Big Bear Lake City Council
April 9, 2025

Program # Program Description Responsible Party Schedule Current Status PS 3.1.5 Actively encourage and support BBARWA in any
future requests to change its point of discharge, as
determined by the California Regional Water Quality
Control Board, from Lucerne Valley to the Big Bear
Valley, for local use of reclaimed water at the
appropriate time.

City Attorney, Department of
Water and Power, City Council
Ongoing No action needed to date.

PS 3.1.6 Provide ongoing communication and coordination with BBARWA regarding the City's sewer system
upgrades, including long-range planning, capital
improvement projects, inspections and maintenance
of the system, through the Utility Coordinating
Committee or other means as appropriate.

Department of Water, Sanitation
Division
Ongoing The City participates on BBARWA Board and Utility Coordinating Committee. Communication on planning is ongoing.

PS 4.1.1 On new development approvals, the City will require that the project applicant coordinates with utility
companies to ensure provisions of adequate access
to utility lines and facilities.

Building and Safety Division,
Public Works Division, Utility
Providers
Immediately upon
adoption; Ongoing
Implemented through the DRC review.

PS 4.2.1 As technological advances for alternative energy sources make these sources available and feasible,
actively participate in the long-term planning and
development of the infrastructure needed to support
their use, including but not limited to, recharge
stations.

Planning Division, Engineering
Division, Building and Safety
Division, Public Works Division
Ongoing Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations. Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels.

PS 4.2.2 Encourage the availability and installation of individual alternative energy systems in residential, commercial
and industrial uses through various means, including
but not limited to, streamlining the development
review process for these systems.

Planning Division, Building and
Safety Division, reviewing
authority
Immediately after
adoption; Ongoing
Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations. Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels.

PS 4.2.3 Support local, state and federal programs and
economic incentives for conservation and alternative
energy programs, and consider establishing City
incentives.

Planning Division, Building and
Safety Division
Immediately after
adoption; Ongoing
Widespread use of alternative energy not yet feasible in the City but the City continues to support efforts and evaluate funding opportunities, especially for vehicle charging stations. Solar energy is processed with a simple PV permit through Building & Safety to encourage residential and commercial use of solar panels. The City also complies with State requirements for a Greenhouse Gas Reduction/Climate Action Plan. THe CIty adopted its CAP in 2016 and has participated in the county-wide effort led by SBCTA to update a 2030 CAP (draft).

PS 4.3.1 Assist the Bear Valley Electric Service as needed in that agency's plans to upgrade capacity in the
distribution system for electricity to and within the
community.

Planning, Engineering, and
Building and Safety Divisions
Ongoing through
environmental review and
implementation
City processed and approved natural gas generating plant for Bear Valley Electric.

PS 4.4.1 Periodically review the City's cable television franchise agreement with respect to the needs of businesses,
residents, and public agencies in the community and
require appropriate upgrades to expand the service as
needed and as permitted by law.

Finance Division, City Manager,
City Council
1998 and ongoing Contract reviewed 2001, public television access added.

Big Bear Lake General Plan
Annual Report
March 12, 2025

Program # Program Description Responsible Party Schedule Current Status PS 4.5.1 Adopt regulations requiring the undergrounding of utility lines on new development except where this
requirement may be waived by the City Engineer
Planning Division to incorporate
regulations in Development Code
Update; Engineering Division
and reviewing authority to
implement
Adoption FY 1999-2000;
implementation ongoing
Implemented through the DRC review on new projects.

PS 4.5.2 Utilize Rule 20 funds and other available funding sources to underground existing utility lines along
major corridors and in scenic areas, particularly along portions of Big Bear Boulevard.

Engineering Division, City
Council
Ongoing Undergrounding of utility lines occurred in 2016/2017 along portions of Big Bear Blvd.

PS 4.5.3 Coordinate with utility companies through regular meetings of the Utility Coordination Committee and by
other means as appropriate, to limit the impact of
utility upgrades on the City's road system, limit
disruption to traffic, encourage consolidation of
transmission facilities and corridors to the extent
practicable, and encourage that utility work be
undertaken when the roadway will be otherwise
disturbed.

Public Works, Department of
Water and Power
Ongoing The City participates in the Utility Coordination Committee. The Engineering Division adopted new street cut guidelines in 2000 and distributed to the utility companies.

PS 5.1.1 Require review of proposals for major
telecommunication facilities, including towers,
monopoles or other visually obtrusive facilities,
through public hearing before the Planning
Commission; and allow administrative review and
approval of minor communication facilities, including
stealth antennas on existing structures which are not
visually obtrusive, at the discretion of the City Planner.

Planning Division and reviewing
authority
Ongoing Major projects reviewed through the DRC and Planning Commission. Required to be screened or camouflaged. Minor projects approved by staff. Process and standards included in Development Code Update 2003 and later updated in Chapter

17.14 in 2017.

PS 5.2.1 Incorporate applicable FCC standards into the review and approval process for communication facilities,
and ensure that the location, design and construction
of these facilities provide an acceptable level of safety to the public.

Planning Division and reviewing
authority
Ongoing Standards were part of the 2003 Development Code. Chapter

17.14 was adopted in 2017 to comply with current regulations.

PS 5.3.1 Adopt development standards for siting and design of telecommunication facilities which address the
following issues: location and co-location; site area;
setbacks; height; aesthetics and design; screening;
fencing; landscaping; concealment; lighting; and
accessory buildings.

Planning Division to draft
standards; Planning Commission
and City Council to adopt and
apply standards
Adoption FY 1999-2000;
implementation ongoing
Standards are in the Development Code and Chapter 17.14 was added in 2017 to comply with current regulations for wireless communications facilities.

PS 5.4.1 Allow public lands, buildings, structures and rights-ofway to be made available for use by communication service providers, provided that fair compensation is
paid for their use and that any damage is repaired by
the provider.

Planning, Engineering, Finance
Divisions, City Manager and City
Council
Ongoing The City has approved several communication providers to lease City sites.

Big Bear Lake General Plan
Annual Report
March 12, 2025

Program # Program Description Responsible Party Schedule Current Status PS 5.4.2 Ensure that applications by communication service providers to use City-owned land or improvements
are reviewed with respect to the following issues: fair compensation; conformance with land use,
environmental and permitting requirements;
encroachment permits and inspections; maintenance;
liability; removal and site restoration, if use is
discontinued; transfer of ownership; coordination
between affected departments and agencies; and
equitable treatment among providers.

Planning, Engineering, Finance
Divisions and City Manager
Ongoing The City has approved several communication providers to lease City sites and reviews these periodically as needed.

PS 6.1.1 Continue to cooperate with the Desert and Mountain Coalition of San Bernardino County and to implement
the Source Reduction and Recycling Element and the
Household Hazardous Waste Element.

Public Works Division, Finance
Division
Immediately upon
adoption; ongoing
Participation in JPA ongoing. Updates are needed to comply with current state laws.

PS 6.1.2 In cooperation with San Bernardino County and other affected agencies, assist in planning for a suitable site within the Valley for legal disposal, stockpiling and/or recycling of paving materials and construction debris.

Public Works Division, in
cooperation with Big Bear
Disposal
Ongoing Certain private construction companies have land use approvals to operate stockpiling of construction materials.

PS 6.1.3 Participate in exploring cost-effective alternatives to the disposal of solid waste in landfills.

City Manger's Office, Engineering
Division, Public Works Division,
in cooperation with other
agencies.

As needed; Ongoing The City participates in recycling, lake and forest clean up days, and sustainability events to provide residents services and education about alternatives.

PS 6.1.4 Maintain and improve the appearance of community trash collection sites throughout the City for visitors, while encouraging the long-term expansion of curbsite collection service for residents.

Public Works Division, in
cooperation with Big Bear
Disposal
Ongoing City has closed three Clean Bear sites. Site 1 has been expanded, screened, and upgraded. Review of the Clean Bear program is ongoing.

PS 6.2.1 Maintain the City's Household Hazardous Waste
collection site at the Garstin Yard, or other location as appropriate, and inform residents of the location and
hours of this service.

Public Works, in cooperation wit
the contracting agency
Ongoing Site provided by the City Public Works Yard and operates during normal business hours.

PS 6.2.2 Ensure that larger generators of hazardous waste take proper measures for its lawful disposal.

Fire Department, in coordination
with lead agencies.

Ongoing The Fire Department implements through plan review and annual inspections.

PS 6.2.3 In review of new development projects, evaluate the potential for soil contamination and require mitigation measures as appropriate.

Planning Division, Engineering
Division, reviewing authority
Ongoing Implemented by the DRC review process.

PS 6.2.4 Assist in informing the public of procedures and methods of disposal for hazardous wastes.

Planning Division, Fire
Department, Public Works
Department
Ongoing Began media campaign in 2001; San Bernardino County provides information at large community functions and at City's HHW Collection Area.

PS 7.1.1 Analyze the feasibility and impact on the District of consolidation of fire protection services within the
Valley.

Fire District and Governing Board Ongoing County and City fire services were consolidated in 2013.

PS 7.1.2 Provide input to other Valley-wide fire agencies within the Big Bear Valley regarding potential fire station
locations to provide for future adequate levels of
service throughout the Valley.

Fire District Ongoing No new stations planned to date.

Big Bear Lake General Plan
Annual Report
March 12, 2025

Program # Program Description Responsible Party Schedule Current Status PS 7.1.3 Pursuant to adopted mutual aid agreements and to the extent feasible, assist Valley Fire Agencies and
other outside jurisdictions by providing fire
suppression equipment and personnel to protect the
community.

Fire District Ongoing Local agencies continue to participate in mutual aid agreements.

PS 7.1.4 Support and encourage an educational program to enhance public fire prevention awareness.

Fire District Ongoing Fire Prevention Officer gives public and school presentations.

Public information brochures are available. Regular open house events are held at the Fire Station.

PS 7.1.5 In conjunction with fire agencies within the Valley, establish standards for street naming and adequately
illuminated, legible address numbers on structures, in
order to facilitate and improve upon emergency
response times.

Building and Safety Division, Fire
District
Immediate upon
adoption; Ongoing
Currently, addresses are assigned by the Planning Department.

The safety standards are established by the Uniform Fire Code and new development is subject to those rules.

PS 7.1.6 Monitor service levels with respect to needs for fire protection services in the City and make adjustments
as needed to achieve appropriate response times.

Fire District Ongoing Response times are reviewed by the Fire agency on an ongoing basis to ensure proper levels are maintained.

PS 7.1.7 Plan for and construct a new main fire station in a centralized location to meet current and future needs
for fire and emergency preparedness services.

Fire District and Governing Board 1998 and ongoing Station completed in 2000.

PS 7.2.1 Maintain information on deficiencies in fire flow and water pressure throughout the District, and implement
cost-effective improvements needed to correct these
deficiencies.

City Engineer, Department of
Water and Power, Fire
Department
Ongoing Annual Fire Hydrant inspections and fire flows are done to meet City standards.

PS 7.2.2 Incorporate needed and cost-effective water system improvements into the City's and Department of
Water and Power's Capital Improvement Programs,
and seek funding assistance for the improvements
through State and Federal grants and loans,
assessment districts, bond issues, and other means,
including participation by the Improvement Agency, as
appropriate.

City Engineer, Department of
Water and Power, Finance
Division
Ongoing 25-year Master Plan and 50-year Depreciation Plan implemented.

Water Reuse Planning underway in coordination with BBARWA.

PS 7.2.3 Require sufficient fire flow for new development proposals to meet current standards. For new
residential development, standards may be met
through alternative means as approved by the Fire
District, which may include, but are not limited to, the following measures: require the developer to upgrade
the water system; require installation of a monitored
fire alarm system; and/or require installation of
automatic fire sprinklers.

Fire District and reviewing
authority
Ongoing Handled through the development review and water meter connection process.

PS 7.2.4 Require approved emergency access for all new
development or phases thereof when deemed
necessary for public health and safety, pursuant to
Policy C 1.2.1
Engineering, Fire District and
reviewing authority
Ongoing Implemented through the DRC review process on new development projects.

PS 7.3.1 Annually review and adopt the appropriate edition of the Uniform Fire Code and adopt code amendments
as needed to address local conditions.

Fire Department and Building
and Safety Division
Review on a yearly basis Recommendations and changes to the Uniform Fire Code are done every three years and adopted by the City and Fire agency.

PS 7.3.2 The Fire Department shall participate in the
development review process by maintaining an active
presence in the Development Review Committee.

Fire Department and Planning
Division
Ongoing Fire Department participates in the DRC process as needed.

Big Bear Lake General Plan
Annual Report
March 12, 2025

Program # Program Description Responsible Party Schedule Current Status PS 7.3.3 Maintain and apply standard conditions of approval for all types of new development applications, and revise
as needed to ensure compliance with current codes.

Fire Department and Planning
Division
Immediate upon
adoption; Ongoing
Standard conditions developed and applied as appropriate.

PS 7.3.4 Through the annual business inspection program, ensure on-going code compliance by businesses
within the City.

Fire District Ongoing Inspections and compliance addressed for each business annually.

PS 7.4.1 Enforce the City's adopted slope density ordinance (Ordinance No. 90-191) as it may be amended from
time to time.

Planning Division, Fire District,
reviewing authority
Ongoing Implemented through the DRC review and plan check process on new development projects.

PS 7.4.2 Continue to administer the City's weed abatement program under contract with San Bernardino County.

Fire District Ongoing Ongoing program continued.

PS 8.1.1 Encourage the utilization of crime prevention
principles in the project planning and review process,
as a means of providing increased security in
residential, commercial, and industrial developments
while preserving the community's rural character.

San Bernardino County Sheriff's
Department and Planning
Division
Immediate upon
adoption; Ongoing
Implemented through the DRC review process to ensure adequate lighting, access, and visibility.

PS 8.1.2 Enhance public awareness and participation in crime prevention, encourage and promote the neighborhood
watch program and Citizen Patrol, and other
community oriented policing programs.

City Manager's Office and San
Bernardino County Sheriff's
Department
Immediate upon
adoption; Ongoing
The Citizen Patrol was supported by the City in the past and the City currently funds law enforcement officers at the Sheriff's Department.

PS 8.1.3 Adjust staffing for law enforcement services as needed to maintain an appropriate level of public
safety services in the City.

San Bernardino County Sheriff's
Department, City Manager, City
Council
Ongoing, in conjunction
with the budget process
Reviewed annually with the Sheriff's Department contract.

PS 8.1.4 Target pro-active patrols in areas which merit special attention based upon needs for law enforcement and
code compliance.

San Bernardino County Sheriff's
Department
Ongoing Code Compliance works with the Sheriff's Department on joint issues.

PS 8.1.5 Encourage expansion of the Neighborhood Watch
Program to help address the problems of propertyrelated crimes in vacant residential structures.

San Bernardino County Sheriff's
Department
Ongoing The City supports a CODE hotline and provides Code Officers through its Tourism Management Department.

PS 8.1.6 Support the provision of legal services and community assistance which complement law enforcement,
through ongoing coordination and funding support as
deemed appropriate.

City Manager, City Council Ongoing Through the Sheriff's Department, the City financially supports law enforcement officers to provide services.

PS 8.1.7 Provide enforcement services to ensure compliance with municipal codes and ordinances, to protect public
health and safety, preserve property values, and
maintain a clean and orderly environment for City
residents.

Code Compliance Division Ongoing The City maintains Code Compliance staff in Planning and in Tourism Management.

PS 9.1.1 Assist Bear Valley Unified School District in identifying suitable sites for future facilities and offer planning and engineering assistance in reviewing construction
and expansion plans for school facilities, to address
drainage, traffic, land use compatibility, and other
considerations as appropriate.

Planning and Engineering
Divisions
Ongoing as needed No new school sites proposed at this time.

Big Bear Lake General Plan
Annual Report
March 12, 2025

Program # Program Description Responsible Party Schedule Current Status PS 9.1.2 In review of development near school sites, ensure that street and lot placement, grade, fencing and
other design considerations are incorporated into the
design so as to minimize potential conflicts with
school uses.

Development Review Committee
and reviewing authority
Ongoing as needed Implemented through the DRC review process on new development projects.

PS 9.1.3 As appropriate, the City shall pursue agreements with the District to assist in the joint use of land for school, community, and associated park or recreation
purposes.

Planning Division, City Attorney,
City Manager, City Council
Ongoing No joint use proposals identified at this time. School sites used for youth sports.

PS 9.1.4 Cooperate with other jurisdictions and public or private agencies to work towards establishment of
post-secondary educational opportunities within the
City.

Planning Division Ongoing City is has worked with BBV Economic Partnership to hold Professional Development Training sessions, and to evaluate feasibility of establishing 2-year college. City has also supported local service groups through its annual CDBG allocation.

PS 9.1.5 Facilitate location of pre-school and day-care facilities in appropriate areas throughout the community, so as
to meet the child-care needs of the working
population and provide for early childhood educational
opportunities.

Planning Division to update
Development Code
Code update FY 1999-
2000; implementation
ongoing
Standards for large family day care are included in the Development Code update. This needs to be updated in 2022 to comply with 2020 state law changes.

PS 9.1.6 In order to encourage development of educational facilities, permit development of private educational
uses which are found to meet the general educational
needs of the community within residentiallydesignated zones, subject to the approval of a Conditional Use Permit.

Planning Division to update
Development Code
Code update FY 1999-
2000; implementation
ongoing
Included in Development Code update in 2003.

PS 9.2.1 Evaluate and monitor response times for ambulance services in the City, and seek available methods of
reducing response times to the extent feasible.

Fire District, City Manager's
Office
Ongoing The Fire Department implemented Paramedic services in 2000 to reduce emergency response times. Ongoing.

PS 9.2.2 Encourage development of health care services in the City and maintenance of existing services.

Reviewing authority; City
Manager's Office
Ongoing The City Council holds joint meetings annually with the Bear Valley Community Healthcare District to discuss health care issues.

PS 9.3.1 Cooperate with the San Bernardino County Library System to assure that quality library facilities and
resources are available to all residents within the
Community.

San Bernardino County Library
System, City Manager's Office,
Planning Division
Ongoing The City installed directional signs to the Library in 2001. City administering CDBG grant for ADA upgrades in Library. City also provides annual funding for the local adult literacy program through its CDBG allocation.

PS 10.1.1 Evaluate all City facility development proposals to ensure compliance with applicable standards.

Development Review Committee
and reviewing authority
Ongoing All City projects are subject to City standards; they are implemented through the development review process.

PS 10.1.2 Evaluate City facility needs annually in conjunction with review of the budget and Capital Improvement
Program, and program improvements and facility
expansions as needed.

City Manager, City Council Annually The Capital Improvement Program includes facility needs and is updated annually during the budget process.

PS 11.1.1 Revise the Emergency Preparedness Plan to comply with the State's Standard Emergency Management
System (SEMS), and update the plan from time to
time as needed to stay current with State guidelines
and local needs.

Fire Department Revise Plan 1999;
Implementation and
updates ongoing
Plan prepared and updated by local fire agency.

PS 11.1.2 Provide for backup power generation in the event of power outages due to local or regional disasters to
support the City's Emergency Operations Center and
other critical municipal facilities.

Fire District; Building and Safety
Division
Ongoing Generator at City Hall, which is tested monthly.

Big Bear Lake General Plan
Annual Report
March 12, 2025

Program # Program Description Responsible Party Schedule Current Status PS 11.1.3 Coordinate the City's Emergency Preparedness Plan with plans of the County and State's Offices of
Emergency Services, to ensure ongoing compatibility
of response plans.

Fire District Ongoing Monthly meetings with Operational Area and quarterly meetings with Mountain Mutual Aid.

PS 11.1.4 Train City staff on SEMS procedures and emergency response.

City Manager's Office and all
departments/divisions
Ongoing Trainings occcurred annually for City staff 4 and Fire agency continues trainings.

PS 11.2.1 Appoint a liaison with Caltrans, the Sheriff's Office, the County Road Department and the California Highway
Patrol to facilitate the establishment of emergency
evacuation routes, and to provide for the development
of an emergency response plan that assures the
timely repair of state highways and other major
thoroughfares damaged by a natural or manmade
disaster.

City Manager's Office,
Engineering Division
Ongoing Ongoing coordination with the Mountain Mutual Aid agencies.

PS 11.2.2 Consult with Caltrans, the Federal Highway
Administration, FEMA and the Army Corps of
Engineering regarding potential funding assistance,
grants, and/or loans for the construction, repair and/or upgrading of bridges, floodways, dams, cut slopes
and other structures to minimize the potential isolation of the community and surrounding facilities.

City Manager's Office,
Engineering Division, Caltrans
Ongoing Coordinated with FEMA on flood damage and road reconstruction from prior years. Future coordination as needed.

PS 11.3.1 Coordinate with San Bernardino County, Municipal Water District, BBARWA, and other agencies and
utilities in the development and dissemination of
information and instruction on how to prepare for an
emergency and on appropriate actions in the event of
a local disaster.

Fire District Ongoing Coordinate through community outreach programs.

PS 11.3.2 Evaluate the feasibility and fiscal impact to the City of participating in the nationwide CARES program
(Community Assistance and Response to Emergency
Situations), and implement the program as funding
allows.

City Manager's Office, Fire
Department, City Council
As funding permits Joint partnership with Big Bear Valley Fire agencies to provide three classes per year was ongoing as funding allowed.

PS 11.4.1 Contact, coordinate and integrate public and private broadcast operators in the maintenance of an
Amateur Radio Civil Emergency Service (RACES)
system to provide coordinated communication in the
event of an emergency.

Fire Department Ongoing RACES Radios are installed at the Fire Station Headquarters facility.

PS 11.5.1 Develop contingency plans to utilize the Big Bear Airport in the event of a local disaster, and provide for a coordinated plan of response, when it becomes
necessary to place the airport in an emergency
response mode.

Fire District Ongoing The City continues to actively participate with member agencies for emergency planning, including use of the Big Bear Airport.

Big Bear Lake General Plan
Annual Report
March 12, 2025

Program # Program Description Responsible Party Schedule Current Status Community Design Element
CD 1 For all development projects which require design
review, the reviewing authority will ensure compliance
of the project with the design guidelines contained in
this element through a finding that the project
conforms to the General Plan.

Planning Division, Development
Review Committee, the Planning
Commission, and the City
Council
Ongoing Implemented by the DRC through the development review process.

CD 2 The City will update its Development Code and all
other applicable ordinances to reflect and implement
the guidelines contained in this element.

Planning Division with the
assistance of other departments,
the Planning Commission, and
the City Council
2003 Comprehensive Development Code update adopted in 2003. Over time additional comprehensive amendments have been adopted.

CD 3 The City will update its Sign Ordinance to reflect and implement the guidelines contained in this element.

Planning Division, Planning
Commission, City Council
2000 Adopted updated Sign Ordinance in 2000. Another comprehensive updated occurred in 2011.

CD 4 The City will amend the Development Code to
strengthen property maintenance provisions to
address unmaintained properties, graffiti, litter,
abandoned signs and vehicles and other forms of
blight which detract from Big Bear Lake's appearance
and lifestyle.

Planning Division, Planning
Commission, City Council, Code
Enforcement Division
2001 and ongoing Standards included in Development Code update.

