Big Bear Lake City Council
November 13, 2024

CITY COUNCIL REGULAR MEETING AGENDA
NOVEMBER 13, 2024
Closed Session: 4:00 p.m., ECR, Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Open Session: 5:00 p.m., Hofert Hall, Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315

COUNCILMEMBERS

MAYOR PERRI MELNICK

MAYOR PRO TEM KENDI SEGOVIA

COUNCILMEMBER RICK HERRICK

COUNCILMEMBER RANDALL PUTZ

CITY STAFF

CITY MANAGER ERIK SUND

ASSISTANT CITY MANAGER/CITY CLERK ERICA STEPHENSON

CITY ATTORNEY STEPHEN DEITSCH
If members of the public cannot attend the meeting, the City encourages the public to submit written public communications about any item on this meeting agenda, or about any subject matter within the jurisdiction of the City, to the City Clerk either in person, via mail or by email at [email protected]. If your comment is related to a specific Agenda item, please identify the Agenda item in the header of your letter or the subject line of your email. All written communications received by the City Clerk prior to the meeting will be distributed to the City Council prior to the start of the meeting, however, the public is encouraged to submit comments by 8:00 am on the day of the meeting to ensure adequate time for City Council review and consideration.

OPEN SESSION – 4:00 P.M.

CALL TO ORDER

ROLL CALL
CLOSED SESSION COMMUNICATIONS - Any member of the public is entitled to speak on Closed Session Agenda items. If you wish to address any other items listed on the agenda, you must do so during Open Session.

DECLARATION OF CLOSED SESSION ITEMS

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957 Title of Position: City Manager

2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 Agency designated representatives: Mayor Perri Melnick and City Attorney Stephen Deitsch Unrepresented employee: City Manager Erik Sund

RECESS TO CLOSED SESSION

CITY COUNCIL AGENDA
NOVEMBER 13, 2024 - Page 2
RECONVENE OPEN SESSION – 5:00 P.M.

PLEDGE OF ALLEGIANCE

INVOCATION
An Invocation provided by Jim Lona, Commander of American Legion Post 584.

EVENT CALENDAR FOR THE PERFORMING ARTS CENTER - For tickets please contact the box office at (909) 866-4970 or visit www.citybigbearlake.com • Visit Big Bear presents “Big Bear Comedy Fest” on November 15th and 16th at 9:00 p.m. • Digital Mechanix presents “Continuous Signal: A Pink Floyd Affair” on Saturday, November 23 at 7:30 p.m.
• Mountain Top Strings presents “Holiday Strings and Jingles” on Friday, December 6th at 6:30 p.m.

PRESENTATIONS
• Mayor Perri Melnick will recognize Councilmember Randall Putz for his achievements in the Council Members Leadership Academy Torch Program and for recently being appointed to serve on the League of California Cities Board of Directors. • Presentation from Andrew Mellon, Community Development Manager providing a Fiscal Year 2023-24 Overview of the Community Development Department’s activities and accomplishments.
• Presentation from Kelly Ent, Deputy City Manager / Chief Financial Officer providing the City’s Fiscal Quarter 1, 2024 Financial Report.
• Presentation from Sean Sullivan, Assistant City Manager providing an overview of the upcoming winter operations plan.

RESULTS OF CLOSED SESSION

CITY COUNCIL AND/OR CITY STAFF ANNOUNCEMENTS IN RESPONSE TO PUBLIC COMMENTS MADE AT THE 10/09/2024 CITY COUNCIL MEETING
PUBLIC COMMUNICATIONS (PART 1) - At this time, general Public comment is permitted only on consent calendar items and other matters not listed on the posted agenda that are within the subject matter and jurisdiction of the City. Public comment on specific items listed on the posted agenda, such as public hearing & discussion or action items, will be taken later in the meeting when the item is called for discussion. When addressing the City Council, please keep the following in mind; State law prohibits the City Council from taking any action on items not listed on the agenda. Therefore, the City Council is prevented from engaging in discussion or deliberation regarding the public’s comments or inquires on non-agendized topics, although the City Council and/or City staff can make brief statements related to a public comment. Each speaker has a 3-minute maximum time limit subject to adjustment at the discretion of the Presiding Officer. To allow City Council sufficient time to address agendized City business, if Public Communications Part 1 exceeds one hour, the remaining public speakers will be allowed to provide public comments during Public Communications Part 2. Participants cannot cede their speaking time to another person. To help ensure a respectful and efficient meeting, please address the City Council directly, not the audience, and refrain from

CITY COUNCIL AGENDA
NOVEMBER 13, 2024 - Page 3
disruptive comments and applause. We appreciate your attendance and your participation in our local government proceedings.

1. CONSENT CALENDAR

1.1 APPROVE DEMANDS – CHECK ISSUE DATE 10/01/24 THROUGH 10/31/24 IN THE AMOUNT OF $2,322,101.29 AND THE SEPTEMBER 2024 TREASURER’S REPORT

1.2 APPROVE MEETING MINUTES FROM THE APRIL 10, 2024 REGULAR MEETING

OF CITY COUNCIL

1.3 APPROVE MEETING MINUTES FROM THE JULY 10, 2024 REGULAR MEETING

OF CITY COUNCIL

1.4 APPROVE MEETING MINUTES FROM THE OCTOBER 9, 2024 REGULAR

MEETING OF CITY COUNCIL

1.5 ADOPT AN AMENDMENT TO THE CITY’S RECORDS RETENTION SCHEDULE Staff’s recommendation: Adopt a Resolution Amending the City’s Records Retention Schedule and Authorizing the Destruction of Emails Pursuant to Government Code Section 34090.

1.6 AUTHORIZE NOTICES OF COMPLETION FOR FISCAL YEAR 2024-25 CAPITAL

IMPROVEMENT PROJECTS
Staff’s recommendation: Accept the work of WGJ Enterprises DBA PCI and Pavement Coatings Co. as complete, and authorize staff to file Notices of Completion for the 2024 Citywide Line Striping Project and the Sealcoating of Trails Project.

1.7 AWARD A CONSTRUCTION CONTRACT – PAC RESTROOM IMPROVEMENTS

PROJECT
Staff’s recommendation: Adopt a Resolution Awarding a Construction Contract to Cornerstone Construction Co. for the PAC Restrooms Improvements Project.

ITEMS REMOVED FROM THE CONSENT CALENDAR

2. PUBLIC HEARING - Any person may appear and be heard in support or in opposition to the proposal at the time of the hearing. If you challenge the action in court or an administrative proceeding, you may be limited to raising only those issues which you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City at or before the public hearing.

2.1 ORDINANCE AMENDING THE CITY’S DEVELOPMENT CODE RELATING TO

ACCESSORY DWELLING UNITS
Staff recommendation: Conduct a public hearing to hear any and all testimony, read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council

CITY COUNCIL AGENDA
NOVEMBER 13, 2024 - Page 4
of the City of Big Bear Lake Amending Development Code Section 17.25.210 Pertaining to Accessory Dwelling Units and Finding the Amendment Statutorily Exempt from the California Environmental Quality Act under Public Resources Code § 21080.17.

3. DISCUSSION/ACTION ITEMS

3.1 AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT FOR CONCEPTUAL

PLANNING SERVICES RELATED TO EVENT SPACE
Staff’s recommendation: Adopt a Resolution Authorizing a Professional Services Agreement with SWA Group for Conceptual Planning Services Related to Event Space within the Bartlett Parking Lot.

3.2 ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2023-068 TO

REMOVE FUTURE CERTAIN COMMERCIAL LAND USES AND LIMIT

DEVELOPMENT OF SINGLE-FAMILY DETACHED DWELLING UNITS IN THE R-3 (MULTIPLE FAMILY) ZONE DISTRICT CITYWIDE
Staff recommendation: Read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake Approving Development Code Amendment 2023-068 to Remove Future Certain Commercial Land Uses and Limit Development of Single-Family Detached Dwelling Units in the R-3 (Multiple Family) Zone District Citywide, and Finding these Amendments Exempt from the California Environmental Quality Act.

Please note- The Public Hearing for this Item was held at the City Council’s October 9, 2024 Regular Meeting and the Public Hearing was closed by Mayor Perri Melnick during that same meeting. The City Council requested that this Item be continued to the November 13, 2024 Regular Meeting, so that the City Council could continue their discussion and consideration of this Item.

3.3 AUTHORIZE AN AMENDMENT TO THE CITY MANAGER’S EMPLOYMENT

AGREEMENT
Staff’s recommendation: Adopt a Resolution Authorizing the First Amendment to the City Manager Employment Agreement.

PUBLIC COMMUNICATIONS (PART 2)

4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
• CITY CLERK, CITY ATTORNEY & CITY MANAGER COMMENTS
• COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS

ADJOURNMENT

CITY COUNCIL AGENDA
NOVEMBER 13, 2024 - Page 5

TENTATIVE ITEMS TO BE CONSIDERED AT A FUTURE PUBLIC MEETING • Roles of a Councilmember when Representing City at Various Agency Meetings o December 11, 2024 Special City Council Meeting
• Annual Councilmember Reorganization & Committee/Agency Appointment Discussion o December 11, 2024 Special City Council Meeting
• Quarterly Fire Protection District Meeting
o December 11, 2024 Special Fire Protection District Meeting • Resolutions Declaring Results of November 5, 2024 Election o December 11, 2024 Regular City Council Meeting
• Annual City Council Reorganization
o December 11, 2024 Regular City Council Meeting
• Overview on Water Matters Related to the City of Big Bear Lake Study Session o January 28, 2025 Special City Council Meeting
• General Election Matters and Rules of Order Study Session o February 12, 2025 Special City Council Meeting

DECLARATION OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 7th day of November 2024.

Erica Stephenson, City Clerk

The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT CALENDAR REPORTS
Check# Vendor/Employee Date Amount
91362 City of Big Bear Lake 10/03/24 72.00
91363 Mountain Area Regional Transit Authority 10/03/24 83,333.34 91364 Airgas, Inc. 10/03/24 63.44
91365 Bear Communications, Inc. 10/03/24 872.32
91366 Bear Valley Paving, Inc. 10/03/24 146,741.75
91367 CP Products 10/03/24 252.24
91368 The Grizzly 10/03/24 7,884.75
91370 Lynn Merrill And Associates, Inc. 10/03/24 475.90 91371 Matrix Consulting Group, LTD 10/03/24 2,700.00
91372 Ring Central 10/03/24 2,817.46
91373 Tom Dodson & Associates 10/03/24 10,098.41
91375 California State Highway Patrol 10/15/24 4,127.15 91376 San Bernardino County Sheriff's Dept 10/15/24 504,624.00 91377 San Bernardino County Vehicle Svcs Dept 10/15/24 10,488.11 91378 City of Big Bear Lake Dept of Water & Power 10/15/24 752.40 91379 Accela, Inc 10/15/24 37,500.00
91380 Autozone Investment Corporation 10/15/24 223.05
91381 AW Direct 10/15/24 1,131.34
91382 Big Bear Disposal Inc 10/15/24 299,150.17
91383 Bravo Arts Solutions LLC 10/15/24 280.73
91384 Butchers Blocks & Building Materials 10/15/24 490.43 91385 Bear Valley Electric 10/15/24 893.93
91386 Bear Valley Printing Inc 10/15/24 95.71
91387 Calolympic Glove & Safety Co 10/15/24 398.12
91388 Execucom 10/15/24 735.00
91390 Deckard Technologies, Inc. 10/15/24 60,000.00
91391 Rosemary E De Lap 10/15/24 3,282.40
91392 Design West Engineering, Inc. 10/15/24 2,763.00
91393 Lumber City Corp. 10/15/24 107.57
91394 DLT Solutions LLC 10/15/24 2,766.21
91395 Ewing 10/15/24 953.98
91396 Frontier Communications 10/15/24 193.64
91397 Grainger Inc. 10/15/24 1,235.45
91398 Harris Computer Systems 10/15/24 8,299.00
91399 Intelesys One, Inc. 10/15/24 12,365.75
91400 JustFOIA Inc 10/15/24 3,183.47
91401 Lance Soll & Lunghard 10/15/24 13,880.00
91403 Mile High Equipment, Inc. 10/15/24 1,551.60
91404 Mission Linen Supply Inc. 10/15/24 2,032.26
91405 Genuine Auto Parts 10/15/24 162.66
91406 Orkin Pest Control 10/15/24 532.97
91407 Patton Sales Corp 10/15/24 448.14
91408 BlueTriton Brands Inc 10/15/24 1,367.63
91410 Underground Service Alert Inc. 10/15/24 277.66
91411 Verizon Wireless 10/15/24 1,671.53
91412 Waxie Sanitary Supply Inc. 10/15/24 5,602.64
91413 San Bernardino County Sheriff's Dept 10/18/24 14,102.77 91414 San Bernardino County Solid Waste Mgmt Division 10/18/24 17.27 91415 City of Big Bear Lake Dept of Water & Power 10/18/24 5,736.98 91418 All Protection Alarm 10/18/24 143.98
91419 Autozone Investment Corporation 10/18/24 522.40
91420 Big Bear Chamber of Commerce 10/18/24 25.83
91421 Big Bear Disposal Inc 10/18/24 815.75
91422 BlackHole Technologies Inc 10/18/24 1,969.78
91424 Butchers Blocks & Building Materials 10/18/24 928.78 91425 Bear Valley Electric 10/18/24 26,642.59
91426 Car Quest Auto Parts 10/18/24 76.11
91427 Charter Communications Holdings, LLC 10/18/24 3,810.00 91428 Cintas Corporation 10/18/24 2,292.72
91429 Dapeer Rosenblit & Litvak LLP 10/18/24 6,356.26
91431 Lumber City Corp. 10/18/24 3,075.58
91432 Docu-Trust 10/18/24 55.00
91433 Emingers Mountain Nursery 10/18/24 199.47
91435 Ewing 10/18/24 5,313.97
91436 Fairview Ford Sales, Inc. 10/18/24 482.03
91437 FedEx 10/18/24 78.28
91438 FFBH Motors LLC 10/18/24 44,979.50
91439 Grainger Inc. 10/18/24 2,815.77
91442 MTS Partners Inc 10/18/24 1,079.67
91446 Merrell Johnson Engineering Inc 10/18/24 54,521.00 City of Big Bear Lake
Checks Issued 10/01/2024 - 10/31/2024
Item 1.1
Check# Vendor/Employee Date Amount
City of Big Bear Lake
Checks Issued 10/01/2024 - 10/31/2024
91448 Mile High Equipment, Inc. 10/18/24 198.02
91450 Mission Linen Supply Inc. 10/18/24 1,299.68
91451 Mojave Desert & Mountain 10/18/24 4,067.00
91452 Monarch Weather & Climate Intelligence, LLC 10/18/24 900.00 91453 Randy Spitz 10/18/24 186.64
91454 Mountain Water Co 10/18/24 128.00
91455 Genuine Auto Parts 10/18/24 1,484.92
91456 Nielsen Merksamer Parrinello Gross & Leoni, LLP 10/18/24 3,294.99 91457 Orkin Pest Control 10/18/24 435.98
91458 Overland,Pacific & Cutler, Inc 10/18/24 8,653.00
91459 Parkhouse Tire, Inc. 10/18/24 5,042.63
91461 Southern California Mountains Foundation 10/18/24 28,196.90 91462 Triple Crown Products, Inc. 10/18/24 482.98
91463 TruePoint Solutions, LLC 10/18/24 9,166.67
91464 Tripepi, Smith & Associates, Inc. 10/18/24 402.50 91466 Valero Marketing & Supply Co 10/18/24 603.87
91467 Bergkvist, Bergkvist & Carter, LLP, Client Trust Account 10/22/24 23,500.00 91472 Best Best & Krieger LLP 10/23/24 24,054.02
91473 Bear Valley Electric 10/23/24 1,455.70
91474 Charter Communications Holdings, LLC 10/23/24 605.67 91475 Melisa Carlc 10/23/24 2,450.00
91476 Extra Space Management Inc 10/23/24 1,021.00
91477 The Grizzly 10/23/24 288.75
91478 MTS Partners Inc 10/23/24 452.55
91479 Kirby Craig 10/23/24 5,000.00
91480 Ludecke's Electrical Service, Inc. 10/23/24 922.47 91481 Marlin Business Bank 10/23/24 1,616.02
91483 Mission Linen Supply Inc. 10/23/24 984.70
91484 Orkin Pest Control 10/23/24 144.99
91485 Pavement Coatings Co. 10/23/24 200,000.43
91488 Southwest Gas Corporation 10/23/24 11.00
91490 Verizon Wireless 10/23/24 1,848.76
91491 Willdan Engineering Inc 10/23/24 22,357.00
91492 Ashley Senter 10/24/24 650.00
91493 Ashley Senter 10/30/24 650.00
91494 San Bernardino County Fire Protection District 10/31/24 465.00 91495 San Bernardino County Solid Waste Mgmt Division 10/31/24 17.31 91496 All American Building Services, Inc. 10/31/24 79,253.75 91497 Airgas, Inc. 10/31/24 61.98
91498 Alliant Insurance Services, Inc. 10/31/24 546.00
91503 BlueTarp Financial, Inc. 10/31/24 1,484.75
91504 Michael Bonner 10/31/24 9,236.50
91505 Butchers Blocks & Building Materials 10/31/24 1,089.41 91506 Bear Valley Electric 10/31/24 593.55
91507 Frontier Communications 10/31/24 2,631.98
91508 Geiger Supply, Inc. 10/31/24 832.31
91509 Golden Bell Products, Inc 10/31/24 3,620.94
91510 Grainger Inc. 10/31/24 3,226.52
91511 HdL Coren & Cone 10/31/24 4,502.53
91513 Mission Linen Supply Inc. 10/31/24 2,079.34
91515 Quill Corporation 10/31/24 833.04
91516 BlueTriton Brands Inc 10/31/24 1,387.63
91517 ROW Traffic Safety, Inc. 10/31/24 1,050.07
91518 Ring Central 10/31/24 2,763.92
91519 Southwest Gas Corporation 10/31/24 709.28
91521 Vulcan Materials Company Inc. 10/31/24 2,506.24
91522 Waxie Sanitary Supply Inc. 10/31/24 4,638.29
ACH Espyr 10/04/24 204.60
ACH Espyr 10/31/24 204.60
ACH Gary Payne 10/15/24 275.00
ACH Gary Payne 10/23/24 1,100.00
ACH Gary Payne 10/31/24 275.00
ACH S Porter Inc 10/03/24 428,760.17
ACH TASC Client Invoices 10/18/24 94.24
ACH What's Up Big Bear 10/15/24 90.00
ACH What's Up Big Bear 10/31/24 90.00
2,322,101.59
Check# Vendor/Employee Transaction Amount
City Council 4110
91492 Ashley Senter State of the City Outreach Event 10/24/24 650.00 91493 Ashley Senter State of the City Outreach Event 10/30/24 650.00 City Council Total 1,300.00
City Clerk & Communications 4130
91289 Statewide Traffic Safety and Signs Inc Signature Event Expense - Tour de Big Bear 10/15/24 4,127.15 91432 Docu-Trust Document Storage - October 10/18/24 55.00 91472 Best Best & Krieger LLP PRA Services - September 10/23/24 7,798.80 91498 Alliant Insurance Services, Inc. Signature Event Expense - Halloween in the Village 10/31/24 546.00 City Clerk & Communications Total 12,526.95
Finance 4140
91371 Matrix Consulting Group, LTD Professional Services 10/03/24 2,700.00 91511 HdL Coren & Cone Professional Services 10/31/24 4,502.53 91515 Quill Corporation Office Supplies 10/31/24 169.52 Finance Services Total 7,372.05
Staff Services & Risk Management 4150
91368 The Grizzly Recruitment Expense 10/03/24 64.25
91515 Quill Corporation Office Supplies 10/31/24 163.47 ACH Espyr EAP Services 10/04/24 204.60
ACH Espyr EAP Services 10/31/24 204.60
ACH TASC Client Invoices Administrative Fees 10/18/24 94.24 Staff Services & Risk Management Total 731.16
City Attorney 4170
91368 The Grizzly Legal Notices 10/03/24 7,820.50
91429 Dapeer Rosenblit & Litvak LLP Professional Legal Services - August 10/18/24 6,356.26 91456 Nielsen Merksamer Parrinello Gross & Leoni, LLP Professional Legal Services - September 10/18/24 3,294.99 91467 Bergkvist, Bergkvist & Carter, LLP, Client Trust Account Professional Legal Services - Settlement 10/22/24 23,500.00 91472 Best Best & Krieger LLP Professional Legal Services - September 10/23/24 16,255.22 91477 The Grizzly Legal Notices 10/23/24 288.75
City Attorney Total 57,515.72
Traffic Safety 4230
91385 Bear Valley Electric Electricity Usage 10/15/24 428.94 91425 Bear Valley Electric Electricity Usage 10/18/24 387.37 91473 Bear Valley Electric Electricity Usage 10/23/24 163.46 91506 Bear Valley Electric Electricity Usage 10/31/24 371.79 Traffic Safety Total 1,351.56
Law Enforcement 4250
91376 San Bernardino County Sheriff's Dept Monthly Sheriff Contract 10/15/24 504,624.00 91413 San Bernardino County Sheriff's Dept Quarterly Exp/Emergency Dispatch/CAL ID Annual Assessment Fee 10/18/24 14,102.77 Law Enforcement Total 518,726.77
Expenditure By Department
Checks Issued 10/01/2024 - 10/31/2024
City of Big Bear Lake
Check# Vendor/Employee Transaction Amount
Expenditure By Department
Checks Issued 10/01/2024 - 10/31/2024
City of Big Bear Lake
Animal Regulation 4260
91406 Orkin Pest Control Pest Control Services 10/15/24 144.99 91484 Orkin Pest Control Pest Control Services 10/23/24 144.99 Animal Regulation Total 289.98
Engineering 4310
91362 City of Big Bear Lake Meeting Expense 10/03/24 72.00 91377 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/15/24 563.36 91384 Butchers Blocks & Building Materials Materials/Supplies 10/15/24 84.02 91446 Merrell Johnson Engineering Inc Professional Services 10/18/24 2,682.50 91491 Willdan Engineering Inc Professional Services 10/23/24 1,932.00 Engineering Total 5,333.88
Street Maintenance & Snow Removal 4320
91364 Airgas, Inc. Materials/Supplies 10/03/24 63.44
91365 Bear Communications, Inc. Materials/Supplies 10/03/24 436.16 91377 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/15/24 2,863.60 91384 Butchers Blocks & Building Materials Materials/Supplies 10/15/24 138.21 91387 Calolympic Glove & Safety Co Materials/Supplies 10/15/24 398.12 91388 Execucom After-hours Call Service 10/15/24 367.50 91395 Ewing Materials/Supplies 10/15/24 476.99
91397 Grainger Inc. Materials/Supplies 10/15/24 1,084.86 91403 Mile High Equipment, Inc. Materials/Supplies 10/15/24 1,551.60 91404 Mission Linen Supply Inc. Uniform Laundry Service 10/15/24 1,444.24 91406 Orkin Pest Control Pest Control Services 10/15/24 143.99 91408 BlueTriton Brands Inc Drinking Water 10/15/24 683.81 91412 Waxie Sanitary Supply Inc. Janitorial Supplies 10/15/24 1,400.66 91414 San Bernardino County Solid Waste Mgmt Division Solid Waste Collection 10/18/24 17.27 91422 BlackHole Technologies Inc GPS Monthly Services 10/18/24 1,969.78 91424 Butchers Blocks & Building Materials Materials/Supplies 10/18/24 212.43 91427 Charter Communications Holdings, LLC Cable Service 10/18/24 89.12 91428 Cintas Corporation First Aid Supplies 10/18/24 813.77 91439 Grainger Inc. Signs 10/18/24 2,815.77
91450 Mission Linen Supply Inc. Uniform Laundry Service 10/18/24 948.96 91452 Monarch Weather & Climate Intelligence, LLC Weather Forecasting Services 10/18/24 900.00 91466 Valero Marketing & Supply Co Fuel Charges 10/18/24 603.87 91474 Charter Communications Holdings, LLC Cable Service 10/23/24 89.12 91476 Extra Space Management Inc Storage Rental Space 10/23/24 1,021.00 91483 Mission Linen Supply Inc. Uniform Laundry Service 10/23/24 696.98 91495 San Bernardino County Solid Waste Mgmt Division Solid Waste Collection 10/31/24 17.31 91497 Airgas, Inc. Materials/Supplies 10/31/24 61.98
91505 Butchers Blocks & Building Materials Materials/Supplies 10/31/24 516.85 91510 Grainger Inc. Materials/Supplies 10/31/24 1,888.28 91513 Mission Linen Supply Inc. Uniform Laundry Service 10/31/24 1,572.69 91516 BlueTriton Brands Inc Drinking Water 10/31/24 693.81 91517 ROW Traffic Safety, Inc. Signs 10/31/24 1,050.07
91521 Vulcan Materials Company Inc. Materials/Supplies 10/31/24 2,506.24 91522 Waxie Sanitary Supply Inc. Janitorial Supplies 10/31/24 1,159.57 PW: Street Maintenance & Snow Removal Total 30,698.05
Check# Vendor/Employee Transaction Amount
Expenditure By Department
Checks Issued 10/01/2024 - 10/31/2024
City of Big Bear Lake
Vehicle Maintenance 4325
91381 AW Direct Vehicle Repair Parts 10/15/24 1,131.34
91397 Grainger Inc. Vehicle Repair Parts 10/15/24 18.39 91404 Mission Linen Supply Inc. Uniform Laundry Service 10/15/24 90.26 91415 City of Big Bear Lake Dept of Water & Power Water Usage 10/18/24 443.49 91419 Autozone Investment Corporation Vehicle Repair Parts 10/18/24 268.12 91426 Car Quest Auto Parts Vehicle Repair Parts 10/18/24 26.02 91436 Fairview Ford Sales, Inc. Vehicle Repair Parts 10/18/24 482.03 91450 Mission Linen Supply Inc. Uniform Laundry Service 10/18/24 59.32 91455 Genuine Auto Parts Vehicle Repair Parts 10/18/24 1,136.10 91459 Parkhouse Tire, Inc. Tires 10/18/24 5,042.63
91473 Bear Valley Electric Electricity Usage 10/23/24 33.04 91483 Mission Linen Supply Inc. Uniform Laundry Service 10/23/24 43.55 91503 BlueTarp Financial, Inc. Vehicle Repair Parts 10/31/24 1,484.75 91505 Butchers Blocks & Building Materials Materials/Supplies 10/31/24 46.39 91513 Mission Linen Supply Inc. Uniform Laundry Service 10/31/24 98.29 91519 Southwest Gas Corporation Natural Gas Usage 10/31/24 202.12 PW: Vehicle Maintenance Total 10,605.84
Street Lighting 4330
91385 Bear Valley Electric Electricity Usage 10/15/24 139.42 91425 Bear Valley Electric Electricity Usage 10/18/24 18,510.13 91473 Bear Valley Electric Electricity Usage 10/23/24 736.67 91506 Bear Valley Electric Electricity Usage 10/31/24 65.41 PW: Street Lighting Total 19,451.63
Parking Lots & Facilities 4335
91384 Butchers Blocks & Building Materials Materials/Supplies 10/15/24 78.30 91385 Bear Valley Electric Electricity Usage 10/15/24 156.23 91391 Rosemary E De Lap Locksmith Services 10/15/24 3,282.40 91393 Lumber City Corp. Materials/Supplies 10/15/24 107.57 91397 Grainger Inc. Materials/Supplies 10/15/24 44.07
91406 Orkin Pest Control Pest Control Services 10/15/24 243.99 91412 Waxie Sanitary Supply Inc. Janitorial Supplies 10/15/24 1,400.66 91415 City of Big Bear Lake Dept of Water & Power Water Usage 10/18/24 500.33 91420 Big Bear Chamber of Commerce Natural Gas Usage 10/18/24 25.83 91424 Butchers Blocks & Building Materials Materials/Supplies 10/18/24 2.37 91425 Bear Valley Electric Electricity Usage 10/18/24 2,199.92 91427 Charter Communications Holdings, LLC Security Camera Internet Service 10/18/24 239.96 91435 Ewing Irrigation Supplies 10/18/24 1,771.32
91505 Butchers Blocks & Building Materials Materials/Supplies 10/31/24 46.85 91510 Grainger Inc. Materials/Supplies 10/31/24 647.00
91519 Southwest Gas Corporation Natural Gas Usage 10/31/24 38.15 91522 Waxie Sanitary Supply Inc. Janitorial Supplies 10/31/24 1,159.57 PW: Parking Lots & Facilities Total 11,944.52
Planning 4410
91491 Willdan Engineering Inc Professional Services 10/23/24 1,120.00 91515 Quill Corporation Office Supplies 10/31/24 86.90
Planning Total 1,206.90
Check# Vendor/Employee Transaction Amount
Expenditure By Department
Checks Issued 10/01/2024 - 10/31/2024
City of Big Bear Lake
Economic Development & Tourism Management 4415
91377 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/15/24 1,076.54 91386 Bear Valley Printing Inc Vacation Rental Mailers 10/15/24 95.71 91401 Lance Soll & Lunghard Professional Services 10/15/24 13,880.00 91462 Triple Crown Products, Inc. City Logo Apparel Uniforms 10/18/24 482.98 91515 Quill Corporation Office Supplies 10/31/24 88.33
Economic Development & Tourism Management Total 15,623.56 Building & Safety 4430
91377 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/15/24 212.62 91491 Willdan Engineering Inc Professional Services 10/23/24 19,305.00 91515 Quill Corporation Office Supplies 10/31/24 142.07 Building & Safety Total 19,659.69
PAC Administration 4610
91383 Bravo Arts Solutions LLC Ticket Printing Fees 10/15/24 280.73 PAC Administration Total 280.73
City Parks & Trails 4625
91378 City of Big Bear Lake Dept of Water & Power Water Usage 10/15/24 752.40 91384 Butchers Blocks & Building Materials Materials/Supplies 10/15/24 49.74 91385 Bear Valley Electric Electricity Usage 10/15/24 169.34 91395 Ewing Materials/Supplies 10/15/24 476.99
91397 Grainger Inc. Materials/Supplies 10/15/24 44.07
91412 Waxie Sanitary Supply Inc. Janitorial Supplies 10/15/24 1,400.66 91415 City of Big Bear Lake Dept of Water & Power Water Usage 10/18/24 2,457.02 91424 Butchers Blocks & Building Materials Materials/Supplies 10/18/24 155.84 91425 Bear Valley Electric Electricity Usage 10/18/24 1,416.79 91427 Charter Communications Holdings, LLC Security Camera Internet Service 10/18/24 409.94 91433 Emingers Mountain Nursery Materials/Supplies 10/18/24 199.47 91435 Ewing Irrigation Supplies 10/18/24 1,771.32
91448 Mile High Equipment, Inc. Materials/Supplies 10/18/24 198.02 91473 Bear Valley Electric Electricity Usage 10/23/24 27.33 91485 Pavement Coatings Co. Sealcoating of Trails Project 10/23/24 200,000.43 91505 Butchers Blocks & Building Materials Materials/Supplies 10/31/24 71.53 91506 Bear Valley Electric Electricity Usage 10/31/24 156.35 91508 Geiger Supply, Inc. Janitorial Supplies 10/31/24 157.83 91510 Grainger Inc. Materials/Supplies 10/31/24 691.24
91522 Waxie Sanitary Supply Inc. Janitorial Supplies 10/31/24 1,159.57 City Parks & Trails Total 211,765.88
General Government 4800
91428 Cintas Corporation First Aid Supplies 10/18/24 665.19 91437 FedEx Shipping Charges 10/18/24 78.28
91453 Randy Spitz Meeting Supplies 10/18/24 186.64
91454 Mountain Water Co Water Dispenser Rental & Water 10/18/24 128.00 91515 Quill Corporation Office Supplies 10/31/24 137.58 General Government Total 1,195.69
Check# Vendor/Employee Transaction Amount
Expenditure By Department
Checks Issued 10/01/2024 - 10/31/2024
City of Big Bear Lake
Information Technology 4810
91372 Ring Central Communication Services 10/03/24 2,817.46 91379 Accela, Inc Annual Permitting Software Subscription 10/15/24 37,500.00 91390 Deckard Technologies, Inc. Annual Rentalscape Subscription 10/15/24 60,000.00 91394 DLT Solutions LLC Annual AutoCAD Subscription 10/15/24 2,766.21 91396 Frontier Communications Telephone Service 10/15/24 93.01 91398 Harris Computer Systems Annual Software Maintenance-CityView 10/15/24 8,299.00 91399 Intelesys One, Inc. Monthly Services/Annual Support 10/15/24 12,365.75 91400 JustFOIA Inc Bi-Annual PRA Software Subscription 10/15/24 3,183.47 91411 Verizon Wireless Cell Phone Service 10/15/24 1,086.49 91427 Charter Communications Holdings, LLC High Speed Internet 10/18/24 2,951.00 91442 MTS Partners Inc Toner 10/18/24 1,079.67
91463 TruePoint Solutions, LLC Annual Plan Review Subscription 10/18/24 9,166.67 91474 Charter Communications Holdings, LLC Circuit & RingCentral Installation Services 10/23/24 516.55 91475 Melisa Carlc GIS Services 10/23/24 2,450.00
91478 MTS Partners Inc Toner 10/23/24 452.55
91481 Marlin Business Bank Copier Lease 10/23/24 1,616.02 91490 Verizon Wireless Cell Phone Service 10/23/24 1,201.69 91504 Michael Bonner Annual GovPilot Subscription 10/31/24 9,236.50 91507 Frontier Communications Telephone Service 10/31/24 2,036.35 91518 Ring Central Communication Services 10/31/24 2,763.92 Technology Services Total 161,582.31
Civic Center 4820
91367 CP Products Materials/Supplies 10/03/24 252.24
91377 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/15/24 2,189.88 91384 Butchers Blocks & Building Materials Materials/Supplies 10/15/24 38.14 91397 Grainger Inc. Materials/Supplies 10/15/24 44.06
91404 Mission Linen Supply Inc. Uniform Laundry Service 10/15/24 126.37 91412 Waxie Sanitary Supply Inc. Janitorial Supplies 10/15/24 1,400.66 91415 City of Big Bear Lake Dept of Water & Power Water Usage 10/18/24 575.46 91424 Butchers Blocks & Building Materials Materials/Supplies 10/18/24 80.89 91427 Charter Communications Holdings, LLC Security Camera Internet Service 10/18/24 119.98 91431 Lumber City Corp. Materials/Supplies 10/18/24 52.91 91450 Mission Linen Supply Inc. Uniform Laundry Service 10/18/24 83.03 91457 Orkin Pest Control Pest Control Services 10/18/24 435.98 91483 Mission Linen Supply Inc. Uniform Laundry Service 10/23/24 60.99 91505 Butchers Blocks & Building Materials Materials/Supplies 10/31/24 160.84 91513 Mission Linen Supply Inc. Uniform Laundry Service 10/31/24 137.61 91515 Quill Corporation Office Supplies 10/31/24 45.17
91519 Southwest Gas Corporation Natural Gas Usage 10/31/24 186.64 91522 Waxie Sanitary Supply Inc. Janitorial Supplies 10/31/24 1,159.58 Civic Center Total 7,150.43
PAC Operations & Maintenance 4821
91384 Butchers Blocks & Building Materials Materials/Supplies 10/15/24 96.13 91418 All Protection Alarm Alarm Monitoring 10/18/24 143.98 91424 Butchers Blocks & Building Materials Materials/Supplies 10/18/24 15.66 91519 Southwest Gas Corporation Natural Gas Usage 10/31/24 43.02 ACH Gary Payne Theatre Maintenance & Support 10/15/24 275.00 Check# Vendor/Employee Transaction Amount
Expenditure By Department
Checks Issued 10/01/2024 - 10/31/2024
City of Big Bear Lake
ACH Gary Payne Theatre Maintenance & Support 10/23/24 1,100.00 ACH Gary Payne Theatre Maintenance & Support 10/31/24 275.00 ACH What's Up Big Bear Theatre Support 10/15/24 90.00
ACH What's Up Big Bear Theatre Support 10/31/24 90.00
PAC Operations & Maintenance Total 2,128.79
Sanitation 250
91365 Bear Communications, Inc. Materials/Supplies 10/03/24 436.16 91377 San Bernardino County Vehicle Svcs Dept Fuel Charges 10/15/24 3,582.11 91380 Autozone Investment Corporation Vehicle Repair Parts 10/15/24 223.05 91384 Butchers Blocks & Building Materials Materials/Supplies 10/15/24 5.89 91388 Execucom After-hours Call Service 10/15/24 367.50 91396 Frontier Communications Telephone Service 10/15/24 100.63 91404 Mission Linen Supply Inc. Uniform Laundry Service 10/15/24 226.96 91405 Genuine Auto Parts Vehicle Repair Parts 10/15/24 162.66 91408 BlueTriton Brands Inc Drinking Water 10/15/24 683.82 91410 Underground Service Alert Inc. Underground Dig Alert Services 10/15/24 277.66 91411 Verizon Wireless Cell Phone Service 10/15/24 451.31 91415 City of Big Bear Lake Dept of Water & Power Water Usage 10/18/24 52.73 91419 Autozone Investment Corporation Vehicle Repair Parts 10/18/24 254.28 91424 Butchers Blocks & Building Materials Materials/Supplies 10/18/24 149.44 91425 Bear Valley Electric Electricity Usage 10/18/24 2,722.20 91426 Car Quest Auto Parts Vehicle Repair Parts 10/18/24 50.09 91428 Cintas Corporation First Aid Supplies 10/18/24 813.76 91446 Merrell Johnson Engineering Inc Professional Services 10/18/24 555.00 91450 Mission Linen Supply Inc. Uniform Laundry Service 10/18/24 113.48 91455 Genuine Auto Parts Vehicle Repair Parts 10/18/24 348.82 91473 Bear Valley Electric Electricity Usage 10/23/24 495.20 91483 Mission Linen Supply Inc. Uniform Laundry Service 10/23/24 113.48 91490 Verizon Wireless Cell Phone Service 10/23/24 499.17 91505 Butchers Blocks & Building Materials Materials/Supplies 10/31/24 205.79 91507 Frontier Communications Telephone Service 10/31/24 595.63 91508 Geiger Supply, Inc. Janitorial Supplies 10/31/24 64.04 91509 Golden Bell Products, Inc Materials/Supplies 10/31/24 3,620.94 91513 Mission Linen Supply Inc. Uniform Laundry Service 10/31/24 113.48 91516 BlueTriton Brands Inc Drinking Water 10/31/24 693.82 91519 Southwest Gas Corporation Natural Gas Usage 10/31/24 202.10 Sanitation Total 18,181.20
Property Lease General Operations 255
91382 Big Bear Disposal Inc Leisure Bear Roll-off Trash Services 10/15/24 1,413.44 91458 Overland,Pacific & Cutler, Inc Professional Services 10/18/24 8,653.00 91464 Tripepi, Smith & Associates, Inc. Professional Services 10/18/24 402.50 91480 Ludecke's Electrical Service, Inc. Leisure Bear Electrical Repair 10/23/24 922.47 Property Lease General Operations Total 11,391.41
Mountain Transit 282
91363 Mountain Area Regional Transit Authority No-Fare Trolley Contribution - September & October 10/03/24 83,333.34 Mountain Transit Total 83,333.34
Check# Vendor/Employee Transaction Amount
Expenditure By Department
Checks Issued 10/01/2024 - 10/31/2024
City of Big Bear Lake
Village Streetscape Maintenance 291
91382 Big Bear Disposal Inc Village Litter Containers 10/15/24 2,558.12 91407 Patton Sales Corp Materials/Supplies 10/15/24 448.14 91415 City of Big Bear Lake Dept of Water & Power Water Usage 10/18/24 1,707.95 91424 Butchers Blocks & Building Materials Materials/Supplies 10/18/24 312.15 91425 Bear Valley Electric Electricity Usage 10/18/24 1,406.18 91431 Lumber City Corp. Snow Blowers 10/18/24 3,022.67
91435 Ewing Irrigation Supplies 10/18/24 1,771.33
91479 Kirby Craig Custom Bear Carvings 10/23/24 5,000.00 91488 Southwest Gas Corporation Natural Gas Usage 10/23/24 11.00 91505 Butchers Blocks & Building Materials Materials/Supplies 10/31/24 41.16 91508 Geiger Supply, Inc. Janitorial Supplies 10/31/24 610.44 91519 Southwest Gas Corporation Natural Gas Usage 10/31/24 37.25 Village Streetscape Maintenance Total 16,926.39
Capital Projects 321
91366 Bear Valley Paving, Inc. PAC Facility Improvements Project 10/03/24 146,741.75 91373 Tom Dodson & Associates Castle Rock Trailhead Project 10/03/24 10,098.41 91392 Design West Engineering, Inc. Civic Center Repairs 10/15/24 2,763.00 91438 FFBH Motors LLC Vehicle Acquisitions 10/18/24 44,979.50 91446 Merrell Johnson Engineering Inc Castle Rock Trailhead & PAC Facility Improvement Projects 10/18/24 21,023.50 91461 Southern California Mountains Foundation CA 4 All Youth Workforce Project 10/18/24 28,196.90 91496 All American Building Services, Inc. Village Accessibility Improvements Project 10/31/24 79,253.75 ACH S Porter Inc Castle Rock Trailhead Project 10/03/24 113,116.50 Capital Projects Total 446,173.31
Street Improvement Projects 350
91446 Merrell Johnson Engineering Inc Summit Boulevard Rehabilitation Project 10/18/24 29,705.00 ACH S Porter Inc Summit Boulevard Rehabilitation Project 10/03/24 315,643.67 Capital Projects/ Street Improvements Total 345,348.67
Refuse 550
91370 Lynn Merrill And Associates, Inc. Professional Services 10/03/24 475.90 91382 Big Bear Disposal Inc Residential Curb/Bin Service 10/15/24 295,178.61 91404 Mission Linen Supply Inc. Uniform Laundry Service 10/15/24 144.43 91411 Verizon Wireless Cell Phone Service 10/15/24 133.73 91421 Big Bear Disposal Inc Compost Purchases 10/18/24 815.75 91446 Merrell Johnson Engineering Inc Professional Services 10/18/24 555.00 91450 Mission Linen Supply Inc. Uniform Laundry Service 10/18/24 94.89 91451 Mojave Desert & Mountain Annual Member Contribution 10/18/24 4,067.00 91483 Mission Linen Supply Inc. Uniform Laundry Service 10/23/24 69.70 91490 Verizon Wireless Cell Phone Service 10/23/24 147.90 91494 San Bernardino County Fire Protection District Household Hazardous Waste Removal/Permit Fees 10/31/24 465.00 91513 Mission Linen Supply Inc. Uniform Laundry Service 10/31/24 157.27 Refuse Total 302,305.18
2,322,101.59
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account - Union Bank $ 4.12% 1,162,185
Imprest Cash - Union Bank Payroll $ 0.85% 240,795
Imprest Cash $ 0.01% 1,625
Dental Self Insured Checking $ 0.59% 165,721
Local Agency Investment Fund (LAIF) 4.575% 26,638,646 $ 94.43% Total Cash In Treasury: 28,208,971 $ 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 217
LAIF Transactions $1,000,000 -$1,800,000
Interest Received for Fiscal Year 2024-25 $361,147
DISTRIBUTION OF CASH BY FUND September 2024 August 2024 Change General $ 24,853,042 23,110,008 $ (1,743,034) $
Sanitation $ 4,742,757 4,584,737 $ (158,020) $
Capital Improvement $ (1,574,336) (966,130) $ 608,206 $ Refuse $ 670,844 287,027 $ (383,817) $
Trust $ 970,428 796,308 $ (174,120) $
Successor Agency $ 117,218 117,218 $ - $
AB 3229 Supp Law Enforce $ 300,608 279,804 $ (20,804) $ Total Cash in Treasury: 28,208,971 $ 30,080,136 $ (1,871,589) $ CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 2005 Revenue Refunding Bonds
Big Bear Lake Reserve Fund $ 614,268 614,268 $ 4.83%
Moonridge Reserve Fund $ 87,494 87,494 $ 4.83%
1999 IA Tax Allocation Bonds $ 289,289 289,289 $ 4.83%
- The aforementioned investments conform to the City's investment policy. (Res. 2022-64) - Cash is sufficient to meet needs of the next 6 months. - Interest earned on invested cash is accrued on a quarterly basis.

Pursuant to California Government Code 53647 all local government agencies are required to report the current market value of investments under management by an outside party. The reserve funds for the aforementioned bond issues are held and managed by the City's Trustee, Union Bank.

CITY OF BIG BEAR LAKE

TREASURER'S REPORT
September, 2024
Regular Meeting Minutes – April 10, 2024
A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Melnick at 4:33 p.m., Wednesday, April 10, 2024, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

A motion was made by Councilmember Herrick seconded by Mayor Melnick, to excuse Mayor Pro Tem Segovia from attendance at this meeting.

Said motion was approved by the following vote:

AYES: Putz, Herrick, Melnick
NOES: None
ABSTAIN: None
EXCUSED: Segovia

OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Herrick
Councilmembers Present: Mayor Perri Melnick
Councilmember Rick Herrick
Councilmember Randall Putz
Councilmember Excused: Mayor Pro Tem Kendi Segovia
Others Present: Erik Sund, City Manager
Stephen P. Deitsch, City Attorney
Erica Stephenson, City Clerk

CLOSED SESSION PUBLIC COMMUNICATIONS
Dan Gulbranson, Big Bear Lake resident, expressed his concerns about the City’s recent property acquisitions.

City Manager Erik Sund announced that the City Council was going to cancel the Closed Session that was previously scheduled on this Agenda and defer those 2 Closed Session items to the May 8 City Council meeting to allow for all City Councilmembers to be present and participate in Closed Session.

City Attorney Stephen P. Deitsch informed the public that there would now be an approximate 20 minute break until the Open Session resumes; and reminded the City Council that City business can’t be discussed during the break and must be deferred until Open Session resumes at 5:00 p.m.

At the hour of 4:40 p.m., Mayor Melnick called for a recess.

At the hour of 5:01 p.m., Mayor Melnick resumed Open Session.

Item 1.2

Meeting Minutes
April 10, 2024

PRESENTATIONS
• Presentation of a Proclamation to Interim Associate Network Officer Hillary Steenson-Ray from the San Bernardino County Children’s Network Declaring April 2024 as Child Abuse Prevention Month.
• Introduction of new employee Monica Molina-Connolly, Executive Assistant in the Management Services Department.
• Presentation from Assistant City Manager Sean Sullivan providing an overview of the Castle Rock Trailhead Parking Lot Project.

OPEN SESSION PUBLIC COMMUNICATIONS
Ellen Clarke, Big Bear Chamber of Commerce Executive Director, highlighted several of the Big Bear Chamber of Commerce’s upcoming projects and events; some of which include, the First Annual Big Bear Restaurant Week that will be held May 5-9, updating their website, working on the East Valley Murals Project and the Chambers’s Annual Meeting that will be held on the first Tuesday of June.

Dan Gulbranson, Big Bear Lake resident, provided his thoughts related to fire evacuations; expressed concerns about City operations.

1. CONSENT CALENDAR
A motion was made by Councilmember Herrick, seconded by Councilmember Putz to approve the Consent Calendar as follows:

1.1 APPROVE DEMANDS – CHECK ISSUE DATE 03/01/24 THROUGH 03/28/24 IN THE AMOUNT OF $1,532,288.82 AND THE FEBRUARY 2024 TREASURER’S REPORT Approved.

1.2 APPROVAL OF MEETING MINUTES FROM THE FEBRUARY 29, 2024 SPECIAL

MEETING OF CITY COUNCIL
Approved.

1.3 RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS RELATED TO TRACT MAP NO. 18580
Approved and adopted the following resolution entitled:

RESOLUTION NO. 2024-14

RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 18580, THE PINES SUBDIVISION, AND AUTHORIZING THE

RELEASE OF THE PERFORMANCE BOND

1.4 RESOLUTION ORDERING THE PREPARATION OF AN ENGINEER’S REPORT

AND RESOLUTION OF INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN THE VILLAGE MAINTENANCE ASSESSMENT DISTRICT NO. 1-92

Meeting Minutes
April 10, 2024
Approved and adopted the following resolutions entitled:

RESOLUTION NO. 2024-15
RESOLUTION ORDERING THE PREPARATION OF AN ENGINEER’S REPORT FOR THE VILLAGE MAINTENANCE ASSESSMENT DISTRICT NO. 1-92 &
RESOLUTION NO. 2024-16

RESOLUTION OF INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN THE VILLAGE MAINTENANCE ASSESSMENT DISTRICT NO. 1-92

1.5 AUTHORIZATION OF BID SOLICITATIONS FOR UPCOMING CAPITAL

IMPROVEMENT PROJECTS
Approved.

The Consent Calendar was approved by the following vote:

AYES: Putz, Herrick, Melnick
NOES: None
ABSTAIN: None
EXCUSED: Segovia

ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

2. COMMENTS, ANNOUNCEMENTS, & ADDITIONAL CITY BUSINESS
• CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
City Clerk Erica Stephenson announced that a Special Meeting will be held in the morning on May 8th at City Hall. Additionally, she explained that at the June 12th meeting three election related resolutions will be presented to City Council for consideration, if the resolutions are adopted the City’s November 2024 election will be consolidated with the San Bernardino County elections.