CD 5 The City will commit funding to the extent feasible, and will seek available funding from other sources, to
implement city beautification programs, including but
not limited to undergrounding of utility lines, planting of street trees, installation of gateway monumentation, improvement of lakefront parks, installation of
decorative directional signs and street furniture, and
other measures as appropriate.

City Council, Improvement
Agency, City Manager and
applicable departments
Ongoing Improvement Agency (IA) funded Big Bear Boulevard Beautification Program in 2000. Veterans Park was constructed in 2001. Bartlett Avenue and parking lot expanded and improved in 2001. Boulder Bay Park constucted in 2005 and updated in 2012.

Undergrounding of utility lines (on Big Bear Blvd.) was completed in 2017. Knickerbocker Trail constructed in 2014, Happy Hill Trail in 2016, and phase 1 of Rathbun Creek Trail in 2018. The Village was reimagined in 2010 and the Moonridge Road Corridor
Improvements are underway as of 2021.

CD 6 The City will evaluate structures which may have
historical or cultural significance and access the
feasibility of preserving, rehabilitating and/or
relocating these structures
Planning Division and Building
and Safety Division
Ongoing City evaluates projects proposing changes or demolitions to historic structes with the Bear Valley Historical Society and through CEQA, when applicable. Ongoing as needed.

CD 7 City staff will provide assistance to owners of historic properties in obtaining a historic designation from
appropriate state or federal agencies, and will assist
qualified project proponents to seek available funding
from outside sources for preservation and
rehabilitation of these structures, to the extent feasible and appropriate
Planning Division Ongoing No proposals for historic designation received to date.

Big Bear Lake General Plan
Annual Report
March 12, 2025

Program # Program Description Responsible Party Schedule Current Status CD 8 Working with the local historical society and other appropriate entities, the City will identify sites of
historic significance which may be commemorated by
monuments, signs or other appropriate means, and
will assist in this effort.

Planning Division Ongoing Planning Division met with Tom Core of the Bear Valley Historical Society and received training on potentially historic building types.

CD 9 The City will create and distribute clear,
understandable handouts, illustrated with examples of
desired design characteristics, to explain its
community design goals and policies to applicants
and members of the public.

Planning Division 2001 and ongoing Handouts for signs and building colors completed in 2001 and updated in 2012.

MEETING
DATE: April 9, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Katya Meyer, Project Manager
SUBJECT: Approve General Fund Grants for Local Public Service Programs Requesting Fiscal Year 2025-26 Community Development Block Grant Funds

BACKGROUND & DISCUSSION
The Community Development Block Grant (CDBG) program is a federally-funded program which makes grant funds available for eligible applicants primarily serving low and moderate income households and/or persons. The San Bernardino County Community Development and Housing Department (CDH) manages the CDBG program in the unincorporated portions of the County and to participating County cities, including the City of Big Bear Lake. The County allocates the City a CDBG amount each program year. At least 51% of CDBG funds must benefit low-moderate income persons. Therefore, most activities identified for Big Bear Lake are those that accomplish meeting the low- and moderate-income objective. Proposals may include public service activities such as social, educational or health services; or the grant activity may include a capital improvement project.

The City’s estimated CDBG allocation for the FY 2025-26 is $33,407. The allocation estimate is based upon Census population estimates, poverty level, and housing statistics. Cities with allocations of less than $100,000, such as Big Bear Lake, are limited to funding up to three total project applications including public service and capital improvement construction projects. Public service projects are capped at 15% of the City’s total allocation. This would mean that based upon the City’s estimated allocation of $33,407 only $5,011 would be available for up to three (3) public service organizations. In lieu of using CDBG funding towards public service organizations that are subject to this funding threshold and cap, the City recommended a capital improvement project for FY 2025-26 CDBG funding at the December 11, 2024 City Council meeting. Consequently, as has been the City’s practice since 2011, General Fund monies that would usually be allocated towards a capital improvement project can be distributed to public service organizations in an amount similar to the City’s estimated allocation. This enables the City Council to make funding decisions for public service organizations that are not subject to funding thresholds, caps, and CDBG project guidelines and regulations.

As part of the FY 2025-26 Notice of Funding Availability, a total of (11) eleven public service organizations submitted applications for a total funding request of $286,000. The City historically provides funding in an amount similar to the City’s CDBG estimated allocation. For this funding year, there is approximately $34,000 to be allocated across the eleven (11) public service Item 1.14
applicants. The public service organizations that have applied for funding and descriptions of their projects are described in Figure 1. Each application that was received for FY 2025-26 funding are on file with the City Clerk’s Office.

Figure 1: 2025-2026 All Applications- Eligible and Ineligible Programs Applicant Project Location 2024-25
Award
2025-26
Request
CDBG Eligible Projects
Bear Valley Meals on
Wheels
Bear Valley Meals on Wheels provide
monthly meals to 14 individuals who are
disabled and low/mod income
Big Bear
Lake, CA New $10,000
Bear Valley
Community
Healthcare District
Continue the Parenting Education Program to
offer classes and services in Spanish
Big Bear
Lake, CA $5,000 $5,000
Big Bear Valley
Unified School
District (BVUSD)
Continue Student Outreach and Support
Services for students qualifying for homeless
services
Big Bear
Lake, CA $5,000 $10,000
DOVES of Big Bear
Valley, Inc.

Continue the Transitional Living Program
counseling and assistance to abused survivors
and their children
Big Bear
Lake, CA $5,000 $10,000
United States
Adaptive Recreation
Center, Inc.

Program and Outreach Coordinator for
Therapeutic Recreation to persons with
disabilities
Big Bear
Lake, CA $5,000 $15,000
San Bernardino
County Library Big
Bear Branch
Continue Adult Literacy services with
tutoring for reading, spelling, basic computer
skills to illiterate adults
San
Bernardino,
CA
$5,000 $10,000
Girls on the RunInland Empire
Girls on the Run provide 8-10 week program
to promote physical activity, healthy
behaviors, and confidence to 40 low/mod
income girls ages 8-14.

Riverside,
CA New $10,000
Soroptimists of Big
Bear Valley
Expand number of students served by Tuition
Assistance for childcare to low-moderate
income households
Big Bear
Lake, CA $5,000 $5,000
The Affinity
Foundation Inc.

Housing and Help Program- providing 5
homeless families direct rapid rehousing
assistance and case management services
Big Bear
Lake, CA New $203,000
Pause 4 Paws Big
Bear
New public service, offering low cost
veterinary medical services such as
spay/neuter, vaccines, etc.

Big Bear
City, CA $5,000 $5,000
Community Pet Food
Pantry
New public service, offering low cost
veterinary medical services such as
spay/neuter, vaccines, etc.

Big Bear
City, CA New $3,000
TOTAL Public Service Organization Funding Request= $286,000 Due to the high volume of public service applications for FY 2025-26 and the limited funding available, City Staff are tasked with making funding recommendations based upon organization type, primary address, and project description. The following applications will not be considered for funding for FY 2025-26:

1. Girls on the Run-Inland Empire: This organization is located outside of the City limits. The City’s previous practice has been not to award funding to organizations which are originated outside the City.

2. The Affinity Foundation Inc.: This organization’s funding request exceeds the City’s estimated allocation for the fiscal year. Additionally, for their homeless housing assistance services project to be viable, they would require significantly more funding than is available. The City’s prior practice has been to provide a uniform distribution of available funds to public service applicants, and the requested amount exceeds the funds allocated for this purpose.

3. Community Pet Food Pantry: This organization is not a recognized eligible entity, making it ineligible for funding. Staff have advised the organization to partner with an eligible charitable entity for future funding requests.

For the remaining eight (8) public service organizations, City Staff recommend funding each project $5,000, totaling $40,000 from the City’s General Fund. This recommendation aligns with the City’s estimated CDBG allocation for FY 2025-26, with each organization receiving an equal share of available funds.

FISCAL IMPACT
The proposed resolution authorizes a General Fund appropriation in the amount of $40,000 for distribution to 8 public service organizations of up to $5,000 each in the FY 2025-26 City budget.

ENVIRONMENTAL CONSIDERATIONS
Making recommendations on CDBG allocations is not a project subject to the California Environmental Quality Act (CEQA), pursuant to Section 15061(b) (3), Common Sense Exemption, of the CEQA Guidelines.

CONSIDERATION OF STRATEGIC PRIORITIES
This recommended action aligns with Strategic Priority No. 4 and No. 5 to “Enhance community engagement and local advocacy strategies, while bolstering partnerships with residents, businesses, and regional partners” and “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 adopt a Resolution Appropriating $40,000 of General Fund Monies for Local Public Service Programs Requesting Fiscal Year 2025-26 Community Development Block Grant (CDBG) Funds.

ATTACHMENT

1. Resolution 2025-XX
RESOLUTION NO. 2025-XX
RESOLUTION APPROPRIATING $40,000 OF GENERAL FUND MONIES FOR LOCAL PUBLIC SERVICE PROGRAMS REQUESTING FISCAL YEAR 2025-26

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS
WHEREAS, the Community Development Block Grant (CDBG) is a federally funded program which makes funds available for eligible applicants serving low- and moderate-income households and/or persons; and,
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) establishes the CDBG regulations and administers the program through state and local governments; and, WHEREAS, the San Bernardino County Community Development and Housing Department (CDH) manages the CDBG program for HUD in the unincorporated portions of the County and in participating county cities, including the City of Big Bear Lake (City); and, WHEREAS, the City’s estimated allocation for FY 2025-26 is $33,407, and the City is limited to funding up to three total projects with a cap of 15% of the City’s allocation for public service projects; and,
WHEREAS, in lieu of using CDBG funding towards public service organizations that are subject to the 15% cap, the City made a funding recommendation for the City’s application of a capital improvement project at the December 11, 2024 City Council meeting; and, WHEREAS, the past practice of the City has been to fund the public service organizations’ requests from the General Fund in an amount that is consistent with the City’s CDBG allocation; and,
WHEREAS, General Fund monies that would usually be allocated towards a capital improvement project can be distributed to public service organizations in an amount similar to the City’s estimated allocation so that funding decisions for public service organizations are not subject to CDBG funding thresholds, caps, and project guidelines; and, WHEREAS, there were a total of (11) eleven public service applications with a funding request total of $286,000, therefore City Staff reviewed public service applications to make funding recommendations; and,
WHEREAS, three (3) organizations (Girls on the Run-Inland Empire, The Affinity Foundation Inc., and Community Pet Food Pantry) are not being considered for funding based upon organization type, location, and project description; and, WHEREAS, eight (8) public service applications have either origins within the Big Bear Valley, are classified 501(c)(3) charitable organizations, or have funding requeststhat are able to be funded Item 1.14
Attachment 1
with a limited funding allocation; and,
WHEREAS, local public service project applicants rely on grants to provide crucial services and assistance to the City’s low and moderate income households and persons, including seniors, youth, and disabled persons; and,
WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that the General Fund public service program grants will be appropriated in the FY 2025-26 Budget and approved to be distributed to the eight (8) local public service applicants in the amount shown in the table below:

Applicant Project 2025-26
Request
2025-26
Award
Bear Valley Meals on
Wheels
Bear Valley Meals on Wheels
provide monthly meals to 14
individuals who are disabled and
low/mod income
$10,000 $5,000
Bear Valley Community
Healthcare District (Mom
and Dad Project)
Continue the Parenting Education
Program to offer classes and services
in Spanish
$5,000 $5,000
Big Bear Valley Unified
School District (BVUSD)
Continue Student Outreach and
Support Services for students
qualifying for homeless services
$10,000 $5,000
DOVES of Big Bear
Valley, Inc.

Continue the Transitional Living
Program counseling and assistance to
abused survivors and their children
$10,000 $5,000
United States Adaptive
Recreation Center, Inc.
(USARC)
Program and Outreach Coordinator
for Therapeutic Recreation to persons
with disabilities
$15,000 $5,000
San Bernardino County
Library Big Bear Branch
Continue Adult Literacy services
with tutoring for reading, spelling,
basic computer skills to illiterate
adults
$10,000 $5,000
Soroptimists of Big Bear
Valley
Expand number of students served by
Tuition Assistance for childcare to
low-moderate income households
$5,000 $5,000
Pause 4 Paws Big Bear
New public service, offering low cost
veterinary medical services such as
spay/neuter, vaccines, etc.
$5,000 $5,000
PASSED, APPROVED AND ADOPTED this 9th day of April, 2025.

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 five; that the foregoing resolution, being Resolution No. 2025-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 9th day of April, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
4 MEETING
DATE: April 9, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
SUBJECT: Order 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

BACKGROUND & DISCUSSION
Village Maintenance District No. 1-92 (District) was formed to provide funding for the maintenance of the Village streetscape improvements on Village Drive and Pine Knot Avenue.

The District is governed by the Landscaping and Lighting Act of 1972, which specifies procedures for implementing and managing the District. Each year, an Engineer’s Report, prepared by a registered Professional Engineer, must be prepared and submitted to the City Council to establish assessments for each parcel within the District. A Resolution Ordering the Preparation of an Engineer’s Report must first be approved each year, followed by a Resolution of Intention that sets a public hearing for a later date. The intent of the public hearing is to receive any protests regarding the District assessments.

On June 21, 2021, the City Council adopted Resolution No. 2021-80, which established the rate implementation for Village Maintenance District No. 1-92 covering Fiscal Year 2021-22 through Fiscal Year 2025-26, which was adopted pursuant to a Proposition 218 majority protest process.

The rates for the forthcoming assessment for Fiscal Year 2025-26 will be implemented according to the attached resolution.

The Village Maintenance District (District) No. 1-92 provides for critical maintenance and upkeep within the Village area, focused on streetlights, sidewalks, ornamental structures, and landscaping.

The work within these areas includes routine items such as snow removal, streetlight maintenance and lamp replacement, maintenance and replacement of signs and other decorative facilities. In addition, there is a large focus on sweeping, pressure washing, litter collection and trash removal, and graffiti abatement. These efforts are focused along Village Drive and Pine Knot Avenue, known as the “Village L”, which is the area of the Village experiencing the heaviest visitor traffic.

The District was established in 1992 pursuant to the requirements of the Landscaping and Lighting Act of 1972. In 1996, California Voters approved Proposition 218, the Right to Vote on Taxes Act, which added further requirements to the levying of assessments, including that all assessments must be approved by at least 50 percent of the ballots cast by property owners subject to the assessments. All actions to be taken on the adjustment of any assessments, new or existing, must be supported by a detailed Engineer’s Report. The Engineer’s Report, to be prepared by a Item 1.15
registered Professional Engineer, shall include a description of the district, a scope of the maintenance activities to take place within the district, and the budget required to complete those activities. The accompanying Engineer’s Report for Fiscal Year 2025-26 was prepared under the direction and supervision of the City Engineer.

The Engineer’s Report outlines assessments based upon both General Benefits and Special Benefits. A general benefit is something that would benefit the public at large in the area, whether they own properties or not, while a special benefit is derived from the property owners in the area due to enhanced maintenance efforts directly benefiting their properties. The current ratio determining the special benefit and general benefit is 44% special benefit and 56% general benefit.

As such, the collected assessment from the parcel owners would represent 44% of the revenue and expense for the operation of the District. The City would contribute the remaining 56% of the revenue to satisfy the general benefit element.

In an effort to bring the assessments within the District to a level consistent with the costs of rendering the maintenance services within the District, a five-year incremental increase to the assessments beginning in Fiscal Year 2021-22 was approved by the District property owners in June 2021. The rate structure outlined below was presented to the City Council and was ultimately adopted pursuant to a Proposition 218 majority protest process. On June 21, 2021, the City Council adopted Resolution 2021-80 approving the below rate schedule for the Village Maintenance District No. 1-92 through Fiscal Year 2025-26.

Year FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Assessment Rate $ 23.00 $ 28.00 $ 33.00 $ 38.00 $ 43.00 Total Collection $ 118,266 $ 143,976 $ 169,686 $ 195,396 $ 221,106 Pursuant to the adopted rate schedule, the assessment for Fiscal Year 2025-26 will be $43.00 per linear foot of property frontage. The adopted rate over the 5,142 linear feet of assessed frontage will generate $221,106 in assessment for the upcoming Fiscal Year. Pursuant to the established 44% special benefit / 56% general benefit distribution, the general benefit contribution for this period will be $281,407 for a total revenue of $502,514. The proposed District expenditures for Fiscal Year 2025-26 are approximately $510,000.

FISCAL IMPACT
The revenues and expenditures associated with the Village Maintenance Assessment District No. 1-92 will be included in the proposed Fiscal Year 2025-26 Budget.

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 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 Ordering the Preparation of an Engineer’s Report for the Village Maintenance Assessment District No. 1-92; and a Resolution of Intent to Levy and Collect Assessments within the Village Maintenance Assessment District No. 1-92.

ATTACHMENTS

1. Resolution No. 2025-XX

2. Resolution No. 2025-XX

3. Village Maintenance Assessment District No. 1-92 Fiscal Year 2025-26 Engineer’s Report

4. Fiscal Year 2025-26 Assessment Table
RESOLUTION NO. 2025-XX
RESOLUTION ORDERING THE PREPARATION OF AN ENGINEER’S
REPORT FOR VILLAGE MAINTENANCE ASSESSMENT DISTRICT NO. 1-92 WHEREAS, pursuant to the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the California Streets and Highways Code; the “Act”), the City Council of the City of Big Bear Lake formed Assessment District 1-92, on July 1, 1992 with the adoption of Resolution No. 92-55, for the purpose of financing the maintenance of streetscape improvements (the “Village Improvements”) in the Village Specific Plan area; and,
WHEREAS, the Act authorizes formation of a Landscaping, Lighting, and Maintenance District for, among other things, maintenance of sidewalks, medians, parkways, slopes, open spaces, public parks, and street lights on the basis of benefits received; and, WHEREAS, the City Council of the City of Big Bear Lake intends to continue the maintenance and servicing of the improvements and assess the properties within the District the partial costs of the maintenance and servicing; and,
WHEREAS, Section 22622 of the Streets and Highways Code, State of California, requires that prior to levying the assessment in any year, the City Council must first adopt a resolution ordering the preparation of an Engineer’s Report outlining the assessments to be levied against the properties within the assessment district; and,
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, was approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution (The Articles) which requires among other things, that beginning July 1, 1997, all existing assessments must be approved by at least 50 percent of the ballots cast by property owners subject to the assessment, with an exception for assessments which are used to operate and maintain streets and sidewalks, provided the assessments are not increased; and,
WHEREAS, sidewalks, parkways, medians, open spaces, street trees, streets, streetlights, landscaping, signs, and energy charges for intersection and mid-block lighting are installed, maintained, and operated for street purposes, and continued assessments for these uses do not require a vote provided that the assessments are not increased, except for an annual inflation adjustment factor, if such inflationary increase has been previously approved by the property owners, as per the Act and Articles; and,
WHEREAS, a rate schedule was adopted for the implementation of rate adjustments to the assessments beginning in Fiscal Year 2021-22 and continuing through Fiscal Year 2025-26 pursuant to the following schedule:

Year FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Assessment $ 18.01 $ 23.00 $ 28.00 $ 33.00 $ 38.00 $ 43.00 WHEREAS, the above described assessments were adopted pursuant to a Proposition 218 majority protest process in June 2021 whereby a Resolution of Intent was adopted on May 3, 2021 Item 1.15
Attachment 1
and a majority protest hearing was scheduled for June 21, 2021; and, WHEREAS, on June 21, 2021 the City Council of the City of Big Bear Lake considered the above described rate schedule for Village Maintenance Assessment District 1-92 and at the time of the hearing determined that a majority protest did not exist; and, WHEREAS, the adopted rate schedule sets the assessment at $43.00 per linear foot for the assessments of Fiscal Year 2025-26.

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

1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

2. Improvements. The City Council proposes no new or substantial changes to the improvements funded by the assessment.

3. Engineer’s Report. The City Council hereby orders the preparation of an Engineer’s Report for Village Maintenance District 1-92 for Fiscal Year 2025-26.

4. Effective Date. This Resolution shall be effective immediately following its adoption.

PASSED, APPROVED AND ADOPTED this 9th day of April 2025.

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 five; that the foregoing resolution, being Resolution No. 2025-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 9th day of April, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
RESOLUTION NO. 2025-XX

RESOLUTION OF INTENT TO LEVY AND COLLECT ASSESSMENTS WITHIN THE VILLAGE MAINTENANCE ASSESSMENT DISTRICT NO. 1-92
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the California Streets and Highways Code; the “Act”), the City Council of the City of Big Bear Lake formed Assessment District 1-92, on July 1, 1992 with the adoption of Resolution No. 92-55, for the purpose of financing the construction of streetscape improvements (the “Village Improvements”) in the Village Specific Plan area; and,
WHEREAS, the Act authorizes formation of a Landscaping, Lighting, and Maintenance District for, among other things, maintenance of sidewalks, medians, parkways, slopes, open spaces, public parks, and street lights on the basis of benefits received; and, WHEREAS, the City Council of the City of Big Bear Lake intends to continue the maintenance and servicing of the improvements and assess the properties within the district the partial costs of the maintenance and servicing; and,
WHEREAS, Section 22622 of the Streets and Highways Code, State of California, requires that an Engineer’s Report be prepared and filed annually, outlining the assessments to be levied against the properties within the assessment district; and,
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, was approved by the voters on November 5, 1996, added Articles XIIIC and XIIID to the California Constitution (The Articles) which requires among other things, that beginning July 1, 1997, all existing assessments must be approved by at least 50 percent of the ballots cast by record owners subject to the assessment, with an exception for assessments which are used to operate and maintain streets and sidewalks, provided the assessments are not increased; and,
WHEREAS, sidewalks, parkways, medians, open spaces, street trees, streets, streetlights, landscaping, signs, and energy charges for intersection and mid-block lighting are installed, maintained, and operated for street purposes, and continued assessments for these uses do not require a vote provided that the assessments are not increased, except for an annual inflation adjustment factor, if such inflationary increase has been previously approved by the property owners, as per the Act and Articles; and,
WHEREAS, a rate schedule was adopted for the implementation of rate adjustments to the assessments beginning in Fiscal Year 2021-22 and continuing through Fiscal Year 2025-26 pursuant to the following schedule:

Year FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Assessment $ 18.01 $ 23.00 $ 28.00 $ 33.00 $ 38.00 $ 43.00 WHEREAS, the above described assessments were adopted pursuant to a Proposition 218 majority protest process in June 2021 whereby a Resolution of Intent was adopted on May 3, 2021 and a majority protest hearing was scheduled for June 21, 2021; and, Item 1.15
Attachment 2
WHEREAS, on June 21, 2021 the City Council of the City of Big Bear Lake considered the above described rate schedule for Village Maintenance Assessment District 1-92 and at the time of the hearing determined that a majority protest did not exist; and, WHEREAS, the adopted rate schedule sets the assessment at $43.00 per linear foot for the assessments of Fiscal Year 2025-26.

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

1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

2. Intention. The City Council hereby declares its intention to order the continuing maintenance and servicing of sidewalks, streets, and street landscaping pursuant to the Landscaping and Lighting Act of 1972, and to continue to levy and collect annual assessments on all such land to pay the partial costs of maintenance and servicing of sidewalks, streets, and street landscaping improvements on the land described in the Engineer’s Report for Fiscal Year 2025-26. There are no changes proposed to be made to the existing improvements.