City Manager Erik Sund reminded the public to sign up for the City’s The Week That Was and Elevation 6752 newsletters. He also announced that the City will be participating in Earth Day, this annual event will be held on April 26th.
• COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Putz shared that he attended the League of California Cities Environmental Quality Policy Committee meeting. The meeting provided an overview of the proposed State legislations and the State’s budget. Councilmember Putz (seconded by Councilmember Herrick) made a request for two future agenda items; he would like the City Council to revisit the Rules of Order and he also requested to include a discussion item to seek direction on what are appropriate actions for

Meeting Minutes
April 10, 2024
Councilmembers when they’re appointed to represent the City on a board/committee.

Councilmember Herrick shared that he is continuing to work with SBCTA on the Rathbun Creek Trial extension project, reported on recent BBARWA meetings, and shared that Highway 38 will be closed on April 11th due to the Redlands Bicycle Classic.

Mayor Melnick announced that the West End Redevelopment Advisory Committee received more than 280 responses from the community, and 28 residents volunteered to serve on the advisory committee. Mayor Melnick shared that at the Special City Council Meeting in February it was decided that no action was going to be taken on former Councilmember Mote’s seat. She added that she cares about all of the citizens of Big Bear Lake, and although the seat may be vacant she assured the residents that they are all represented.

ADJOURNMENT
There being no further business to come before the City Council at this Open Session, Mayor Melnick adjourned the meeting at 5:39 p.m.

Erica Stephenson, City Clerk
-
Regular Meeting Minutes – July 10, 2024
A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Melnick at 4:30 p.m., Wednesday, July 10, 2024, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Herrick
Invocation: Invocation was led by Rabbi Zalman Bernstein from the Chabad of Lake Arrowhead and Big Bear
Councilmembers Present: Mayor Perri Melnick
Mayor Pro Tem Kendi Segovia
Councilmember Rick Herrick
Councilmember Randall Putz
Others Present: Erik Sund, City Manager
Stephen P. Deitsch, City Attorney
Erica Stephenson, City Clerk
Rachel Bowman, Administrative Services Manager

CLOSED SESSION PUBLIC COMMUNICATIONS
Tom Sitton, Big Bear Lake business owner, expressed concerns related to City spending; he provided his opinion that the City Council agenda needs to be simplified.

Tim Wolcott, Big Bear Lake business owner, shared his belief that the City should focus more on the needs of locals and less on the needs of tourists; he also stated that City streets need to be repaired.

Dan Gulbranson, Big Bear Lake resident, expressed his dissatisfaction with the City of Big Bear Lake’s operating procedures and property acquisitions.

At the hour of 4:11 p.m., City Council recessed to Closed Session.

At the hour of 5:04 p.m., Mayor Melnick resumed Open Session.

PRESENTATIONS
 Presentation from Evan Rayner, Bear Valley Community Healthcare District Chief Executive Officer regarding the hospital parcel assessment renewal.
 Presentation to Jared Cheek, Public Works Manager, recognizing his 26 years of dedicated City service and wishing him well on his future endeavors.

Item 1.3

Meeting Minutes
July 10, 2024

RESULTS OF CLOSED SESSION
City Attorney Stephen P. Deitsch, announced that the City Council discussed the following items in Closed Session and no reportable action was taken by the City Council.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Gov. Code Section 54956.8 Property: 42139 Big Bear Boulevard, APN:2328-191-19
Link to Google Map: https://maps.app.goo.gl/ohM6YPjjDDmPm6uP7 City Negotiator: City Manager Erik Sund
Negotiating Party: Wayne and Belinda Evans, Bear Country Quilts & Gifts Under Negotiation: Price & Terms of Payment
No reportable action.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Gov. Code Section 54956.8 Property: 40752 Beaver Lane: 0 Beaver Lane, APN:0307-111-06 & APN: 0308-162-46 Link to Google Map: https://maps.app.goo.gl/HdeexMdvTbQ1wU2cA City Negotiator: City Manager Erik Sund
Negotiating Party: Mr. & Mrs. Gonzalez, Reygon Properties, LLC Under Negotiation: Price & Terms of Payment
No reportable action.

OPEN SESSION PUBLIC COMMUNICATIONS
Tim Wolcott, Big Bear Lake business owner, voiced his frustrations related to Caltrans and the Bartlett Public Parking Lot restrooms.

Beth Wheat, Big Bear Lake resident, thanked everyone for supporting the Big Bear Theatre Project and highlighted efforts to support local arts and culture tourism with their upcoming events.

Ingrid Olsen, Big Bear Lake resident, detailed her dissatisfaction related to the Big Bear Disposal trash cart rollout and her frustrations with the City’s documentation related to this new program.

Rick Snow, Big Bear Lake business owner, provided an update on the Big Bear Lake Voter Coalition efforts and voiced his concerns about the City.

Dan Gulbranson, Big Bear Lake resident, voiced his opinion and frustration with the City staff and City Councilmembers.

Jim Eakin, Big Bear Lake resident, announced that he is running for City Council in District 1 and provided information about his current community volunteer efforts.

1. CONSENT CALENDAR
A motion was made by Councilmember Herrick, seconded by Councilmember Putz, to approve the Consent Calendar as follows:

1.1 APPROVE DEMANDS – CHECK ISSUE DATE 06/01/24 THROUGH 06/30/24 IN THE AMOUNT OF $1,224,051.66 AND THE MAY 2024 TREASURER’S REPORT Approved.

Meeting Minutes
July 10, 2024
The Consent Calendar was approved by the following vote:

AYES: Segovia, Putz, Herrick, Melnick
NOES: None
ABSTAIN: None
ABSENT: None

ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

2. DISCUSSION/ACTION ITEMS

2.1 AWARD A CONSTRUCTION CONTRACT – SUMMIT BOULEVARD

REHABILITATION PROJECT
Sean Sullivan, Assistant Manager, made a staff presentation for this item.

After the presentation and City Council questions, Mayor Melnick invited up speakers who wanted to speak on this item. The following individuals approached the City Council:

Edgar Alaniz, Big Bear Lake business owner, inquired about the overall project costs proposed for the Summit Blvd. Rehabilitation project.

Dan Gulbranson, Big Bear Lake resident, questioned the City’s capital project bid and contractor selection process; inquired about the project’s funding.

Rusty Barnes, Big Bear Lake resident, expressed his support for the project and asked if the project stops at Big Bear Blvd.; stated he would like stop signs installed on Garstin Dr.

Following public comment, a motion was made by Councilmember Herrick, seconded by Mayor Pro Tem Segovia, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2024-40
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO S. PORTER, INC., APPROVING A TASK ORDER WITH MERRELL-JOHNSON COMPANIES,

AND A BUDGET APPROPRIATION TO COMPLETE THE SUMMIT

BOULEVARD REHABILITATION PROJECT
Said motion was approved by the following vote:

AYES: Putz, Herrick, Segovia, Melnick
NOES: None
ABSTAIN: None
ABSENT: None

Meeting Minutes
July 10, 2024

2.2 AWARD A CONSTRUCTION CONTRACT – CASTLE ROCK TRAILHEAD PARKING

LOT PROJECT
Sean Sullivan, Assistant Manager, made a staff presentation for this item.

After the presentation and City Council questions, Mayor Melnick invited up speakers who wanted to speak on this item. The following individuals approached the City Council:

Edgar Alaniz, Big Bear Lake business owner, inquired about the overall project costs proposed for the Castle Rock Trailhead Parking Lot project.

Dan Gulbranson, Big Bear Lake resident, questioned the City’s bid process, and inquired about the cost and funding of this project.

Michael Beveridge, Big Bear Lake resident, expressed support for the project; suggested that the local ski resort should contribute to the cost of street maintenance for roads located around the resorts.

Following additional staff comments, a motion was made by Councilmember Putz, seconded by Councilmember Herrick, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2024-41
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO S. PORTER, INC.,

APPROVING A TASK ORDER WITH MERRELL-JOHNSON COMPANIES,

APPROVING AN AGREEMENT FOR CONSTRCUTION ACCESS AND MAINTENANCE

OF PUBLIC IMPROVEMENTS, AND APPROVING A BUDGET APPROPRIATION TO

COMPLETE THE CASTLE ROCK TRAILHEAD PARKING LOT PROJECT
Said motion was approved by the following vote:

AYES: Herrick, Segovia, Putz, Melnick
NOES: None
ABSTAIN: None
ABSENT: None

2.3 SMALL BUSINESS FAÇADE IMPROVEMENT PROGRAM
Kelly Tinker, Economic Development Manager, made a staff presentation for this item.

After the presentation and City Council questions, Mayor Melnick invited up speakers who wanted to speak on this item. The following individuals approached the City Council:

Edgar Alaniz, Big Bear Lake business owner, reminded the public that City Hall isn’t a business; expressed his disappointment over the City’s denial of painting a mural on the outside of his restaurant.

Jeff Holoubek, Big Bear Lake resident, expressed his concern about the lack of standards needed for a business to qualify for this program’s funding and added that the program needs to define a clear criteria required for grant approval.

Meeting Minutes
July 10, 2024
Dan Gulbranson, Big Bear Lake resident, expressed his frustration with the City’s operations and indicated more needs to be done to fix local potholes.

Following City Council’s further discussion, a motion was made by Mayor Pro Tem Segovia, seconded by Councilmember Putz, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2024-42

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL

DOCUMENTS REQUIRED FOR IMPLMENTATION OF THE BIG BEAR LAKE SMALL BUSINESS FAÇADE IMPORVEMENT PROGRAM
Said motion was approved by the following vote:

AYES: Herrick, Putz, Segovia, Melnick
NOES: None
ABSTAIN: None
ABSENT: None

2.4 VACANT PROPERTY IMPROVEMENT PROGRAM
Kelly Tinker, Economic Development Manager, made a staff presentation for this item.

After the presentation and City Council questions, Mayor Melnick invited up speakers who wanted to speak on this item. The following individuals approached the City Council:

Jeff Holoubek, Big Bear Lake resident, shared that he believes this is a legitimate problem, however, he added that California laws make the demolition of a building very expensive; he recommends tabling the program for now to allow for continued discussions.

Alaine Uthus, Big Bear resident, agreed the program would enhance the esthetic and safety of community, however, she questioned the proposed program provisions; she also expressed concerns that the program may infringe on property rights.

Dan Gulbranson, Big Bear Lake resident, expressed concern with the vacation rental citations; questioned the City’s funding for this proposed program.

Michael Beveridge, Big Bear Lake resident, stated that this is a property rights issue; explained that older cabins can be repaired; questioned if City employees would be qualified to identify properties that are in deteriorating condition.

Rick Snow, Big Bear Lake business owner, shared that he agreed with the statements made by the previous commentors; stated he thinks City regulations need to be relaxed.

Cindy Dupre, Big Bear Lake business owner, expressed concerns regarding the City’s current code enforcement Division.

Edgar Alaniz, Big Bear Lake business owner requested for the program to be presented to the Planning Commission for their input prior to the City Council considering this proposed program.

Meeting Minutes
July 10, 2024
Following City Council’s further discussion, and failed motion due to lack of a second, a motion was made by Councilmember Putz, seconded by Mayor Pro Tem Segovia, directing staff to try to work with derelict property owners first in an effort to attain voluntary compliance, then if unsuccessful, staff should enforce applicable Building Codes and the City’s Municipal Code to gain compliance regarding derelict properties.

Said motion was approved by the following vote:

AYES: Segovia, Putz, Melnick
NOES: Herrick
ABSTAIN: None
ABSENT: None

2.5 REAL PROPERTY PURCHASE – 42139 BIG BEAR BOULEVARD
Kelly Tinker, Economic Development Manager, made a staff presentation for this item.

After the presentation, Mayor Melnick invited up speakers who wanted to speak on this item. The following individuals approached the City Council:

Dan Gulbranson, Big Bear Lake resident, shared his frustration about this proposed purchase and questioned the City’s plans for the current building located on this property.

Rusty Barnes, Big Bear Lake resident, stated that he is opposed to the City’s proposed purchase of this property.

Following City Council’s further discussion, a motion was made by Councilmember Putz, seconded by Councilmember Herrick, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2024-43

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL

DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE TRANSACTION,

CONVEYING TO THE CITY OF BIG BEAR LAKE THAT CERTAIN REAL PROPERTY LOCATED AT 42139 BIG BEAR BOULEVARD, PARCEL NO. 2328-191-19; AUTHORIZING A FISCAL YEAR 2024-25 BUDGET APPROPRIATION; AND FINDING

THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Said motion was approved by the following vote:

AYES: Segovia, Herrick, Putz, Melnick
NOES: None
ABSTAIN: None
ABSENT: None

2.6 REAL PROPERTY PURCHASE – 40752 BEAVER LANE; 0 BEAVER LANE Kelly Tinker, Economic Development Manager, made a staff presentation for this item.

After the presentation, Mayor Melnick invited up speakers who wanted to speak on this item. The following individual approached the City Council:

Meeting Minutes
July 10, 2024
Dan Gulbranson, Big Bear Lake resident, voiced his frustrations related to the City’s leadership and recent property acquisitions.

Following City Council’s further discussion, a motion was made by Councilmember Herrick, seconded by Mayor Pro Tem Segovia, to approve staff’s recommendation and adopt the following resolution entitled:

RESOLUTION NO. 2024-44

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL

DOCUMENTS NECESSARY TO CONSUMMATE THE PURCHASE TRANSACTION,

CONVEYING TO THE CITY OF BIG BEAR LAKE THAT CERTAIN REAL PROPERTY LOCATED AT 40752 BEAVER LANE AND 0 BEAVER LANE, PARCEL NUMBERS 0308-163-50 AND 0308-162-46; AUTHORIZING A FISCAL YEAR 2024-25 BUDGET APPROPRIATION; AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Said motion was approved by the following vote:

AYES: Putz, Segovia, Herrick, Melnick
NOES: None
ABSTAIN: None
ABSENT: None

3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
City Clerk Erica Stephenson announced that at the upcoming November 5, 2024 election, City Council seats will be open for District 1 and District 5. She encouraged residents in District 1 or District 5 who are interested in running for City Council to contact the office of the City Clerk.

City Manager Erik Sund shared that the City is receiving information that some second home owners aren’t consistently following local trash can regulations. The current areas of concern the City is focusing on addressing is in the upper Moonridge and Boulder Bay areas. City Manager Erik Sund announced that the Summer Concert series successfully kicked off with Young Guns.

He further stated that the next concert is Saturday, July 27th with a Bruno Mars tribute band. He then thanked the Sheriff’s Department for managing traffic during 4th of July.  COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Herrick announced some highlights from a recent SBCTA meeting, including the approval of a $1.1 billion dollar budget for this fiscal year. Councilmember Herrick also shared that the Rathbun Creek underpass can’t handle the 100 year flood water and must be reimagined. He also provided an update on the last BBARWA meeting he attended.

Mayor Pro Tem Segovia thanked City Manager Sund and Assistant City Manager Sullivan for providing her a helpful overview of the Replenish Big Bear project. Mayor Pro Tem Segovia shared that her and Mayor Melnick had an open and productive conversation with nine women who had expressed concerns at a recent City Council meeting. She stated that she appreciated the women for taking the time to voice their concerns and for meeting with her and the Mayor.

Meeting Minutes
July 10, 2024
Mayor Melnick further commented on that meeting and was pleased to report about the constructive and honest conversation they had with the nine concerned female citizens. She stated that the recent concert was a great community event and announced that the ground breaking for the new Mountain Transit facility will be held on, July 15.

ADJOURNMENT
There being no further business to come before the City Council at this Open Session, Mayor Melnick adjourned the meeting at 8:25 p.m.
________________________
Erica Stephenson, City Clerk
Regular Meeting Minutes – October 9, 2024
A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Melnick at 3:30 p.m., Wednesday, October 9, 2024, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.

OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Putz
Invocation: A moment of silence was led by Mayor Melnick Councilmembers Present: Mayor Perri Melnick
Mayor Pro Tem Kendi Segovia
Councilmember Randall Putz
Councilmembers Absent: Councilmember Rick Herrick
Others Present: Erik Sund, City Manager
Stephen P. Deitsch, City Attorney
Erica Stephenson, City Clerk
Rachel Bowman, Administrative Services Manager

CLOSED SESSION PUBLIC COMMUNICATIONS
Dan Gulbranson, Big Bear Lake resident, expressed concerns related to the City’s litigation costs and questioned why some of the Closed Session items were agendized.

At the hour of 3:34 p.m., City Council recessed to Closed Session.

At the hour of 5:00 p.m., Mayor Melnick resumed Open Session.

PRESENTATIONS
• Sheriff Captain Kelly Craig and Assistant Fire Chief Luke Wagner provided an update on the Line Fire.
• Presentation of a 20-year Employee Service Award to Socorro Negrete, Street Maintenance Worker III.
• Presentation of a Proclamation Recognizing October 6 through October 12 as Code Compliance and Neighborhood Preservation Officer Appreciation Week. • Presentation of a 5-year Employee Service Award to Carlos Navarro, Neighborhood Preservation Officer I.
• Presentation from Kelly Tinker, Economic Development Manger providing an update on the Local Business Façade Improvement Program.

Item 1.4

Meeting Minutes
October 9, 2024

RESULTS OF CLOSED SESSION
City Attorney Stephen P. Deitsch, declared that the City Council discussed the following items in Closed Session and announced that for Item 1 the City Council approved a settlement agreement reimbursing Mr. Hick’s $23,500 for his attorney fees, and he further stated that no reportable action was taken by the City Council on Items 2, 3 & 4.

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Gov. Code Section 54956.9 (d)(1)
Name of Case: Charles Hicks, Jr. vs. City of Big Bear Lake Court & Case No: San Bernardino County Superior Court, Case No. CIVSB2423690 City Council approved a settlement agreement reimbursing Mr. Hicks $23,500 for his attorney fees.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIAPTED LITIGATION pursuant to Gov.

Code Section 54956.9 (d)(2)
One (1) Case
No reportable action.

3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Gov. Code Section 54957 Title of Position: City Manager
No reportable action.

4. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Gov. Code Section 54957.6 Agency designated representatives: Mayor Perri Melnick and City Attorney Stephen Deitsch Unrepresented employee: City Manager Erik Sund
No reportable action.

OPEN SESSION PUBLIC COMMUNICATIONS
Dan Gulbranson, Big Bear Lake resident, voiced his frustrations related to the City Council and expressed concerns about the Summit Blvd. and Rathbun Creek projects.

Jim Eakin, Big Bear Lake resident, shared that he is a City Council District 1 write-in candidate; provided information related to his volunteer efforts and relevant past experience.

Jeff Holoubek, Big Bear Lake resident, voiced his opinion about proposed changes to the City’s Development Code and related property owner notification requirements.

Bobbi Hazelton, Big Bear City resident, provided San Bernardino County ballot drop box information and requested video surveillance cameras be installed to monitor ballot drop boxes located in Big Bear Lake.

Jeannine Sitton, Big Bear Lake business owner, expressed concerns about road closures and event scheduling during weekends, holidays and peak seasons; she seeks to prevent unauthorized vendors from selling products in the Village and requests related Code Compliance support.

Jeff Reyes, Big Bear Lake resident, shared that it’s difficult to operate a local business when there are road closures that affect tourism and added that road closures negatively impact business.

Meeting Minutes
October 9, 2024
Emily Hodder, Big Bear Lake resident, shared that road closures cause a disruption to tourism and negatively impact local business and employment.

Tom Sitton, Big Bear Lake business owner, stated his frustration with the City’s code enforcement, Village street vendors, road closures and the annual car show held in the Village.

Mike Rotman, Big Bear Lake resident, encouraged all to attend upcoming events including Tesla, and the Big Bear Plein Air Arts Festival sponsored by The Big Bear Theatre Project.

1. CONSENT CALENDAR
A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Segovia to approve the Consent Calendar as follows:

1.1 APPROVE DEMANDS – CHECK ISSUE DATE 08/03/24 THROUGH 08/28/24 IN THE AMOUNT OF $1,374,459.16 AND THE JULY 2024 TREASURER’S REPORT
Approved.

1.2 APPROVE DEMANDS – CHECK ISSUE DATE 08/29/24 THROUGH 09/30/24 IN THE AMOUNT OF $2,614,231.36 AND THE AUGUST 2024 TREASURER’S REPORT Approved.

1.3 APPROVE MEETING MINUTES FROM THE AUGUST 14, 2024 REGULAR MEETING

OF CITY COUNCIL
Approved.

1.4 APPROVE THE 2025 CITY COUNCIL MEETING CALENDAR
Approved.

1.5 ADOPT AMENDMENTS TO THE CITY’S CONFLICT OF INTEREST CODE Approved and adopted the following resolution entitled:

RESOLUTION NO. 2024-52

RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO
THE CITY’S CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974

1.6 APPROVE THE ANNUAL CARRYOVER OF APPROPRIATIONS
Approved and adopted the following resolution entitled:

RESOLUTION NO. 2024-53

RESOLUTION APPROVING THE CARRYOVER OF APPROPRIATIONS
FROM FISCAL YEAR 2023-24 TO FISCAL YEAR 2024-25

Meeting Minutes
October 9, 2024

1.7 AUTHORIZE A LETTER OF INTEREST TO PARTICIPATE IN THE SAN

BERNARDINO REGIONAL HOUSING TRUST
Approved.

1.8 AUTHORIZE A NOTICE OF COMPLETION FOR CITYWIDE STREET SWEEPING

SERVICES
Approved.

1.9 AUTHORIZE RENTAL AGREEMENTS, PURCHASE ORDERS AND ON-CALL AGREEMENTS RELATED TO SNOW REMOVAL OPERATIONS FOR THE 2024-25

WINTER SEASON
Approved and adopted the following resolution entitled:

RESOLUTION NO. 2024-54

RESOLUTION AUTHORIZING RENTAL AGREEMENTS, PURCHASE ORDERS,

AND ON-CALL AGREEMENTS RELATED TO SNOW REMOVAL
OPERATIONS FOR THE 2024-25 WINTER SEASON

1.10 APPROVE PURCHASE OF PUBLIC WORKS EQUIPMENT
Approved and adopted the following resolution entitled:

RESOLUTION NO. 2024-55

RESOLUTION APPROVING PURCHASE ORDERS FOR

PUBLIC WORKS EQUIPMENT

1.11 APPROVE RESOLUTIONS OF SUPPORT FOR LEGISLATIVE ITEMS Approved and adopted the following resolutions entitled:

RESOLUTION NO. 2024-56
RESOLUTION APPROVING SUPPORT FOR PROPOSITION 4: THE SAFE

DRINKING WATER, WILDFIRE PREVENTION, DROUGHT
PREPARDENSS, AND CLEAN AIR BOND ACT OF 2024
&
RESOLUTION NO. 2024-57
RESOLUTION APPROVING SUPPORT FOR PROPOSITION 36:

THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT

Meeting Minutes
October 9, 2024
The Consent Calendar was approved by the following vote:

AYES: Segovia, Putz, Melnick
NOES: None
ABSTAIN: None
ABSENT: Herrick

ITEMS REMOVED FROM THE CONSENT CALENDAR
None.

2. PUBLIC HEARING

2.1 ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2023-068 TO

REMOVE FUTURE CERTAIN COMMERCIAL LAND USES AND LIMIT

DEVELOPMENT OF SINGLE-FAMILY DETACHED DWELLING UNITS IN THE R-3 (MULTIPLE FAMILY) ZONE DISTRICT CITYWIDE
Andrew Mellon, Community Development Manager, made a staff presentation for this item.

At the hour of 6:22 p.m., Mayor Melnick opened the Public Hearing, and the following individuals approached the City Council:

Jeff Holoubek, Big Bear Lake resident, raised concerns about this proposed ordinance and suggested including a “grandfather clause” to protect existing property owners; recommended the proposed ordinance be placed on a future Planning Commission agenda with a mandate to provide a notice to stakeholders.

Alaine Uthus, Big Bear resident, stated the Big Bear Association of Realtors supports this R-3 Zoning initiative and believes it’s a vital step to sustainable development, affordable housing and community growth.

Chuck Hick, Big Bear Lake resident, questioned why the City Council was rushing to adopt this proposed ordinance, since the City of Big Bear Lake is a charter City; requested the City Council consider the negative impacts this proposed ordinance could have on the existing property owners in the event of a property fire.

Dan Gulbranson, Big Bear Lake resident, shared his disappointment with the proposed ordinance and various government mandates.

Michael Beveridge, Big Bear Lake resident, voiced his opinion and provided information about the affordable housing mandates imposed by the State of California.

At the hour of 6:35 p.m., Mayor Melnick closed the Public Hearing.

Following the City Council’s further discussion and failed motions, a motion was made by Mayor Melnick, seconded by Councilmember Putz, to continue the City Council’s first reading of this Ordinance and to allow for further City Council discussion of this item at the November 13, 2024 Regular City Council Meeting.