The proposed assessment is not being increased from the previous year pursuant to the meaning established within Government Code section 53753. The proposed assessments are increasing pursuant to an annual increase previously approved by the voters within the assessment district, as outlined above.

3. Boundaries. The boundaries of the maintenance district are depicted in the Engineer’s Report and include properties fronting on:
(1) Village Drive from Stocker Avenue to a point approximately 1,513 feet westerly to Bonanza Drive, and the east side of Bonanza Drive from Village Drive to a point approximately 100 feet north of Village Drive. (2) Pine Knot Avenue from Big Bear Boulevard to Cameron Drive.

4. Designation. The maintenance district has been designated and shall be known as “Village Maintenance District No. 1-92 (Village Streetscape Maintenance) of the City of Big Bear Lake, County of San Bernardino, State of California.”

5. Report. The Report has been prepared and is on file with the City Clerk and contains all matters required by Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, including (1) a full and detailed description of the improvements, (2) the boundaries of the maintenance district, and (3) the proposed assessments upon assessable lots and parcels of land within the district, and is hereby approved as filed.

6. Hearing: The time of 5:00 p.m., or as soon thereafter as may be practicable, on June 11, 2025, and at the meeting place of the Big Bear Lake Civic Center, Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315, are appointed as the time and place of the protest hearing to the proposed annual assessments. Any and all persons having any objections to the proposed maintenance of the Village Improvements, or the proposed assessment on the land within the proposed maintenance district, or any parcel thereof, or the extent of the maintenance district may appear and show cause why the maintenance and servicing of the public improvements should not be accomplished in accordance with the Resolution of Intent and the Engineer’s Report. Protests must be in writing and must be delivered to the City Clerk at or before the time set for the hearing.

Wednesday, June 11, 2025 at 5:00 p.m.

Big Bear Lake Civic Center
39707 Big Bear Boulevard
Big Bear Lake, CA 92315

7. Inquiries: The City Council does hereby designate Sean Sullivan, Assistant City Manager, phone (909) 866-5831, as the person to answer questions regarding the protest proceedings.

8. Notice: The City Clerk shall give notice of said hearing, and of the adoption of this Resolution of Intent by causing said Resolution of Intent to be published in accordance with Section 6061 of the Government Code in the newspaper of general circulation published and circulated within the City, at least once. Said notice shall be published at least ten (10) days prior to the date set for the hearing of protests.

9. Effective Date. This Resolution shall be effective immediately following its adoption.

PASSED, APPROVED AND ADOPTED this 9th day of April, 2025.

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 five; that the foregoing resolution, being Resolution No. 2025-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 9th day of April, 2025 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

PUBLIC WORKS & ENGINEERING DEPARTMENT

VILLAGE MAINTENANCE DISTRICT
NO. 1-92
Fiscal Year 2025-26
ENGINEER’S REPORT
INTENT MEETING: April 9, 2025
PUBLIC HEARING: June 11, 2025
Item 1.15
Attachment 3
ENGINEER’S REPORT

CITY OF BIG BEAR LAKE
VILLAGE MAINTENANCE ASSESSMENT DISTRICT NO. 1-92

TABLE OF CONTENTS
I. INTRODUCTION............................................................................................................................. 2 II. PLANS AND SPECIFICATIONS .................................................................................................. 3 III. ASSESSMENT..................................................................................................................................... 3 IV. ESTIMATED MAINTENANCE COSTS ..................................................................................... 4 V. ASSESSMENT DIAGRAM .............................................................................................................. 5 VI. METHOD OF ASSESSMENT ........................................................................................................ 5 VII. APPENDIX A: ASSESSMENT ROLL
VIII. APPENDIX B: DESCRIPTION OF BUDGET ITEMS
IX. INTRODUCTION

BACKGROUND
This report is prepared in compliance with the requirements of Article 4, Chapter 1, of the Landscaping and Lighting Act of 1972 (The “Act”), which is Part 2 of Division 15 of the California Streets and Highways Code, Article 4.3, Section 53739 of the California Government Codes (the “Code”), and Articles XIII C and XIII D to the California Constitution (the “Articles”).

The City of Big Bear Lake currently operates and maintains the City of Big Bear Lake Village Maintenance Assessment District No. 1-92 (the “District”) to fund the maintenance of various amenities located throughout the Village such as planters and sidewalks. Since the passage of Proposition 218, the “Right to Vote on Taxes Act”, which added Articles XIII C and XIII D to the California Constitution (The Articles), new procedures must be followed to levy assessments under the Landscaping and Lighting Act of 1972. These Articles requires that all assessments be supported by a detailed Engineer’s Report prepared by a registered professional engineer. The report includes the information required by law for the assessment district.

The Act and Articles also provide for the increase of existing assessments or the implementation of a cost-of-living adjustment factor (CPI), all for the express purpose of installing, maintaining, and servicing lighting and landscaping improvements. The costs associated with the installation, maintenance, and servicing of the improvements may be assessed against those properties which are specially benefited by the installation, maintenance, and servicing. A City may increase assessments or apply a CPI factor for an assessment district after complying with the requirements of the Act and the provisions of the Articles.

The City initiates proceedings for the annual levy of assessments for the district by passing a resolution that states that the levy is proposed under the Act and Articles. This resolution also describes the improvements, describes the name and location of the district, and finally orders an engineer, who is a registered professional engineer, certified by the State of California, to prepare and file a detailed report.

The report prepared by the engineer must include plans and specifications for the improvements. The report must also include an estimate of the costs of the improvements, a diagram, or map of the assessment district showing the boundary of the district, and an explanation of the estimated costs of the improvements against the parcels or lots, which benefit from the improvements. Once the report is completed, it is presented to the City Council for its review and approval as presented, or it may be modified and approved.

After the report is approved, the City Council may adopt a Resolution of Intention that declares its intent to levy assessments within the assessment district, describes the improvements, gives the district a distinct name, and refers to the report for details of the district. The Resolution of Intention also sets a time and place for a hearing on the annual assessments.

X. PLANS AND SPECIFICATIONS
The improvements for the District may be generally described as follows:

The operation, maintenance, and servicing of streetlights, sidewalks, and ornamental structures, landscaping, including trees, shrubs, grass, and other ornamental vegetation, and appurtenant facilities, including irrigation systems, located in public places within the boundaries of the District.

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of the streetlights, sidewalks, planters, benches, decorative signs, and ornamental structures, landscaping and appurtenant facilities, including repair, removal, or replacement of all or part of any of the ornamental structures, landscaping or appurtenant facilities; providing for the life, growth, health, and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste, sweeping and snow removal from public sidewalks; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. Servicing means the furnishing of electricity for the lighting and operation of the streetlights and ornamental structures, landscaping, and appurtenant facilities, and water for the irrigation and control of the landscaping and the maintenance of any of the ornamental structures, landscaping, and appurtenant facilities.

The improvements were installed under Assessment District No. 23-91 and were designated the “Village Improvements.” Improvements for APN 308-135-01 (Holiday Inn) and APN 308-146-02 (Vacant) were installed by the developers of these properties and annexed to the District as Annexation No. 1. Improvements for “The Club”, Tract 16126 (APN 308-137-07) were installed by the developer of this property and annexed to the District as Annexation No. 2. Reference is hereby made to said plans and specifications for the improvements described above and they are by reference made a part of this report to the same extent as if said plans and specifications were attached hereto.

All improvements consisting of sidewalks, landscaping, street trees, streets, streetlights, landscaping and signs exist at the present time.

Plans and Specifications for the improvements for the District are voluminous and are not bound in this report but by this reference are incorporated and made a part of this report. The Plans and Specifications are on file in the office of the City Clerk and the City Engineer where they are available for public inspection.

XI. ASSESSMENT
All assessed lots or parcels of real property within the District are listed on Assessment Rolls that are on file in the office of the City Clerk and the City Engineer and are hereby made a part of this report by reference. Each Assessment Roll states the net amount to be assessed upon assessable lands within the District for fiscal year 2025/26, shows the fiscal year 2025/26 assessment upon each lot and parcel within the District and describes each assessable lot or parcel of land within the District. These lots and parcels are more particularly described on the County Assessment Roll, which is on file in the office of the San Bernardino County Assessor and by reference is made a part of this report. A summary sheet showing the Assessor Parcel Numbers is within this report.

XII. ESTIMATED MAINTENANCE COSTS
The Act provides that the estimated costs of maintenance for the improvements may include the total maintenance costs for the entire fiscal year 2025/26, including incidentals, which may include reserves to operate the District.

The Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the district is the proportional share of maintenance, and servicing costs with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.

A detailed budget is available in the office of the Director of Government Services of the City of Big Bear Lake. A description of detailed budget items is included herein as “Appendix B”.

In analyzing the continual deficit operations associated with the District, beginning in Fiscal Year 2021/22, the City Council adopted an increase to the assessment of $4.99 for Fiscal Year 2021/22 and a subsequent increase of $5.00 per foot per year through Fiscal Year 2025/26.

The following table is an abbreviated budget for the District reflecting the approved assessment increases through Fiscal Year 2025/26:
*The District collects the parcel assessments as provided which represent 44% of the cost of operating the District for the special benefit as received by the assessed parcels. The City contribution from the General Fund represents 56% of the District operating revenue to for the costs associated with the General Benefit, which is available to the general public.

FISCAL YEAR 2022/23 2023/24 2024/25 2025/26
Total maintenance and
servicing costs*
$471,820 $484,020 $496,720 $510,020
City contribution from
general fund*
$183,242 $215,964 $248,685 $281,407
Net amount to be
assessed to assessable
lands within the district
$143,976 $169,686 $195,396 $221,106
Assessed parcels 56 56 56 56
Total lineal foot frontage 5,142 5,142 5,142 5,142
Total fiscal year 2020/21
assessment per linear foot
$28.00 $33.00 $38.00 $43.00
For Fiscal Year 2025/26, estimates of the operating expenses, compared with the revenue, based upon the adopted rate schedule, show that the District will run a deficit of approximately $7,507, down from a deficit of approximately $52,639 in the prior Fiscal Year.

The District’s Annual Maintenance costs do not include any costs for future capital improvements, replacements or repairs.

XIII. ASSESSMENT DIAGRAM
The boundary of the Village Maintenance Assessment District 1-92 is generally described as including the following properties described below and listed by Assessor’s Parcel Number (1) Village Drive from Stocker Avenue to a point approximately 1,513 feet westerly to Bonanza Drive, and the east side of Bonanza Drive from Village Drive to a point approximately 100 feet north of Village Drive.
(2) Pine Knot Avenue from Big Bear Boulevard to Cameron Drive.

The boundary maps/diagrams for the District are incorporated and made a part of this report as Appendix C.

Assessors Parcel
Numbers
Assessed
Footage
Assessors
Parcel
Numbers
Assessed
Footage
Assessors
Parcel
Numbers
Assessed
Footage
308-165-01 50 308-171-35 120 308-181-07 82
308-165-02 62 308-171-36 80 308-181-13 61
308-165-03 45 308-171-37 40 308-183-21 100
308-165-04 45 308-171-38 183 308-135-01 510
308-166-28 125 308-171-39 80 308-146-02 236
308-166-29 46 308-171-40 80 308-121-69 405
308-166-34 40 308-172-01 50
308-166-35 50 308-172-02 50
308-166-59 80 308-172-24 50
308-166-51 39 308-172-25 152
308-171-01 173 308-173-33 100
308-171-02 75 308-173-30 100
308-171-05 40 308-173-27 100
308-171-08 40 308-174-03 40
308-171-10 40 308-174-04 40
308-171-11 40 308-174-14 50
308-171-16 40 308-174-15 50
308-171-17 40 308-174-27 76
308-171-18 40 308-174-28 120
308-171-19 40 308-174-37 80
308-171-20 40 308-174-39 40
308-171-41 120 308-174-42 110
308-171-24 40 308-181-14 290
308-171-28 40 308-181-05 55
308-171-34 70 308-181-06 152
If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

XIV. METHOD OF ASSESSMENT

BACKGROUND
The Landscaping and Lighting Act of 1972 provides that assessments may be apportioned upon all assessable lots or parcels of land within a district in proportion to the estimated benefits to be received by each lot or parcel from the improvements. In addition, Articles XIII C and XIII D of the California Constitution require that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Proposition provides that only special benefits are assessable, and the City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over, and above general benefits conferred on the public at large, including real property within the district. The general enhancement of property value does not constitute a special benefit.

SPECIAL BENEFIT
Each and every parcel within the District receives a particular and distinct benefit from the improvements over and above general benefits conferred by the improvements.

The improvements confer a particular and distinct special benefit upon parcels within the District because of the nature of the improvements. The proper maintenance of landscaping specially benefits parcels within the District by moderating temperatures, providing oxygenation, and attenuating noise from the adjacent streets, thereby enhancing the environmental quality of the businesses and the pedestrian areas within the Village. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and other diseases spreading to private landscaping located throughout the properties within the District. The proper maintenance (including water and electricity costs) of the streetlights, sidewalks, landscaping, ornamental and decorative structures, and appurtenant facilities reduces property-related crimes (especially vandalism) against properties in the District. This is accomplished through the abatement of graffiti and by providing an attractive environment and one where all businesses are highly visible and well lighted. The removal and hauling of snow (sidewalks and parking stalls) in the winter and refuse throughout the year provide a safe, clean and attractive location for business. Finally, the proper maintenance of landscaping, and ornamental and decorative structures improves the attractiveness of the properties within the District and provides a positive visual experience each and every time a trip is made to or from the businesses. All of the abovementioned attributes contribute to a specific enhancement for each of the parcels within the District.

GENERAL BENEFIT
In addition to the special benefits received by the parcels within the District, there are incidental general benefits conferred by the proposed improvements.

The proper maintenance (including water and electricity costs) of street lighting, sidewalks, landscaping, and appurtenant and ornamental facilities within the District provide a safe, clean and attractive destination for visitors. The spraying and treating of landscaping within the District for disease reduces the likelihood of insect infestation and other diseases spreading to landscaping located throughout other properties within the City. The removal of snow from sidewalks provides a safe path for visitors to the Village shops. The maintenance (including electricity costs) of streetlights provides a safe environment for pedestrians and motorists visiting the Village. The removal of refuse from the Village provides visitors with a clean and attractive destination. Finally, the proper maintenance (including water and electricity costs) of street lighting, sidewalks, landscaping, and ornamental structures provides a positive visual experience and enhances the City of Big Bear Lake’s role as a resort community and vacation destination. All of the above-mentioned constitutes incidental general benefits conferred by the improvements.

The total benefits are thus a combination of the special benefits to the parcels within the District and the general benefits to the public at large and to adjacent property owners. The portion of the total Village Improvement maintenance costs, which are associated with general benefits, will not be assessed to the parcels in the District, but will be paid from other City Funds.

Because the village improvements are located immediately adjacent to properties within the District, and are maintained solely for the benefit of the properties within the District, any benefit received by properties outside of the District is merely incidental. The City will contribute additional funding for any maintenance costs in the District, which are not recovered from assessments.

APPORTIONMENT
Each of the parcels within the district has access to the improvements and the maintenance and servicing thereof. Since the parcels front onto the street and sidewalk improvements, the benefits to each parcel are based on the width of the parcel fronting the improvements. In the District, all parcels are assessed based on the front linear footage of the parcel to be assessed. For fiscal year 2025/26 there is a total of 5,142 front linear feet within the Village. See the Assessment Roll included herein as Appendix “A” for individual parcel data.

The following formulas are used to calculate each property’s District assessment.

Total Balance to Levy*/Total Front Linear Footage = Levy per Front Linear Foot (Rate) Parcels Total Front Linear Foot × Levy per Front Linear Foot (Rate) = Parcel Levy Amount Table 1 below is a sample levy calculation for a parcel in the District.

SAMPLE LEVY CALCULATION
TABLE 1
TOTAL

BALANCE

TO LEVY
TOTAL
FRONT
LINEAR
FEET
=
LEVY
PER
FRONT
LINEAR
FOOT
×
PARCEL
FRONT
LINEAR
FEET =
PARCEL
LEVY
$221,106 5,142 = $43.00 × 100 = $4,300
All assessed lots or parcels of real property within the districts are listed on assessment rolls that are on file in the office of the City Clerk and the City Engineer, and are hereby made a part of this report by reference. Each Assessment Roll states the net amount to be assessed upon assessable lands within the District for fiscal year 2025/26, shows the fiscal year 2025/26 assessment upon each lot and parcel within the District and describes each assessable lot or parcel of land within the District. These lots and parcels are more particularly described on the county assessment roll, which is on file in the office of the San Bernardino County Assessor and by reference is made a part of this report.

The assessments for the District are to be heard before the City Council at a Public Hearing on June 11, 2025.
*BALANCE TO LEVY - This is the total amount to be levied to the parcels within the District. The Balance to Levy represents the total direct and administration costs. This dollar amount represents the funds that are to be collected for that fiscal year from the property owners.

APPENDIX A: ASSESSMENT ROLL
The Assessment Roll for the District is voluminous and is not bound in this report but by reference is incorporated and made a part of this report. The Assessment Roll is on file in the office of the City Clerk and the City Engineer, where it is available for public inspection.

Reference is made to the San Bernardino County Assessment Roll for a description of the lots or parcels in the District.

APPENDIX B: DESCRIPTION OF BUDGET ITEMS
SNOW REMOVAL - Provides for removal and hauling of snow all Village sidewalks and parking stalls, including labor and equipment.

PLANTER MAINTENANCE - Provides for the maintenance and replacement of plants in landscaping as well as necessary irrigation systems to sustain the plant materials STREET LIGHTING MAINTENANCE – Provides for the maintenance lighting fixtures.

UTILITIES (WATER AND ELECTRICITY) – Provides for utility costs for the operation of landscaping and lighting fixtures and features.

TRASH SWEEPING & REMOVAL - Provides for the sweeping and removal of litter from the Village.

REPAIRS TO DAMAGED/DEFACED PROPERTY - Provides for minor maintenance projects and repairs.

TRASH SERVICE – Provides for the emptying of trash cans in the Village, currently contracted out to Big Bear Disposal.

APPENDIX C: GENERAL BOUNDARY MAP
Parcel Owner Name Business Name
Assessors Parcel
Numbers Assessed
Upon
Frontage Feet
(in Lineal Feet)
FY 2021/22 Total
Assessment
($23.00/Linear Foot)
FY 2022/23 Total
Assessments
($28.00/Linear Foot)
FY 2023/24 Total
Assessments
($33.00/Linear Foot)
Proposed FY
2024/25 Total
Assessments
($38.00/Linear Foot)
Proposed FY
2025/26 Total
Assessments
($43.00/Linear Foot)
SIMPLE FANCY LLC La Fiesta Candy Store/ Superhero Toys and More 1 308-165-01 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 DONEGAL PROPERTIES Vacant 2 308-165-02 62 $1,426.00 $1,736.00 $2,046.00 $2,356.00 $2,666.00 LACKEY FAMILY TRUST 12-9-87 Frusion/ Stupidiotic 3 308-165-03 45 $1,035.00 $1,260.00 $1,485.00 $1,710.00 $1,935.00 2 VILLAGE DRIVE LLC Stella Luna 4 308-165-04 45 $1,035.00 $1,260.00 $1,485.00 $1,710.00 $1,935.00 HIMALAYAN INVESTMENT LLC Royal Thai Café/ O Koo Ran/Wild Coyote Gallery/ Room to Room 5 308-166-28 125 $2,875.00 $3,500.00 $4,125.00 $4,750.00 $5,375.00 GONZALEZ LIVING TRUST 9/27/06 Muchachos 6 308-166-29 46 $1,058.00 $1,288.00 $1,518.00 $1,748.00 $1,978.00 KAMPHAUS LIVING TRUST 2/27/03 AMENDE Village Sweet Shoppe 7 308-166-34 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 SHAMKIN, SHILER MIKHAIL DUPRE Boomers/Village Nut House 8 308-166-35 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 IANNICIELLO, LAUREN Whiskey Daves 9 308-166-59 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00 CINDYS LAFH TRUST 12-15-14 Barrel 33 10 308-166-51 39 $897.00 $1,092.00 $1,287.00 $1,482.00 $1,677.00 WOODYS WORLD LLC Toy Gallery / Paisley 11 308-171-01 173 $3,979.00 $4,844.00 $5,709.00 $6,574.00 $7,439.00 NAVAJO BUILDING LLC The Leather Depot/Fabrile Studios/Village Faire/Happiness is Company/S 12 308-171-02 75 $1,725.00 $2,100.00 $2,475.00 $2,850.00 $3,225.00 CULLEN TRUST 2/10/09 AV Wrightwood Inn Inc 13 308-171-05 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 HOLLICOK LLC Artisans Etc. 14 308-171-08 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 PROPHET FAMILY TRUST 09/10/14 Re/Max Big Bear / I love Candles 15 308-171-10 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 BAJA BALEARIC LLC A Christmas Store N' More 16 308-171-11 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 ADAM, LARRY D LIVING TRUST 9/5/13 Sotheby's Real Estate 17 308-171-16 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 GONZALEZ, GUSTAVO & NANCY LIV TR 2/1 572 Social Outdoor Area 18 308-171-17 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 GONZALEZ, GUSTAVO & NANCY LIV TR 2/1 572 Social Outdoor Area 19 308-171-18 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 GONZALEZ, GUSTAVO & NANCY LIV TR 2/1 572 Social 20 308-171-19 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 GONZALEZ, GUSTAVO & NANCY LIV TR 2/1 575 Social 21 308-171-20 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 DRACO BUILDERS LLC Bone Yard Bar and Grill/ Earth's Elements 22 308-171-41 120 $2,760.00 $3,360.00 $3,960.00 $4,560.00 $5,160.00 CLARK, COLIN M SoCal Vacations 23 308-171-24 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 BREWSTER, CHARLES A & E E REVOC FAM Robinhood Resort 24 308-171-28 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 S N V K LLC Himilayan Restaurant 25 308-171-34 70 $1,610.00 $1,960.00 $2,310.00 $2,660.00 $3,010.00 Subtotal $33,580.00 $40,880.00 $48,180.00 $55,480.00 $62,780.00

CITY OF BIG BEAR LAKE
ASSESSMENT DISTRICT NO. 1-92

VILLAGE MAINTENANCE DISTRICT
FY 2025/26
Item 1.15
Attachment 4
Assessors Parcel
Numbers Assessed
Upon
Frontage Feet
(in Lineal Feet)
FY 2021/22 Total
Assessments
($23.00/Linear Foot)
FY 2022/23 Total
Assessments
($28.00/Linear Foot)
FY 2023/24 Total
Assessments
($33.00/Linear Foot)
Proposed FY
2024/25 Total
Assessments
($38.00/Linear Foot)
Proposed FY
2025/26 Total
Assessments
($43.00/Linear Foot)
BREWSTER TRUST Parking for Nottinghams 26 308-171-35 120 $2,760.00 $3,360.00 $3,960.00 $4,560.00 $5,160.00 REYGON PROPERTIES LLC Village Theaters 27 308-171-36 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00 RATHJE, STEVEN TRUST 12/20/05 Oliver's Emporium 28 308-171-37 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 BREWSTER, CHARLES A & E E REVOC FAM Nottinghams Restaurant 29 308-171-38 183 $4,209.00 $5,124.00 $6,039.00 $6,954.00 $7,869.00 652 PINE KNOT LLC The Village Shops 30 308-171-39 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00 GONZALEZ LIVING TRUST 9-27-2006 Saucy Mama's/ Fire Rock 31 308-171-40 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00 GONZALEZ, GUSTAVO & NANCY LV TR 02/2 El Jacalito 32 308-172-01 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 JAMES, LISA Boomers 33 308-172-02 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 JAMES, LISA Big Bear Liquor Mart 34 308-172-24 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 PERFECT STORM LLC Valero/ Nick's Auto Care 35 308-172-25 152 $3,496.00 $4,256.00 $5,016.00 $5,776.00 $6,536.00 BIG BEAR VILLAGE PLAZA LLC Big Bear Tattoo/ Compass 36 308-173-33 100 $2,300.00 $2,800.00 $3,300.00 $3,800.00 $4,300.00 CJ PROPERTIES Peppercorn 37 308-173-30 100 $2,300.00 $2,800.00 $3,300.00 $3,800.00 $4,300.00 SCHWEITZER, B & T FAMILY TRUST Teddy Bear 38 308-173-27 100 $2,300.00 $2,800.00 $3,300.00 $3,800.00 $4,300.00 SHALHOOB FAMILY TRUST Brown Bear Gift Store 39 308-174-03 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 SHALHOOB FAMILY TRUST 10-24-08 Art Garden 40 308-174-04 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 GONZALEZ LIVING TRUST 09/27/06 Jasper's Steakhouse 41 308-174-14 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 JS PROPERTIES LLC Bear Noodle Bar/ Scenic Outfitters 42 308-174-15 50 $1,150.00 $1,400.00 $1,650.00 $1,900.00 $2,150.00 SCRIVEN PROPERTIES LLC Mountain Gifts / Berry Bliss 43 308-174-27 76 $1,748.00 $2,128.00 $2,508.00 $2,888.00 $3,268.00 PINE KNOT PLAZA LLC Mystic Moto/House of Jerky/Del Lago's Boutique 44 308-174-28 120 $2,760.00 $3,360.00 $3,960.00 $4,560.00 $5,160.00 GONZALEZ LIVING TRUST 9/27/06 United Woods Craftsman 45 308-174-37 80 $1,840.00 $2,240.00 $2,640.00 $3,040.00 $3,440.00 SHALHOOB FAMILY TRUST Bear Essentials 46 308-174-39 40 $920.00 $1,120.00 $1,320.00 $1,520.00 $1,720.00 NGUYEN, SCOTTIE DINH Copper Q 47 308-174-42 110 $2,530.00 $3,080.00 $3,630.00 $4,180.00 $4,730.00 OPULENCE WEALTH ENTERPRISES LLC Village Mall 48 308-181-14 290 $6,670.00 $8,120.00 $9,570.00 $11,020.00 $12,470.00 PREMIER INVESTMENT PROPERTIES LLC BB Superstore 49 308-181-05 55 $1,265.00 $1,540.00 $1,815.00 $2,090.00 $2,365.00 JACK IN THE BOX PROPERTIES LLC Jack in the Box 50 308-181-06 152 $3,496.00 $4,256.00 $5,016.00 $5,776.00 $6,536.00 Subtotal $52,624.00 $64,064.00 $75,504.00 $86,944.00 $98,384.00

CITY OF BIG BEAR LAKE
ASSESSMENT DISTRICT NO. 1-92

VILLAGE MAINTENANCE DISTRICT
FY 2025/26
Assessors Parcel
Numbers Assessed
Upon
Frontage Feet
(in Lineal Feet)
FY 2021/22 Total
Assessments
($23.00/Linear Foot)
FY 2022/23 Total
Assessments
($28.00/Linear Foot)
FY 2023/24 Total
Assessments
($33.00/Linear Foot)
Proposed FY
2024/25 Total
Assessments
($38.00/Linear Foot)
Proposed FY
2025/26 Total
Assessments
($43.00/Linear Foot)
DRACO BUILDERS LLC Village Sports Bar 51 308-181-07 82 $1,886.00 $2,296.00 $2,706.00 $3,116.00 $3,526.00 VILLAGE DRIVE PROPERTIES LLC Oakside 52 308-181-13 61 $1,403.00 $1,708.00 $2,013.00 $2,318.00 $2,623.00 BSC CAPITAL GROUP LLC Paolis/ La Pergola 53 308-183-21 100 $2,300.00 $2,800.00 $3,300.00 $3,800.00 $4,300.00 PACIFIC SNOW VALLEY RESORT LLC Holiday Inn 54
308-135-01 (0308-271-
01) 510 $11,730.00 $14,280.00 $16,830.00 $19,380.00 $21,930.00 PREMIER INVESTMENT PROPERTIES LLC No Business- Vacant 55 308-146-02 236 $5,428.00 $6,608.00 $7,788.00 $8,968.00 $10,148.00 BLUEGREEN VACATIONS UNLIMITED INC The Club 56 308-121-69 405 $9,315.00 $11,340.00 $13,365.00 $15,390.00 $17,415.00 Subtotal $32,062.00 $39,032.00 $46,002.00 $52,972.00 $59,942.00 Total 5,142.00 $118,266.00 $143,976.00 $169,686.00 $195,396.00 $221,106.00

CITY OF BIG BEAR LAKE
ASSESSMENT DISTRICT NO. 1-92

VILLAGE MAINTENANCE DISTRICT
FY 2025/26

MEETING
DATE: April 9, 2025
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 Bid Solicitations for Upcoming Capital Improvement Projects

BACKGROUND & DISCUSSION
The Fiscal Year 2024-25 Capital Improvement Program (CIP) budget includes approximately twenty-two (22) projects or initiatives focused on investment in streets, facilities parks, trails, facilities, sanitation, and equipment infrastructure throughout the City. The anticipated capital investment for Fiscal Year 2024-25, based upon the adopted CIP budget, is greater than $5.4 million. In addition, staff is preparing the Fiscal Year 2025-26 CIP budget as a part of the annual budget process for consideration in May and June 2025; which includes projects to be constructed during the Summer 2025 construction season.

The City’s purchasing guidelines require that the City Council provide authorization to the staff to proceed with bidding activities for proposed capital improvement projects. This report includes a summary overview of each project to initiate the bidding activities. Additionally, pursuant to the California Environmental Quality Act (CEQA), the City Council is required to approve a finding related to each project which, for these projects, will be categorical exemptions.

Upon approval, staff will undertake the bid solicitations in accordance with the City’s purchasing policy and all other applicable regulations. As staff receives the bids for these respective projects and prepares them to initiate construction and services, the contracts will be presented to the City Council for approval at the appropriate time.

The Public Works Department is preparing a number of Capital Improvement Projects for execution during the 2025 summer construction season. At this time, staff is preparing to proceed with two (2) bid solicitations for the projects and services that are outlined below. Staff will present comprehensive details associated with the project budgets, costs, and timelines at the time that each contract is presented to the City Council for consideration.

The proposed projects to be authorized for bidding by this proposed action include:

Annual Street Rehabilitation Project
The Annual Street Rehabilitation Project focuses on making repairs and improvements to sections of the City’s roadway network, which includes approximately 88-centerlines of streets. For the upcoming Fiscal Year, staff has identified two (2) street sections that are Item 1.16
in need of significant improvement and rehabilitation, including Rathbun Drive and portions of Moonridge Road.

The proposed project includes a reconstruction and widening of Rathbun Drive from Moonridge Road to Elm Street. The project will widen the street to maximize the use of the City’s right of way and add on street parking of approximately 100 spaces and construct pedestrian sidewalk on the North side of the street. The project contemplates the transition of Rathbun Drive to a one-way street, in the westbound direction, to accommodate the necessary improvements.

The section of Moonridge Road from Big Bear Boulevard to Elm Street is in significant disrepair and in need of reconstruction. The Pavement Condition Index (PCI) ratings for this section of Moonridge Road range between Poor and Very Poor. The proposed project includes the reconstruction of the pavement, the construction of cement treated base to combat historic groundwater issues under the roadway, and the replacement of curb, gutter and sidewalks.

The engineer’s estimate for this project is approximately $5,500,000.

Anticipated FY 2025-26 Budget Request: $6,000,0000
CEQA Consideration: This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.c Existing Facilities as repair and maintenance of existing streets and highways.

Installation of Backup Generators – Sanitation Project
The City’s Sanitation System includes twelve (12) sewer lift or pump stations to move the wastewater through the City’s sanitary sewer collection system. Most of these stations are equipped with permanent backup generators to allow the sewer system to continue to operate in the event of a power outage. These generators were installed with the original construction of the stations and are in excess of thirty (30) years old.

In May 2024, the City Council authorized the purchase of three (3) replacement generators for Lift Stations 1, 9, and 10. These generators are in process of being shipped to the City and will need to be contracted for installation. Staff has prepared bid specifications to solicit contractors to remove and replace the existing generators.

Adopted Budget: $125,000
CEQA Consideration: This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.b Existing Facilities as repair and maintenance of a publicly owned utility system.

Staff will proceed with the bid solicitations for the identified projects and will return to the City Council for the consideration of the construction contracts at the appropriate time. The action being considered within this report only authorizes staff to conduct the bid solicitations, it does not propose any budget amendments nor guarantee any contracts to be awarded.

FISCAL IMPACT
The actions contemplated within this report have a minor fiscal impact limited to the costs associated with designing the projects and soliciting construction bids. The contemplated projects are funded within the adopted Capital Improvement Program (CIP) Budget for Fiscal Year 2024- 25 or are proposed for inclusion within the forthcoming Fiscal Year 2025-26 CIP. A complete fiscal analysis of each project will be reviewed at the time that the contracts are presented for consideration.

ENVIRONMENTAL CONSIDERATIONS
As indicated above, the proposed projects are categorically exempt from the California Environmental Quality Act (CEQA). The Annual Street Rehabilitation Project is categorically exempt pursuant to Section 15301.c of the CEQA implementation guidelines as repair and maintenance of existing streets and highways. The Installation of Backup Generators – Sanitation Project is categorically exempt pursuant to Section 15301.b of the CEQA implementation guidelines as repair and maintenance of a publicly owned utility system.

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”.

RECOMMENDED ACTION
It is recommended that the City Council authorize staff to proceed with bid solicitations for the Annual Street Rehabilitation Project and the Installation of Backup Generators – Sanitation Project and find both projects exempt from the California Environmental Quality Act (CEQA).

ATTACHMENTS

1. CEQA Notice of Exemption for Annual Street Rehabilitation Project

2. CEQA Notice of Exemption for Installation of Backup Generators – Sanitation Project

NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Engineering Division County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900 Project Title:

Annual Street Rehabilitation Project
Project Location - Specific:

Locally owned and maintained public streets within the City of Big Bear Lake including the portion of Moonridge Road from Big Bear Boulevard to Elm Street and Rathbun Drive from Elm Street to Moonridge Road.

Description of Project:

This project involves the demolition and reconstruction of the existing asphalt pavement, removal and reconstruction of existing sidewalk, curb, and gutter, as well as the construction of new sidewalk, curb and gutter, where appropriate, and appurtenant work such as utility adjustments and roadway striping.

Name of Public Agency Approving Project:

City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project:

City of Big Bear Lake, Engineering Division
Exempt Status: (check one) (State type and section number) XX Categorically Exempt. Section: 15301(c)
Reasons why project is exempt:

These repairs are categorically exempt from the California Environmental Quality Act (CEQA) under section 15301.c as maintenance of existing highways and streets.

Lead Agency or Contact Person: Area Code/Telephone/Extension Sean Sullivan, Assistant City Manager (909) 866-5831
Date: April 9, 2025
Signature:
______________________________
Sean Sullivan,
Assistant City Manager
Item 1.16
Attachment 1

NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Engineering Division County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900 Project Title:

Installation of Backup Generators – Sanitation Project
Project Location - Specific:

Sanitary sewer lift stations as a part of the sanitary sewer collection system owned and operated by the City of Big Bear Lake, specifically Sewer Lift Stations Nos. 1, 9, and 10.

Description of Project:

This project involves the removal and replacement of the existing diesel powered backup generators at these locations.

Name of Public Agency Approving Project:

City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project:

City of Big Bear Lake, Engineering Division
Exempt Status: (check one) (State type and section number) XX Categorically Exempt. Section: 15301(b)
Reasons why project is exempt:

These repairs are categorically exempt from the California Environmental Quality Act (CEQA) under section 15301.b as repair and maintenance of a publicly owned utility system.

Lead Agency or Contact Person: Area Code/Telephone/Extension Sean Sullivan, Assistant City Manager (909) 866-5831
Date: April 9, 2025
Signature:
______________________________
Sean Sullivan,
Assistant City Manager
Item 1.16
Attachment 2

MEETING
DATE: April 9, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Katya Meyer, Project Manager
SUBJECT: Authorize an Agreement with Spadaro Enterprises Inc. for Citywide Street Sweeping Services

BACKGROUND & DISCUSSION
The City of Big Bear Lake is responsible for the maintenance and operation of approximately 88 centerline miles of streets. A key maintenance activity of the Public Works Department is an annual street sweeping of City streetsto remove cinders and other debris remaining from the winter season. Annual street sweeping contributes to enhanced aesthetics throughout the community as well as compliance with the National Pollutant Discharge Elimination System (NPDES). Funding is included within the adopted Fiscal Year 2024-25 Budget for Annual Street Sweeping services.

Over the years, street sweeping services have been provided through a combination of both inhouse and contract services. The City owns and utilizes a street sweeper primarily for weekly street sweeping services in key parts of the City. For the annual, citywide effort, utilizing contracted services is more effective and efficient.

The scope of work for the proposed street sweeping contract is a one-time sweeping of the approximately 88-miles of City maintained streets. The scope indicates that the street is to be swept, from edge to edge, as many times as necessary to achieve the specified debris removal and improved appearance. Staff prepared a Request for Proposals (RFP) for these services that outlined the desired scope of work as well as the project requirements. On March 19, 2025, the City received three (3) proposals with the following results:

Proposer Location Total Bid Price
Spadaro Enterprises Inc. Lancaster, CA $39,995.00
Sweeping Corp of America Fontana, CA $56,700.00
Bear Valley Paving Big Bear Lake, CA $83,310.00
Staff has reviewed the background of Spadaro Enterprises Inc. which includes extensive municipal experience within San Bernardino County. Their primary references include the Public Works and Flood Control Departments of San Bernardino County in multiple locations including Hesperia, County unincorporated areas of the Big Bear Valley, San Bernardino, and Forest Falls. Staff contacted the provided references and received satisfactory feedback as to their performance on these contracts. Based upon the proposal received and staff’s review of the background, staff is Item 1.17
recommending Spadaro Enterprises Inc. for this project.

Upon the award of contract, staff will coordinate the execution of the contract documents. Work is anticipated to commence in May 2025; however, the exact schedule will be based upon the clearing of winter weather as well as the melting of accumulated snow along the streets. Once the work begins, it will be completed within thirty (30) days.

FISCAL IMPACT
Funding for these services is available within the adopted Fiscal Year 2024-25 Operating Budget within the Street Maintenance Section.

ENVIRONMENTAL CONSIDERATIONS
These services do not constitute a project pursuant to the definitions within the California Environmental Quality Act (CEQA) and, therefore, no environmental review is required.

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”.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing an Agreement with Spadaro Enterprises Inc. for Citywide Street Sweeping Services.

ATTACHMENT

1. Resolution No. 2025-XX
RESOLUTION NO. 2025-XX

RESOLUTION AUTHORIZING AN AGREEMENT WITH SPADARO
ENTERPRISES INC. FOR CITYWIDE STREET SWEEPING SERVICES
WHEREAS, the Public Works Department is responsible for the maintenance of the City’s roadway network which consists of approximately eighty-eight (88) centerline miles of streets; and,
WHEREAS, a key maintenance activity is annual street sweeping which sweeps the entire width and length of all City-owned streets once per year which supports the overall appearance of the City and also contributes to the City’s compliance with the National Pollutant Discharge Elimination System (NPDES) requirements related to stormwater; and, WHEREAS, funding is included in the Fiscal Year 2024-25 Operating Budget, within the Street Maintenance section, to support the Citywide street sweeping program; and, WHEREAS, staff developed and circulated a Request for Proposals that outlined the scope of services and requirements for this effort and on March 19, 2025, the City received three (3) proposals; and,
WHEREAS, all three (3) proposers demonstrated experience with street sweeping services and the lowest cost proposal was that of Spadaro Enterprises Inc. (Lancaster, CA) with a lump sum cost of $39,995; and,
WHEREAS, Spadaro Enterprises Inc. is experienced with multiple locations throughout San Bernardino County, and has held previous contracts with the County for these services; and, WHEREAS, staff has contacted these references and received satisfactory feedback as to their performance of these contracts; and,
WHEREAS, based upon the proposal received and their investigation of the contractor’s background and experience, staff is recommending an award of this contract to Spadaro Enterprises Inc.

NOW, THEREFORE, BE IT RESOLVED by the City Council that:

1. An agreement is authorized with Spadaro Enterprises Inc. for Citywide Street Sweeping Services in the amount of $39,995 and the City Manager is authorized to execute all necessary documents in a form approved by the City Attorney.

Item 1.17
Attachment 1
PASSED, APPROVED AND ADOPTED this 9th day of April, 2025.

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 five; that the foregoing resolution, being Resolution No. 2025-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 9th day of April, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MEETING
DATE: April 9, 2025
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: Resolution Awarding a Construction Contract to CAT Tracking, Inc. for the 2025 Citywide Line Striping Project

BACKGROUND & DISCUSSION
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 2024-25 CIP budget, as well as the proposed Fiscal Year 2025-26 CIP budget, include sufficient funding to stripe City streets twice annually.

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.

As has been the recent practice of the City, staff has conducted a bid solicitation for striping work to be completed during both the Spring and Fall of 2025 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. 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 12, 2025, the City Council authorized staff to conduct a bid solicitation for this project in accordance with the City’s purchasing guidelines. On March 26, 2025, staff received, publicly opened, and read aloud 4 bids with the following results:

Bidder Location Total Bid Price
CAT Tracking Inc. Riverside, CA $169,900.20
Superior Pavement Markings Inc. Cypress, CA $199,857.05 WGJ Enterprises Inc. dba PCI Azusa, CA $253,422.69
Sterndahl Enterprises Inc. Sun Valley, CA $258,589.70
Staff has reviewed the bids received for completeness and accuracy and the contractors’ Item 1.18
backgrounds for qualifications and experience. CAT Tracking Inc. 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 and CAT Tracking, Inc. has previously performed similar striping work for the City of Big Bear Lake.

The bid specifications for this project indicate the timing on which this work shall be completed as there are two phases to the project included within the proposed contract. 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 $169,900.20. Staff is requesting an additional contingency fund of $17,000.00 (approximately 10%) to address any unforeseen conditions or additional work that may arise during the completion of this project. The total contract award, including the base bid and contingency amounts, is $186,900.20. Sufficient funding for this project is available within the adopted Fiscal Year 2024-25 Capital Improvement Program (CIP) budget and is also considered within the proposed Fiscal Year 2025-26 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.

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”.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to CAT Tracking Inc. for the 2025 Citywide Line Striping Project.

ATTACHMENTS

1. Resolution No. 2025-XX
RESOLUTION NO. 2025-XX

RESOLUTION AWARDING A CONSTRUCTION CONTRACT
TO CAT TRACKING, INC. FOR THE 2025 CITYWIDE LINE

STRIPING PROJECT
WHEREAS, the City of Big Bear Lake is responsible for the maintenance and operation of approximately eighty-eight (88) centerline miles of streets and the annual Capital Improvement Program (CIP) budget includes funding for street maintenance and repair activities; and, WHEREAS, the maintenance and repair activities include pavement rehabilitation and repair, patching, crack sealing, and street striping; and,
WHEREAS, street striping is a primary activity of the Public Works Department to ensure that the street lines and markings are updated regularly to ensure the safety of motorists; and; WHEREAS, the available budget provides sufficient funding to perform street striping activities twice annually, once in Spring for a complete restriping of all lane lines, crosswalks, and street legends, and once in the fall to retouch lane lines going into the winter season; and; WHEREAS, on March 26, 2025, staff received, publicly opened and read aloud 4 sealed bids with the lowest bid received being that of CAT Tracking Inc. with a base bid price of $169,900.20; and, WHEREAS, staff reviewed the bids received and the contractors’ backgrounds and experience and have found that CAT Tracking Inc. is the lowest responsive bidder for this project as they have a satisfactory record of completing similar projects for both public and private customers; and, WHEREAS, funding is available in the adopted Fiscal Year 2024-25 Capital Improvement Program (CIP) budget and is also considered within the proposed Fiscal Year 2025-26 CIP Budget; and,
WHEREAS, in addition to the base bid price of $169,900.20, staff is requesting a contingency amount of $17,000.00 (approximately 10%) to cover the cost of any unforeseen conditions or additional work that may arise during the completion of this project; and, WHEREAS, the total award to CAT Tracking, Inc. for the 2025 Citywide Line Striping Project is $186,900.20, inclusive of the stipulated contingency amount.

NOW, THEREFORE, BE IT RESOLVED by the City Council that:

1. A construction contract is awarded to CAT Tracking Inc for the 2025 Citywide Line Striping Project in the amount of $186,900.20, which includes a contingency amount of $17,000.00.

Item 1.18
Attachment 1

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

PASSED, APPROVED AND ADOPTED this 9th day of April, 2025.

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 five; that the foregoing resolution, being Resolution No. 2025-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 9th day of April, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

MEETING
DATE: April 9, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Katya Meyer, Project Manager
SUBJECT: Initiation of Proposition 218 Proceedings to Consider Proposed Adjustments to Solid Waste Collection Rates

BACKGROUND & DISCUSSION
The collection and disposal of solid waste is a critical City service as it provides for the protection of public health, safety, and welfare within the community as it reduces health hazards and sanitary concerns. Since 1991, the City has provided these services through a contract with a private waste hauler, Big Bear Disposal, Inc. In August 2022, the City Council approved a new franchise agreement with Big Bear Disposal, Inc. to provide for all solid waste collection, disposal, and environmental compliance for general solid waste, recycling, and organic (green) waste. The franchise agreement provides for a twelve (12) year term through June 30, 2034.

The franchise agreement provides for both residential and commercial collection and Big Bear Disposal provides for all labor, equipment, including receptacles, and disposal costs. The service offers residential customers curbside collection and the use of the Clean Bear Sites, with the ability to utilize both options. Additionally, the franchise agreement also provides services that were not previously offered in Big Bear Lake, such as automated curbside disposal, and separate organic waste collection, which was implemented in compliance with Senate Bill (SB) 1383 Regulations.

SB 1383 was substantial legislation related to the disposal of solid waste that was signed into law in 2016 to reduce methane emissions throughout the State. SB 1383 has required diversion targets of a 75% reduction in organic material being disposed in landfills as well as additional solid waste regulations. The California Department of Resources Recycling and Recovery (CalRecycle) adopted regulations to implement SB 1383.