Meeting Minutes
October 9, 2024
Said motion was approved by the following vote:

AYES: Putz, Segovia, Melnick
NOES: None
ABSTAIN: None
ABSENT: Herrick

3. COMMENTS, ANNOUNCEMENTS, & ADDITIONAL CITY BUSINESS
• CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
City Clerk Erica Stephenson announced that the General Election will be held on Tuesday, November 5. She further stated that the Registrar of Voters has 30 days to canvas the votes and release the Statement of Results. Therefore, since the Council-elect will be unknown until December 5, she announced that the City plans to hold a Special Meeting on December 11 to allow the Council and Council-elect an opportunity to express their interest in becoming the Mayor or Mayor Pro Tem and participating in various committees/agencies.

City Manager Erik Sund shared that Caltrans will be working on the Little Artic Circle (Hwy 18) next week which will make it unavailable for pass through traffic, with the exception of the area’s residents. He also announced that Halloween in the Village will be held on Thursday, October 31st and the festivities include trick-or-treating and a concert. • COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Putz (seconded by Mayor Melnick) requested to revisit the City Council’s Rules of Order and the City Council Residency Ordinance requirements during the first quarter of the new year. Councilmember Putz provided an update on the September 20th meeting of the League of California Cities Desert Mountain Division. He also announced that he was elected as the Desert Mountain Division representative to the state board of the League of California Cities.

ADJOURNMENT
There being no further business to come before the City Council at this Open Session, Mayor Melnick adjourned the meeting at 7:46 p.m.
_______________________
Erica Stephenson, City Clerk

MEETING
DATE: November 13, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, Assistant City Manager/City Clerk Monica M. Molina-Connolly, Executive Assistant
SUBJECT: Adopt an Amendment to the City’s Records Retention Schedule

BACKGROUND & DISCUSSION
State law permits cities to destroy records older than two years, if the records are not otherwise subject to a longer retention period as provided by law, policy, regulation, or the City’s Record Retention Schedule. Specifically, Government Code section 34090 permits the City to destroy these records, with the approval of the City Council. For the purposes of records retention, email is considered general correspondence. The City’s Records Retention Schedule, last adopted in 2015, does not specifically identify email as correspondence, or specifically mention email at all, causing confusion over the proper legal retention. City staff have retained emails subject to a retention period longer than two years and the remaining emails have surpassed the legal retention requirements.

Amending the City’s Records Retention Schedule to officially classify email as Correspondence with a two year retention will allow the routine destruction of emails in accordance with Government Code section 34090. Emails otherwise subject to a longer retention period as provided by law, policy, regulation, or litigation will be retained until they are no longer needed, and will not be destroyed routinely after two years.

FISCAL IMPACT
There is no fiscal impact associated with adopting this proposed resolution.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under California Environmental Quality Act (CEQA).

RECOMMENDED ACTION
It is recommend that the City Council adopt a Resolution Amending the City’s Records Retention Schedule and Authorizing the Destruction of Emails Pursuant to Government Code Section 34090.

ATTACHMENT
Resolution 2024-XX
Item 1.5
RESOLUTION NO. 2024-XX
RESOLUTION AMENDING THE CITY’S RECORD RETENTION SCHEDULE

AND AUTHORIZING THE DESTRUCTION OF EMAILS PURSUANT TO
GOVERNMENT CODE SECTION 34090
WHEREAS, the City of Big Bear Lake retains all emails for two years, pursuant to Section 34090 of the Government Code of the State of California, which requires the retention of City records for a minimum of two years; and,
WHEREAS, emails not otherwise subject to a retention period longer than two years as provided by law, policy, regulation, or the City’s Records Retention Schedule obstruct the effective and efficient operation of City governance; and,
WHEREAS, in some cases, email have been unnecessarily retained on the system without the periodic review and upkeep contemplated by the City’s Records Retention Schedule; and, WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby City records may be destroyed; and,
WHEREAS, consistent with City policy, the City received written consent from the City Attorney in accordance with Section 34090 of the Government Code of the State of California to destroy emails not otherwise subject to a longer retention period as provided by law, policy, regulation, or the City’s Records Retention Schedule.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake, that:

1. Records Retention No. CW-025, “Correspondence – ROUTINE”, as found on the City’s Records Retention Schedule adopted by Resolution No. 2015-28 is hereby amended to read “e.g.

Administrative, Chronological, Email, General Files, Letters, Memorandums, Reading Files, Working Files, etc.”

2. Emails not otherwise subject to a longer retention period as provided by law, policy, regulation, or the City’s Records Retention Schedule may be destroyed on an ongoing basis after two years from when the emails were sent or received.

3. The destruction of emails shall completely destroy the record without permitting any duplicates.

4. The City Manager shall determine the intervals of email deletion.

5. The provisions of Section 1 above do not authorize the destruction of a) Records affecting the title to real property or liens thereon. b) Court records.
c) Records required to be kept by statue.
d) Records less than two years old.

Item 1.5
Attachment 1
e) The minutes, ordinances, or resolutions of the legislative body or city board or commission.

6. This resolution shall supersede any other City policy governing email retention.

7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 13th day of November, 2024.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is four; that the foregoing resolution, being Resolution No. 2024-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 13th day of November, 2024 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk

MEETING
DATE: November 13, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Israel Gomez Rosales, Associate Engineer
SUBJECT: Authorize Notices of Completion for Fiscal Year 2024-25 Capital Improvement Projects

BACKGROUND & DISCUSSION
Work has been completed on additional Capital Improvement Projects (CIP) that have been undertaken by the Public Works Department for Fiscal Year 2024-25. The time is appropriate for the City Council to accept the work as complete and direct the filing of Notices of Completion. • 2024 Citywide Line Striping Project
Contractor: WGJ Enterprises DBA PCI
Date of Completion: October 15, 2024
Approved Contact Amount: $166,282.60 (Includes $15,000 contingency) Total Project Expenditures: $151,282.60
• Sealcoating of Trails Project
Contractor: Pavement Coatings Co.

Date of Completion: October 17, 2024
Approved Contract Amount: $230,526.77 (Includes $20,000 contingency) Total Project Expenditures: $210,526.77
Upon approval by the City Council, staff will proceed to record the Notices of Completion with the San Bernardino County Recorder’s Office. No sooner than thirty-five (35) days from the recording, staff will release all project retention funds assuming that no claims are made against the contractor related to these projects. For each of these projects, retention funds are 5% of the total project billing.

FISCAL IMPACT
These projects were all funded and included within the adopted Fiscal Year 2024-25 Capital Improvement Program Budget. The adopted budget for the 2024 Citywide Line Striping Project was $166,282.60 and the total expenditures were $151,282.60. The adopted budget for the Sealcoating of Trails Project was $230,526.77 and the total expenditures were $210,526.77. All unexpended funds will be returned to the appropriate fund balance.

Item 1.6

ENVIRONMENTAL CONSIDERATIONS
At the time of authorizing the bid solicitation, the City Council found these projects to all be categorically exempt from the California Environmental Quality Act (CEQA).

CONSIDERATION OF STRATEGIC PRIORITIES
This recommended action aligns with Strategic Priority No. 1 to “support and invest in sustainable infrastructure projects and programs consistent with the needs of our community”.

RECOMMENDED ACTION
It is recommended that the City Council accept the work of WGJ Enterprises DBA PCI and Pavement Coatings Co. as complete, and authorize staff to file Notices of Completion for the 2024 Citywide Line Striping Project and the Sealcoating of Trails Project.

ATTACHMENTS

1. Agenda Report for Award of Contract for the 2024 Citywide Line Striping Project (March 13, 2024)

2. Agenda Report for Award of Contract for the Sealcoating of Trails Project (August14, 2024)

3. Notices of Completion

MEETING
DATE: March 13, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Jared Cheek, Public Works Manager, Capital Projects/Emergency Operations Israel Gomez Rosales, Associate Civil Engineer
SUBJECT: Resolution Awarding a Construction Contract to WGJ Enterprises DBA PCI for the 2024 Citywide Line Striping Project

BACKGROUND
The City of Big Bear Lake is responsible for the maintenance and operation of approximately 88 centerline miles of streets. The annual Capital Improvement Program (CIP) budget includes funding for street maintenance and repair activities, including street striping. The current Fiscal Year 2023-24 budget, as well as the proposed Fiscal Year 2024-25 budget, include sufficient funding to stripe City streets twice annually.

Similar to last year’s project, staff has conducted a bid solicitation for striping work to be completed during both the Spring and Fall of 2024 under one contract. Performing this work twice per year will maintain visibility of roadway markings throughout the year, contributing to the safety of motorists and pedestrians.

DISCUSSION
Street Striping is a critical activity managed by the Public Works Department as a part of the annual street maintenance activities. As the winter weather and related activities degrade the street striping, it is critical that the lines and markings are updated regularly to ensure the safety of motorists. Staff has conducted a public bid to identify a striping contractor to perform work this Spring and again in Fall.

The scope of work for the Spring effort includes painting of all lane lines, crosswalks, and roadway legends throughout the City. The proposed scope of work for the Fall would be the retouching of the lane lines to ensure their maximum visibility going into the winter season.

On February 14, 2014, the City Council authorized staff to conduct a bid solicitation for this project in accordance with the City’s purchasing guidelines. On March 6, 2024, staff received, publicly opened, and read aloud four (4) bids with the following results:

Item 1.6
Attachment 1
Bidder Location Total Bid Price
WGJ Enterprises DBA PCI Azusa, CA $151,282.60
Superior Pavement Markings, Inc. Cypress, CA $174,971.00 Cat Tracking, Inc. Riverside, CA $187,848.55
Chrisp Company Bloomington, CA $217,243.40
Staff has reviewed the bids received for completeness and accuracy and the contractors’ backgrounds for qualifications and experience. PCI is an experienced striping contractor with a demonstrated history of satisfactory completion of similar projects. The contractor has provided trade references of both public and private customers.

The base bid price for this project is $151,282.60. The bid also included an additive alternate item to complete the striping of share the road markings. The price received for the additive alternate work was $89,550, which would exceed the available budgeted funds. As such, staff is not recommending the award of the additive alternate scope of work and, instead, Public Works staff will coordinate the painting of share the road markings as a part of our seasonal maintenance plans.

The bid specifications for this project indicate the timing on which this work shall be completed as there are two phases to the project. This award of contact includes both phases. For the Spring striping phase, it shall be completed by June 30, 2024. The fall striping shall be completed between September 11 and October 13. The exact schedule for the Spring phase of work will be better refined as the winter weather cycles out and accumulated snow is melted. The work will be further coordinated to commence once the necessary street sweeping activities have been completed to further ensure a proper application of the roadway paint.

FISCAL IMPACT
The base bid price received for this work is $151,282.60. Staff is requesting an additional contingency fund of $15,000 (approximately 10%) to address any unforeseen conditions or additional work that may arise during the completion of this project. Sufficient funding for this project is available within the adopted Fiscal Year 2023-24 Capital Improvement Program (CIP) budget and is also considered within the proposed Fiscal Year 2024-25 CIP budget.

ENVIRONMENTAL CONSIDERATIONS
At the time that the City Council authorized the bid solicitation for this project, the project was found to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to section 15301.c Existing Facilities as maintenance of existing highways and streets.

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to Cat Tracking, Inc. for the 2024 Citywide Line Striping Project.

ATTACHMENTS

1. Resolution No. 2024-XX

MEETING
DATE: August 14, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Israel Gomez Rosales, Associate Civil Engineer
SUBJECT: Award of Contract – Sealcoating of Trails Project

BACKGROUND & DISCUSSION
Over the past eight (8) years, the City of Big Bear Lake has constructed multiple trails to serve the pedestrian and bicycle communities within the City. These trails include the Happy Hills Trail, the Knickerbocker Creek Trail, the Alpine Pedal Path Rathbun Creek Extension, two (2) phases of the Rathbun Creek Trail, and the Stanfield Marsh Outdoor Recreation and Education (SMORE) Trail Phase I. Most of these trails, with the exception of the Rathbun Creek Trail Phase III, were constructed with asphalt concrete paving. Appropriate maintenance treatments for asphalt concrete pavement includes crack sealing and the application of sealcoating, which is a tar based sealant applied over the existing asphalt to protect against elemental damage, such as water intrusion and U.V. impacts. The application of sealcoating will provide a renewed appearance of the surfaces and extend the useful life of the surface pavement. This is a critical maintenance activity to protect the extensive investment that the City has made in the construction of trails over the recent years.

Staff developed a project that will crack seal and apply a Type I slurry coating to all of the asphalt sections along the above identified trail sections. The crack sealing material will be applied first and it serves to fill cracks and prevent water intrusion into the pavement. The surface will then be sealed with a Type I slurry to further protect the pavement sections and rejuvenate the appearance of trails. For trails that have existing line striping, the striping will then be replaced. The total project area is approximately 142,000 square feet of surface area.

On June 12, 2024, the City Council authorized staff to solicit bids for this project. Staff proceeded with the public bid process in accordance with the California Public Contract Code and the City of Big Bear Lake purchasing guidelines. The project was advertised twice in the Big Bear Grizzly and posted on the City’s website and PlanetBids. On Thursday, August 1, 2024, the City received, publicly opened, and read aloud three (3) sealed bids with the following results:

Company Location Base Bid
Pavement Coatings Company Jurupa Valley, CA $210,526.77 VSS International, Inc. West Sacramento, CA $287,120.00 Bear Valley Paving Big Bear Lake, CA $390,396.00
Staff reviewed the bids received for completeness and accuracy and has determined that Pavement Item 1.6
Attachment 2
Coatings Company is the lowest responsive bidder for this project. Pavement Coatings Company is a well experienced and qualified contractor in asphalt maintenance and coating services and has provided an extensive list of completed projects for a number of public agencies. Some of their reference agencies include the County of Los Angeles, the County of Ventura, and a number of Cities including Irvine, Ontario, and Victorville. Their references indicate satisfactory completion of all of their projects.

In addition to the base bid amount of $210,526.77 staff is seeking the authorization of an additional contingency amount of $20,000 (approximately 10%) to cover the cost of any unforeseen conditions or additional work that becomes necessary throughout the course of this project.

Staff is coordinating the scheduling of work with the contractor and the project duration is anticipated to be approximately four (4) weeks once work commences. This effort will require temporary closures of the trails while the work is taking place and while the treatment cures. These closures will be posted on the effected trails and be communicated to the public through the City’s typical communications methods.

FISCAL IMPACT
The total award amount for this contract is $230,526.77, which includes the base bid amount of $210,526.77 and contingency funds of $20,000. Funding for this project is available in the approved Fiscal Year 2024-25 Operating Budget, in the City Parks and Trails Section, in the amount of $100,000. Funding for this project was programmed from the City’s General Fund. Staff is requesting an additional appropriation of $130,600 from the General Fund to fulfill the necessary budget for this project.

ENVIRONMENTAL CONSIDERATIONS
At the time of authorizing the bid solicitation, the City Council found this project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.C as the operation, repair and maintenance of existing bicycle and pedestrian trails.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council's Strategic Priority Number 1 as it “supports and invests in sustainable infrastructure projects and programs”.

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to Pavement Coatings Company for the Sealcoating of Trails Project and Authorizing a Budget Appropriation to Complete the Project.

ATTACHMENTS

1. Resolution No. 2024-XX
RECORDING REQUESTED BY:

City of Big Bear Lake
WHEN RECORDED, PLEASE MAIL TO:

City of Big Bear Lake
City Clerk
PO Box 10000
Big Bear Lake, CA 92315
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or agent of the OWNER of the interest or estate state below in the property hereinafter described:

The FULL NAME of the OWNER is: CITY OF BIG BEAR LAKE
The FULL ADDRESS OF THE owner is: 39707 BIG BEAR BOULEVARD, PO BOX 10000, BIG BEAR LAKE, CA 92315
The NATURE of the INTEREST or ESTATE of the undersigned is: agent of the owner that constructed the improvements.

The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

NAME(S) ADDRESS(ES)
The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

NAME(S) ADDRESS(ES)
A work of improvement on the property hereinafter described was completed on: October 15, 2024 The work of improvement completed is described as follows: 2024 Citywide Line Striping Project The NAME OF THE ORIGINAL CONTRACTORS, if any, for such work of improvement is: WGJ Enterprises DBA PCI The street address of said property is: VARIOUS STREETS WITHIN THE CITY OF BIG BEAR LAKE, NO APN
The property on which said work of improvement was completed is in the City of Big Bear Lake, County of San Bernardino, State of California.

Dated: 11/13/2024
Sean Sullivan, Public Works Department, City of Big Bear Lake

VERIFICATION
I, Sean Sullivan, am the Director of Public Services, the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on 11/13/2024 at Big Bear Lake, CA.

Sean Sullivan, Public Works Department, City of Big Bear Lake Item 1.6
Attachment 3
RECORDING REQUESTED BY:

City of Big Bear Lake
WHEN RECORDED, PLEASE MAIL TO:

City of Big Bear Lake
City Clerk
PO Box 10000
Big Bear Lake, CA 92315
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or agent of the OWNER of the interest or estate state below in the property hereinafter described:

The FULL NAME of the OWNER is: CITY OF BIG BEAR LAKE
The FULL ADDRESS OF THE owner is: 39707 BIG BEAR BOULEVARD, PO BOX 10000, BIG BEAR LAKE, CA 92315
The NATURE of the INTEREST or ESTATE of the undersigned is: agent of the owner that constructed the improvements.

The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

NAME(S) ADDRESS(ES)
The full name(s) and address(es) of the successor(s) in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:

NAME(S) ADDRESS(ES)
A work of improvement on the property hereinafter described was completed on: October 17, 2024 The work of improvement completed is described as follows: Sealcoating of Trails Project The NAME OF THE ORIGINAL CONTRACTORS, if any, for such work of improvement is: Pavement Coatings Co.

The street address of said property is: VARIOUS TRAILS WITHIN THE CITY OF BIG BEAR LAKE, NO APN
The property on which said work of improvement was completed is in the City of Big Bear Lake, County of San Bernardino, State of California.

Dated: 11/13/2024
Sean Sullivan, Public Works Department, City of Big Bear Lake

VERIFICATION
I, Sean Sullivan, am the Director of Public Services, the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on 11/13/2024 at Big Bear Lake, CA.

Sean Sullivan, Public Works Department, City of Big Bear Lake

MEETING
DATE: November 13, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Israel Gomez, Associate Civil Engineer
SUBJECT: Award of Construction Contract – PAC Restrooms Improvements Project

BACKGROUND & DISCUSSION
The Civic Center and Performing Arts Center were constructed in 1989 and serve as the City’s administrative offices, public meeting space, and a gathering space for the performing arts. The primary restroom facilities for the public and visitors to this space are located in the lobby area, between City Hall and the Performing Arts Center and date to the original construction of this building. As the building is nearly thirty-five (35) years old, it was determined that elements of the restrooms are not currently compliant with elements of the Americans with Disabilities Act (ADA).

In January 2023, the City Council authorized a design consulting agreement with the Eden Group (Big Bear Lake, CA) to perform the necessary redesign of the restrooms to meet the necessary ADA compliance as well as a general rehabilitation of the finishes. The scope of work includes the removal of partitions and walls to accommodate the relocation of fixtures, including toilets and sinks, to meet the current ADA specifications. Given the invasive nature of these improvements requiring extensive demolition and reconstruction, this project will also provide a significant upgrade to the existing finishes within the restrooms. The improvements require that the restrooms be demolished to the framing to facilitate the necessary ADA improvements. The scope of work will replace the fixtures, maintaining the existing toilet fixture count in each restroom, as well as all finishes including partitions, flooring, lighting, paint, and restroom accessories.

The City Council authorized this project for bidding in November 2023 as the optimal schedule for constructing this project is in the winter months as activity within the Performing Arts Center is reduced allowing this work to take place with minimal disruption to ongoing activities. There were some delays in finalizing the construction plans, which required the project to be deferred to the 2024-25 winter season where the Performing Arts Center is scheduled to be dark for the month of January. When the project was authorized for bid in November 2023, the Engineer’s Estimate of the construction costs was approximately $350,000. As the plans were updated, including a plan check review from the Building and Safety Division, the Engineer’s Estimate was revised to $453,000 based upon plan changes and ongoing escalation of construction costs.

Staff issued the project for public bid, in accordance with the City’s purchasing guidelines and the California Public Contract Code, in October 2024. A Notice Inviting Bids was published in the Item 1.7
Grizzly and on Planetbids.com on October 3 and October 10, 2024. A mandatory pre-bid conference and site inspection was held on October 14, 2024 and was attended by approximately thirteen (13) perspective bidders. On Wednesday, October 30 the City received, publicly opened, and read aloud seven (7) sealed bids with the following results:

Bidder Location Base Bid Amount
Cornerstone Construction Co. Victorville, CA $ 389,808.00 Dale Plumbing & Construction Hemet, CA $ 419,542.00
Coelho, Inc. Santee, CA $ 434,732.20
All American Building Services Santa Clarita, CA $ 472,455.00 EC Construction Yucaipa, CA $ 484,301.90
MLC Constructors, Inc. Corona, CA $ 627,380.00
DLG Contractors, Inc. Santee, CA $ 680,169.28
As is standard practice for the City, all bid documents are reviewed for completeness and accuracy and additional background review is conducted on the apparent low bidder. Through staff’s review of the bid documents, a number of clerical errors were identified within the bid schedule on six (6) of the seven (7) received bids. The clerical errors equate to the calculating the total bid based price using the furnished bid schedule, which includes fifty-eight (58) bid items. Pursuant to the City’s standard bid documents, “in case of a discrepancy between the written price and the numerical price, the written price shall prevail.” In analyzing the bids, which is provided in the above table, the bid ranking is based upon the written prices furnished in each of the bids received and upon the review of the clerical discrepancies within any of the received bids, the correction of the errors would not alter the ranking of the bidders. As such, the clerical errors can be waived as irregularities within the bidding process, as the right to do so is afforded the City as the bidding entity.

Cornerstone Construction Company is a licensed General Engineering (“A”) and General Building (“B”) contractor in good standing with the State of California and they meet all requirements to complete this project. They have an extensive resume of residential, commercial, and public construction projects.

On Monday, November 4, 2024, staff received a bid protest letter from DLG Contractors, Inc., one of the project bidders, protesting six (6) of the bids received on a number of grounds including incomplete bid submittals as well as a failure of all bidders to adhere to the required listing of project subcontractors. Staff and the City Attorney reviewed the bid protest letter and found that the protest raised was without merit. The review found that the cited instances of issues with the bid documents, such as missing corporate seals and other document issues, amount to irregularities, none of which provide an advantage to one bidder over another. Furthermore, the review found that the cited issues related to the declaration of subcontractors were not applicable to the specific bid requirements. The City Attorney and staff determined that this bid protest was without merit and would not impact the award of contract to the identified lowest bidder. A letter from the City was issued in response to the bid protest on November 5, 2024. Copies of the bid protest and related correspondence are attached to this report.

Staff is recommending the award of construction contract for the PAC Restrooms Improvements Project to the lowest responsive bidder, Cornerstone Construction Co. (Victorville, CA) in the amount of $389,808. Staff is additionally requesting a construction contingency amount of $57,500 (approximately 15%) to cover the cost of any unforeseen conditions that arise throughout the course of construction. Finally, an amount of $20,000 is requested for consultant support related to any necessary plan revisions or clarifications and other support required to complete this construction project.

Should the City Council approve the construction contract this evening, it is anticipated that work will begin in December, after the conclusion of scheduled meetings and events. It is anticipated that the work activity will last approximately ninety (90) days and will be confined to the restroom area to the extent possible. As a provision of the construction contract, the awarded contractor will furnish and maintain a temporary restroom facility that is of a trailer or building construction that will have climate control and running water for the duration of the construction activity. These facilities will allow for public use related to the Civic Center and allow meetings and events to continue while minimizing disruption.

FISCAL IMPACT
The anticipated cost of this project including the construction contract, contingency funds, and consultant support services will not exceed $467,308. Funding is available in the adopted Capital Improvement Program Budget.

ENVIRONMENTAL CONSIDERATIONS
At the time that the City Council authorized staff to proceed with the public bid for this project, the City Council also found that this project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.A of the CEQA implementation guidelines as interior alterations to an existing facility.

CONSIDERATION OF STRATEGIC PRIORITIES
This action aligns with the City Council’s Strategic Priority No. 1 as it “supports and invests in sustainable infrastructure projects and programs.”.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to Cornerstone Construction Co. for the PAC Restrooms Improvements Project.