At the time the franchise agreement was approved, the City Council also approved a new rate structure for solid waste services. The rate schedule included a fixed rate for the initial three (3) years of the agreement and then a variable rate for subsequent years of the agreement. An overview of the rates is provided below:

Service Year
Beginning
Residential Service
Monthly
Residential Service
Annually
Commercial Service
Monthly
FY 2021-22 $22.94 $275.28 $138.63
August 1, 2022 $27.50 $330.00 $166.36
July 1, 2023 $32.10 $385.70 $194.14
Item 1.19
July 1, 2024 $36.43 $437.16 $220.35
The commercial service rate outlined above is reflective of a typical commercial service, which is one three-yard bin, serviced once per week (1x3x1). The commercial service rates for different service levels are included in the complete rate schedule.

For purposes of collecting the fees for solid waste services, the residential fees are collected on the property tax roll from all single-family residential customers by the City of Big Bear Lake and remitted to Big Bear Disposal. Big Bear Disposal invoices the City monthly for residential solid waste collection. For all commercial and multi-family properties, which are residential units with five (5) or more dwelling units, customers are billed monthly by Big Bear Disposal.

The rate is comprised of a collection, disposal and processing component. Pursuant to the franchise agreement, beginning July 1, 2025, the rates must be adjusted for inflationary costs associated with providing collection services. The collection component of the rate is adjusted based upon a formula that allows for an inflationary adjustment based on the annual change to the Consumer Price Index (CPI) for All Urban Consumers (not seasonally adjusted) for the Los Angeles-Long Beach-Anaheim area, for the period ending March 31 immediately before the July 1 adjustment, up to 5%. The rates must also be adjusted each July 1 based on the percentage increase in the disposal rate (referred to as gate or tipping fees) set by San Bernardino County for solid waste at landfills and in the processing fee charged by the applicable material recovery facility. An example of how the rates are adjusted was included in franchise agreement and is attached to this report.

Big Bear Disposal has provided a letter requesting a rate adjustment of 5% across all residential and commercial collection rates. The factors for this rate adjustment include a CPI factor of 5% for the collection component and a change of 5% for the processing component. There is no adjustment for the County disposal rate as the County has left their rate fixed for this period. The proposed rate has been calculated pursuant to the formula established within the franchise agreement and is within the established maximum adjustment. The proposed rates to be effective July 1, 2025 are as follows:

Service Year
Beginning
Residential Service
Monthly
Residential Service
Annually
Commercial Service
Monthly
July 1, 2025 $38.25 $459.00 $231.37
The implementation of the updated rates are subject to proceedings dictated by Proposition 218.

Proposition 218, also known as the Right to Vote on Taxes Act, was approved by California voters in 1996 and requires that property-based fees, such as solid waste services be subject to a majority protest proceeding conducted at a Public Hearing. The Public Hearing is scheduled for June 11, 2025. The City is required to send a notice to all property owners and tenants of the properties receiving solid waste services and subject to the rates, at least forty-five (45) days before the Public Hearing with information related to the proposed fee and the procedures on how a property owner or tenant can submit a written protest on the rates.

FISCAL IMPACT
There is no impact to the General Fund. Solid waste customers will fund solid waste collection services through the rates that will be imposed. The proposed rate adjustment would establish the residential solid waste collection rate for the period effective July 1, 2025 at $38.25. The total residential solid waste collections charges remitted to Big Bear Disposal for this period will be approximately $3,900,000. The rates will also be adjusted for commercial solid waste customers and collected directly by Big Bear Disposal.

ENVIRONMENTAL CONSIDERATIONS
There is no environmental review associated with the adoption of the solid waste franchise agreement or the solid waste rates. The Resolution is statutorily exempt from the requirements of CEQA pursuant to State CEQA Guidelines section 15273(a).

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.”

RECOMMENDED ACTION
It is recommended that the City Council authorize the Initiation of Proposition 218 Proceedings to Consider Proposed Adjustments to Solid Waste Collection Rates, and direct staff to mail out the Proposition 218 notices to property owners and tenants.

ATTACHMENTS

1. Letter from Big Bear Disposal Requesting a Rate Adjustment

2. Draft Proposition 218 Notice

3. Exhibit A – Compensation Adjustment Calculation from Approved Franchise Agreement

4. Maximum Rate Schedule for Solid Waste Handling Services effective July 1, 2025 Item 1.19
Attachment 1

Public Works Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com

CITY OF BIG BEAR LAKE

NOTICE OF PUBLIC HEARING

REGARDING PROPOSED INCREASES TO

SOLID WASTE CHARGES
NOTICE IS HEREBY GIVEN that the City Council of the City of Big Bear Lake will hold a public hearing on June 11, 2025, at 5:00 p.m. or as soon as possible thereafter, in Hofert Hall, Big Bear Lake City Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 to consider adopting increases to the rates for collection and handling of trash, recycling, and organic waste services within the City (collectively, “Solid Waste Services”). Said public hearing will be held to consider all oral testimony and written protests to, and the adoption of the proposed rate increases.

Proposed Increase
Big Bear Disposal, Inc. provides Solid Waste Services within the City pursuant to an exclusive franchise agreement. The City bills property owners of single family homes and vacant lots on the property tax roll. Big Bear Disposal, Inc. bills all multi-family and commercial customers directly for Solid Waste Services. The rate structure for monthly Solid Waste Services is for the following customer classes: (i) single family; (ii) vacant lots (iii) multi-family and commercial. The rates for Solid Waste Services for each customer class is determined based on: (i) the size of the container serving the property; (ii) the materials accepted in the container (e.g., trash, recyclables, or organic waste) serving the property; and (iii) the frequency of pickups per week.

The proposed rate increases for Solid Waste Services are necessary for Big Bear Disposal, Inc. to provide trash, recycling, and organic waste collection services based on the City’s existing agreement with Big Bear Disposal, Inc. and to cover inflationary increases to the cost of providing the service.

If the rates are approved, the rates in Exhibit A will take effect July 1, 2025 for Solid Waste Services. As noted in more detail below, the rates will then be adjusted for annual automatic adjustments for a five-year period to cover inflation, disposal fee (tipping or gate fee) increases, and processing fee increases. In no event may an automatic increase exceed the City’s cost of providing Solid Waste Services.

Annual Rate Adjustments
CPI Adjustment for Collection Component
For the fiscal year beginning July 1, 2026, and annually thereafter on July 1 through and including July 1, 2030, the collection component of the maximum rates provided in Exhibit A shall be automatically adjusted annually by multiplying each rate by the percentage equal to the change in the Consumer Price Index ("CPI") for All Urban Consumers, CUUSS49ASA0 not seasonally adjusted, all items index (CPI-U) – Los Angeles-Long Beach-Anaheim, CA average, as determined by the United States Department of Labor Statistics, for the twelve (12) month period ending on the date of March 31 immediately prior to the applicable adjustment date. The CPI adjustment for the collection component will be subject to an annual cap of 5%.

Item 1.19
Attachment 2
Public Works Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com Tipping or Gate Fees
For the fiscal year beginning July 1, 2026, and annually thereafter on July 1 through and including July 1, 2030, rates for Solid Waste Services will also be annually adjusted for changes in tipping or gate fees charged by the landfill based on the percentage increase in the tipping fees applied to the Disposal portion of the maximum rates.

Processing Fees
For the fiscal year beginning July 1, 2026, and annually thereafter on July 1 through and including July 1, 2030, rates for Solid Waste Servies will be annually adjusted for changes in processing fees charged by any transfer station and material recovery facility not owned by Big Bear Disposal, Inc., that receive and process waste generated in Big Bear Lake. The adjustment will be based on the percentage increasing in the processing fees applied to the Processing portion of the maximum rates.

How to Protest
Any property owner or tenant may file a written protest against the rates at any time before the end of the public hearing. Only one written protest per parcel will be counted. The protest must identify: (a) the location of the identified parcel (by street address or Assessor's Parcel Number); (b) the name and signature of the property owner/tenant; and (c) a clear written statement protesting the rate increase. If the person submitting the written protest is the owner of record, but was not shown on San Bernardino County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail or in person, and must be received (not postmarked) by the Office of the City Clerk, City of Big Bear Lake, 39707 Big Bear Blvd., Big Bear Lake, CA 92315, prior to the close of the public comment portion of the Public Hearing on June 11, 2025. Oral, telephonic, facsimile, and e-mail protests will not be accepted. Please identify on the front of the envelope for any protest, “2025 Public Hearing on Solid Waste Rate Increases.” The City Council will consider all written protests and hear and consider all oral comments to the proposed rate increases for Solid Waste Services at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adoption of the rate increases to the Solid Waste Services as described herein. If written protests against the proposed Solid Waste Services are not presented by a majority of the property owners of the identified parcels upon which the rates are proposed to be imposed and tenants directly responsible for the payment of the Solid Waste Services, the City Council will be authorized to impose the Solid Waste Services rates as outlined above. If adopted, the proposed rate increases in Exhibit A will take effect beginning July 1, 2025. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services.

Questions
If you have questions about how your rates will be affected or about filing a written protest, please contact the Engineering Division, at (909) 866-7521 or [email protected]. Office hours are M-F, 8am-5pm.

EXHIBIT A

COMPENSATION ADJUSTMENT CALCULATION
For purposes of this Agreement, including for the applicable adjustments to the compensation as prescribed in Section 24 of Agreement, the structure of the rate shall be:
100% = Collection (75%) + General Disposal (15%) + Processing (10%) Example using Standard Residential Rate effective July l, 2024: $36.43 $36.43 = $27.32 (Collection)+ $5.47 (General Disposal)+ $3.64 (Processing) 75% 15% 10%
Annual CPI Adjustments: Pursuant to Section 24.3 of Agreement, the component of the rate applicable to collection shall be subject to annual CPI adjustments, with a cap of 5%.

Landfill Tipping or Gate Fees: Pursuant to Section 24.5, contractor shall be entitled to adjust the component of the rate applicable to disposal to recover increased gate or tipping fees. The increase will be a percentage adjustment reflective of the verified cost increase.

Processing: Pursuant to Section 24.5, contractor shall be entitled to adjust the component of the rate applicable to processing to recover increased processing fees by the applicable material recove1y facility. The increase will be a pen;mtage adjustment reflective of the verified cost increase.

Representative Example:

For rates effective July 1, 2025, assume that the following information is applicable • The CPI index for the most recent March/March Period if3.5% • The tipping fees at the County landfills increase on July 1 by 4.25% • The gate fees at the materials recovery facility increase July 1 by 4% Assuming the above information, and pursuant to the provisions of the Agreement, the rate would be calculated as follows:

July 1, 2024: $36.43 = $27.32 (Collection)+ $5.47 (General Disposal)+ $3.64 (Processing) +3.5% +4.25% +4%
Collection: $27.32 + 3.50%=
General Disposal: $ 5.47 + 4.25%=
Processing: $ 3.64 + 4.00%=
Rate Effective July 1, 2025 =
19361.00041\40513868.l
$28.28
$ 5.70
$ 3.79
$37.77
-74-
Item 1.19
Attachment 3
Effective CURRENT July 1, 2025
Residential Cart Service / Monthly $ 36.43 $ 38.25
To Be Billed on Property Tax
Each Additional Refuse Container $ 13.49 $ 14.17
Pine Needles Above 15 Bags/Week $ 2.53 $ 2.65
Vacant Lots $ 2.02 $ 2.12
To be Be Billed On Property Tax
Commercial Trash Rates
2 Yard Bin Service
1 Time per week service $ 147.52 $ 154.89
2 Time per week service $ 294.97 $ 309.72
3 Time per week service $ 442.47 $ 464.60
4 Time per week service $ 589.99 $ 619.49
5 Time per week service $ 739.41 $ 776.38
6 Time per week service $ 885.01 $ 929.26
7 Time per week service $ 1,032.53 $ 1,084.15
3 Yard Bin Service
1 Time per week service $ 220.35 $ 231.36
2 Time per week service $ 440.85 $ 462.89
3 Time per week service $ 661.26 $ 694.32
4 Time per week service $ 881.70 $ 925.79
5 Time per week service $ 1,101.84 $ 1,156.93
6 Time per week service $ 1,322.47 $ 1,388.60
7 Time per week service $ 1,543.03 $ 1,620.18
4 Yard Bin Service
1 Time per week service $ 293.35 $ 308.02
2 Time per week service $ 586.70 $ 616.03
3 Time per week service $ 881.50 $ 925.57
4 Time per week service $ 1,175.02 $ 1,233.77
5 Time per week service $ 1,467.57 $ 1,540.95
6 Time per week service $ 1,761.72 $ 1,849.80
7 Time per week service $ 2,055.12 $ 2,157.87
Roll-off Containers
30 yard - seven (7) days use $ 452.58 $ 475.21
(Includes one (1) dump) + Add'l per ton $ 108.42 $ 113.84 Daily Rental after seven (7) days $ 15.00 $ 15.75
Exhibit A
Maximum Solid Waste Service Rates
Effective July 1, 2025
Item 1.19
Attachment 4
Commercial Can Service
2 cans solid waste - 1 can recycle 38.15 $ $ 40.05
3 cans solid waste - 1 can recycle 52.56 $ $ 55.19
4 cans solid waste - 2 cans recycle 72.46 $ $ 76.09
5 cans solid waste - 2 cans recycle 86.67 $ $ 91.01
6 cans solid waste - 2 cans recycle 105.94 $ $ 111.23
7 cans solid waste - 3 cans recycle 120.89 $ $ 126.94
Special Serivices
Manual pull-out for front loading bin 7.72 $ $ 8.11
Special Bin with Locking Lids $ 90.12 $ 94.63
Commercial start-up and bin delivery fee 82.21 $ $ 86.32 Weekend Rates $ 20.57 $ 21.60
Commercial Recycling
2 Yard Bin Service
1 Time per week service 99.02 $ $ 103.97
2 Time per week service 196.19 $ $ 206.00
3 Time per week service 297.08 $ $ 311.94
4 Time per week service 396.17 $ $ 415.98
5 Time per week service 497.10 $ $ 521.96
6 Time per week service 594.19 $ $ 623.89
7 Time per week service 693.24 $ $ 727.90
3 Yard Bin Service
1 Time per week service 147.68 $ $ 155.06
2 Time per week service 295.45 $ $ 310.22
3 Time per week service 443.16 $ $ 465.31
4 Time per week service 590.88 $ $ 620.42
5 Time per week service 738.38 $ $ 775.30
6 Time per week service 886.25 $ $ 930.56
7 Time per week service 1,034.08 $ $ 1,085.79
4 Yard Bin Service
1 Time per week service 196.42 $ $ 206.25
2 Time per week service 392.80 $ $ 412.44
3 Time per week service 590.67 $ $ 620.21
4 Time per week service 787.27 $ $ 826.64
5 Time per week service 982.66 $ $ 1,031.80
6 Time per week service 1,180.06 $ $ 1,239.06
7 Time per week service 1,376.53 $ $ 1,445.36

MEETING
DATE: April 9, 2025
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: Approve a Letter of Support for SB 346 (Durazo) Local Agencies: Transient Occupancy Taxes: Short-Term Rental Facilitator

BACKGROUND & DISCUSSION
Short-term rentals are regulated exclusively at the local level via the adoption of an ordinance that often includes regulations on permitting, tax compliance, noise, parking, occupancy, as well as other responsibilities for hosts and short-term rental facilitators.

Short-term rentals can present numerous challenges to neighborhoods and adjacent property owners. They may create additional noise, traffic, parking, and public safety issues, decrease available housing stock, and in some cases turn residential neighborhoods into de-facto hotel rows, collectively creating additional demands on local public service providers.

Unfortunately, the enforcement of transient occupancy taxes (TOT) ordinances and the collection and remittance of these taxes from short-term rentals can be inconsistent, even when voluntary collection agreements are in place with a short-term rental facilitator. Cities lack access to property addresses or other property-related information, even under these agreements, resulting in a difficult choice to either accept tax payments without any way to verify their accuracy and legality or attempt to collect taxes directly from property owners—a costly and time-consuming process.

Meanwhile, short-term rental facilitators have full knowledge of these properties’ locations and resist disclosing this information. Cities can only compel short-term rental facilitators to disclose this critical information through certain legal action, such as subpoenas. This is not how oversight of public dollars should work.

SB 346 would address the above issues by providing cities with the assessor parcel number of each short-term rental listed on the facilitator’s website and full audit authority of TOT dollars. These changes would ensure the correct amount of TOT is being collected and remitted and would allow for more efficient enforcement against unlicensed units.

FISCAL IMPACT
There is no fiscal impact associated with this item.

Item 1.20

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 aims to preserve and protect the quality of life for both residents and businesses in our community.

RECOMMENDED ACTION
It is recommended that the City Council approve a Letter of Support for SB 346 (Durazo) Local Agencies: Transient Occupancy Taxes: Short-Term Rental Facilitator.

ATTACHMENTS

1. League of California Cities Co-Sponsor and Support Letter

2. City Letter of Support
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org February 26, 2025
The Honorable Maria Elena Durazo
Chair, Senate Local Government Committee
1021 O St., Room 7530
Sacramento, CA 95814
RE: SB 346 (Durazo) Local agencies: transient occupancy taxes: short-term rental facilitator.

CO-SPONSOR AND SUPPORT (As Introduced on February 12, 2025) Dear Senator Durazo,
The League of California Cities (Cal Cities) is pleased to co-sponsor and support SB 346, which would better equip cities to enforce local ordinances related to the collection and remittance of transient occupancy taxes (TOT) for short-term rentals.

Short-term rentals are regulated exclusively at the local level via the adoption of an ordinance that often includes regulations on permitting, tax compliance, noise, parking, occupancy, as well as other responsibilities for hosts and short-term rental facilitators. In some instances, ordinances limit the number of short-term rentals allowed to operate lawfully, other ordinances ban short-term rentals entirely.

Short-term rentals can present numerous challenges to neighborhoods and adjacent property owners. They may create additional noise, traffic, parking, and public safety issues, decrease available housing stock, and in some cases turn residential neighborhoods into de-facto hotel rows, collectively creating additional demands on local public service providers.

Unfortunately, the enforcement of TOT ordinances and the collection and remittance of these taxes from short-term rentals can be inconsistent, even when voluntary collection agreements are in place with a short-term rental facilitator. Cities lack access to property addresses or other property-related information, even under these agreements, resulting in a difficult choice to either accept tax payments without any way to verify their accuracy and legality or attempt to collect taxes directly from property owners—a costly and time-consuming process. Meanwhile, short-term rental facilitators have full knowledge of these properties’ locations and resist disclosing this information. Cities can only compel short-term rental facilitators to disclose this critical information through certain legal action, such as subpoenas. This is not how oversight of public dollars should work.

SB 346 would address the above issues by providing cities with the assessor parcel number of each short-term rental listed on the facilitator’s website and full audit authority of TOT dollars. These changes would ensure the correct amount of TOT is being Item 1.20
Attachment 1
collected and remitted and would allow for more efficient enforcement against unlicensed units.

If you have any questions, do not hesitate to contact me at [email protected].

Sincerely,
Ben Triffo
Legislative Advocate
City of Big Bear Lake, California
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com April 9, 2025
The Honorable Maria Elena Durazo
Chairwoman, Senate Governance and Finance Committee
California State Capitol
1021 O Street, Suite # 7530
Sacramento, CA 95814
RE: SB 346 (Durazo) Local agencies: transient occupancy taxes: short-term rental facilitator.

Notice of SUPPORT (As Introduced on February 12, 2025)
Dear Senator Durazo,
The City of Big Bear Lake supports SB 346, which would better equip cities to enforce local ordinances related to the collection and remittance of transient occupancy taxes (TOT) for short-term rentals.

Short-term rentals are regulated exclusively at the local level via the adoption of an ordinance that often includes regulations on permitting, tax compliance, noise, parking, occupancy, as well as other responsibilities for hosts and short-term rental facilitators. In some instances, ordinances limit the number of short-term rentals allowed to operate lawfully, other ordinances ban short-term rentals entirely.

Short-term rentals can present numerous challenges to neighborhoods and adjacent property owners. They may create additional noise, traffic, parking, and public safety issues, decrease available housing stock, and in some cases turn residential neighborhoods into de-facto hotel rows, collectively creating additional demands on local public service providers.

Unfortunately, the enforcement of TOT ordinances and the collection and remittance of these taxes from short-term rentals can be inconsistent, even when voluntary collection agreements are in place with a short-term rental facilitator. Cities lack access to property addresses or other property-related information, even under these agreements, resulting in a difficult choice to either accept tax payments without any way to verify their accuracy and legality or attempt to collect taxes directly from property owners—a costly and timeconsuming process. Meanwhile, short-term rental facilitators have full knowledge of these properties’ locations and resist disclosing this information. Cities can only compel shortterm rental facilitators to disclose this critical information through certain legal action, such as subpoenas. This is not how oversight of public dollars should work.

Item 1.20
Attachment 2
City of Big Bear Lake, California
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com SB 346 would address the above issues by providing cities with the assessor parcel number of each short-term rental listed on the facilitator’s website and full audit authority of TOT dollars. These changes would ensure the correct amount of TOT is being collected and remitted and would allow for more efficient enforcement against unlicensed units.

For these reasons, the City of Big Bear Lake supports SB 346.

Sincerely,
Mayor Perri Melnick
City of Big Bear Lake
cc. Senator Rosilicie Ochoa Bogh
Assemblymember Tom Lackey
Laura Varela, Regional Public Affairs Manager, [email protected] Meg Desmond, League of California Cities, [email protected]

DISCUSSION/ACTION

ITEM REPORTS

MEETING
DATE: April 9, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, Assistant City Manager/City Clerk SUBJECT: Approve Amendments to the City Council Policy, Procedures and Rules of Order Manual

BACKGROUND & DISCUSSION
The City Council Policy, Procedures and Rules of Order Manual (“Rules of Order”) establishes various policies and procedures the City Council uses to fairly govern the conduct of its meetings and to ensure they are proceeding with the business of government in a lawful, professional, and orderly manner. Per the City’s Charter and Municipal Code the Rules of Order shall be adopted by resolution and amended from time to time as needed. The current version of the Rules of Order, was adopted by Resolution 2022-30 on March 7, 2022. Since that date, the City Council has publicly reviewed the Rules of Order a few times, without directing staff to make any revisions to the manual. At a Special Meeting held on February 12, 2025, the City Council again reviewed the Rules of Order and through that discussion they reached consensus on several revisions and provided direction to staff to incorporate these changes into the Rules of Order.

At that Special Meeting, the City Council and staff also discussed the need for some minor procedural adjustments that staff would incorporate in the revisions, some of which include; updating the Regular Meeting date to align with the City’s related Ordinance, rearranging the Order of Business included on the meeting agendas to follow current practice, and removing a reference that indicates the Big Bear Lake Fire Authority Board is required to adhere to this manual. The City Council further directed staff to include the following guidance, along with some other minor revisions to the Rules of Order document:
• Document that the Mayor and Mayor Pro Tem are the designated City Councilmembers responsible for speaking to the Press.
• Define what is considered an “excused absence” from City Council meeting attendance.
• Update verbiage in the “annual Review of Residency” section. • Include a reference to the process for removing Planning Commission or DWP Board member appointments.