ATTACHMENTS

1. Resolution No. 2024-XX

2. Bid of Cornerstone Construction Co.

3. Bid Protest Received from DLG Contractors, Inc.

4. City Response to Bid Protest of DLG Contractors, Inc.

5. Agenda Report Authorizing Bid Solicitation for the PAC Restroom Improvement Project (November 8, 2023)
RESOLUTION NO. 2024-XX

RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO CORNERSTONE CONSTRUCTION CO. FOR THE PAC RESTROOMS IMPROVEMENTS PROJECT WHEREAS, the Civic Center and Performing Arts Center were constructed in 1989 and serve as the City’s administrative offices, public meeting space, and a gathering space for the performing arts and the current restroom facilities date to the original construction of the building; and, WHEREAS, as the building is nearly thirty-five(35) years old, it was determined that elements of the restrooms are not currently compliant with elements of the Americans with Disabilities Act (ADA); and,
WHEREAS, in January 2023, the City Council authorized a design consulting agreement with the Eden Group to perform the necessary redesign of the restrooms to meet the necessary ADA compliance as well as a general upgrade of the finishes; and, WHEREAS, the improvements require that the restrooms be demolished to the framing to facilitate the necessary ADA improvements and the scope of work will also replace the fixtures, maintaining the existing toilet fixture count in each restroom, as well as all finishes including partitions, flooring, lighting, paint, and restroom accessories; and, WHEREAS, the City Council authorized this project for public bid in November 2023, however delays in finalizing the construction plans deferred this project to the winter 2024-25 season to meet the optimal schedule for constructing this project is in the winter months as activity within the Performing Arts Center is reduced allowing this work to take place with minimal disruption to ongoing activities; and,
WHEREAS, Staff issued the project for public bid, in accordance with the City’s purchasing guidelines and the California Public Contract Code, in October 2024, and on Wednesday, October 30, the City received, publicly opened, and read aloud seven (7) sealed bids; and, WHEREAS, staff reviewed all bids received and identified a number of clerical errors within the calculation of the bid price, utilizing the furnished bid schedule for six (6) of the seven (7) bids received, however, as the bid documents indicate that the written bid price will prevail over the numeric bid price, the bid ranking was completed utilizing the written bid prices received; and, WHEREAS, analysis of the identified clerical was completed and indicated that the clerical errors were minor in nature and, if corrected, would not alter the rankings of the bidders and, as such, the clerical errors shall be regarded as irregularities to the bidding process; and, WHEREAS, upon review of the bids Cornerstone Construction Co. (Victorville, CA) was identified as the apparent low bidder with a bid price of $389,808 and upon comprehensive review of the bid documents, Cornerstone Construction Co. was found to meet all requirements to complete this project in terms of licensure and experience; and, WHEREAS, on Monday, November 4, 2024, staff received a bid protest letter from DLG Item 1.7
Attachment 1
Contractors, Inc., one of the project bidders, protesting six (6) of the bids received on a number of grounds including incomplete bid submittals as well as a failure of all bidders to adhere to the required listing of project subcontractors (“Protest”); and, WHEREAS, staff and the City Attorney reviewed the bid protest letter and found that the protest raised was without merit as the cited instances of issues with the bid documents, such as missing corporate seals and other document issues, amount to irregularities, none of which provide an advantage to one bidder over another and that the cited issues related to the declaration of subcontractors were not applicable to the specific bid requirements, and on November 5, 2024 staff issued notice to the protester in connection therewith (“Protest Response”); and, WHEREAS, in addition to the base bid amount of $389,808, staff is requesting a construction contingency of $57,500 (approximately 15%) to cover the cost of any unforeseen conditions that may arise throughout the course of construction, and funding of $20,000 to support any required consulting support for the delivery of this project; and, WHEREAS, the total cost for the construction of this project will not exceed $467,308 and the necessary funding is available within the adopted Capital Improvement Program Budget; and, WHEREAS, should the construction contract be approved at this time, work is anticipated to begin in December at the conclusion of all currently scheduled events and will last approximately ninety (90) days; and,
WHEREAS, the construction contract requires that the selected contractor provide and maintain, for the duration of construction activity, temporary restroom facilities for public use to allow use related to the Civic Center and allow meetings and events to continue while minimizing disruptions.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Big Bear Lake:

1. Ratifies the Protest Response.

2. Waives any and all irregularities with respect to the bidding process, including by way of illustration and not by limitation those alleged in the Protest, those discussed in the Protest Response, and those discussed in the Recitals above.

3. Rejects the bid protest of DLG Contractors, Inc. as being without merit.

4. Awards a construction contract to Cornerstone Construction Co. for the PAC Restrooms Improvements Project in an amount of $389,808 with an owner contingency of $57,500 for staff approved change orders for a total of not to exceed $447,308 without further City Council approval.

5. Authorizes the City Manager to execute the necessary documents in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 13th day of November, 2024.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is four; that the foregoing resolution, being Resolution No. 2024-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 13th day of November, 2024 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk
ADDENDUM#!
PROJECT:

FROM:

DATE:

PAC Restrooms Improvements Project
Israel Gomez
October 24, 2024

TO ALL QUALIFIED BIDDERS OF RECORD IN ATTENDANCE AT THE MANDATORY PRE-BID MEETING OF OCTOBER 14, 2024:

This Addendum No. 1 is an integral part of the bid and contract documents in conjunction with the project referenced above, responses to questions asked, and revisions to specifications and plans. All qualified bidders are required to sign and submit the acknowledgment provided in this addendum document with their bid submittal.

Questions and Answers

BID OPENING DUE DATE REMAINS
2:00 PM, WEDNESDAY OCTOBER 30, 2024

1. Q: What is the License needs to bid for this project ? A: General B Building Contractor license

2. Q: Is there an engineer's estimate?
A: Yes, $453,301.90

3. Q: Would there be power, and water connections for external bathroom trailers?? A: Bid 50 feet of water and 5-amp power to city connections

4. Q: In the new design the sewer callout is for PVC, but the as built plans we are unable to locate the type of existing sewer pipe. Is it cast iron or pvc existing? A: Should be Cast Iron.

5. Q: Are the new WC floor mounted or wall mounted? If wall mounted is there a call out for carrier type?
A: should specify floor mounted, brand per city staff

6. Q: On page G0.02 there is: ASBESTOS-CEMENT DISPOSAL 1. THE CONTRACTOR IS RESPONSIBLE FOR THE REMOVAL AND PROPER DISPOSAL OF ASBESTOS-CEMENT (AC) WATERLINE. Is this confirmed existing condition
A: Assume no asbestos

1.1 Bid.
00 41 43 - BID FORMS
Bids will be received at the City of Big Bear Lake, 39707 Big Bear Boulevard, Big Bear Lake, California 92315, until 2:00 p.m. October 30, 2024.

NAME oF BIDDER: CornerstoneCC
City of Big Bear Lake
39707 Big Bear Boulevard
Big Bear Lake, California 92315
The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project:

PAC Restrooms Improvements Project
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents:

Addenda No. _0_1 _________________ _

1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price.

2. Attached is the completed Designation of Subcontractors form.

3. Attached is the fully executed Noncollusion Declaration form.

4. Attached is the completed Iran Contracting Act Certification form.

5. Attached is the completed Fleet Compliance Certification form.

6. Attached is the completed Public Works Contractor Registration Certification form.

7. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.

8. Attached is the completed Bidder Information and Experience form. -18-
19361.00004\24900413.3
Item 1.7
Attachment 2

Item 1.7
Attachment 3

CITY OF

BIG BEAR LAKE
Via Email Only
DLG Contractors, Inc.

Attn: Bryan Grant
10911 Wheatlands Ave. Suite J
Santee, CA 92071
November 5, 2024
Re: November 4, 2024 Bid Protest PAC Restrooms Improvements Project Mr. Grant,
The above referenced bid protest is DENIED by the City of Big Bear ("City").

As explained in Judson Pacific-Murphy Corp. v. Durkee (1956) 144 Cal.App.2d 377, 383 ("Judson"):

It must be remembered that competitive bidding statutes [. .. } are for the benefit of the public and not for the benefit of bidders [ .. .}. It certainly vvould amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal [ .. .} of the low bidder cifter the fact; cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher bid. Such construction would be adverse to the best interests of the public and contrary to public policy.

This is a classic Judson protest, but more egregious. The protester bid $680,169.28, and it seeks to disqualify Q other, substantially lower, bidders, the lowest bidder bidding $389,808. Once could say, in the language of Judson, that there are $290,361.28 reasons why the protest seeks a remedy "adverse to the best interests of the public and contrary to public policy".

The City will ignore the protest as to the bidders other than the low bidder as moot. As to the low bid, ( 1) the absence of a corporate seal is does not invalidate the instrument as a matter of California law and confers no competitive advantage, (Corp. Code, § 7140, subd. (a)), (2) the absence of a bank address is of no effect because the bank's address can be readily determined by matters that are not subject to reasonable dispute and confers no competitive advantage, (3) the absence of "Labor Code" is of no effect because the intent to refer to the Labor Code can be readily determined by matters that are not subject to reasonable dispute and confers no competitive advantage, and (4) the failure to certify compliance with applicable law is of no effect because compliance with applicable law is an implied term of any contract. (Miracle Auto Center v. Superior Court (1998) 68 Cal.App.4th 818, 821 ).

Finally, the alleged failure to list a subcontractor for "Temporary Toilet Facilities" is not only not an irregularity, but the allegation that it is an irregularity reflects a lack of knowledge with respect City of Big Bear Lake, California
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • WW\\ .cit v
bi2.bcarlake.com
Item 1.7
Attachment 4

MEETING
DATE: November 8, 2023
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Deputy City Manager / Director of Public Works Jared Cheek, Public Works Manager – Capital Projects / Emergency Operations SUBJECT: Resolution Authorizing Bid Solicitation for the Civic Center/Performing Arts Center Restroom Improvements Project

BACKGROUND AND DISCUSSION
Included within the adopted Fiscal Year 2023-24 Capital Improvement Project (CIP) budget is a project entitled Civic Center/Performing Arts Center Restroom Improvements Project. This project is aimed at providing improvements to the facilities to comply with the Americans with Disabilities Act (ADA) as well as provide improved aesthetics to the restrooms, which are original to the construction of the building in 1989. These restrooms are located within the main lobby and are generally utilized by patrons of both the City Hall offices as well as the Performing Arts Center.

In January 2023, the City Council awarded a design consulting agreement to the Eden Group (Big Bear Lake, CA) for the design work associated with this project. The Eden Group has completed all necessary construction drawings, including updated floor plans and finish schedules to complete the scope of the project. Based upon the design received, the engineer’s estimate of probable construction costs is approximately $350,000 and they believe that the construction period will be approximately four (4) months.

Staff is completing the assembly of the bid documents and intends to have them circulated for public bidding by the end of November in order to receive bids in December 2023. Once the bids are received and an apparent contractor has been identified, staff will then be able to refine the construction timeline and mitigation of the construction impacts. Internally, staff from engineering as well as the staff who oversee the Performing Arts Center are coordinating closely to manage the impacts that this project will have on the facility usage.

FISCAL IMPACT
Funding for this project is included in the adopted Fiscal Year 2023-24 Capital Improvement Program (CIP) Budget in the amount of $350,000. The source of funds for this project is the General Fund.

ENVIRONMENTAL CONSIDERATIONS
This project is categorically exempt from the California Environmental Quality Act (CEQA) Item 1.7
Attachment 5
pursuant to Section 15301.a of the CEQA implementation guidelines as interior alterations to an existing facility.

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priority No. 1 as it “supports and invests in sustainable infrastructure projects and programs”.

RECOMMENDATION
It is recommended that the City Council adopt a Resolution Authorizing Bid Solicitation for the Civic Center/Performing Arts Center Restroom Improvements Project.

ATTACHMENTS

1. Resolution No. 2023-XX

2. Floor Plan

3. Renderings
ATTACHMENT 1
RESOLUTION NO. 2023-XX

RESOLUTION AUTHORIZING BID SOLICITATION FOR THE CIVIC

CENTER/PERFORMING ARTS CENTER RESTROOM IMPROVEMENTS PROJECT WHEREAS, a project entitled Civic Center / Performing Arts Center Restroom Improvements Project is included within the adopted Fiscal Year 2023-24 Capital Improvements Program budget; and,
WHEREAS, the project scope is to provide improvements to the facilities to comply with the Americans with Disabilities Act (ADA) as well as to provide improved aesthetics to the restrooms, which are original to the construction of the building in 1989; and, WHEREAS, in January 2023, the City Council awarded a design consulting agreement to the Eden Group (Big Bear Lake, CA) for the design work associated with this project and the Eden Group has completed all necessary construction drawings for this effort; and, WHEREAS, the project design includes an updated floor plan, updated finishes, and all other facets of construction to accommodate these improvements; and, WHEREAS, the engineer’s estimate of probable construction costs is $350,000 and the anticipated construction period will be approximately four (4) months’ and, WHEREAS, staff is seeking authorization to initiate a bid solicitation process so that the bid documents can be circulated prior to the end of November with the intention of receiving project bids in December 2023; and,
WHEREAS, once a contractor is identified, the project timeline and efforts to mitigate the construction impacts can be better refined; and,
WHEREAS, funding is included for this project within the adopted Fiscal Year 2023-24 Capital Improvement Program budget in the amount of $350,000; and, WHEREAS, this project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.a of the CEQA implementation guidelines as interior alterations to an existing facility.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:

1. Staff is authorized to proceed with the bid solicitation process for the Civic Center / Performing Arts Center Restroom Improvements Project.

2. This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.a of the CEQA implementation guidelines as interior alterations to an existing facility.

PASSED, APPROVED AND ADOPTED this 8th day of November, 2023.

Randall Putz, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2023-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of November, 2023 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
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5501 STANSBURY AVE, SHERMAN OAKS, CA 91401 (818) 788-148140717 BIG BEAR BLVD, BIG BEAR LAKE, CA 92315 (909) 470-5460 This drawing is an instrument of service and is the sole property of The Eden Group. Any use of this drawing without written consent by The Eden Group is prohibited. Plot Date:

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ATTACHMENT 3

PUBLIC HEARING REPORTS

MEETING
DATE: November 13, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Andrew Mellon, Community Development Manager
Nathan Castillo, Senior Planner
SUBJECT: Ordinance Amending the City’s Development Code Relating to Accessory Dwelling Units

BACKGROUND & DISCUSSION
The City of Big Bear Lake adopted its most recent Accessory Dwelling Unit (ADU) ordinance in late 2023 and this ordinance meets the specific needs of the City of Big Bear Lake while also ensuring compliance with State law. On September 28, 2024, the California Legislature again amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. The result of these efforts is that the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend State ADU law as summarized in the discussion section below.

In response to the changes in legislation at the State level, the City will need to review their policies that have been effected by the updated legislation and amend them accordingly to ensure ongoing compliance with State law. Upon the news of the passage of AB 2533 and SB 1211, staff from the Planning Division and the City Attorney’s Office immediately began working on the required ordinance updates in light of this legislation becoming effective January 1, 2025. On October 16, 2024, staff presented an updated ADU Ordinance to the Planning Commission at a duly notice Public Hearing. At this public hearing, the Planning Commission considered staff’s recommendation, in alignment with direction provided by the City Attorney’s Office, and unanimously adopted Resolution 2024-16 recommending City Council approval of Development Code Amendment 2024-122 adopting an ordinance amending development code section

17.25.210 pertaining to accessory dwelling units. Staff is now forwarding this Ordinance and Development Code Amendment to the City Council on the recommendation of the Planning Commission.

The legislation that is requiring these updates are AB 2533 and SB 1211 which were adopted by the State on September 28, 2024. Summary information about each of these bills is outlined below:

AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing State law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a Item 2.1
permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 amends these policies by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov.

Code, § 66332(a)–(f).)
SB 1211 – Replacement Parking Requirements & Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU. SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking specifically for uncovered parking spaces demolished for or replaced with an ADU. (See amended Gov.

Code, § 66314(d)(11).)
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law. SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).) SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs. Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4).)
The Ordinance and Development Code Amendment that are presented for the City Council’s consideration have been prepared to ensure that the City’s existing code provisions, related to Accessory Dwelling Units (ADUs), remain in compliance with current State statutes. Amendments to these statutes become effective on January 1, 2025, therefore, the consideration of this ordinance at this time will allow local policies to be updated on a timeline similar to the State statutes. This Ordinance and Development Code Amendment do not provide for any substantive changes to the City’s existing ADU policy related to permissibility, design guidelines, or other provisions included the City’s most recent ADU Ordinance adoption in 2023.

FINDINGS
Affirmation of the required findings, as provided under section 17.03.200.F of Title 17, can be made in support of the proposed Development Code Amendment, as follows:

1. The proposed Development Code Amendment conforms to the goals, objectives and policies of the General Plan, specifically Land Use Element Policy L 1.7 pertaining to compatibility between different land uses. The amendment incorporates regulations to integrate ADUs into the character of existing neighborhoods to the extent allowed by law. The amendment is consistent with Goal L 3 to provide for housing opportunities for all demographic and economic segments of the population and Policy L 3.3 that requires the planners to maintain the integrity, safety and attractiveness of residential neighborhoods. To the extent allowed under the new ADU laws, the amendment supports Community Design Element Goal CD 1 to create and maintain a well-designed built environment which contributes to the community’s economic vitality, enhances the quality of life and reflects and enhances the beauty of the City’s natural mountain setting.

The amendment is consistent with goals, policies, and programs of the 2021- 2029 Housing Element, specifically Goal H1 and Program H1–B to provide adequate sites for a variety of housing types and Goal H2 to encourage and support development of adequate housing to meet the needs of low- and moderate-income households through Policy H2.3 to provide regulatory concessions and incentives for the development of affordable housing and Program H2-E to allow larger ADUs and provide incentives to encourage the production of ADUs.

2. The proposed Development Code amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare. The state law is general in nature and applies to all cities in California, not specifically Big Bear Lake which is unique because of our terrain, elevation, population and weather. Modifications to the state standards are necessary to implement the City’s General Plan goals, policies, and programs and to provide public safety and the overall general welfare of our citizens.

3. The proposed Development Code amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof. The appropriate single-family and multifamily residential development standards are included in the ADU ordinance to the extent allowed under state law in order to maintain health, safety and welfare for our citizens. These requirements include front building setbacks, maximum lot coverage, minimum open space, maximum building height, minimum parking space sizes, and minimum architectural standards to expedite review and integrate ADUs and JADUs into our residential neighborhoods.

4. The proposed Development Code amendment is reasonable and beneficial at this time. The proposed amendment brings the City’s regulations into compliance with the state laws governing ADUs and JADUs amended by Assembly Bill 2533 and Senate Bill 1211 and which take effect January 1, 2025.

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended ordinance.

ENVIRONMENTAL CONSIDERATIONS
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements State ADU law.

CONSIDERATION OF STRATEGIC PRIORITIES
This project aligns with Strategic Priority Goal No 5, to “preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.”

RECOMMENDED ACTION
It is recommended that the City Council conduct a public hearing to hear any and all testimony, read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake Amending Development Code Section 17.25.210 Pertaining to Accessory Dwelling Units and Finding the Amendment Statutorily Exempt from the California Environmental Quality Act Under Public Resources Code § 21080.17.

ATTACHMENTS

1. Ordinance No. 2024-XXX and Exhibit A (proposed Development Code Section 17.03.210 in its entirety)

2. Planning Commission staff report, dated October 16, 2024 (without attachments) ORDINANCE NO. 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AMENDING DEVELOPMENT CODE SECTION 17.25.210

PERTAINING TO ACCESSORY DWELLING UNITS AND FINDING THE

AMENDMENT STATUTORILY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT UNDER PUBLIC RESOURCES CODE
§ 21080.17
WHEREAS, on September 28, 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend State ADU law;
WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and
WHEREAS, the City desires to amend its local regulatory framework for the construction of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to reflect AB 2533’s and SB 1211’s changes to State law; and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the city may adopt an ordinance to provide for the creation and regulation of ADUs and JADUs; and WHEREAS, Section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, the Planning Commission of the City of Big Bear Lake considered Development Code Amendment 2024-122, filed by the City of Big Bear Lake to revise Development Code Section

17.25.210 pertaining to Accessory Dwelling Units (“Application”); and WHEREAS, on October 16, 2024, the Planning Commission at a regularly schedule public meeting considered and recommended that the City Council approve the subject Application; and WHEREAS, under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law; and
Item 2.1
Attachment 1
WHEREAS, on November 13, 2024, the City Council conducted a duly noticed public hearing, and received and considered all written and oral evidence related to the Application; and WHEREAS, the City Council, after due study, deliberation and public hearing, took action to recommend approval of the Application in accordance with the General Plan goals and policies, the Development Code; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this ordinance, are true and correct and are incorporated herein.

Section 2. The City Council hereby finds that the Application is statutorily exempt from the California Environmental Quality Act (“CEQA”) under California Public Resources Code section 21080.17, wherein CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

Section 3. Based on the evidence for the Application presented to the City Council during the November 13, 2024, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds, pursuant to §17.03.200, et.al that the following circumstances exist:

1. The proposed Development Code Amendment conforms to the goals, objectives and policies of the General Plan, specifically Land Use Element Policy L 1.7 pertaining to compatibility between different land uses. The amendment incorporates regulations to integrate ADUs into the character of existing neighborhoods to the extent allowed by law. The amendment is consistent with Goal L 3 to provide for housing opportunities for all demographic and economic segments of the population and Policy L 3.3 that requires the planners to maintain the integrity, safety and attractiveness of residential neighborhoods. To the extent allowed under the new ADU laws, the amendment supports Community Design Element Goal CD 1 to create and maintain a well-designed built environment which contributes to the community’s economic vitality, enhances the quality of life and reflects and enhances the beauty of the City’s natural mountain setting.

The amendment is consistent with goals, policies, and programs of the 2021- 2029 Housing Element, specifically Goal H 1 and Program H1–B to provide adequate sites for a variety of housing types and Goal H2 to encourage and support development of adequate housing to meet the needs of low- and moderate-income households through Policy H2.3 to provide regulatory concessions and incentives for the development of affordable housing and Program H2-E to allow larger ADUs and provide incentives to encourage conversion of guest houses to ADUs.

2. The proposed Development Code Amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare because the provisions of Government Code sections 66333 through 66339 do not represent the overall goals and policies of the City of Big Bear Lake General Plan. The state law is general in nature and applies to all cities in California. Big Bear Lake is unique because of our topography, elevation, climate, demographics and population. Modifications to the state standards are necessary to implement the City’s General Plan goals, policies, and programs and to provide public safety and the overall general welfare of our citizens.

3. The proposed Development Code Amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof because the appropriate single-family and multifamily residential development standards are included in the ADU ordinance to the extent allowed under state law in order to maintain health, safety and welfare for our citizens. These requirements include front building setbacks, maximum lot coverage, minimum open space, maximum building height, minimum parking space sizes, and minimum architectural standards to expedite review and integrate ADUs and JADUs into our residential neighborhoods.

4. The proposed Development Code Amendment is reasonable and beneficial at this time because the proposed amendment and more clearly brings the City’s regulations into compliance with the state laws governing ADUs and JADUs amended by Assembly Bill 2533 and Senate Bill 1211 and which take effect January 1, 2025.

Section 4. Based on the findings and conclusions as set forth in Sections 1, 2, and 3, above, the City Council hereby approves Development Code Amendment 2024-122 finding the amendment statutorily and categorically exempt from the California Environmental Quality Act and adopting an Ordinance amending Development Code Section 17.25.210 as shown in attached Exhibit A.

Section 5. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be posted in at least three (3) public places in the City in lieu of publication unless publication is requested by the City Council or otherwise required by law.

Section 6. The Ordinance shall become effective 30 days after its adoption.

PASSED, APPROVED AND ADOPTED this 11th day of December, 2024.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is four; that the foregoing Ordinance No. 2024- xxx is a full, true and correct original of Ordinance No. 2024-xxx of the City of Big Bear Lake entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AMENDING DEVELOPMENT CODE SECTION 17.25.210

PERTAINING TO ACCESSORY DWELLING UNITS AND FINDING THE

AMENDMENT STATUTORILY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT UNDER PUBLIC RESOURCES CODE
§ 21080.17
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 11th day of December 2024, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2024-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk

EXHIBIT A

AMENDMENT TO
DEVELOPMENT CODE SECTION 17.25.210 ACCESSORY DWELLING UNITS Development Code Section 17.25.210 is hereby amended to read in its entirety as follows:

Section 17.25.210 Accessory Dwelling Units
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. (b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(3) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.
(c) Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(B) A manufactured home, as defined by section 18007 of the California Health and Safety Code.
(2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

Item 2.1
Exhibit A
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(A) It is no more than 500 square feet in size.
(B) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the singlefamily structure. (C) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. (D) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) above. (6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. (7) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. (8) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
(9) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. (d) Approvals. The following approvals apply to ADUs and JADUs under this section:
(1) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection (e) below, it is allowed with only a building permit in the following scenarios:
(A) Converted on Single-family Lot: One ADU as described in this subsection (d)(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and (ii) Has exterior access that is independent of that for the singlefamily dwelling; and (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(iv) The JADU complies with the requirements of Government Code sections 66333 through 66339.
(B) Limited Detached on Single-family Lot: One detached, newconstruction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (d)(1)(A) above), if the detached ADU satisfies each of the following limitations:
(i) The side- and rear-yard setbacks are at least four feet. (ii) The total floor area is 800 square feet or smaller. (iii) The peak height above grade does not exceed the applicable height limit in subsection (e)(2) below.
(C) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (d)(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(D) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(i) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. (ii) The peak height above grade does not exceed the applicable height limit provided in subsection (e)(2) below.
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary
dwelling units on the lot.
(2) ADU Permit.
(A) Except as allowed under subsection (d)(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections (e) and (f) below. (B) The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution.
(3) Process and Timing.
(A) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(B) The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (ii) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
(C) If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (d)(3)(B) above. (D) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.
(e) General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above:
(1) Zoning.
(A) An ADU subject only to a building permit under subsection (d)(1) above may be created on a lot in a residential or mixed-use zone. (B) An ADU subject to an ADU permit under subsection (d)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (C) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. (2) Height.
(A) Except as otherwise provided by subsections (e)(2)(B) and (e)(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
(B) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(C) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(D) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (e)(2)(D) may not exceed two stories.
(E) Notwithstanding subsections a. through d. above, any ADU that is approved under this section and that has a sloped roof with a pitch of at least 2:12 may be up to thirty (30) feet in height if the ADU is detached from the primary-dwelling structure and up to forty (40) feet in height if the ADU is attached to the primary-dwelling structure.
(F) For the purposes of this subsection, building height is the vertical distance measured from the average level of the highest and lowest point of the portion of the lot covered by the building to the highest point of the structure.
(3) Fire Sprinklers.
(A) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(B) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewatertreatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(7) Owner Occupancy.
(A) An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirements. (B) Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must occupy the property.
(C) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must occupy the property, in either the primary dwelling or JADU.

However, the owner-occupancy requirement in this subsection E.7.c. does not apply if the property is entirely owned by another government agency, land trust, or housing organization.
(D) For purposes of this subsection 7., "occupy" means the right to use the unit exclusively at will as the owner's permanent, seasonal, or secondhome residence. (8) Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
(A) Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling. (B) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(C) The deed restriction runs with the land and may be enforced against future property owners.
(D) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities.

To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
(E) The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.
(9) Rent Reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
(A) With the building-permit application, the applicant must provide the city with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(B) By January 31 of each calendar year, the owner must report the monthly rent charged for the ADU or JADU during the prior calendar year. If the city does not receive the report, the owner is in violation of this Code, and the city may send the owner a notice of violation and allow the owner another thirty (30) days to submit the report. If the owner fails to submit the report within the thirty-day period, the city may enforce this provision in accordance with applicable law.
(10) Building & Safety.
(A) Must comply with building code. Subject to subsection (e)(10)(B) below, all ADUs and JADUs must comply with all local building code requirements.
(B) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety.

Nothing in this subsection (e)(10)(B) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(f) Specific ADU Requirements. The following requirements apply only to ADUs that require an ADU permit under subsection (d)(2) above.
(1) Maximum Size.
(A) The maximum size of a detached or attached ADU subject to this subsection (f) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. (B) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
(C) Application of other development standards in this subsection F., such as lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (f)(1)(B) above or of front setback, lot coverage, or open-space requirement may require the ADU to be less than eight hundred (800) square feet.
(2) Setbacks.
(A) An ADU that is subject to this subsection (f) must conform to a fifteenfoot front-yard setback from any public right-of-way with a width of forty (40) or more feet and a twenty-foot setback from any public right-of-way with a width of less than forty (40) feet, subject to subsection (f)(1)(C) above.
(B) An ADU that is subject to this subsection (f) must conform to four-foot side- and rear-yard setbacks.
(C) No setback is required for an ADU that is subject to this subsection (f) if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed fifty percent (50%) on a single-family residential lot or sixty percent (60%) on a multifamily residential lot, subject to subsection (f)(1)(C) above.
(4) Minimum Open Space. There is no minimum open space requirement on a single-family residential lot. On a multifamily residential lot, no ADU subject to subsection (f) may cause the total percentage of open space of the lot to fall below thirty-five percent (35%) subject to subsection (f)(1)(C). above. (5) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.
(6) Parking.
(A) Generally. One off-street parking space, with a minimum dimension of nine feet wide by nineteen (19) feet deep, is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection (c)(12) above.
(B) Exceptions. No parking under subsection (f)(6)(A) is required in the following situations:
(i) The ADU is located within one-half mile walking distance of public transit, as defined in subsection (c)(11) above. (ii) The ADU is located within an architecturally and historically significant historic district.
(iii) The ADU is part of the proposed or existing primary residence or an accessory structure under subsection (d)(1)(A) above. (iv) When on-street parking permits are required but not offered to the occupant of the ADU.
(v) When there is an established car share vehicle stop located within one block of the ADU.
(vi) When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (f)(6)(B)(i) through (v) above.
(C) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(7) Architectural Requirements.
(A) The materials and colors of the exterior walls, roof, and windows and doors shall match the appearance and architectural design of the primary dwelling.
(B) All structures shall have eave overhangs of at least twelve (12) inches measured from the vertical side of the structure. Roof materials must be nonflammable. Wood shake shingles are prohibited. The roof pitch must be at least 2:12.
(C) All luminaires (light sources) must have a cutoff angle of less than ninety (90) degrees. Exterior lights must be placed so that the bulb or light source is not visible off-site, light is directed down, and the light level at the property line does not exceed 0.25 footcandles.
(D) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(g) Fees. The following requirements apply to all ADUs that are approved under subsections (d)(1) or (d)(2) above.
(1) Impact Fees.
(A) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (g)(1), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. (B) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(A) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(B) Except as described in subsection (g)(2)(A), converted ADUs on a singlefamily lot that are created under subsection (d)(1)(A) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. (C) Except as described in subsection (g)(2)(A), all ADUs that are not covered by subsection (g)(2)(B) require a new, separate utility connection directly between the ADU and the utility.
(i) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(ii) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service. (h) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. (2) Unpermitted ADUs and JADUs constructed before 2020. (A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Development Code Section

17.25.210).
(B) Exceptions:
(i) Notwithstanding subsection (h)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
(ii) Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (a) through (g)(2) of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

End of Section 17.25.210
Community & Economic Development Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com DATE: October 16, 2024
TO: Planning Commission
FROM: Nathan Castillo, Senior Planner
SUBJECT: Development Code Amendment 2024-122, ordinance amending Development Code Section 17.25.210 of the Development Code Pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) LOCATION: Citywide

RECOMMENDED ACTION(S)

1. Hold public hearing and take public testimony

2. Find that the adoption of the proposed ordinance is statuorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17.; and

3. Adopt a resolution recommending that the City Council approve Development Code Amendment 2024-122 finding the amendment statutorily exempt from the California Environmental Quality Act and amending Development Code Section 17.25.210 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

APPLICATION INFORMATION
This is a city-initiated code amendment for compliance with changes in State legislation.

BACKGROUND AND ANALYSIS
The City of Big Bear Lake adopted its most recent ADU ordinance in late 2023 which was tailored to Big Bear Lake and is compliant with State Requirements. California Legislature has again approved, and the Governor has signed into law, a number of bills that, among other things, amended various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs. On September 28th 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law as summarized below.

AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows

5.2 Item 2.1
Attachment 2
Development Code Amendment 2024-122 – ADU Ordinance Revisions Planning Commission Date: October 16, 2024

a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).)
SB 1211 – Replacement Parking Requirements & Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU. SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, § 66314(d)(11).)
Multifamily ADUs
SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying buildingpermit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law. SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs. Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4).)

CONSISTENCY ANALYSIS
General Plan
The project is consistent with several General Plan policies contained in the Land Use, Community Design, and Housing Elements as described in the table that follows.

Development Code Amendment 2024-122 – ADU Ordinance Revisions Planning Commission Date: October 16, 2024

GOAL,

PROGRAM,

OR POLICY

SUMMARY OR INTENT CONSISTENCY ANALYSIS
L 3
Provide housing opportunities to meet the longterm needs of permanent and part-time residents and all demographic and economic segments of
the population, while preserving the character and
integrity of residential neighborhoods
The ADU ordinance is consistent with
State law to provide long-term housing
that is affordable by design through small
unit sizes and expedited processing.

L 3.1a.

Permit a range of residential densities and
housing types throughout the City.

The ADU ordinance allows both ADUs
and JADUs in addition to the primary
residence on a single-family residential
lot, and allows additional units on
multifamily lots pursuant to State law.

L 3.2a.

Ensure that residential development provides an
attractive living environment and creates longterm value for residents as well as the community; To the extent allowed by State law, the
ADU ordinance contains development
standards and objective design standards
that are comparable with the city’s existing
development standards in order to blend
ADUs into existing neighborhoods.

CD 3.1
The built environment should provide a visually
interesting and stimulating setting by using varied
physical forms and details, which contribute to Big
Bear Lake’s sense of place.

The objective design standards require an
ADU to match architectural materials and
design of the primary residence.

H 1.1
Ensure availability of adequate land capacity to
allow for different densities suitable for a variety of types of housing for all income levels, including
rental housing and manufactured housing.

The adoption of the ADU ordinance
provides for additional opportunities to
construct a variety of housing types,
including JADUs and attached and
detached ADUs.

H 3 Facilitate housing development with minimal
government constraints.

Under the provisions of the ADU
ordinance, approval of projects is a
ministerial action, without the need for a
land use entitlement or public hearing.

H2-E
Implement the ADU provisions of State law to
provide for affordable housing opportunities for
small families, elderly, employees, persons with
disabilities and single adults.

The ordinance implements the provisions
of State ADU law and provides for a
variety of JADU and ADU sizes and types,
which are affordable by design.

Development Code Conformance
In accordance with Development Code Section 17.03.200.D, the Planning Commission must conduct a public hearing to consider an amendment to the Development Code. The Commission must determine whether the proposed amendment is consistent with all required findings and provide a recommendation to the City Council.

In the paragraphs that follow, staff provides a description of the ordinance language along with a discussion of the proposed changes that could, or could not be accommodated, to retain consistency with State law. Findings are contained at the conclusion of this discussion.

Development Code Amendment 2024-122 – ADU Ordinance Revisions Planning Commission Date: October 16, 2024

AMENDMENTS TO DEVELOPMENT CODE SECTION 17.25.210
The proposed ordinance changes are summarized, as follows:

1. Section 17.25.210(b).Effect of Conforming.
(4) Required to correct a nonconforming zoning condition, as defined in subsection (c)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

The reference to ”subsection (c)(8)” was changed due to the addition of definitions (c)(6) below.

2. Section 17.25.210(c).Definitions.
(6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

The new definition of “Livable space” is required by Senate Bill 1211. This change also includes the subsequent numbering changes within the remaining definitions of the same section, numbers (7) through (12).

3. Section 17.25.210(d)(1)(A).Converted on Single Family Lot. (iv) the JADU complies with the requirements of Government Code Sections 66333 through 66339
Corrected code section numbers “66333 through 66339” to be consistent with State codes.

4. Section 17.25.210(d)(1)(D).Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:
(iii) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

SB1211 requires the increased number of ADUs permitted on existing and proposed multifamily lots.

5. Section 17.25.210(e)(1).Zoning.
(C) In accordance with Government Code section 66333)a, a JADU may only be created on a lot zoned for single-family residences.

AB2533 requires JADUs to be specified in the general ADU and JADU requirements section.

6. Section 17.25.210(e)(5).No Separate Conveyance: An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may Development Code Amendment 2024-122 – ADU Ordinance Revisions Planning Commission Date: October 16, 2024

be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

Corrected code section numbers “66341” to be consistent with State codes.

7. Section 17.25.210(e)(8).Deed Restriction.
(A) Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

Corrected code section numbers “66341” to be consistent with State codes.

8. Section 17.25.210(f).Specific ADU Requirements.
(5) Passageway. No passageway, as defined by subsection (c)(9) above, is required for an ADU.

The reference to ”subsection (c)(9)” was changed due to the addition of definition (c)(6).

9. Section 17.25.210(f)(6).Parking.
(C) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

AB2533 requires the inclusion of “uncovered parking spaces" to be included in the No Replacement provision.

10.Section 17.25.210(h).Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(2) Unpermitted ADUs and JADUs constructed before 2020. (A) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020 , if denial is based on either of the following grounds:
(i) The ADU or JADU violates applicable building standards, or (ii) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Development Code sSection
NN.NNN17.25.210).
(B) Exceptions:
(i) Notwithstanding subsection (h)(2)(A) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020 , if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. (ii) Subsection (h)(2)(A) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.

Development Code Amendment 2024-122 – ADU Ordinance Revisions Planning Commission Date: October 16, 2024

The dates provided in the section above were changed from January 1, 2018 to January 1, 2020 to be consistent with AB2533.

FINDINGS
The Planning Commission specifically finds, pursuant to §17.03.200, et.al that the following circumstances exist:

1. The proposed Development Code Amendment conforms to the goals, objectives and policies of the General Plan, specifically Land Use Element Policy L 1.7 pertaining to compatibility between different land uses. The amendment incorporates regulations to integrate ADUs into the character of existing neighborhoods to the extent allowed by law.

The amendment is consistent with Goal L 3 to provide for housing opportunities for all demographic and economic segments of the population and Policy L 3.3 that requires the planners to maintain the integrity, safety and attractiveness of residential neighborhoods.

To the extent allowed under the new ADU laws, the amendment supports Community Design Element Goal CD 1 to create and maintain a well-designed built environment which contributes to the community’s economic vitality, enhances the quality of life and reflects and enhances the beauty of the City’s natural mountain setting.

The amendment is consistent with goals, policies, and programs of the 2021- 2029 Housing Element, specifically Goal H 1 and Program H1–B to provide adequate sites for a variety of housing types and Goal H2 to encourage and support development of adequate housing to meet the needs of low- and moderate-income households through Policy H2.3 to provide regulatory concessions and incentives for the development of affordable housing and Program H2-E to allow larger ADUs and provide incentives to encourage the production of ADUs.

2. The proposed Development Code amendment is necessary to implement the General Plan and to provide for public safety convenience and/or general welfare. The state law is general in nature and applies to all cities in California, not specifically Big Bear Lake which is unique because of our terrain, elevation, population and weather. Modifications to the state standards are necessary to implement the City’s General Plan goals, policies, and programs and to provide public safety and the overall general welfare of our citizens.

3. The proposed Development Code amendment conforms to the intent of the Development Code and is consistent with all other related provisions thereof because the appropriate single-family and multifamily residential development standards are included in the ADU ordinance to the extent allowed under state law in order to maintain health, safety and welfare for our citizens. These requirements include front building setbacks, maximum lot coverage, minimum open space, maximum building height, minimum parking space sizes, and minimum architectural standards to expedite review and integrate ADUs and JADUs into our residential neighborhoods.

Development Code Amendment 2024-122 – ADU Ordinance Revisions Planning Commission Date: October 16, 2024

4. The proposed Development Code amendment is reasonable and beneficial at this time because the proposed amendment and more clearly brings the City’s regulations into compliance with the state laws governing ADUs and JADUs amended by Assembly Bill 2533 and Senate Bill 1211 and which take effect January 1, 2025.

ENVIRONMENTAL DETERMINATION
Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law.

PUBLIC OUTREACH & INPUT
Public notice regarding this Development Code Amendment was published in The Grizzly newspaper on October 3, 2024. In addition, this notice was posted in three public places a minimum of 10 days prior to the hearing date. The notice was also placed on the City’s website, www.citybigbearlake.com. This notification was made in order to give the general public an opportunity to comment on the project. No public inquiries were received in response to this notification.

RECOMMENDED ACTION
Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s ADU ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed ordinance (Exhibit A to Attachment 1) ensures that the City’s ADU ordinance will be valid under AB 2533 and SB 1211. For these reasons, staff is recommending that the Planning Commission hold a public hearing to take public testimony and adopt the attached resolution (Attachment 1), to recommend that the City Council adopt the proposed ordinance.

Attachments:

1. Planning Commission Resolution 2024-XX

DISCUSSION/ACTION

ITEM REPORTS

MEETING
DATE: November 13, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Kelly Tinker, Economic Development Manager
SUBJECT: Authorize a Professional Services Agreement for Conceptual Planning Services Related to Event Space

BACKGROUND & DISCUSSION
The City of Big Bear Lake supports and permits a number of community and special events that take place annually in and around the Village. These events include the Summer Concert Series, the Fun Run Antique Car Show, Adventure Van Expo, and various athletic events such as the Kodiak Ultramarathon. Common areas for these events to take place include the Village L, Christmas Tree Corner, and the Bartlett Parking Lot. None of these areas are permanent event spaces meaning that events may often disrupt the normal activity within the area and all event equipment and services are required to be brought in to support these events, which often includes a portable stage, auxiliary electricity and sound, and portable sanitation facilities.

Understanding the disruption that these community events may cause to the normal activity within the Village, the City sought feedback from Village business owners to determine whether those disruptions, and the associated services, staffing and equipment provision required by the City to support these events, were acceptable opportunity costs for these events going forward. In summary, the City wanted to know whether there was an appetite within the Village business community for these events to continue.

The City prepared a five question survey and distributed it via email to all of the licensed businesses within the Village Retail Zone. The questions were designed to poll the Village business owners for their feedback on community events in the Village, including the following: whether business owners were pleased with the frequency and type of community events; their opinions on the locations of these events and the potential for disruption to normal activity within the Village; and whether they would be interested in designating a portion of the Bartlett Parking Lot as a permanent event and public gathering space.

In review of the survey results, the majority of responses indicated that the Village business owners support community events within the Village, and that they would like to see more community and special events approved by the City. A majority of responses also indicated that business owners would support improving the Bartlett Parking Lot to create a dedicated event space and community gathering location for the Village.

Item 3.1
In July 2024, the City Council approved the purchase of two (2) unimproved lots located along Beaver Lane, adjacent to Badger Lane and Cottage Lane, comprising approximately 1.2 acres.

While there are no determined plans for the future of the lots, the intention of their acquisition was to expand visitor serving amenities in and around the Village with potential improvements to include expanded parking, restrooms and other facilities.

The Big Bear Chamber of Commerce previously occupied the City-owned building located at 630 Barlett Road but has vacated that property as of October 2024. Other than the Chamber of Commerce, the existing building supports the only available public restrooms within the parking lot. When the Chamber of Commerce Lease was considered by the City Council in both October 2019 and June 2021, it was noted that the intention was to eventually demolish the building due to its deteriorating condition. The initial thought process was to construct a replacement restroom facility to offset those that would eventually be lost due to the building demolition.

Given the increasing frequency of events in and around the Village, as well as the disposition of the existing Chamber of Commerce building and the opportunity for expanded parking along Beaver Lane, staff is contemplating the development of an event and public gathering space within the existing Bartlett Parking Lot. Cognizant of the eventual need to replace the existing public restrooms, staff’s intention was to upsize future improvements to accommodate the growing event demand in the area. Given the initial feedback from the Village business community indicating support for a permanent event space, as well as the ability to potentially offset any lost parking spaces within the newly acquired lots, the idea to design an event and public gathering space rather than simply replacing restrooms is something that staff is actively pursuing.

Staff’s initial ideas have included improvements such as a bandshell, a restroom, storage and multipurpose room, as well as the need to include expanded access to utilities. Given the multitude of desired improvements, as well as the need to create a space that contributes to and compliments the Village, staff thought it appropriate to contact a professional planning and design firm. Staff contacted SWA Group, who has been previously engaged with the City related to the conceptual design associated with the 19-acre property, and staff is impressed with their design aptitude and approach to projects of this nature. SWA Group has been in business for more than 50 years with offices throughout the United States and China and has completed the design and development of many large, complex, and similar projects throughout the world.

SWA Group is proposing to complete a conceptual design effort for this space that would result in the eventual provision of two (2) alternate approaches for the City’s consideration. The conceptual designs would be based upon site visits to the location, engagement with staff, and engagement with key stakeholders and the public. Staff anticipates identifying the key stakeholders to include existing Village property and business owners, event organizers who have conducted events within the Village, and Visit Big Bear, amongst others. In addition to solicit input from key stakeholders, staff and the consultant will facilitate opportunities for general public input and participation as an element of developing these concepts. These conceptual designs would then be utilized in public discussion with the City Council as staff would anticipate proposing a capital improvement project within a future budget process to coordinate the desired improvements within this space.

Should the City Council approve the proposed agreement, work would commence as soon as possible with the conceptual designs being delivered in early 2025.

FISCAL IMPACT
The proposed cost of this Professional Services Agreement is $33,000. Sufficient funding is available within the adopted Capital Improvement Program Budget.

ENVIRONMENTAL CONSIDERATIONS
This action is not subject to the California Environmental Quality Act (CEQA) as it is not defined as a project pursuant to Section 15378 of the CEQA Implementing Guidelines.

CONSIDERATION OF STRATEGIC PRIORITIES
This action aligns with the City Council’s Strategic Priority No. 1 as it “supports and invests in sustainable infrastructure projects and programs.”

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing a Professional Services Agreement with SWA Group for Conceptual Planning Services Related to Event Space within the Bartlett Parking Lot.

ATTACHMENT

1. Resolution No. 2024-XX
RESOLUTION NO. 2024-XX

RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH

SWA GROUP FOR CONCEPTUAL PLANNING SERVICES RELATED TO

EVENT SPACE WITHIN THE BARTLETT PARKING LOT
WHEREAS, the City of Big Bear Lake supports and permits a number of community and special events that take place annually in and around the Village, including the Summer Concert Series, the Fun Run Antique Car Show, Adventure Van Expo, and various athletic events such as the Kodiak Ultramarathon; and,
WHEREAS, common areas for these events to be hosted in include the Village L, Christmas Tree Corner, and the Bartlett Parking Lot; however, none of these areas are as established as permanent event spaces meaning that events may cause disruption to the normal activity within the area and all event support materials are required to be brought in for each event; and, WHEREAS, staff conducted a survey of Village businesses owners related to their feelings associated with special events in the area including the type and frequency of events, the location of these events, their appetite for additional events, as well as their interest in the development of a dedicated event space using a portion of the Bartlett Parking Lot; and, WHEREAS, the majority of the of survey responses indicated support for community events within the Village and a desire to see more community and special events, and support for the creation of a dedicated event space and gathering location for the Village; and, WHEREAS, recent developments and actions of the City Council, including the Big Bear Chamber of Commerce vacating the building at 630 Bartlett Road and the City Council’s purchase of two nearby lots on Beaver Lane, have enabled the opportunity to explore the development of a more permanent event space in and around the Bartlett Parking Lot; and, WHEREAS, staff’s initial thoughts for this space include improvements such as a bandshell, a restroom facility that is sized to meet event demand, storage and multipurpose rooms, and the necessary utilities to support the demands of the events; and, WHEREAS, given the multitude of desired improvements, as well as the need to create a space that contributes to and compliments the Village, staff thought it appropriate to contact a professional planning and design firm to assist in shaping the conceptual design of this space; and, WHEREAS, staff contacted SWA Group, who is a well-qualified landscape architecture and design firm who has been in business for more than 50 years and has completed the design and development of many large, complex, and similar projects throughout the world and the City previously retained SWA Group for conceptual design services related to the 19-acre property; and,
WHEREAS, SWA Group is proposing to complete a conceptual design effort for this space that would result in the provision of two (2) alternate conceptual approaches for that would be based upon a site investigation and review, understanding the potential interconnection with the Village, Item 3.1
Attachment 1
and engaging with stakeholders such as key event organizers and Visit Big Bear as well as soliciting general public input and participation in this proces; and, WHEREAS, should this be approved, SWA Group would begin work immediately with the conceptual designs being delivered to the City in early 2025 and staff will consider bringing these ideas forward as a part of a future Capital Improvement Program development during the annual budget process; and,
WHEREAS, SWA Group is proposing to complete the scope for conceptual design services for a cost not to exceed $33,000 and funding is available within the adopted Capital Improvement Program Budget.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:

1. A Professional Services Agreement with SWA Group for Conceptual Planning Services Related to Event Space in the Bartlett Parking Lot is authorized in the amount of $33,000.

2. The City Manager is authorized to execute all necessary documents in a form approved by the City Attorney.

PASSED, APPROVED AND ADOPTED this 13th day of November, 2024.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is four; that the foregoing resolution, being Resolution No. 2024-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 13th day of November, 2024 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Erica Stephenson, City Clerk
Item 3.2
Please note- The Public Hearing for this Item was held at the City Council’s October 9, 2024 Regular Meeting and the Public Hearing was closed by Mayor Perri Melnick during that same meeting. The City Council requested that this Item be continued to the November 13, 2024 Regular Meeting, so that the City Council could continue their discussion and consideration of this Item.