The City Manager, City Clerk and City Attorney believe we have drafted the Rules of Order revision per the direction received at the recent Special Meeting, however, if needed the City Council should modify the draft language in any way that more clearly defines the City Council’s collective ideas related to this governing policy.

Item 2.1

FISCAL IMPACT
There is no significant fiscal impact associated with this recommended action.

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 aids in the enhancement of community engagement and local advocacy strategies, while bolstering partnerships with residents, businesses and regional partners.

RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Amending the City Council Policy, Procedures and Rules of Order Manual.

ATTACHMENT

1. Resolution 2025-XX (including Exhibit A – City Council Policy, Procedure and Rules of Order Manual- track changes version)
RESOLUTION NO. 2025-XX

RESOLUTION AMENDING THE CITY COUNCIL POLICY,

PROCEDURES AND RULES OF ORDER MANAUAL
WHEREAS, the City Council is mindful of certain basic rights of due process, the need to address issues with equity and fairness, and the requirement to afford equal protection of the law; and, WHEREAS, the City Council has a duty to proceed with the business of government in a professional, efficient and orderly fashion; and,
WHEREAS, the City’s Charter and Municipal Code requires that the City Council adopt Rules of Order to govern the conduct of its meetings and other related functions; and, WHEREAS, the City Council seeks to add new guidance to the City Council Policy, Procedures and Rules of Order Manual (Rules of Order).

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

1. The City Council hereby rescinds Resolution No. 2022-30.

2. The City Council hereby adopts the attached Rules of Order (Exhibit A).

PASSED, APPROVED AND ADOPTED this 9th day of April, 2025.

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 five; that the foregoing resolution, being Resolution No. 2025-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 9th day of April, 2025 and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
Item 2.1
Attachment 1
City of Big Bear Lake
City Council Policy, Procedures, and Rules of Order Manual Adopted by the Big Bear Lake City Council
by Resolution No. 2022-30 on March 7, 2022
Exhibit A
i

TABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 – INTRODUCTION & PURPOSE 1
CHAPTER 2 – ROLE OF CITY COUNCIL 2
CHAPTER 3 – COUNCIL MEETINGS 12
CHAPTER 4 – AGENDA 21
CHAPTER 5 – MEETING RULES OF CONDUCT AND DECORUM 23
CHAPTER 6 – ADMINISTRATIVE MATTERS 34
CHAPTER 7 – RELATIONSHIP AND CONDUCT 37
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 42
CHAPTER 9 – COMMISSIONS, COMMITTEES AND BOARDS 47
CHAPTER 10 – ENFORCEMENT 50
1 CHAPTER 1 – INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy, Procedures and Rules of Order Manual (“Manual”), the City Council of the City of Big Bear Lake (the “City Council” or “Council”) hereby establishes updated Rules of Order for the preparation of its agendas, conduct of its meetings, and transaction of other City business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates and supersedes any prior related Council Policies, Resolutions, rules and administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.

B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Big Bear Lake has a long and proud tradition of open government and civil, intelligent public discourse.

This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Big Bear Lake. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.

C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Big Bear Lake City Council consolidated and contained in a single, easily-accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.

II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.

B. Periodic Review. This Manual will be reviewed on an as needed basis, and revised by City Council resolution if and as needed.
2 CHAPTER 2 – ROLE OF CITY COUNCIL
I. OVERVIEW
A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.

B. Establishment of City Policy. City Policy is established, and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.

C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.

II. COUNCIL ELECTION AND GOVERNANCE
The City of Big Bear Lake is governed by a five-member City Council elected by-district to four-year terms on a staggered basis. Councilmembers are elected in the general election in November of even-numbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly-appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote. Prior to this meeting, the Council and Council-elect (in even numbered years) will be invited to participate in a regularly scheduled or special meeting in November December to provide each Councilmember and/or Councilmember-elect the opportunity to express their interest in becoming the Mayor or Mayor Pro Tem and/or in participating in various committees and agencies.

The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as show below. 3 1. The City Clerk opens nominations.

2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.

3. The City Clerk closes nominations.

4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.

5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.

6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.

The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.

Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.

III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.

B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion:

1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;

2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;
4 3. to determine the order of business at meetings of the City Council; and

4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi-judicial proceedings. The Mayor or the Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.

C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.

D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangements of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.

E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been adopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Big Bear Lake Municipal Code.

F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.

G. New Councilmember Orientation. The City Manager will lead, with assistance from the City Attorney and City Clerk, new Councilmember orientations to provide a comprehensive overview of City operations, policies, ordinances, applicable State law, current projects, and current initiatives.

IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency.

Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Big Bear Lake and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk immediately following the adoption of the Manual and again on 5 an annual basis at a Council meeting in December, their residency or domicile within the City of Big Bear Lake.

Requirements for residency and for proof of continued residency of Councilmembers are set forth in Chapter 1.12 of the Big Bear Lake Municipal Code (“Municipal Code”), as amended from time to time.

B. Advance Preparation for Meetings.

1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.

2. Seek Prior Clarification for Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda-package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, the City Attorney, or City Clerk as soon as possible after receipt of the agenda packet and prior to the meeting to which the agenda packet relates. The City Manager may delegate specific City staff to respond to questions, as may be helpful to the Councilmember and/or City Manager.

3. Avoid Unfair Surprise. Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting.

This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.

4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor, City Manager, and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. Any member of the Council not in attendance at a Council meeting shall be noted as “absent”. Such absences shall be considered unexcused, unless the City Council formally excuses an absence by a majority vote, in which case the absent member of the Council shall be noted as “excused”.

Absences. Each Councilmember is encouraged to report to the Mayor, City Manager or City Clerk at least twenty-four (24) hours prior to any scheduled Council meeting any expected absence of the Councilmember, and the basis for approval of any excused absence by the Council. Approval of an excused 6 absence by the Council shall be within the Council’s discretion by majority vote of those in attendance. An absence may be deemed by the Council excused if it is the result of a Councilmember’s illness, serious personal or family-related event or emergency, or significant and unavoidable work or social obligation. Other scheduling conflicts shall not ordinarily constitute a basis for Council approval of an excused absence.

C. Council Vacancies. Whenever a vacancy occurs in the Office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code Section 36512 or the provisions of Municipal Code Section 2.08.040 adopted by the City Council. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communications with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. – Should we add residency requirement comments here, to define how the process would be applied to candidates seeking appointment?
D. Leadership, Goals and Policy; Ex-Officio Roles of the City Council.

1. Leadership, Goals and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs. Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff. Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals.

However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.

2. Ex-Officio Roles. The City Council also serves as the Boards for the City of Big Bear Lake Fire Protection District, Big Bear Lake Fire Authority, and the Successor Agency to the Big Bear Lake Improvement Agency. References made in this Manual to the City Council also include the Council when acting in its roles on the Boards of the aforementioned entities.

E. Engaging in Legislative and Quasi-Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.
7 1. Legislative. These actions/decisions formulate rules to be applied to all future cases. Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations.

These actions are generally taken by ordinance or resolution.

2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi-judicial proceedings affect individual properties or parties. Quasi-judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.

3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.

F. Issuing Subpoenas. Pursuant to Government Code Section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
G. Handling Concerns or Complaints from the Public and Staff. Councilmember shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.

Councilmembers shall use the following procedures when handling concerns or complaints:

1. Receive – Listen to what the person has to say without preparing a response. 8 2. Repeat – Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom he/she has spoken about the matter prior to contacting a Councilmember.

3. Request – Ask what the person would like the Councilmember to do with the information and/or what is seen as a solution to the problem.

4. Review – Indicate that the information will be shared with the City Manager in order that the City Manager or his/her designee may be able to provide a response or additional information as may be necessary.

V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for dayto-day actions and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Big Bear Lake are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:

1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.

2. Public officials be independent, impartial, and fair in their judgement and actions.

3. Public office be used for the public good, not for personal gain.

4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

B. Principles and Standards. The principles and standards of ethical conduct for Big Bear Lake City Councilmembers are hereby established as set forth below.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Big Bear Lake and not for any private or personal interest, and they assure fair and equal treatment of all persons, claims and transactions coming before the Big Bear Lake City Council.

2. Comply with the Law. Councilmembers shall comply with the laws of the nation, the State of California, and the City of Big Bear Lake in the performance of their public duties. The laws include, but are not limited to:
the United State and California Constitutions, the Big Bear Lake City Charter, the Big Bear Lake Municipal Code, laws pertaining to conflicts of interest, 9 election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.

3. Councilmember Conduct. The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City’s business.

4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and Rules of Order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.

5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.

7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.

8. Use of Title. Councilmembers may use their title only when conducting official City business, for information purposes, or as an indication of background and expertise. Individual Councilmembers must be careful not to:
1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.

9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.

10. Use of Public Resources. Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.
10 11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.

12. Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for City employees, private citizens, and businesses dealing with the City.

Councilmembers shall recognize their role in individual dealings with City Employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.

13. Policy Role of Councilmembers. Councilmembers shall respect and adhere to the Council-Manager structure of Big Bear Lake City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.

14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government. Although this Code of Ethics and Conduct is intended to “be self-enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.

C. Norms and Protocols.

1. We conduct ourselves in a professional manner.

2. We respect open government.

3. We value civil, intelligent public discourse.

4. We seek to be efficient in our meetings.

5. We treat all members of the public with respect.

6. We understand our role in contributing to a positive workplace environment.

7. We respect the Council-Manager form of government, and Councilmembers do not interfere with the role of the City Manager or any professional duties of City staff.

8. We keep confidential matters confidential.

9. We know that a good working relationship between Councilmembers and with staff fosters good goal setting, policy making and service delivery.

10. We understand that Council acts as a body, all members are equal, and policy direction is only given by a majority vote of the Council. 11 11. We understand that staff is obligated to implement decisions made by the Council, even if one of us doesn’t agree the Council’s decision.

12. We are prepared for Council meeting and ask our questions of staff in advance so we can avoid surprising staff at the meetings. We know this is good teamwork.

13. We act with high integrity in all matters and follow our code of ethics. 12 CHAPTER 3 – COUNCIL MEETINGS
I. REGULAR MEETINGS
A. Regular Meetings of the Council shall be held in accordance with the schedule outlined in the Municipal Code and the adopted regular meeting calendar. All Regular Meetings shall adjourn by 10:00 p.m. unless a majority of the City Council votes to continue the meeting past the fixed time of adjournment. Any motion to extend the meeting beyond 10:00 p.m. shall include a list of specific Agenda items to be considered and shall specify in which order these items shall be handled. Any Agenda items not considered prior to 10:00 p.m. and not included in a motion to extend the meeting shall automatically be continued for consideration at the next regularly scheduled City Council meeting.

The annually approved meeting schedule will include regular City Council meetings held on the first and third Monday of each month except when there are City observed holiday conflicts or other holiday related scheduling considerations. When the meeting calendar allows for Council to hold a second regular monthly meeting, that Agenda will be tailored specifically for Council to participate in focused discussions related to significant City issues, initiatives, and other important timesensitive topics, in more of a workshop format.

All Regular Meetings of the City Council will be recorded and broadcast live on a local cable channel, YouTube, and on the City’s website, except in rare instances when unforeseen scheduling or technical issues may arise. Recordings of Regular City Council Meetings will be uninterrupted and will begin approximately ten (10) minutes before the start of the meeting, and will continue until all Councilmembers, staff members, and audience members vacate the Council chamber.

B. Compliance with Ralph M. Brown Act. To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the City Council shall be held in compliance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).

II. SPECIAL, WORKSHOP AND CLOSED SESSION MEETINGS
A. Special/Workshop Meetings. Special meetings and workshops are meetings of the Council held on special or irregular dates/times and may be called by three or more members of the Council or by the Mayor. The City Clerk shall prepare and mail, personally deliver, or deliver by any other means that ensures receipt, to each member of the City Council, and to each local newspaper and radio that has requested notice in writing at least 24 hours before the time of the meeting, a notice of special meeting starting time, place and business to be transacted. Only matters set forth in the notice of the meeting shall be discussed at such meeting and no ordinance (other than urgency ordinances) may be adopted. In the event of conflict between this paragraph 13 and the provisions of Section 54956 of the Government Code governing special meetings, the latter section shall prevail.

All Special Meetings of the City Council will be broadcast live on a local cable channel, YouTube and on the City’s website, except in rare instances when unforeseen scheduling or technical issues may arise. Recordings of Special Meetings will be uninterrupted and will begin approximately ten (10) minutes before the start of the meeting, and will continue until all Councilmembers, staff members and audience members vacate the Council Chamber.

B. Closed Session Meetings. The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney makes reports following Closed Sessions in accordance with the Brown Act.

III. CANCELLATION OF MEETINGS
A. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the Mayor, City Attorney, City Clerk and/or City Manager of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.

Per the Brown Act, the City Clerk can cancel a meeting when there is a lack of City Council quorum. Appropriate notices will be provided. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings. The Council may adjourn any regular, adjourned regular, special, or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time, and if all Councilmembers are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place and shall cause a written notice of the adjournment to be given as required for notice of a special meeting, unless such notice is waived as provided by Govt. Code Sec. 54956.

IV. MEETING MINUTES
A. As an Official Record. The official action minutes of the City Council will be kept by the City Clerk in a minute book with a record of each particular type of business transacted set off in paragraphs with proper sub-headings. The City Clerk shall be required to make a record only of such business that was actually passed upon by a vote of City Council and shall not be required to record any remarks of any member of the City Council or of any other person. Names or persons addressing the City Council, the title of the subject matter to which their remarks related, and whether 14 they spoke in support of or in oppositions to such matter shall be entered in the minutes.

B. Recordings. The City Clerk will electronically record all regular City Council meetings, with the exception of closed sessions, and will retain the video recordings per the City’s Records Retention Schedule. At his/her discretion, the City Clerk may retain video recordings for a longer period.

C. Distribution of Minutes. As soon as possible after each meeting, the City Clerk shall furnish a copy of the minutes to each Councilmember, the City Manager, each Department Head, and any other individuals designated by the City Clerk or City Manager.

D. Reading of Minutes. Unless the reading of the minutes of a Council meeting is requested by a member of the Council, the minutes may be approved without reading if the City Clerk has previously furnished each member of the Council with a copy thereof.

E. Approval of Minutes. Minutes may be approved by placement on the Consent Calendar. All Council members may vote on such approval, even if they were absent from the applicable meeting.

V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council meeting is generally shown on the agenda in the order set forth in Section (B), below, but may be modified (i.e. Mayoral appointment meeting) when necessary on a case-by-case basis by the Mayor on his/her own prerogative or by the City Manager, as the Mayor may deem appropriate.

B. General Order of Agenda Items of Business for Council Meetings. • Open Session
• Call To Order
• Roll Call
• Closed Session Public Communications
• Declaration of Closed Session Items
• Closed Session
• Open Session
• Call to Order
• Pledge of Allegiance
• Invocation
• Roll Call
• Results of Closed Session
• Presentations
• City Manager Announcements in Response to Prior Meetings’ Public Comments
• Public Communications Part 1
15 • Consent Calendar
• Items Removed from the Consent Calendar
• Public Hearings
• Discussion/Action Items
• Public Communications Part 2
• Comments, Announcements & Additional City Business
• Adjournment
VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS A. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s considerations of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.

1. Restrictions. Public comment periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in section 18707(a)(3)(c) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).

2. Reasonable Time, Place and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.

B. Appeal Hearings. Certain decisions made by the City’s Planning Commission, the City Manager, department directors, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, i.e., granting or denying of permits/licenses or other entitlements.

1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like). Fair hearings and impartial decision-makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision-making body in quasi-judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.
16 2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.

C. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.

1. When Required. Public hearings may be required on certain items as prescribed by the Big Bear Lake Municipal Code and/or state and federal law.

Some examples of when public hearings are generally required include:
zoning changes, some annexations, development code amendments, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.

2. Cancellation and Continuances for Hearings Set by Council. Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cancelled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re-noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.

3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuance of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.
(b) The written request shall specify: (1) the reasons for the request of continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which the matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
17 (e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.

4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by an in-person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations sets forth in Chapter 5, Section II.D of this Manual. (c) The Presiding Officer opens the public hearing.
(d) Members of the public present their comments, subject to time limits established by the Presiding Officer and/or this Manual. (e) The Presiding Officer closes the public heating after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action

5. General Quasi-Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provision of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b) Staff presents its report, either by way of written staff report or by inperson oral presentation. (c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual. (d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the 18 applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views. (f) Members of the public may present their comments, subject to time limitations established by the Presiding Officer and/or this Manual. (g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.
(i) Council deliberates and takes action.

D. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, procedural, minor and/or non-controversial in nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, second readings of ordinances, and other minor and/or non-controversial items. Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.

1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.

2. Pulling Consent Calendar Items. Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers.

This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motion to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said item(s) shall be removed from the Consent Calendar. If a motion to remove an item or items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, below.

3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/she wishes to vote 19 “no” on the item before the Presiding Officer or City Clerk calls for the vote.

After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting “no” on Item x.” E. Discussion/Action Items. Items on this portion of the agenda are each discussed/debated and voted on separately.

F. City Clerk, City Attorney and City Manager Comments. The City Clerk, City Attorney, and City Manager provide brief announcements regarding current events, projects, initiatives, and other matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.

G. Councilmember Board/Committee Reports and Comments. This portion of the agenda provides Councilmembers the opportunity to give a brief report on respective Cityappointed committee, agency and/or Board meetings attended since the last City Council meeting (i.e. Mountain Transit, BBARWA, etc.) in addition the Council can make brief general announcements on City events or projects germane to the business of the City. Comments shall pertain to items not on the posted agenda.

Councilmembers may also request that future agenda items be scheduled, provided at least one other member concurs with the request for a future agenda item. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.

H. Resolutions. As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more transitory in nature or a singular act like approving a budget amendment) are accomplished by resolutions. The adoption of a resolution will be referenced in the meeting minutes and will be recorded in a separate document, numbered in sequence and preserved in a separate set of books. Such resolutions are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another governmental agency, or when the frequency of future reference back to its contents warrants a separate document with the additional “whereas” explanatory material it often recites to facilitate such future reference and research.

I. Ordinances. An ordinance shall not be passed within five (5) days of its introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction at either a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Councilmembers present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be 20 passed only at a regular or at an adjourned regular meeting held at least five (5) days after introduction of the altered ordinance.

Corrections of typographical or clerical errors are not alterations within the meaning of this section.

Effective date: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance.

Publishing: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code.

Urgency Ordinance: All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5 majority, it may thereafter be considered and passed in the same manner as regular ordinances.

J. Invocation. All regular City Council Meetings will include an invocation after the open session meeting is officially called to order and the Pledge of Allegiance is recited. The brief invocation is intended to reflect upon the community’s shared ideals and common ends before the City Council embarks on the business of governing. To ensure objectivity in the selection of the speaker of the invocation, on an annual basis the City will compile a list of all known local individuals who are willing to volunteer to provide an invocation. The invocation speakers will be selected without preference to any specific religion, belief, faith or ideology. No guidelines or limitations shall be issued by the City regarding invocation context, except that the invocation may not proselytize or advance any faith, or disparage the religious faith or non-religious views of others.

Staff will make every effort to schedule a local religious or other leader to give the invocation, but in the event a religious leader or other leader cannot be scheduled, there is a last minute cancellation or the scheduled speakers fails to appear, a moment of silence will be observed in lieu of the invocation.

Related to the City Council’s inclusion of invocations into their public meetings. The City Council will also ensure that America’s national motto, “In God We Trust”, and America’s de facto motto “E Pluribus Unum” will be displayed under the City seal in the Council’s meeting chambers as a symbol of the City of Big Bear Lake’s national patriotism.
21 CHAPTER 4 – AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.

B. Council Preparation. To foster the orderly, effective and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.B of this Manual).

II. AGENDA PREPARATION
A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.

B. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and are typically made available to the Council on Thursday preceding each regularlyscheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act.

Once the agenda packet has been sent to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).

C. Minimum requirements. The agenda specifies the time and location of the meeting and a general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. 22 III. AGENDA ITEM SUBMISSION
A. Placing items on the Agenda. As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager, City Clerk or his/her designated staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.

B. Councilmember Agenda Requests. Any City Councilmember, with the concurrence of one additional Councilmember, may request to place an item on an upcoming City Council meeting agenda, providing the City Manager with at least 30 days’ notice in order to provide ample time for staff preparation. Such requests may be made during “Councilmember Board/Committee Reports & Comments” in a City Council meeting, or may be made directly to the City Manager at any other time. The City Manager may also place items on the City Council meeting agenda as necessary in his/her judgement to further ongoing City initiatives, meet Federal/State/other requirements, address perceived community needs and to take advantage of beneficial opportunities.

1. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).

2. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.

C. Agenda Requests by Members of the Public. Upon agreement by at least two members of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:

1. A member of the public may write a letter to the City Council.

2. A member of the public may speak during the Public Comment period at a City Council meeting.
23 CHAPTER 5 – MEETING RULES OF CONDUCT AND DECORUM
I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. Rosenberg’s Rules. Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict of ambiguity between Rosenberg’s Rules and the rules set forth in the Chapter, the rules in this Chapter shall prevail over Rosenberg’s rules.

B. Parliamentary. The City Attorney shall act as the Parliamentarian and shall decide all questions of order. In the absence of the City Attorney, the City Manager shall act as the Parliamentarian.

C. General Process for Handling Agenda Items. The following process is the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.

1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.

2. The City Manager, City staff, or submitter of the agenda item briefly discusses the item.

3. Staff presents its report (as needed), either by way of a written staff report or by an in-person oral presentation.

4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer.

Extensions granted may be appealed or overruled by a majority vote of the Council.

5. The Presiding Officer invites a motion.

6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.

7. An affirmative vote of the Council carries the motion, as described herein. 24 II. RULES OF DISCUSSION AND DEBATE FOR REGULAR MEETINGS A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or order to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.

B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.

C. Councilmembers to Address Presiding Officer. Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.

D. Questions to Staff. Every Councilmember desiring to ask questions of City staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV.A of this Manual, Councilmember questions to City staff shall be subject to a two (2) minute time limit per agenda item, not including the time taken for staff response(s). Statements masquerading as questions may be ruled out of order by the Presiding Officer.

E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two (2) minute period for Questions to Staff referenced in Section D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five (5) minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.
25 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: (1) called to order by the Presiding Officer, (2) a point of order or point of privilege is raised by another Councilmember, (3) the speaker chooses to yield to a question by another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

G. Point of Order. When a Councilmember believes a breach of the Council’s parliamentary procedure rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.

H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.

1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”

2. Point of Personal Privilege. The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the Council is concerned. A councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.

I. Move or Call the Question. Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion or Move or Call the Question, said motion must be seconded and passed by a two-thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues. 26 J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present.

Matters that are quasi-judicial in nature or matters that require a noticed public hearing cannot be reconsidered.

K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II.M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.

L. Remarks of Councilmembers and Synopsis of Debate. A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the Council entered into the minutes. If the Council consents thereto, such statements shall be entered into the minutes.

M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State Law, such as Government Code Section 36936, the provisions of the Political Reform Act, or the FPPC Conflicts of Interests regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.

N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the Council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons…”
O. Seconding of Motions Required. A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.

P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.

Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.
27 R. Voting Rules.

1. Vote Unless Disqualified. All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification.
(a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to Conflicts of Interest.
(b) Any Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon. Any Councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted (1) as neither an affirmative vote nor a dissenting vote and (2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.

2. Silence During the Vote. Unless a Councilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote.

3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote. All votes of the City Council shall be by roll call. The City Clerk shall randomly call the names of each member of the Council, except that the name of the Presiding Officer shall be called last. According to Government Code Section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent other specific law requirements, a motion carries with a majority vote of a quorum of the City Council.

4. Quorum. Three members of the City Council shall constitute a quorum for the transaction of business. When there is no quorum, the Mayor, Mayor Pro Tem, or any member of the Council shall adjourn such meeting, or if no member of the Council is present, the City Clerk shall adjourn the meeting.

For the purpose of considering any item subject to vote of the Council, when a member of the Council disqualifies him/herself to a conflict of interest, his/her presence shall not be counted toward a quorum and that person shall not be permitted to vote unless required pursuant to the rule of necessity. The rule of necessity shall not be applied where any member of the Council is absent. If the Council loses a quorum due to a disqualification and the rule of necessity does not apply, the remaining Councilmembers may continue to discuss the item as a committee of the whole, but they shall not take action on the item. 28 Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2 to 1, if only 3 members of the Council attend. The following matters, however, require three (3) affirmative votes: adoption of ordinances, resolutions granting franchises, order for payment of money, and selection of presiding officers.

If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection that number of its disqualified members which, when added to the members eligible to vote shall constitute a quorum.

5. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.

6. Changing a Vote. A councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not be subsequently allowed to withdraw his/her abstention.

S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict, and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (or the Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704 (d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain at the dais.

T. Leaving the Dais. To the extend a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember such relinquish his/her ability to speak on the same item upon his/her return to the dais.

U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and so not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.
29 III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL,

PUBLIC, AND STAFF
A. Public Participation.

1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to the City Clerk prior to the start of the meeting or before a public hearing item is announced.
(a) During Public Comment periods, each person receiving permission from the Presiding Officer to address the Council shall step up to the microphone at the podium and state his/her name and the city of residence for the record. The speaker shall then specify the agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non-agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons. All remarks shall be addressed to the City Council as a body only. No person other than a member of the Council and the person having the floor shall into any discussion without permission of the Presiding Officer. Public comment is permitted on items not on the agenda that are within the subject matter jurisdiction of the City, and on agenda items. Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three (3) minute maximum time limit when addressing a respective board (City Council, Fire Protection District or Successor Agency). Any qualified and interested person following this procedure shall have the right to be heard. (b) Members of the public may also submit written or email communications to the City Council at any time prior to or during the City Council meeting, and all Councilmembers will make every effort to read and consider such communications prior to consideration of the specific agenda item. However, in order to ensure receipt by Councilmembers and allow for thoughtful consideration of the comments, members of the public are encouraged to submit written or email communications no later than 10 hours prior to the start of the meeting.
(c) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time shall be allowed. In such event, the Presiding Officer 30 may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council. (d) During both Public Comment period and during Public Hearing Items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be address to the Council as a whole and not to any member thereof. No questions shall be asked be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer.
(e) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2(a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public, or arrange to discuss the request individually with the member of the public at an alternate time. (f) During public comment periods and irrespective of the subject of viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially timeconsuming setup or technical difficulties.

2. Spokesperson for Group of Persons. To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to speak to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed twenty (20) minutes). Such time limits shall allow for full discussion of the item by interested parties or their representative(s).

The purpose for any limitation described in this section is to ensure that 31 Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.

3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council.

B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed:

1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise (1) delay or interrupt the proceedings or the peace of the Council, (2) disturb any Councilmember while he/she is speaking, or (3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpointneutral manner. (a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or an item listed in the Appeal and/or Public Hearings sections of the agenda.
(b) E-Communication Prohibited. Except as specified in subdivision (d), below, Councilmembers shall not use E-Communication at any time during a meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-Communication is prohibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council, should take care to prevent the perception of a Brown Act violation, ensure the integrity of quasijudicial proceedings and to prevent the perception that other unknown parties are influencing Council decisions during the meeting. ECommunication, which includes blogging, is defined as “electronic text, audio or visual communication, and attachments distributed via email, telephonic service, website, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services”.

Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business. 32 (c) Exceptions for Emergencies. The limitation specified in subdivision (b), above, shall not apply to the receipt of telephone calls or text messages from family members in the event of an urgent family matter. Councilmembers wishing to respond to such a message during the meeting shall do so in a manner that does not disrupt the meeting.

Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer. (d) Recording or Live Streaming. Councilmembers shall not video record or live stream meetings while sitting at or standing behind the dais in such a manner that obstructs the view of or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Councilmember wishes to record or live stream a meeting while sitting at or standing behind the dais, such Councilmember shall further ensure that he/she is not recording in a manner that intrudes into the personal space of other Councilmembers or City staff (within twenty-four inches of the person); in a manner that records notes made by Councilmembers during meetings (which unnecessarily invades the Mental Processes and/or Legislative Privileges protecting legislators’ uncommunicated motivations for making a policy or decision); or in a manner that displays the protected work product of the City Attorney.
(e) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. (f) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item.

2. City Staff Members. City staff members and employees shall observe the same rules order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.

3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the City government. Each person who addresses the Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, personal or abusive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting hall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a 33 whole shall address disruptions in a consistent, transparent, and viewpointneutral manner.

4. Members of the Audience. No person in the audience at a Council meeting shall engage in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during the meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner:

1. Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meeting. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meetings as sergeant-atarms of the Council to remove that person from the Council chambers.

2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant-at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.

3. Motion to Enforce. If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.

4. Adjournment of Recess. If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration or order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.
34 CHAPTER 6 – ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT
General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes.

II. MAIL, DELIVERIES, AND E-MAIL
A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e-mail.

Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code Section 6250 et seq.) or another applicable law.

1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings.
(a) Members of the City Council receive mail and other materials from the public and staff. Ther City Clerk maintains a mailbox for each member into which written correspondence shall be placed. Councilmembers should check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.

2. Councilmember Responsibilities. If correspondence is received directly by a Councilmember without the City Clerk having opened and examine same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.

B. City-Issued E-mail Address. Each Councilmember will be issued a City email address (i.e. @citybigbearlake.com), and this email shall be used for all City Council related 35 email correspondence. The City email account will include an official email signature that identifies City Councilmembers in their official designations (i.e. Mayor, Councilmember) and includes an important public disclaimer informing all recipients that their email correspondence with the elected official may be subject to a Public Records Act request.

1. Status as Public Record. Pursuant to the Public Records Act, any e-mail sent or received by Councilmembers using the City-issued domain email address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.

2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e-mail correspondence received by them at their City of Big Bear Lake domain e-mail address.

C. Communications Using Non-City Accounts/Devices. Messages or communications received by Councilmembers on their personal electronic devices or personal e-mail accounts concerning City business may also be subject to disclosure under the Public Records Act. Additional rules are set forth in Section III, below.

D. Other Rules Relating to Correspondence. Any written correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a members of the City Council, or after the meeting if prepared by some other person.

All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk. In addition, Councilmembers need to be aware that their email correspondence is subject to the requirements of the Brown Act.

While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, public or staff, great care should be taken to avoid the use of email to contact a majority of the Council which may unintentionally result in conducting a serial meeting.

III. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES

FOR CITY BUSINESS
A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act. In complying with any Public Records Act request, a Councilmember shall be required to sign a statement that he/she is providing all communications from personal accounts or personal electronic devices, in the following form:
36 “I hereby declare or affirm under penalty of perjury that I am providing all requested communications from personal accounts or personal electronic devices.” B. Limitations and Rules on Use. To the extent feasible, City-issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible, but discouraged. The following rules must be observed:

1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Big Bear Lake domain e-mail address or other official City electronic messaging account provided to the Councilmember.

2. When Communications Received on Personal Accounts/Devices. If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either:
(a) Copy (“cc”) any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or
(b) Forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication.

C. Use of Social Media. Although social media has become an effective communication tool used by local government to provide direct communications with the community, elected officials need to be mindful to not use social media in a manner that could harm the City’s interest. In addition, Councilmembers should be cautious with their social media postings in an effort to avoid inadvertently conducting serial meetings that would violate the notice and public meeting requirements. When Councilmembers are making decisions about how to engage on social media, they should take a number of legal considerations into account such as; the Brown Act, the Public Records Act, due process, and First Amendment considerations. If a City Councilmember is unsure about how their particular uses of social media may or may not conflict with the current governmental regulations, it is advisable that they consult with the City Attorney.

D. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City-wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.
37 CAPTER 7 – RELATIONSHIP AND CONDUCT
I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Council-Manager Form of Government. The City has adopted a Council-Manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in making any requests requiring City staff’s involvement (with the exclusion of the City Attorney and City Clerk).

B. The City Council and City Manager Work as a Team. The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council. The City Manager is expected to adhere to the International City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager.

The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments.

C. Productive Relationship Requirements. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the Chief Executive Officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:

1. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately.

2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.

3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.

4. Avoid involvement in personnel issues related to City-Council-appointed staff, i.e., the City Manager, City Attorney and City Clerk, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.

5. Discuss directly with the City Manager any displeasure with a department or staff member.
38 6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints.

7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., an emergency situation, significant road closure, an area cordoned off by police or fire, a significant event, etc.

8. Avoid communicating with persons or parties in litigation with the City (or any entities for which the City Council sits ex-officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity's position in such litigation.

9. Include the City Manager in follow-up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City.

II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, and department directors. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, administrative hearings, negotiations, and similar proceeding to prepare and/or review and approve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.

B. Does Not Represent Individual Councilmembers or Staff. It is of the upmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole.

III. RELATIONSHIP AND CONDUCT WITH CITY CLERK
A. The City Clerk performs statutorily mandated duties and such tasks as may be assigned by the City Council and/or the City Manager. The general responsibilities of the City Clerk are:

1. to serve as the Elections Official of the City;

2. to protect and preserve the legislative record of the City Council and other various records;

3. to facilitate delivery of records consistent with the provisions of the Public Records Act;
39 4. to receive filings on behalf of the City;

5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials;

6. to advise City departments about best practices for records management.

IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General Considerations. Governance of City relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council's policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole.

Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure that the concern is resolved.

B. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.

1. If a councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.

2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.

3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.

V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Individual Councilmembers shall not direct staff to initiate any action or prepare any report, project or study. All such requests shall be made to the City Manager and/or the City Council. Councilmembers may ask the City Manager directly for information requiring limited resources and information, without first seeking concurrence from the majority of City Council. This information will be distributed to all City Councilmembers.
40 B. Responses to Requests. Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of magnitude, either in terms of workload or policy, that would require more than twenty (20) minutes of time in which to respond or is of such a nature that is would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.

C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager.

Councilmembers may also contact the City Attorney or City Clerk.

D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.

E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through email to ensure proper responsiveness.

F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council.

G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.

H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not such information is allowed to be disclosed, no Councilmember may use or permit the use of any such confidential information to advance the financial or personal interest of himself/herself or any other person. For 41 the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney-client privileged communication, attorney-client work product, personnel, medical, or similar information – the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code Section 6250 et seq.) 42 CHAPTER 8 – COMMUNICATION AND REPRESENTATION
I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION
A. Dual Roles of Councilmembers. A person elected to the City Council plays two roles:
a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.

B. General Policy Considerations. An important role of a Councilmember is communication. Communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.

II. CORRESPONDENCE FOM COUNCILMEMBERS/USE OF CITY FACILITIES A. Stationary Use and Related Guidelines

1. Use of City Letterhead. Individual City Councilmembers will be provided with official City stationary. City letterhead shall be used by the Mayor, Mayor Pro Team, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or another Councilmember. Use of City letterhead and/or title on personal matters (those not related to official City business) is not permitted.

The City will also maintain official City stationary that will include all five current Councilmembers’ names within the letterhead. Staff will use this stationary when preparing official City Council correspondence that will be signed by the Mayor in his/her official capacity as the Council representative.

2. Personal Stationary. Personal stationary without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationary shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.
43 3. Correspondence Public Record. All Councilmember correspondence created using City resources, including, but not limited to, City letterhead are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk. The City Clerk’s Office shall retain this correspondence in accordance with applicable records retention regulations.

4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to Official City business.

B. Regulations Related to Use of Public Resources for Official City Business/Personal or/Campaign Purposes

1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s official seal and logo shall be subject to the provisions of Chapter 1.06.040 of the Big Bear Lake Municipal Code and applicable State laws. The use of City seal, logo, or other insignia on personal matters and correspondence is not permitted.

2. Council Chambers and Staff Photos. The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Practices Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited.

3. Use of Titling, Labeling or Branding of Individual Councilmember Events. When an individual Councilmember is hosting a special meeting or event that is widely advertised and open to the general public, they are required to include a standard disclaimer message on all promotional materials associated with the event to ensure the participants are aware it is not an official City of Big Bear Lake meeting or event. In addition, all Councilmembers will be required to follow the City’s Ordinance related to the use of the official City seal and logo.

4. Use of City Office & Conference Rooms. The City Council will be provided with the use of one office to be shared by all five members of the Council.

This office will be equipped with a shared computer and each individual Councilmember will be provided with their own secure login. In addition, all Councilmembers can use any available conference rooms located at City Hall.

To ensure availability of the Council’s shared office and/or meeting rooms, please contact the City Clerk Department’s staff to schedule the use of these City facilities during normal City Hall business hours. Then the City’s staff will ensure these rooms are unlocked and set up appropriately per the requested needs (i.e. the heater is turned on, ensure the presentation computer 44 is logged into, set up the appropriate number of tables and chairs, etc.) of the meeting.

5. Use of City Facilities by Individual Councilmembers. Individual Councilmembers are permitted to utilize available offices conference rooms, and/or meeting spaces at City Hall (during normal business hours) and other City facilities as necessary or desired to meet with small groups of constituents and/or other parties for the purpose of conducting individual Councilmember business, and should reserve appropriate meeting space with City staff. Individual Councilmembers hosting a special meeting or event that is widely advertised and open to the general public, with the exception of campaign or election/re-election events which shall not be allowed, may host such events, at City facilities, so long any required permits are first obtained and all of the applicable fees are paid by the City Councilmember, as would be required of any other member of the community of organization.

III. SPEAKING FOR “THE CITY”
A. Issue Position Statements. When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X’, the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

B. Communication of Council Policy. The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such policy or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject.

C. Press Communications. Regarding any communication with any person among the press (i.e., newspaper, radio, and the like), the Mayor, or due to his/her unavailability the Mayor Pro Tem, shall ordinarily be the City spokesperson regarding any official statement authorized by the City Council. In addition to the Mayor/Mayor Pro Tem, the City Manager or his/her designee, shall ordinarily be deemed to have such authority, as well.

D. Supporting State or Federal Legislation. The City Council and/or City staff may receive requests to adopt supporting resolutions and/or to provide letters of support relating to issues that have a potential to impact our community. Many of these requests are of an urgent nature and require a prompt response. When a request isn’t time sensitive, the City Manager will include these items on the next City Council meeting agenda to seek approval from the entire City Council. When time is of the essence, the City Council provides authority to the Mayor and/or City Manager to use their judgment to determine if the City should offer their formal support to the requestor.
45 E. Representation at Ceremonial Functions.

1. City Sponsored Events. The Mayor, or Maor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or event in any program or agenda in such a function.

2. Non-City Sponsored Events. As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non-City sponsored event, he/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.

F. Appearances before Agencies and Organizations. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.

G. Participation in Community Activities. From time to time, Councilmembers may choose to participate in community activities, committees, events and tasks forces.

When a Councilmember participates in these types of activities, the Councilmember is acting as an interesting party rather than acting on behalf of the City Council.

Acting or participating on behalf Of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.

H. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12-month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions.

Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo or the City seal.

I. City Council Mileage Reimbursement. Councilmembers are not provided access to operate a City owned vehicle. Instead, the City provides each Councilmember with a monthly “Vehicle Allowance” per an adopted resolution. The current resolution (Resolution No. 88-09), provides a $50 monthly stipend be paid to each 46 Councilmember and a $100 monthly stipend be paid to the Mayor. This resolution indicates the monthly stipend is intended to reimburse a Councilmember for their personal vehicle expenses incurred while engaging in official City business. In addition, the City will reimburse Councilmembers for their personal travel expenses (including mileage) incurred while attending City related conferenced and training events. The current Elected and Appointed Officials Expense Reimbursement Policy (Resolution No. 2006-10) should be reference to determine all allowable travel reimbursements.

In the event a Councilmember is using their personal vehicle to attend various meetings/trainings related to their individual Agency/Board/Committee (i.e.

BBARWA, SCAG, MARTA) assignments, they should seek mileage/travel reimbursement from those organizations.

IV. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS A. The City Council has a practice of recognizing people, organizations, events and dignitaries that are related to our local community. The City Council will issue proclamations and other recognition items to honor an individual, an organization, recognize a special event or a special day, month or year. City Councilmembers, citizens, or bonafide organizations may request a proclamation and other recognition item. All recognition requests relevant to the City of Big Bear Lake will be considered except those related to political, religious, or lifestyle ideology. The City Manager shall determine if the recognition item will be issued by presentation during a City council meeting, at an event, or mailed to the requestor. 47 CHAPTER 9 – COMMISSIONS, COMMITTEES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Establishment of Ad Hoc Committees. The City Council and/or the Mayor can establish an ad hoc committee. The Mayor shall be responsible for appointing all members of any City ad hoc committee.

B. Role of City Commissions, Committees, Subcommittees, and Boards. Most commissions, committees, subcommittees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, subcommittee, or board is to make recommendations to the City Council on matters affecting the City of Big Bear Lake. Except as otherwise provided in State law, the City Charter, or City ordinances, commissions, committees, subcommittees, and boards have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, subcommittees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.

C. Instruction and Training. The Council shall ensure that all members of City committees and commissions are properly instructed on their responsibilities, direction, and performance expectations.

D. Planning Commission. The membership, powers, and responsibilities of the Planning Commission are set forth in the Big Bear Lake Municipal Code and various provisions of State law. In accordance there with, the Planning Commission has adopted rules for transacting Planning Commission business.

E. Conflict of Interest. All members of commissions, committees, and boards shall abide by provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest.

II. CITY COUNCIL SUBCOMMITTEES
A. Purpose. The City Council from time to time forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendations to the full Council regarding specific topics and may be designated as either Standing or Ad Hoc.

1. Standing Subcommittees. These subcommittees have a continuing subject matter jurisdiction or meeting schedules that are fixed by the Council.

Regardless of the number of members, standing subcommittees are required to comply with the Brown Act.

2. Ad Hoc Subcommittees. These subcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of less than a quorum of the City Council membership (2 members maximum) 48 are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.

B. Subcommittee Formation and Appointment.

1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor has the discretion to make appointments to such Standing subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.

2. Ad Hoc Subcommittees. The Council or the Mayor may create Ad Hoc subcommittees. The Mayor has the discretion to make appointments to such Ad Hoc subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.

C. Subcommittee Responsibilities. The responsibilities of subcommittees include making and submitting recommendations and information to the Council for consideration and/or a vote (once properly agendized as noted in Section III.C, below, to ensure compliance with the Brow Act). Staff will work with and support Council subcommittees as required and in accordance with the provisions of Section II of this Chapter.

III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS, COMMITTEES,

AND SUBCOMMITTEES
A. Staff to Provide Support. City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissions, committees, and subcommittees, and boards do not have supervisory authority over City employees. While staff may work closely with these entities (particularly the Planning Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Big Bear Lake Municipal Code or other City Council directive) of their respective committees/commissions.

B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back-up materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.

C. Procedure for Recommendations to Council. Advisory City commissions, committees, and subcommittees wishing to communicate progress, status and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff 49 for review by the City Manager and possible approval by the City Council.

Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.

IV. BOARDS, COMMISISONS, AND COMMITTEES ON WHICH

COUNCILMEMBERS SERVE AS CITY REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to and serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the San Bernardino County Transportation Authority (“SBCTA”), Big Bear Are Regional Wastewater Authority (“BBARWA”), Mountain Transit, and others.

B. Mayor to Make and/or Remove Appointments. Annually, after the first meeting in December, the newly seated Mayor shall make, and publicly announce, the Councilmember appointments to regional Boards, Commissions, and Committees. The Mayor or a majority of the City Council, shall have the authority to remove a regional Board, Commission and Committee appointment.

C. Absence. Whenever a member of the City Council is unable to attend a regional board or commission to which he or she is designated as the City’s representative, he or she shall notify his/her alternate.

D. Duties. Councilmembers serving as City representatives on such outside agencies shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.
50 CHAPTER 10 – ENFORCEMENT
I. WARNING
Violation(s) of State, Federal, or local laws; or of City policy, including the provisions of this Manual, by an individual Councilmember may result in the issuance of a formal warning to the member. The purpose of the formal warning is to acknowledge the violation(s), educate the member, and promote the desired change in behavior or action in the future. The formal warning may be made in the form of a simple motion, and approved by a majority of the City Council.

II. REPRIMAND
Multiple or repeated violations of State, Federal, or local laws; or of City policy, including the provisions of this Manual, may result in the issuance of a formal written reprimand to an individual Councilmember. The purpose of the formal written reprimand is to convey heightened concern regarding the violation(s), and further impress upon the member the need for a change in behavior or action in the future. The formal written reprimand shall be made in the form of a resolution approved by a majority of the City Council.

III. CENSURE
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “Law”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense, or the conduct involves intentional and repeated violations of Law or City policy after other Councilmembers have informed the offending Councilmember of the violation(s).

Censure carries with it no fine or suspension of the rights of the members as an elected official, but it nonetheless is a punitive action for wrongdoing.

IV. CENSURE PROCEDURE
A. Request for Censure Hearing. During the open portion of any regular or special meeting of City Council, any Councilmember may make a motion to calendar a censure hearing concerning the volatile conduct of one of its members.

1. Specific Allegations. The request must include specific allegations of the conduct that constitutes a violations of the Laws or City policy upon which the proposed censure is based.

2. Support; Hearing or Investigation. If a majority of Councilmembers support the request then a) a direction shall be given to the City Manager to calendar the item for a future agenda or b) the Council shall appoint an Ad Hoc committee to investigate the charges.
51 3. When No Investigation is Required. If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.

B. Investigation. If a majority of the Council determines that an investigation is warranted, the Council shall designate an Ad Hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the Ad Hoc committee.

1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the Ad Hoc committee to conduct the investigation.

2. Process for Taking Statements. In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, the Council may issue a subpoena to compel the witness’ testimony, consistent with its subpoena power granted under the Government Code.

3. Conclusion of Investigation. At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below.

4. Investigation Guidelines. The following guidelines apply to Ad Hoc committee investigations:
(a) The committee may be staffed by administrative and legal staff. (b) If authorized by City Council, the committee may subpoena witnesses and documents.
(c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.