MEETING
DATE:

TO:

October 9, 2024
Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Andrew Mellon, Community Development Manager
Nathan Castillo, Senior Planner
SUBJECT: Ordinance Approving Development Code Amendment 2023-068 to Remove Future Certain Commercial Land Uses and Limit Development of Single-Family Detached Dwelling Units in the R-3 (Multiple Family) Zone District Citywide

BACKGROUND & DISCUSSION
In October 2022, the California Department of Housing and Community Development certified the City of Big Bear Lake’s adopted Housing Element. In the time since, staff has worked toward the implementation of the goals and policies included within the adopted Housing Element. One of the key policies within the plan is to “ensure availability of adequate land capacity to allow for different densities suitable for a variety of types of housing for all income levels, including rental housing and manufactured housing” (Policy H1.1). Under Program H1-B of the Housing Element, the City committed to “protect the R-3 zone from incompatible land uses and to encourage the development of multiple family housing.” Incompatible land uses to the R-3 Multiple-Family Zone include any commercial land use that could otherwise be developed as a Multiple-Family Development. This proposed action is a result of the development and outreach processes associated with the preparation of the 2021-2029 Certified Housing Element.

With a focus on allowable land uses, staff conducted a study session with the Planning Commission on June 7, 2023 to discuss appropriate R-3 land uses in support of Program H1-B.

Specifically, the Planning Commission considered eliminating single-family uses and commercial uses from the R-3 zone. At the conclusion of the study session, the Commissioners provided direction to remove all future commercial developments (i.e. commercial lodging, extended stay lodging, fraternal organizations/clubs, and museums) from the R-3 Zone. In addition, the Commission sought to allow single family development only on smaller lots within the R-3 zone.

On August 16, 2023, at a duly noticed Public Hearing and prior to any staff presentation regarding DCA 2023-068, the Planning Commission discussed the desire for increased notification to all R3 property owners of parcels of 7,200 square feet or greater. After this discussion, the Commission voted to continue the public hearing to the October 18, Planning Commission meeting with direction to staff to consider additional property owner notification.

At the October 18, 2023 Planning Commission Meeting, staff presented the proposed development code amendment based on the Commission’s discussion and direction at the June 7th study session.

Item 3.2
All commercial land uses were recommended for removal from the R-3 Zone and, with respect to single family development, staff determined that a single family residence may be constructed on any R-3 Zoned lot less than 7,200 square feet. This determination is based upon Development Code Section 17.25.030.D which requires a minimum lot size of 7,200 square feet for any multiple family development to occur.

The Planning Commission, based on staff’s presentation, recommended the following amendments to Table 17.25.030.A of the Development Code. Proposed changes are shown in red, and underlined for added language, and strikethrough for deleted text, as follows:

Table 17.25.030.A

PRINCIPAL USES PERMITTED IN RESIDENTIAL ZONES
Zone District R-L R-1 R-3 R-4
Residential Uses:

Single-family detached dwelling unit on one lot. P P P — Single-family detached dwelling unit on lots less
than 7,200 square feet in size P
Other Principal Uses:

Commercial lodging facilities (hotels, motels,
lodges, time-share units, bed and breakfast
establishments with 6 or more guest rooms),
provided that density of guest units does not exceed
12 per acre
— — CUP2 —
Extended stay lodging — — CUP —
Fraternal organizations, lodges, and private clubs — — CUP2 — Museums CUP CUP CUP —
The Planning Commission recommended that staff present the proposed Development Code Amendment, with the above outlined changes, to the City Council for approval. Additionally, the Planning Commission requested that City Council consider “actual notice” to all R-3 property owners prior to the consideration of this item. The Planning Commission’s request to consider actual notice is that the City provide an individual, mailed notice to all land owners of R-3 properties within the City to advise of this proposed change. In accordance with Big Bear Lake Municipal Code (BBLMC) 17.03.030, the City’s public notification process for items such as Development Code Amendments, is to place advertisement within the Grizzly Newspaper (legally adjudicated newspaper ) as specified within the BBLMC Section 17.03.030.

17.03.030.A.6 A one-eighth page display advertisement in a newspaper of general circulation within the city may be substituted for individual property owner notice, whenever the individual notice would require notification of one thousand (1,000) or more property owners.

All prior meetings, hearings, and actions of the Planning Commission have been noticed in accordance with these procedures since the adoption the Development Code in 2003. The recommendation to implement actual notice would exceed the legally required notification procedure and be inconsistent with the historic application of these procedures and could create issues for future notification procedures.

REQUIRED FINDINGS
Affirmation of the required findings, as provided under section 17.03.200.F of Title 17, can be made in support of the proposed Development Code Amendment, as follows:

1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan. Specifically, the proposed amendments would modify Table

17.25.030.A (Principal Uses Permitted in Residential Zones) of the Development Code with the intent to eliminate “commercial lodging facilities”, “extended stay lodging”, “fraternal organizations, lodges, and private clubs”, and “museums” from the R-3 zone district. In addition, “Single-family detached dwelling units” in the R-3 zone district are permitted only lots less than 7,200 square feet in size. The proposed amendment will not result in any change to the built-out environment as envisions by the General Plan or Development Code. As such, the proposed amendment can be found in conformance with the general plan.

2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare, because the amendment implements Program H1-B of the City’s adopted Housing Element. As such, the proposed amendment is a step in furthering efforts to better implement the current approved Housing Element in the general plan.

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof, because the proposed amendment supports future development of multifamily housing within the R-3 Multiple Family zone district, and the recommended threshold of 7,200 square feet for single-family development is consistent with section 17.25.030.D of the Development Code.

4. The proposed Development Code amendment is reasonable and beneficial at this time, because the proposed amendment will encourage and support development of needed and desired multifamily housing within the R-3 Multiple Family zone district.

FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended ordinance.

CONSIDERATION OF STRATEGIC PRIORITIES
This project aligns with Strategic Priority Goal No 5, to “preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.”

ENVIRONMENTAL DETERMINATION
The requested action is not considered a “project” under Public Resources Code Section 21065, and is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15061(b)(3), the “common sense exemption.” This section states “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

RECOMMENDED ACTION
It is recommended that the City Council conduct a public hearing to hear any and all testimony, read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake Approving Development Code Amendment 2023-068 to Remove Future Certain Commercial Land Uses and Limit Development of Single-Family Detached Dwelling Units in the R-3 (Multiple Family) Zone District Citywide, and Finding these Amendments Exempt from the California Environmental Quality Act.

ATTACHMENTS

1. Ordinance No. 2024-XXX and Exhibit A Recommended text changes, shown in redline

2. Planning Commission staff report, dated October 18, 2023 (without attachments) ORDINANCE NO. 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE APPROVING DEVELOPMENT CODE AMENDMENT 2023-068 TO

REMOVE FUTURE CERTAIN COMMERCIAL LAND USES AND LIMIT

DEVELOPMENT OF SINGLE-FAMILY DETACHED DWELLING UNITS
IN THE R-3 (MULTIPLE FAMILY) ZONE DISTRICT CITYWIDE, AND

FINDING THESE AMENDMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, on October 10, 2022, the State Housing and Community Development Department certified the City of Big Bear Lake’s adopted Housing Element City Council, thereby allowing staff to work towards implementing the adopted Housing Element policies and programs; and WHEREAS, the Planning Commission of the City of Big Bear Lake considered Development Code Amendment 2023-068 filed by the City of Big Bear Lake, to address Program H1-B of the Housing Element by evaluating land uses within the R-3 (Multiple Family) zone district; and WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; and to establish requirements for off-street parking, in compliance with the California Government Code. The City has adopted such an ordinance, referred to as the Development Code, adopted by Ordinance No. 2003-333, on September 8, 2003, and codified in the Municipal Code as Chapter 17; and
WHEREAS, section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, on June 7, 2023, staff conducted a study session with the Planning Commission at a duly noticed public hearing to discuss appropriate R-3 land uses in support of Program H1-B; and WHEREAS, on August 16, 2023, the Planning Commission conducted a duly noticed public hearing and by majority vote, the Application was continued to a regular meeting on October 18, 2023; and
WHEREAS, on October 18, 2023, the Planning Commission conducted a duly noticed public hearing on the Application. The Commission recommended City Council approval and consideration of “actual notice” to R-3 property owners; and
Item 3.2
Attachment 1
WHEREAS, the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The recommended amendments involve minor text changes only. None of the proposed amendments would directly result in any physical development, nor will the proposed amendments result in any change to the built-out environment as envisioned by the General Plan or Development Code. Therefore, the proposed Development Code Amendments are not a “project” under Public Resources Code section 21065, and, in the alternative, are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, on August 29, 2024, a 1/8-page display advertisement noticing the public hearing in lieu of individual property owner notice, as allowed by State law, was published in The Grizzly newspaper; and
WHEREAS, on October 9, 2024, the City Council conducted a duly noticed public hearing, and received and considered all written and oral evidence related to the Application; and WHEREAS, the City Council, after due study, deliberation and public hearing, took action to recommend approval of the Application in accordance with the General Plan goals and policies, the Development Code; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, the City Council of the City of Big Bear Lake does ordain as follows:

Section 1. The City Council hereby specifically finds that all of the facts set forth in the above recitals of this ordinance, are true and correct and are incorporated herein.

Section 2. The City Council hereby finds that the Application is not a “project” under Public Resources Code section 21065, and, in the alternative, are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
Section 3. Based on the evidence for the Application presented to the City Council during the October 9, 2024, public hearing, including public testimony and written and oral staff reports, the City Council specifically finds, pursuant to §17.03.200, et.al that the following circumstances exist:

1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan, in that the proposed amendments would modify Table

17.25.030.A (Principal Uses Permitted in Residential Zones) of the Development Code with the intent to eliminate “commercial lodging facilities”, “extended stay lodging”, “fraternal organizations, lodges, and private clubs”, and “museums” from the R-3 zone district. In addition, “Single-family detached dwelling units” in the R-3 zone district are permitted only lots less than 7,200 square feet in size. The proposed amendment will not result in any change to the built-out environment as envisions by the General Plan or Development Code. As such, the proposed amendment can be found in conformance with the general plan.

2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare, in that the amendment implements Program H1-B of the City’s adopted Housing Element. As such, the proposed amendment is a step in furthering efforts to better implement the current Housing Element in the City’s general plan.

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof.

4. The proposed Development Code amendment is reasonable and beneficial at this time, in that the proposed amendment will encourage and support development of needed and desired multifamily housing within the R-3 Multiple Family zone district.

Section 4. Based on the findings and conclusions as set forth in Sections 1, 2, and 3, above, the City Council hereby approves Development Code Amendment 2023-068 finding the amendment exempt from the California Environmental Quality Act and adopting an Ordinance amending Development Code Section 17.25.030 as shown in attached Exhibit A.

Section 5. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be posted in at least three (3) public places in the City in lieu of publication unless publication is requested by the City Council or otherwise required by law.

Section 6. The Ordinance shall become effective 30 days after its adoption.

PASSED, APPROVED AND ADOPTED this 11
th day of December, 2024.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is four; that the foregoing Ordinance No. 2024- xxx is a full, true and correct original of Ordinance No. 2024-xxx of the City of Big Bear Lake entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE APPROVING DEVELOPMENT CODE AMENDMENT 2023-068 TO

REMOVE FUTURE CERTAIN COMMERCIAL LAND USES AND LIMIT

DEVELOPMENT OF SINGLE-FAMILY DETACHED DWELLING UNITS
IN THE R-3 (MULTIPLE FAMILY) ZONE DISTRICT CITYWIDE, AND

FINDING THESE AMENDMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the 11 th day of December 2024, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2024-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk

EXHIBIT A

AMENDMENT TO
DEVELOPMENT CODE TABLE 17.25.030A

PRINCIPAL USES PERMITTED IN RESIDENTIAL ZONES
Development Code Section 17.25.030 is hereby amended to read as follows:

Table 17.25.030.A

PRINCIPAL USES PERMITTED IN RESIDENTIAL ZONES
Zone District R-L R-1 R-3 R-4
Residential Uses:

Single-family detached dwelling unit on one lot. P P P — Single-family detached dwelling unit on lots less than
7,200 square feet in size P
Other Principal Uses:

Commercial lodging facilities (hotels, motels, lodges,
time-share units, bed and breakfast establishments
with 6 or more guest rooms), provided that density of
guest units does not exceed 12 per acre
— — CUP2 —
Extended stay lodging — — CUP —
Fraternal organizations, lodges, and private clubs — — CUP2 — Museums CUP CUP CUP —
Item 3.2
Exhibit A
Community & Economic Development Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com DATE: October 18, 2023
TO: Planning Commission
FROM: Sue O’Strander, AICP, Director of Community & Economic Development SUBJECT: Development Code Amendment (DCA) 2023-068, R-3 Zone District Land Uses LOCATION: citywide

RECOMMENDED ACTION(S)
Staff has analyzed the proposed project, including the appropriate environmental assessment, and recommends that the Planning Commission:

1. Receive the staff presentation;

2. Open a public hearing; and

3. Adopt a resolution determining the project categorically exempt from the California Environmental Quality Act (CEQA) and recommending City Council approval of DCA 2023- 068 based on certain findings.

PROJECT DESCRIPTION
Development Code Amendment (DCA) 2023-068 proposes to remove future development of certain commercial land uses in the R-3 (Multiple Family) zone district citywide. Specifically, amendments to the Development Code (Title 17 of the Municipal Code) would include Table

17.25.030.A (Principal Uses Permitted in Residential Zones) where “Commercial lodging facilities”, “Extended stay lodging”, “Fraternal organizations” and “Museums” would be removed as conditionally permitted uses in the R-3 zone district. Also, “Single-family detached dwelling unit on one lot” would be amended to allow such residential use on lots less than 7,200 square feet in size.

This project was advertised to include a 3,630 square foot threshold for single family units.

However, after the public notice was posted, it became apparent that without changing the R-3 density allowances and a comprehensive environmental analysis, the threshold is limited to 7,200 square feet. This DCA was originally scheduled for Planning Commission consideration on August 16, 2023, and at that time, was continued by Commission majority to October 18, 2023.

PLANNING COMMISSION AUTHORITY
In accordance with section 17.03.200.D of the Development Code, the Planning Commission shall conduct a public hearing and render a recommendation to the City Council.

Item 3.2
Attachment 2
Development Code Amendment DCA 2023-068
Planning Commission Date: October 18, 2023

BACKGROUND
In accordance with Development Code Section 17.03.2060, the Development Code may be amended when deemed necessary or appropriate to protect health, safety and welfare or to implement the policies of the general plan.

When the General Plan was adopted, almost 25 years ago, the community expectations were focused on promoting tourism. As such, the land use tables reflected this sentiment with the inclusion of several allowed and conditionally allowed uses.

On June 7, 2023, the Planning Commission conducted a study session to consider certain land uses identified in the R-3 Multiple Family zone district. Staff initiated the study session to implement expectations under Program H1-B (Variety of Housing) of the City’s adopted 2021- 2029 Housing Element. Other components of that program have already been completed (i.e. creating a new R-4 zone district) and others such as density changes, are more appropriate in conjunction with the general plan process and will occur at a later date. At this time, the Commission is requested to focus on the underlined program language for this current effort:

GOAL H1 PROVIDE ADEQUATE SITES TO ACCOMMODATE PROJECTED HOUSING NEEDS.

Policy H1.1 Ensure availability of adequate land capacity to allow for different densities suitable for a variety of types of housing for all income levels, including rental housing and manufactured housing.

Program H1-B Variety of Housing
The City of Big Bear Lake recognizes that increased density in multi-family zones produces housing that is affordable to a variety of income groups and commits to the following program actions:

The City will evaluate a minimum and maximum density increase to the R-3 zone in order to protect the R-3 zone from incompatible land uses and to encourage the development of multiple family housing. The City will review and revise, as appropriate, the Land Use Element and Development Code to support a variety of housing and establish density minimums or increases.

The City will concurrently amend the Workforce Housing Sites and amend the Land Use Element of the General Plan to create a High Density Multiple Family Residential land use designation and corresponding R-4 Multiple Family Residential zone. The R4 zone will remove the 2-acre minimum lot size for these sites and will create a density range of 20 units/acre minimum and 24 units/acre maximum (which may be increased with affordable housing density bonuses).

Development Code Amendment DCA 2023-068
Planning Commission Date: October 18, 2023

PROPOSED AMENDMENTS
At the June study session, the Planning Commission supported removal of several commercial land uses identified in Table 17.25.030.A (Principal Uses Permitted in Residential Zones). These include commercial lodging facilities, extended stay lodging, fraternal organizations, lodges, private clubs, and museums.

With regard to single-family land uses, the Planning Commissioners recognized that many smallsize lots exist in the R-3 zone district, which may not be sized to accommodate anything but a single-family home. Staff indicated that additional research would be needed to confirm an appropriate threshold or cutoff lot size. The Commission supported single-family uses on smaller lots, but not on larger lots so as to encourage desired multifamily development.

Utilizing the Residential Land Inventory (Appendix B) of the 2013-2021 Housing Element, staff determined there are about 1,046 individual lots designated lots in the R-3 zone district. Under the current minimum density of 12 dwelling units per acre, at least 3,630 square feet would be required for each unit. (This was calculated using 43,560 SF ÷ 12 = 3,630 SF per unit). By limiting single-family homes to lots smaller than 3,630 square feet, the potential build-out of the R-3 zone district would be increased by at least 794 units (or 43%).

While the project was advertised with the 3,630 square foot threshold for single-family uses, staff was not able to support reducing the lot size without an additional effort to change/increase the density and prepare a more comprehensive environmental analysis. Currently, the Development Code (§17.25.030.D) states “The minimum lot size on which multiple family dwellings may be established is seven thousand two hundred (7,200) square feet.” Therefore, at this time, staff proposes a threshold of less than 7,200 square feet to align with the current Code language.

Proposed changes to the Development Code are shown in red, and underline for added language, and strikethrough for deleted text, as follows:

Table 17.25.030.A

PRINCIPAL USES PERMITTED IN RESIDENTIAL ZONES
Zone District R-L R-1 R-3 R-4
Residential Uses:

Single-family detached dwelling unit on one lot. P P P — Single-family detached dwelling unit on lots less than
7,200 square feet in size P
Other Principal Uses:

Commercial lodging facilities (hotels, motels, lodges,
time-share units, bed and breakfast establishments with 6 or more guest rooms), provided that density of guest
units does not exceed 12 per acre
— — CUP2 —
Extended stay lodging — — CUP —
Fraternal organizations, lodges, and private clubs — — CUP2 — Museums CUP CUP CUP —
Development Code Amendment DCA 2023-068
Planning Commission Date: October 18, 2023

When land uses are removed from the table, these developed land uses will be deemed “legal nonconforming” if the necessary permits were obtained or if the use was in compliance with the codes and ordinances in existence at the time of establishments. For example, if “commercial lodge” is removed from the residential land use table, legally existing lodges may continue operations in accordance to the codes/ordinances that they were established under. However, they will not be able to expand or rebuild. In addition, any new such facilities would not be permitted in the R-3 zone.

ANALYSIS
General Plan Consistency
POLICY # SUMMARY OR INTENT CONSISTENCY ANALYSIS
H1-B
Ensure a variety of housing options in
the City. Specifically, protect the R-3
zone from incompatible land uses and
encourage development of multiple
family housing.

The amendment removes conflicting land uses to
encourage multifamily development in the multiplefamily R-3 zone district.

L 3.3
Maintain the integrity, safety and
attractiveness of residential
neighborhoods by pursuing compliance
with applicable codes and ordinance to
ensure maintenance of residential
areas.

Eliminating development of future commercial uses in the residential zone maintains the quality of life in the
residential districts. This, in turn, supports the intent of this policy.

Development Code Conformance
In accordance with section 17.03.200.D of Title 17 of the Municipal Code, the Planning Commission must conduct a public hearing to consider an amendment to the Development Code.

The Commission must determine whether the proposed amendment is consistent with all required findings and provide a recommendation to the City Council.

FINDINGS
Pursuant to Development Code Section 17.03.200, pertaining to development code amendments, the Planning Commission must determine the merits of the proposed project.

Based on the previous analysis and evaluation, the required findings can be supported:

1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan;

2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare; Development Code Amendment DCA 2023-068
Planning Commission Date: October 18, 2023

3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof; and

4. The proposed Development Code amendment is reasonable and beneficial at this time.

Therefore, staff supports consideration by the Planning Commission to approve the request with the recommended conditions included in the attached resolution.

ENVIRONMENTAL ASSESSMENT
The requested action is not considered a “project” under Public Resources Code Section 21065, and is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15061(b)(3), the “common sense exemption.” This section states “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

PUBLIC OUTREACH & INPUT
On August 3, 2023, notice of pending action on the proposed project in the form of a display ad was published in The Grizzly newspaper and posted as required by the Development Code (§17.03.030). In addition, the notices and Planning Commission public hearing packets are available through the City's webpage in advance of the meeting. As of the date of writing of this report, staff has not received any public correspondence on this matter.

As stated above, the single-family threshold was changed from the original advertisement of 3,630 square feet to 7,200 square feet. Since the new threshold provides more latitude than advertised, this is not considered to be conflicting.

APPEAL PROCEDURE
The Planning Commission’s action is not final, but rather a recommendation to the City Council.

As such, there is no appeal procedure and the matter will be scheduled before the City Council at a later date.

RECOMMENDED MOTION
Should the Planning Commission wish to approve the proposed project, the following motion is recommended:
“I move to adopt Resolution No. PC2023-XX recommending that the City Council adopt Development Code Amendment 2023-68 and finding the request categorically exempt from the California Environmental Quality Act, subject to certain findings and conditions.”
Attachments:

1. Recommended Resolution

MEETING
DATE: November 13, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Stephen P. Deitsch, City Attorney
SUBJECT: Authorize an Amendment to the City Manager’s Employment Agreement

BACKGROUND & DISCUSSION
At its regularly scheduled meeting on August 11, 2022, the City Council approved a City Manager Employment Agreement (“Agreement”) between the City and Erik Sund. Pursuant to Section 11 of the Agreement and in accordance with Section 54957 of the Ralph M. Brown Act, the City Council conducted a performance evaluation of the City Manager during closed session at the City Council meeting on October 9, 2024. The City Manager received a favorable performance evaluation.

At the direction of the City Council, the City Attorney has prepared a proposed First Amendment to the Agreement, which is attached to the proposed Resolution provided to the City Council with this Staff Report for adoption. The First Amendment provides that the City Manager’s annual base salary is increased five percent (5%) from $265,000 to $278,250. In addition, the Agreement currently provides, in pertinent part, that the City will pay the monthly premium cost of a Health Maintenance Organization (HMO) plan for the City Manager and his eligible dependents. The First Amendment provides that instead of an HMO, the City will pay the monthly premium cost of a Preferred Provider Organization (PPO) plan for the City Manager and his eligible dependents.

Pursuant to Government Code Sec. 54953 (c)(3), the City Council is required to cause an oral report of a summary of the recommendation for a final action concerning the salary and benefits of the City Manager during an open session of a regularly scheduled City Council meeting at which the action is to be taken. This Staff Report and the corresponding oral presentation of this matter by the City Attorney in open session of the November 13, 2024, City Council meeting satisfy this requirement.

FISCAL IMPACT
The proposed First Amendment includes an increase of $13,250 in the annual base salary of the City Manager. The City’s costs under the First Amendment will also increase by approximately $5,000 for premium payments for a PPO plan instead of an HMO plan for the City Manager and his eligible dependents for the first year. The cost of this benefit will be subject to future change either up or down, which cannot be presently calculated, based on future changes to annual PPO plan premiums, plus any change in City Manager’s dependents’ eligibility. Funds are available in the current City budget to cover the costs of the First Amendment.

Item 3.3

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act (CEQA).

CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priorities as it invests in attracting, retaining and developing staff.

RECOMMENDED ACTION
It is recommend that the City Council adopt a Resolution Authorizing the First Amendment to the City Manager Employment Agreement.

ATTACHMENT

1. Resolution No. 2024-XX (including the proposed First Amendment) RESOLUTION NO. 2024-XX

RESOLUTION AUTHORIZING THE FIRST AMENDMENT TO

THE CITY MANAGER EMPLOYMENT AGREEMENT
WHEREAS, at its regularly scheduled meeting on August 11, 2022, the City Council of the City of Big Bear Lake approved a City Manager Employment Agreement (“Agreement”) by and between the City and Erik Sund; and
WHEREAS, pursuant to Section 11 of the Agreement and in accordance with Section 54957 of the Ralph M. Brown Act, the City Manager’s performance has evaluated by the City Council and the City Manager received a favorable evaluation; and
WHEREAS, in accordance with the requirements of the Ralph M. Brown Act, a proposed First Amendment to City Manager Employment Agreement is provided to the City Council for its approval following an oral report by the City Attorney in open session at the November 13, 2024, Regular Meeting of the City Council; and
WHEREAS, the First Amendment provides for a five percent (5%) increase in the base salary of the City Manager, and a benefit change from a Health Maintenance Organization (HMO) plan to a Preferred Provider Organization (PPO) plan for the payment of monthly healthcare premium costs by the City for the City Manager and his eligible dependents.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:

SECTION 1. The City Council hereby approves the First Amendment to City Manager Employment Agreement (Exhibit A), a copy of which is attached hereto and incorporated herein by reference. The Mayor is authorized and directed to execute the First Amendment on behalf of the City.

SECTION 2. This Resolution shall take effect upon its adoption.

PASSED, APPROVED AND ADOPTED this 13th day of November, 2024.

Perri Melnick, Mayor
ATTEST:

Erica Stephenson, City Clerk
Item 3.3
Attachment 1

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is four; that the foregoing resolution, being Resolution No. 2024-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 13th day of November, 2024 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

CITY OF BIG BEAR LAKE

FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
This First Amendment to City Manager Employment Agreement (the “First Amendment”) is entered into this 13th day of November, 2024, by and between the City of Big Bear Lake, California, a charter city and municipal corporation in the State of California (“City” or “Employer”) and Erik Sund (“City Manager” or “Employee”) with respect to that certain City Manager Employment Agreement dated August 11, 2022, by and between City and City Manager (the “Agreement”).

Whereas, during the course of his employment under the Agreement, City Manager has performed with dedication, competence and hard work, and has received a favorable employment evaluation by the City Council; and
Whereas, as a result thereof, the City Council and City Manager would like amend the Agreement in order to increase City Manager’s compensation and to substitute a City payment of the monthly premium cost of a Preferred Provider Organization (PPO) plan in lieu of the premium cost of the Health Maintenance Organization (HMO) plan as currently provided in the Agreement.

NOW THEREFORE, City and City Manager agree to amend the Agreement as follows:

1. Subsection A of Section 3 of the Agreement entitled “COMPENSATION” is hereby amended by deleting “two hundred sixty-five thousand dollars (‘$265,000.00’)” and by substituting therefor “two hundred seventy-eight thousand two hundred fifty dollars (‘$278,250.00’).” The payment of thisincreased compensation shall begin in the first management employee pay period following the date first written above.

2. Subsection A of Section 4 of the Agreement entitled “BENEFITS” is hereby amended by deleting “Health Maintenance Organization (HMO)” and by substituting therefor “Preferred Provider Organization (PPO).”

3. Except as modified by this First Amendment, the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, this First Amendment has been executed by City and City Manager as of the date first written above.

CITY OF BIG BEAR LAKE CITY MANAGER
________________________________ ________________________________ Perri Melnick, Mayor Erik Sund, City Manager
City of Big Bear Lake
Item 3.3
Exhibit A

MONTHLY & MISCELLANEOUS

REPORTS

AGENDA REPORT
Service, Quality, Community
DATE: October 22, 2024
TO: Board of Commissioners
FROM: Reginald A. Lamson, General Manager
RE: General Manager’s Report
Capital Projects
Garstin Water Operations Facilities:

On October 17, 2023, WSC, DWP, and USDA conducted a Teams meeting to meet the new USDA personnel and receive comments to the draft Preliminary Engineering Report (PER).

USDA was also interested in possibly funding the solar component, what storm damage occurred during the 2022/23 winter storms, and grant funding to help maintain current capital spending levels. On July 5, 2024, Staff and WSC submitted the final draft of the PER to USDA for review.

Staff submitted additional requested data to the USDA engineer on July 8, 2024. The engineer requested additional data on July 16, 2024, and staff completed the request on July 17, 2024.

On July 31, 2024, DWP and USDA had a zoom meeting to discuss their review of the PER. On August 2, 2024, Staff submitted a Sole Source Procurement Request for the Solar equipment, electrical service, battery backup, and backup generator; a revised project cost estimate that described some of the line items and reallocated the costs on those line items, but the total project cost is still the same; the final NEPA environmental report; and an Interim Finance Waiver Request. On September 12, 2024, USDA provided a revised version of the PER for our review. Staff and WSC reviewed this version of the PER, filled in most of the requested data, and submitted it to USDA on September 13, 2024. On September 17, 2024, USDA, WSC, and staff had a Teams meeting and USDA provided additional information to assist staff in completing the PER. Staff submitted additional data before noon on September 17, 2024, and USDA is finalizing the PER for submittal to Washington DC. On October 8, 2024, USDA had a few clarification questions regarding the PER and informed us that the interest rate dropped from

3.25% to 3.125. USDA hopes to have a Letter of Conditions for us to consider in two to three weeks. USDA assured us that funding will be in place so that we can start construction in Spring of 2025.

DWP staff has advised Big Bear Mountain Resort (BBMR) staff that relocating the snowmaking pipeline is no longer required for the project. BBMR located (potholed) their snowmaking pipeline within DWP’s Garstin site and has finalized their scope of work to line the existing pipeline. BBMR lined a section of their pipeline through the Garstin site, during the week of September 9th. BBMR has completed their lining work.

General Manager’s Report
October 22, 2024

On December 7, 2023, Staff worked with South West Gas staff and determined the location of their facilities (standard and high-pressure gas lines) within the existing easements on the east side of DWP’s property, near the K-Mart Parking lot.

On January 8, 2024, Staff met with City staff regarding Planning Commission scheduling, permitting, and drainage modifications near the existing customer parking area. City staff provided some of the Planning Commission’s preferences and PBK has incorporated some of those preferences into the Garstin Plans .

PBK and staff met with the City on April 30, 2024 to finalize the Planning Commission’s submittal requirements. City staff liked the revisions that were made to the project elevations.

City staff provided PBK with the requirements for a submittal to the Planning Commission. PBK submitted plans for review during the week of July 22nd. On August 28, 2024, PBK presented the Project to DRC, received minor comments, and submitted revised plans to the Planning Department on September 10, 2024. The Planning Commission approved the Garstin Project during their meeting on October 2, 2024.

On January 18, 2024, Staff met with Bear Valley Electric Service (BVES) staff regarding upgrading the electric/solar service for the Garstin Site and the electrical service for Lake Plant Well Nos. 5 & 6 sites. BVES is fine with eliminating the current electric services for Lake Plant Well Nos. 5 & 6 sites and combining them with the upgraded Garstin electric/solar service. On October 16, 2024, DWP submitted an application to upgrade the electrical service for the Garstin Facility.

DWP staff has replaced certain sections of mainline on the Garstin site in anticipation of constructing the new facilities.

Replenish Big Bear (No Change):

The Replenish team submitted a work plan to evaluate existing domestic wells within 200 feet of the high-water level and determine if the Project will impact their water quality. Approximately eighty (80) private wells have been located. Of these 80 wells, only 41 of them are within 200 feet of the lakes high water level. Most of these wells are drilled within alluvium and will not be impacted by the Project. Tom Harder will have a report on which wells, if any, will be impacted by the Project. The 100% RO treatment also reduces or eliminates the blending requirement for percolating reclaimed/lake water into Sand Canyon. The meeting with DDW has greatly enhanced the feasibility of the project and the Replenish Team is preparing a detailed percolation plan for DDW’s consideration.

Tom Harder is finalizing his report on which wells (within 200’ of the high-water line), will be impacted by the Replenish Big Bear Project. The current lake level is about 4-feet from full, which is higher than it has been since 2012. The high lake levels allow for an easy comparison of lake levels versus static water levels. Tom has provided a list of 10 wells, around the lake, that he would like surveyed to compare lake level versus static water level. Mike Stephenson and I have surveyed 4 of the 10 wells and hope to complete the survey over the next couple of weeks.

WSC was authorized to finalize the permit application to the Regional Board and submitted the Report of Waste Discharge package on February 28, 2022. The Regional Board provided informal comments and requested additional information during the month of May 2022. WSC General Manager’s Report
October 22, 2024

provided additional information on June 1, 2022. Regional Board provided comments on August 26, 2022. On September 15, 2022, BBARWA sent a letter to the Regional Board requesting clarification regarding Surface Water Augmentation regulations. The Replenish team submitted the additional information requested within the August 26, 2022 Regional Board Letter on October 14, 2022.

On August 25, 2021, BBARWA approved a MOU for agencies that may benefit from Replenish Big Bear Project. The MOU has been distributed to other valley agencies for consideration. CSD approved the MOU on September 20, 2021, DWP approved the MOU on September 28, 2021, and the City of Big Bear Lake City Council approved the MOU on November 1, 2021. The Replenish Big Bear Team met with County Supervisor representatives and gave them a draft of the MOU for their consideration. The County approved the MOU in July 2022. The Replenish Team is working with each agency to determine how and how much they can contribute towards the project. Each agency will pay their “fair Share” of the O&M costs and possibly capital costs, which will reduce the project costs for the general public. DWP’s proposed annual cost for percolation within Sand Canyon was presented to and approved by the Board on September 27, 2022. Additional cost-sharing meetings have been conducted.

Environmental Scoping Meetings and the Public comment period have been completed. A project Piloting schedule is provided with the project charts. Grant Funding opportunities are discussed below. Follow-up meetings to respond to some of the comments submitted during the Environmental Comment period were conducted with Mojave Water Agency and East Valley Water District during March. The Replenish team will continue to work with these Agencies and their concerns will be addressed within the environmental documents. Pilot testing of proposed treatment equipment continues and BBARWA provided tours of the pilot equipment on July 19, 2023.

David Lawrence provided a Project update Power Point Presentation during the September 26, 2023 Board meeting. A similar presentation has been given to CSD and BVBGSA. The draft EIR will be presented to the BARRWA Board on December 19, 2023 for final comments.

On March 19, 2024, BBARWA had a special meeting to update the public on the Replenish Big Bear Project and receive direction from the Board after the presentation. The meeting was well attended, and many members of the public spoke in favor and against the Project. The majority of the public were in favor of the project. Some of the Board members had some concerns and staff needed additional time to properly address their concerns. BBARWA staff have contacted WIFIA (the primary funding agency), and they indicated that a 6-month pause would not affect the terms of the loan. Over the next 2 to 3 months, BBARWA and other Bear Valley stakeholders will work together to develop letters of intents to better defined how each agency will participate with the project and a public workshop will be conducted to further educate the public about Project details. Pilot testing is now complete. The design consultant estimates that pilot study results and revised cost estimates will be available in the fall of 2024. A public workshop was conducted, and the treatment equipment met or exceeded expectations.

On August 12, 2024, the BBARWA Board considered certifying the environmental impact report and voted not to certify it. BBARWA has a meeting scheduled for September 25, 2024, to determine next steps.

General Manager’s Report
October 22, 2024

Grants Update:

Staff submitted two USBR Grant applications on October 5, 2021, one for the Wolf Reservoir & Boosters Replacement Project and one for the Division No. 9 Well & Well Pumping Plant Project. The grants required a 50% grant match. The USBR notified the DWP that we were not selected for this round of funding. We attended a debrief meeting with USBR on March 24,2022.

Staff incorporated USBR’s comments and submitted two USBR Drought Resiliency Grant applications on June 15, 2022; one for the Wolf Reservoir Boosters & Pipeline Project and one for the Division No. 9 Well Drilling & Equipping Project. On December 22, 2022, the USBR notified the DWP that we were selected for funding in the amount of $1,600,000 for the Wolf Reservoir & Boosters Replacement Project. This grant will provide 50% funding for the Wolf Pipeline Replacement Project. The grant agreement is finalize and USBR issued a Notice of Award.

We were not selected for funding for the Division No. 9 Well & Well Pumping Plant Project.

On January 11, 2023, staff attended a debrief with USBR staff for the Division No. 9 Well & Well Pumping Plant Project and reapplied for the equipping portion of the Division No. 9 Well Project. Staff received additional information from USBR and we incorporated those comments into the grant application. On November 6, 2023, staff submitted a grant application with the USBR for the Equipping Division Well No. 9 Project. The grant requires a 50% grant match. On May 6, 2024, the USBR notified the DWP that we were selected for funding in the amount of $500,000 for the Equipping Division Well No. 9 Project.

Staff submitted two USBR Small Scale Grant applications on April 28, 2022, for the Pontel Hydropneumatic System and the 6th Lane Pipeline Replacement Project. Each grant is for up to $100,000 and require a 50% match. On January 5, 2023, the USBR notified the DWP that we were selected for funding in the amount of $100,000 for the Pontel Hydropneumatic System.

The grant agreement is finalized and USBR issued a Notice of Award.

On March 9, 2023, WSC informed staff of a Community Project Funding Request Grant that is being administered through Jay Obernolte’s office. The proposed Garstin Water Operations Facilities meets many of the requirements for this grant. Staff worked closely with WSC and on March 17, 2023, staff submitted a $1,500,000 grant application to Jay Obernolte’s office. The application included nine letters of support from local agencies and politicians. Staff appreciates everyone that provided letters of support in a timely fashion. The Garstin Project was not selected for this funding opportunity. On April 29, 2024, WSC informed staff of the Fiscal Year 2025 Appropriations Request grant opportunity through Jay Obernolte’s office. Staff submitted a $1,500,000 grant application for the Garstin Water Operations Facilities and obtained letters of support from CSD and the County of San Bernardino. On May 29, 2024, we received communication from Jay Obernolte’s office that the requested funding of $1,500,000 for the Garstin Water Operations Facility is being recommended to be awarded funding through Appropriations. Final decision from Washington DC is expected in December.

On February 22, 2024, staff submitted an application with the USBR for the Solar Backup Power SCADA Project. The grant requires a 50% grant match. The Project will address the problem of frequent power outages in the Bear Valley and its impact on our SCADA systems functionality.

The Solar Backup Power SCADA Project will ensure that even during power outages and natural disasters, the SCADA system components will continue to communicate with each other, communicate data real-time to staff’s mobile devices, reduce greenhouse gas emissions, and minimize water loss. The requested grant amount is $289,787.50 for forty-five SCADA site General Manager’s Report
October 22, 2024

upgrades and solar battery backup systems. DWP was notified that this request was not funded and on August 22, 2024, staff had a debrief meeting with USBR and we plan to resubmit in January 2025.

On July 9, 2024, staff submitted an application with the USBR for the Smart Meter Replacement Project. The grant requires a 50% grant match. The Project will replace existing AMI meters that are approaching the end of their battery life with Smart Meters, that were discussed during the June Board meeting. The requested grant amount is $100,000 and the total project cost for this phase is $225,000. On September 12, 2024, USBR notified DWP that the application has been rejected. Staff plans on resubmitting in 2025.

Grant applications for the Replenish Big Bear Project (Project) are as follows:

1. SAWPA/DWR - DCI Technical Assistance Grant: The Project team submitted an application for a $500,000 grant on September 26, 2019. On November 19, 2019, the SAWPA Board approved an agreement to provide a $500,000 planning grant. This grant is being used to reimburse the four BVBGSA agencies for a portion of project planning costs.

2. SAWPA/DWR – Prop 1 IRWM Grant: The Project team submitted an application for a $4,500,000 grant on November 1, 2019. DWR notified the project team that our application is recommended for funding. Final award has been completed. This grant will reimburse the four BVBGSA agencies for project planning costs and fund a portion of the Project construction costs.

3. USBR – Title XVI Grant: The Project team submitted an application for a $7,025,643 grant on April 22, 2021. The Administration’s recent increase in funding for the drought stricken western states, along with an enhanced grant application, should improve our chances of receiving this grant. USBR has recommended a $1,700,000 grant to help fund design, permitting, and pilot testing activities

4. The Replenish Big Bear Team had a Zoom Meeting with Congressman Obernolte on April 20, 2021. The Congressman informed us that he would be submitting Appropriations Applications and would like to include the Replenish Big Bear Project.

The team submitted an application to the Congressman on April 22, 2021. Congressman Obernolte informed BBARWA that Congress has awarded the Replenish Big Bear Project $960,000. Additional funding opportunities will be available next fiscal year.

5. On November 19, 2021, The Replenish Big Bear Team submitted a $50,000,000 DWR grant application for consideration. DWR staff has stated that they are open to awarding partial funding for projects and encouraged us to request the full amount. Replenish Big Bear was not recommended for this funding. DWR informed the Replenish Big Bear Team that additional funding is now available, and they are reevaluating our current application.

6. USBR – Title XVI Grant-Phase II: The Project team submitted an application for a $8,267,112 grant on March 11, 2022. BBARWA has been recommended for this funding.

7. The Replenish Big Bear Team had a Meeting with Congressman Obernolte regarding a possible 2022 Appropriation Application. The Congressman informed us that he would General Manager’s Report
October 22, 2024

be submitting Appropriations Applications and would like to again include the Replenish Big Bear Project. The team submitted an application to the Congressman in May 2022.

This request has been included in the Federal Budget.

8. On June 13, 2024, Replenish Big Bear was recommended for another $9,052,543 in funding through the Title XVI grant program.

Replenish Big Bear Grant Summary:

Grant Amount Status
DCI Technical Assistance $500,000 Awarded and Fully Funded IRWM Prop 1, Round 1 $4,563,338 Awarded, In Process
2021 Title XVI $1,600,000 Awarded, In Process
2022 EPA STAG $960,000 CEQA and NEPA must be
completed prior to an Award
2022 Title XVI $8,267,112 Recommended for Funding
2023 EPA STAG $1,000,000 CEQA and NEPA must be
completed prior to an Award
2024 EPA STAG $1,000,000 Recommended for Funding
2024 Title XVI $9,052,543 Recommended for Funding
Total $26,942,993
SAWPA Santa Ana River Watershed Weather Modification Pilot Program (No Change):

On November 23, 2021, the Santa Ana Watershed Project Authority (SAWPA) provided a presentation to the Board on the Santa Ana River Watershed Weather Modification Pilot Program (Program). The Board requested staff investigate the Program and bring it back to the Board. On January 25, 2022, the Board approved financial support for the Program in the amount of $3,000 annually for four years.

On October 13, 2022, we received the following update from SAWPA: “Unfortunately with the timing of CEQA completion for the project in June and securing an operations contractor in early August, we were unable to get the pilot project operations contractor on board in sufficient time to make the Nov. 2022 seeding start date, particularly with the need to execute 10 separate local seeding site operator agreements in the watershed. Consequently, the pilot project was postponed to start seeding to November 2023. In some ways, the delay works better for our efforts to secure 50% grant funding from the State as well since this grant funding would not be available from the State until late 2023.”
On August 16,2023, participating partners received the attached update. The highlights are as follows:

1. The project received $861,400 in Prop. 1 grant funding from DWR.

2. Biological Surveys are underway.

3. Equipment Set-Up is scheduled for September/October 2023 General Manager’s Report
October 22, 2024

4. 1
st Year Operation Period November 15, 2023 – April 15, 2023

5. 1
st Year Pilot Report June 1, 2023
On November 15, 2023, SAWPA announced that the Program went live on that day and will continue through April 2027. For more information, visit the weather modification webpage at https://sawpa.gov/santa-ana-river-watershed-weather-modification/. SAWPA also established an email address, [email protected], for public inquiries regarding the Program.

Board members attended a SAWPA presentation and tour of the Weather Modification Pilot Program on Tuesday, April 9, 2024.

Bear Valley Basin Groundwater Sustainability Agency (No Change):

On February 16, 2023, the BVBGSA had a Board meeting. The primary purpose of the meeting was to consider a proposal from Tom Harder and Associates to prepare the first Groundwater Sustainability Plan (GSP) Annual Report. The annual report is a requirement of the GSP. The report contains groundwater level information, water pumping information, and computes groundwater storage volume for the Bear Valley Basin. The BVBGSA Board approved the proposal and the funding of $10,277.50 will come from each of the four member agencies. The GSP Annual Report was submitted to DWR on April 1, 2023.

On June 20, 2023, the BVBGSA had a Board Meeting. The primary purpose of the meeting was to adopt the FY 2023/24 Budget. David Lawrence provided an update on Replenish Big Bear to the Board including the following: The Replenish Big Bear Team will be submitting the Pilot Study Report to the Regional Board. The pilot equipment including the UV disinfectant and advanced oxidation process have been delivered. BBARWA will be piloting the equipment through September to ensure we can support the claims that we have made for the Replenish Big Bear Project. On July 19, 2023, BBARWA held an Open House and Pilot Tour. From 2:00 pm - 3:00 pm, the Regional Board and local Board members had an opportunity for a Pilot Tour and the public was invited to join BBARWA from 3:00 pm - 6:00 pm. Over 300 people attended the event.

On November 13, 2023, the BVBGSA Board approved an agreement with Tom Harder to prepare the GSP 2022/23 Annual Report contingent upon concurrence of approval by the member agencies that will be responsible for reimbursing the BVBGSA. The 2022/23 Annual Report was filed with DWR-SGMA on March 21, 2024.

Department of Water, City of Big Bear Lake
41972 Garstin Drive, P.O. Box 1929 · Big Bear Lake, CA 92315-1929 · Phone 909/866-5050 · Fax 909/866-3184 · www.BBLDWP.com This institution is an equal opportunity provider and employer.

DEPARTMENT OF WATER

Service, Quality, Community
DATE: October 22, 2024
TO: Erik Sund, City Manager
FROM: Reginald A. Lamson, DWP General Manager
RE: DWP Monthly Update – September 2024

SERVICE DELIVERY
Water services that were provided September 1, 2024 to September 30, 2024:
15,992 Customers provided with water service.
348 Field service calls completed.
1 Main leak repaired.
7 Main leaks year-to-date 2024 6 Main leaks year-to-date 2023 11 Service leak repairs
53 Service leaks year-to-date 2024 58 Service leaks year-to-date 2023

61.66 Million gallons produced by wells.
$950,269 Processed in billings.
8,374 Accounts processed in billings.
3,678 Number of customers on E-bill
114 New Accounts (includes tenant turnover).

9.025 Equivalent Dwelling Units (EDU) added to the water system. $1,017,089 Total Gross receipts processed.

BOARD MEETINGS:

The following was approved by the Board of Water and Power Commissioners at a Regular Board Meeting on September 24, 2024:
• The Board adopted Resolution No. DWP 2024-16 approving an amendment to DWP’s Conflict-of-Interest Code. • The Board approved Amendment No. 9 to WSC CIP Agreement for Design and Construction Management Services modifying Amendment No. 5 for the Pontell Hydropneumatic System Project. • The Board approved Amendment No. 3 to WSC On-Call Services for Assistance in Obtaining Cal-Trans Permits for the installation of two Water Services.

THE SEPTEMBER AND OCTOBER

VISIT BIG BEAR REPORTS WILL BE
AVAILABLE AT THE DECEMBER 11th
CITY COUNCIL MEETING.

October 2024 Vacation Rental Compliance Report Summary
October 2024 Summary of Service Calls Number % Of Total Vacation Rental Advertising without a License 6 15%
Vacation Rental Renting without a License 1 3%
Vacation Rental Noise/Party 12 31%
Vacation Rental Parking on Street or Yard 1 3%
Vacation Rental Parking too many cars 5 13%
Vacation Rental Spa after 10pm 1 3%
Vacation Rental No Exterior Sign 3 8%
Vacation Rental Trash Stored on Property 1 3%
Vacation Rental Over Occupancy 1 3%
Vacation Rental Fire Burning in Backyard 0 0%
Miscellaneous Issues 6 15%
Residential Parking Standards 0 0%
Construction 0 0%
Trash Cans Left on Property 2 5%
Total Amount of Service Calls 39 100%
October 2024 Call Summary
Resident Initiated Service Calls 27
City Initiated Service Calls 12
Total Amount of Service Calls 39
October 2024 Disposition of Service Calls Number % Of Total No Violation Observed by Officer/No Issue 8 21%
Issued Verbal Warning 12 31%
Issued Written Warning 4 10%
Issued Citation 10 26%
Issues Resolved Without Warning 2 5%
No issue/Out of Jurisdiction 1 3%
Issued NOV 2 5%
Total Vacation Rental Service Calls 39 100%
October 2024 Citation Recipients Number % Of Total
Owner 4 40%
Guest 2 20%
Agent 4 40%
Total Citations 10 100%
31%
8%
3% 13%
15%
5%
15%
3%
3%
3% 3%
Percentage of Service Calls
Vacation Rental Noise/Party
Vacation Rental No Exterior
Sign
Vacation Rental parking too
many cars
Vacation Rental Parking on
Street or Yard
Miscellaneous
Trash Can Left Out/Trash on
Property
Vacation Rental Advertising
without a License
Vacation Rental Spa after
10pm
Vacation Rental Trash Stored
at Vacant Property
Vacation Rental Over
Occupancy
Vacation Rental - Renting
without a License
Percentage of Service Calls
21%
31%
10%
5% 3% 5%
26%
No Violation
Observed by
Officer/No Issue
Issued Verbal
Warning
Issued Written
Warning
Issues Resolved
Without Warning
Referred to
outside agency
Issued Notice of
Violation
Issued Citation
Disposition of Service Calls
27 12 10

RESIDENT INITIATED SERVICE CALLS CITY INITIATED SERVICE CALLS CITATIONS ISSUED Call Summary