C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense.

That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the charges may be represented and may have the representative speak or question on his or her behalf.

The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is 52 not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.

D. Resolution of Censure. A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code Section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.

V. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.

1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said section provides:

The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting. In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

VI. ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING OF MANUAL Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy, Procedures, and Rules of Order Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she has received, read and understood the provisions set forth in this Manual and furthermore agrees to abide by them.

MEETING
DATE: April 9, 2025
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, Assistant City Manager/City Clerk SUBJECT: Introduction of an Ordinance Amending Big Bear Lake Municipal Code Chapter

1.12 (City Council), Chapter 2.12 (Planning Commission) and Chapter 13.24 (Board of Water and Power Commissioners), Concerning Residency Requirements and Proof Thereof for City Council, Planning Commission and Board of Water and Power Commission Candidates, Applicants and Members; And Concerning the Procedure for Removal of Planning Commissioners and Board of Water and Power Commissioners

BACKGROUND & DISCUSSION
The City Council’s current proof of residency requirements were established on October 17, 2022 by the adoption of Ordinance No. 2022-507. At the time, the City Council had come to the consensus that in order for a City Councilmember to be an effective representative of the Big Bear Lake community, they needed to be a full-time permanent resident. Therefore, they took action to adopt more stringent proof of residency requirements to ensure that City Council candidates and seated Councilmembers do in fact live full-time in the same Big Bear Lake district they purport to represent. This Municipal Code also mandated that City Councilmembers annually recertify their Big Bear Lake residency with the City Clerk throughout the member’s term of office. It further required both City Councilmembers and City Council candidates sign an Affidavit declaring under penalty of perjury, that their verified Big Bear Lake address is their primary residency and legal domicile for all purposes as defined under State law.

At the February 25, 2025 Special City Council Meeting, the City Council engaged in a review of the City’s existing residency requirements and determined the need to clarify and expand upon the City’s current Municipal Code regulations. The City Council expressed that the primary objectives of this update were to enhance some of the City Council residency documentation requirements, as well as, to establish proof of residency requirements for appointed Planning Commissioners and members of the Board of Water and Power (DWP) Commission. In addition, the City Council requested to extend their Affidavit requirements to these appointed officials and to clearly define the method by which the City Council may remove an appointed Planning and/or DWP Commissioner. Through this process, it was determined that a City Council applicant seeking an appointment to fill a vacant seat should also be required to adhere to the same residency requirements as a City Council candidate participating in the election process.

Item 2.2
Furthermore, the City Council provided staff direction to update the current Residency Affidavit form to include more stringent and detailed language. Per that direction, the City Attorney prepared several specific Affidavits that can be used for various reasons, some examples are, to verify a seated City Councilmembers’ residency, validate the residency of Planning & DWP Commission applicants, and to prove the residency of a City Council candidate/applicant. All of these proposed Affidavit forms include the statement, “I certify (or declare) under the penalty of perjury under the laws of the State of California that the forgoing is true and correct”. Therefore, the signer has been properly informed that they would be committing perjury if they are not in compliance with the general requirements listed on the form and/or have provided any inaccurate personal information on document. It is also worth noting that a reference to Elections Code Section 20 (regarding certain felony convictions that prohibit a person from holding elective office) has been added to the City Council form, in addition to a reference that the signer does not claim any other address as their primary residence or legal domicile for any tax, governmental or other purpose.

FISCAL IMPACT
There is no significant fiscal impact associated with the adoption of this Ordinance.

ENVIRONMENTAL CONSIDERATIONS
This Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

RECOMMENDED ACTION
It is recommended that the City Council read the title, waive further reading and introduce an ordinance entitled: Ordinance Amending Big Bear Lake Municipal Code Chapter 1.12 (City Council), Chapter 2.12 (Planning Commission) and Chapter 13.24 (Board of Water and Power Commissioners), Concerning Residency Requirements and Proof Thereof for City Council, Planning Commission and Board of Water and Power Commission Candidates, Applicants and Members; and Concerning the Procedure for Removal of Planning Commissioners and Board of Water and Power Commissioners.

ATTACHMENTS

1. Ordinance No. 2025-xxx (including tracked proposed changes)

2. Ordinance No. 2025-xxx (final version with accepted proposed changes)

3. Proposed Residency Affidavits
ORDINANCE NO. 2025-xxx

ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL CODE
CHAPTER 1.12 (CITY COUNCIL), CHAPTER 2.12 (PLANNING
COMMISSION) AND CHAPTER 13.24 (BOARD OF WATER AND

POWER COMMISSIONERS), CONCERNING RESIDENCY

REQUIREMENTS AND PROOF THEREOF FOR CITY COUNCIL,

PLANNING COMMISSION AND BOARD OF WATER AND POWER
COMMISSION CANDIDATES, APPLICANTS AND MEMBERS; AND

CONCERNING THE PROCEDURE FOR REMOVAL OF PLANNING

COMMISSIONERS AND BOARD OF WATER AND POWER

COMMISSIONERS
WHEREAS, Section 1.12.050 of the Big Bear Lake Municipal Code (“BBLMC”) currently addresses residency requirements for City Council candidates and sitting City Council members; and
WHEREAS, Section 2.12.020 of the BBLMC currently addresses residency requirements for City Planning Commission members; and
WHEREAS, Section 13.24.040 of the BBLMC currently addresses residency requirements for members of the Board of Water and Power Commissioners; and WHEREAS, in 2022, the City Council added Sections 1.12.060 through 1.12.100 to the BBLMC to require City Council candidates and sitting Council members to provide documentation to establish proof of residency for purposes of meeting the BBLMC residency requirements; and WHEREAS, the City Council desires and intends to amend the BBLMC to enhance some of these documentation requirements, as well as to establish proof of residency requirements for appointed Planning Commissioners and members of the Board of Water and Power Commissioners; and WHEREAS, in addition to the foregoing, the City Council finds that the proof of residency requirements and the requirement of declarations under penalty of perjury as set forth in this Ordinance are reasonable, necessary and appropriate to ensure compliance with the residency requirements currently set forth in the BBLMC; and
WHEREAS, Section 2.12.040 of the BBLMC currently provides the method by which the City Council may remove a Planning Commissioner and Section 13.24.060 of the BBLMC currently provides the method by which the City Council may remove a Board of Water and Power Commissioner; and
WHEREAS, the City Council desires and intends to amend these two sections of the BBLMC to simplify and clarify the method by which appointed Planning Commissioners and Board of Water and Power Commissioners may be removed.

Item 2.2
Attachment 1

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. Amendment of Subsection 1.12.050(A)(2). Subsection 1.12.050(A)(2) of Section

1.12.050 of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.050 - By-district elections.

A. By-District Elections. Pursuant to California Government Code Section 34886, members of the city council of the city of Big Bear Lake shall be elected by-district in five single-member districts.
. . . .

2. Residency in Districts. In the case of members running for election, Each a member of the city council must be and remain a resident of and registered voter in the council district from which the member is nominated for at least thirty (30) days prior to the time the member is nominated, elected,. In the case of members seeking appointment to the council to fill a vacancy, a member of the city council must be a resident of and registered voter in the council district from which the member is appointed for at least thirty (30) days prior to the member’s filing of an application seeking appointment. and Each member of the city council must also remain a resident of and registered voter in the council district from which the member was elected or appointed throughout that member's term of office.

All members of the city council must abide by the proof of residency requirements set forth in Sections 1.12.060 through 1.12.100 of this Code. . . . ."
Section 3. Amendment of Section 1.12.060. Section 1.12.060 of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.060 Proof of residency-Candidates for Election or Applicants for Appointment to City Council.

A. Proof of Residency. In order to ensure a city council candidate for election or an applicant for city council appointment resides in the district for which city council seat they are running or seeking appointment, the candidate/applicant must provide to the city clerk each of the following forms of proof set forth in paragraphs 1, 2, and 3 below to verify their 30-day residency requirement:

1. Proof of Home Ownership / Rental Property. Proof of home ownership as evidenced by providing one of the following:
a. a copy of a grant deed or a mortgage payment billing statement verifying the address; AND
b. a mortgage payment billing statement verifying the address; or cb. any other documentary that can be used to verify home ownership and residency of the property; and also by providing evidence of a homeowner’s property tax exemption filed with the San Bernardino County Assessor for proof that the home is the
candidate’s/applicant’s primary residence. If a candidate does not have a homeowner’s property tax exemption on file they must submit an affidavit signed, under penalty of perjury, by the candidate/applicant verifying that the home is the
candidate’s/applicant’s primary residence; or, if the home ownership is in the name of a person other than the
candidate/applicant, or in the name of a legal entity, such as a trust, partnership or corporation, the candidate/applicant must submit an affidavit signed, under penalty of perjury, by the homeowner or authorized legal representative of that entity verifying the candidate/applicant is living in the home as his/her primary residence.

OR
c. If the residence is rented or leased by the candidate/applicant, the candidate/applicant must provide proof of primary residence by providing a signed copy of a lease or rental agreement. If a candidate/applicant is living at a residence without a lease or rental agreement and the candidate’s/applicant’s name otherwise does not appear in the proof of home ownership, the candidate/applicant must provide an affidavit signed by the landlord/property owner, under penalty of perjury, verifying the candidate’s/applicant’s primary residency in the landlord’s/property owner’s property.

2. Proof of Motor Vehicle Registration. A copy of registration of any motor vehicle registered to the candidate/applicant for the residency claimed, or proof of a valid California Driver’s License showing that their address on their license is the address shown on their nomination/application papers.

If the residence address on either the Driver’s License or auto registration is in the process of being changed, the candidate/applicant must provide a document from the California Department of Motor Vehicles (DMV14 form) verifying the change is in process. If a candidate/applicant does not own an automobile or does not have a California Driver’s License, the candidate/applicant must submit any other State of California issued identification showing their address on the identification document is the address shown on their nomination/application papers.

3. Utility Bill. A utility bill in the candidate’s/applicant’s name showing that the service address is the address in the candidate’s/applicant’s nomination/application papers. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate’s/applicant’s name at that address shall suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental agreement or lease agreement, that the landlord or other legal entity shall pay the utility bill, the candidate/applicant must submit an affidavit signed, under penalty of perjury, by the landlord or the other legal entity, stating that the landlord or other legal entity is responsible for paying the utility bill for that address.

B. Affidavit. The candidate/applicant must sign an affidavit, under penalty of perjury, verifying primary residency in the City and of the district for which they are running/seeking appointment. The affidavit shall also require the candidate/applicant to verify, under penalty of perjury, that the candidate/applicant has not been convicted of a crime under California Elections Code section 20 or any other State law that prohibits the candidate/applicant from holding elective office. The affidavit must be submitted to the city clerk before the close of the election filing period or the appointment application period, whichever is applicable.

C. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a candidate/applicant from meeting the city council residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavits under penalty of perjury or other documents, shall also disqualify candidates/applicants and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.”
Section 4. Amendment of Section 1.12.070. Section 1.12.070 of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.070 Verification of residency and certification-Council Candidates and applicants.

Candidates running for election to City Council office are required to file the documents required by Section 1.12.060 of the Big Bear Lake Municipal Code with the city clerk for verification no earlier than the first day of the candidate filing period and no later than the closing date of the candidate filing period as it relates to candidates running for a city council seat. Applicants seeking appointment to City Council office are required to file the documents required by Section 1.12.060 of the Big Bear Lake Municipal Code with the city clerk for verification no earlier than the first day of the appointment application filing period and no later than the closing date of the appointment application filing period. The city clerk shall review and verify that the required information is correct and meets all the requirements. The city clerk shall diligently work to review and verify all residency documents submitted and shall complete the review and verification of the candidate’s/applicant’s residency documents no later than five (5) calendar days from receipt thereof. The city clerk shall then do one of the following:

A. If the documents meet all requirements to demonstrate residency, the city clerk shall certify that residency requirements have been met and shall mail a letter to the San Bernardino County Registrar of Voter’s office and to the candidate/applicant so stating; or
B. 1. If any deficiencies are discovered in the documents provided or certain documents are missing, the city clerk shall send a letter to the candidate/applicant showing the specific deficiency(ies) or missing document(s). The candidate/applicant shall have until the closing date for filing nomination or application papers, whichever is applicable, to correct the deficiencies and shall re-submit the required documents to the city clerk for verification;.

21. If the candidate/applicant fails to demonstrate residency by complete verification of all required documents within the prescribed time limits, or the resubmitted documents do not demonstrate residency, the city clerk shall mail a letter to the candidate/applicant advising them that they have failed to meet the requirements and specify the reason for such failure;

32. If the resubmitted documents by the candidate/applicant meet all requirements to demonstrate residency, the city clerk shall certify that residency requirements have been met and shall mail a letter to the San Bernardino County Registrar of Voter’s office and to the candidate/applicant so stating.”
Section 5. Amendment of Section 1.12.080. Section 1.12.080 of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.080 Annual verification of residency-City Councilmembers.

A. Proof of Residency. To ensure that city councilmembers meet the residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code throughout their entire term in office, each councilmember’s residency must be verified annually for each year in office. For this purpose, each councilmember then remaining in office shall submit to the city clerk during the last 31 calendar days of each year (December 1 through December 31):

1. the proof of residency otherwise set forth for councilmember candidates in Section 1.12.060 A.1 through 3 of the Big Bear Lake Municipal Code, and

2. an affidavit, signed by the council member under penalty of perjury, verifying their current residency at a specific address within the City and within their district.

B. Relocation. In the event that a councilmember moves to a new residence in the same district after the filing of the previous affidavit, the councilmember must confirm such new residence by providing to the city clerk within thirty (30) days of moving those certain items set forth in subsection A above.

C. Notwithstanding subsection A above, incumbent councilmembers who have not relocated since the required residency information was last provided to the city clerk may satisfy the requirements of subsection A by providing to the city clerk a copy of a current California driver’s license or, if a councilmember does not have a California Driver’s License, any other State of California issued identification, and an affidavit, signed under penalty of perjury, that they have not relocated and all previously supplied information remains true and correct. If a councilmember moves to a new district from the one to which they were elected, that councilmember is no longer qualified to hold office and their seat on the city council is vacant upon the determination by the city council that the council member is not in compliance with the residency requirement.

D. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a council member from meeting the city council residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing an affidavit under penalty of perjury or other documents, shall also disqualify candidates and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.”
Section 6. Amendment of Section 2.12.020. Section 2.12.020 of Chapter 2.12 of Title 2 of the BBLMC is hereby amended to read in its entirety as follows:
“2.12.020 Membership--Appointment.

A. The planning commission consists of five members appointed by the mayor with approval of the city council.

B. All members of the planning commission, for at least thirty (30) days prior to filing an application seeking appointment at the time of their appointment and during the term of their office shall be legally registered voters and residents of the city.” Section 7. Addition of Section 2.12.025. A new Section 2.12.025 is hereby added to Chapter 2.12 of Title 2 of the BBLMC to read in its entirety as follows:
“2.12.025 Proof of Residency.

A. Proof of Residency for Planning Commission Applicant. In order to ensure a planning commissioner resides in the city, the applicant must provide to the city clerk each of the forms of proof set forth in section 1.12.060 A.1 through 3 and B of the Big Bear Lake Municipal Code. Planning Commission applicants are required to file said documents with the city clerk for verification no later than the thirty (30) days prior to City Council appointment. The city clerk shall review and verify that the required information is correct and meets all the requirements as set forth in section 1.12.070.

B. Annual Verification of Residency - Planning Commissioners. To ensure that planning commissioners continue to meet the residency requirements set forth in Section 2.12.020 of the Big Bear Lake Municipal Code throughout their entire term in office, each planning commissioner’s residency must be verified annually for each year in office. For this purpose, each planning commissioner then remaining in office shall submit to the city clerk those documents at those times and on those terms as set forth in section 1.12.080 of the Big Bear Municipal Code.

C. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a planning commissioner applicant or sitting planning commissioner from meeting the residency requirements set forth in Section 2.12.020 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavits under penalty of perjury or other documents, shall also disqualify a planning commission applicant or sitting planning commissioner and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.

D. Transparency. The city clerk shall maintain at the city’s website a record of planning commission applicants and planning commissioner names, and all required supporting documents, consistent with applicable confidentiality laws, of all planning commission applicants and planning commissioners who have been certified to meet the residency requirements, and shall make said record and documents available for inspection at the city clerk’s office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the California Public Records Act or as otherwise required by law. The city clerk shall update the city’s website to reflect planning commissioner verifications submitted in accordance with this Section.”
Section 8. Amendment of Section 2.12.040 of Chapter 2.12 of Title 2 of the BBLMC is hereby amended to read in its entirety as follows:
“2.12.040. Membership – Removal.

Any appointed member may be removed by either of the following:

A. The mayor, subject to approval of the city council; or BA. A majority vote of the city council.; or
B. Automatically, without any required action by either the Planning Commission or the City Council, upon either of the following:

1. Failing to attend three (3) consecutive regularly scheduled meetings.

Absences from special meetings shall not counted against the member; or

2. Any conviction or other occurrence that creates an automatic vacancy in the office under California Government Code section 1770 et. seq. or any other applicable provision of State law.”
Section 9. Amendment of Section 13.24.040 of Chapter 13.24 of Title 13 of the BBLMC is hereby amended to read in its entirety as follows:
“13.24.040 - Board of water and power commissioners—Membership—Appointment.

The board shall consist of five members appointed by a majority vote of the city council who, at the time of their appointment, and throughout their tenure on the Board, shall either be from among the qualified electors residing within the city of Big Bear Lake, and also or from among San Bernardino County electors residing in the area outside the city served by the department of water and power.”
Section 10. Addition of Section 13.24.045. A new Section 13.24.045 is hereby added to Chapter

13.24 of Title 13 of the BBLMC to read in its entirety as follows:
“13.24.045 Proof of Residency.

A. Proof of Residency for Board of Water and Power Commissioner Applicant. In order to ensure a Commissioner is an elector residing in the city or a San Bernardino County elector residing in the area outside the city served by the department, the applicant must provide to the city clerk each of the forms of proof set forth in section 1.12.060 A.1 through 3 and B of the Big Bear Lake Municipal Code. Commissioner applicants are required to file said documents with the city clerk for verification no later than the thirty (30) days prior to City Council appointment. The city clerk shall review and verify that the required information is correct and meets all the requirements as set forth in section 1.12.070.

B. Annual Verification of Residency - Board of Water and Power Commissioners.

To ensure that Commissioners continue to meet the residency requirements set forth in Section 13.24.040 of the Big Bear Lake Municipal Code throughout their entire term in office, each Commissioner’s residency must be verified annually for each year in office. For this purpose, each Commissioner then remaining in office shall submit to the city clerk those documents at those times and on those terms as set forth in section 1.12.080 of the Big Bear Municipal Code.

C. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a Commissioner applicant or sitting Commissioner from meeting the residency requirements set forth in Section 13.24.040 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavits under penalty of perjury or other documents, shall also disqualify a Commissioner applicant or sitting Commissioner and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.

D. Transparency. The city clerk shall maintain at the city’s website a record of Board of Water and Power Commission applicants and Commissioner names, and all required supporting documents, consistent with applicable confidentiality laws, of all Commission applicants and Commissioners who have been certified to meet the residency requirements, and shall make said record and documents available for inspection at the city clerk’s office during normal business hours.

Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the California Public Records Act or as otherwise required by law. The city clerk shall update the city’s website to reflect Commissioner verifications submitted in accordance with this Section.” Section 11. Amendment of Section 13.24.060 of Chapter 13.24 of Title 13 of the BBLMC is hereby amended to read in its entirety as follows:
“13.24.060 - Board of water and power commissioners—Removal from office.

Any appointed member may be removed at any time for good cause by the affirmative vote of three members of the city council, following written notice of the charges and a hearing.

The city council, upon receipt of a petition signed by fifteen percent of the registered voters within the service area requesting removal of one or more members of the board, may conduct a public hearing regarding removal of such member or members and may thereafter, by majority vote of the council, remove such member or members only after making findings that such removal is in the best interests of the service area. The member or members shall be entitled to attend such public hearing and may be represented by counsel of the members’ choice and expense.

Section 12. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 13. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 14. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 15. 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 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.

PASSED, APPROVED, AND ADOPTED this ____ day of ______________, 2025.

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 five; that the foregoing Ordinance No. 2025-xxx is a full, true and correct original of Ordinance No. 2025-xxx of the City of Big Bear Lake entitled:

ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL CODE CHAPTER 1.12 (CITY COUNCIL), CHAPTER 2.12 (PLANNING COMMISSION) AND CHAPTER 13.24 (BOARD OF WATER AND POWER COMMISSIONERS), CONCERNING RESIDENCY

REQUIREMENTS AND PROOF THEREOF FOR CITY COUNCIL, PLANNING

COMMISSION AND BOARD OF WATER AND POWER COMMISSION
CANDIDATES, APPLICANTS AND MEMBERS; AND CONCERNING THE

PROCEDURE FOR REMOVAL OF PLANNING COMMISSIONERS AND BOARD OF

WATER AND POWER COMMISSIONERS
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 ____ day of ________, 2025, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk
ORDINANCE NO. 2025-xxx

ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL CODE
CHAPTER 1.12 (CITY COUNCIL), CHAPTER 2.12 (PLANNING
COMMISSION) AND CHAPTER 13.24 (BOARD OF WATER AND

POWER COMMISSIONERS), CONCERNING RESIDENCY

REQUIREMENTS AND PROOF THEREOF FOR CITY COUNCIL,

PLANNING COMMISSION AND BOARD OF WATER AND POWER
COMMISSION CANDIDATES, APPLICANTS AND MEMBERS; AND

CONCERNING THE PROCEDURE FOR REMOVAL OF PLANNING

COMMISSIONERS AND BOARD OF WATER AND POWER

COMMISSIONERS
WHEREAS, Section 1.12.050 of the Big Bear Lake Municipal Code (“BBLMC”) currently addresses residency requirements for City Council candidates and sitting City Council members; and
WHEREAS, Section 2.12.020 of the BBLMC currently addresses residency requirements for City Planning Commission members; and
WHEREAS, Section 13.24.040 of the BBLMC currently addresses residency requirements for members of the Board of Water and Power Commissioners; and WHEREAS, in 2022, the City Council added Sections 1.12.060 through 1.12.100 to the BBLMC to require City Council candidates and sitting Council members to provide documentation to establish proof of residency for purposes of meeting the BBLMC residency requirements; and WHEREAS, the City Council desires and intends to amend the BBLMC to enhance some of these documentation requirements, as well as to establish proof of residency requirements for appointed Planning Commissioners and members of the Board of Water and Power Commissioners; and WHEREAS, in addition to the foregoing, the City Council finds that the proof of residency requirements and the requirement of declarations under penalty of perjury as set forth in this Ordinance are reasonable, necessary and appropriate to ensure compliance with the residency requirements currently set forth in the BBLMC; and
WHEREAS, Section 2.12.040 of the BBLMC currently provides the method by which the City Council may remove a Planning Commissioner and Section 13.24.060 of the BBLMC currently provides the method by which the City Council may remove a Board of Water and Power Commissioner; and
WHEREAS, the City Council desires and intends to amend these two sections of the BBLMC to simplify and clarify the method by which appointed Planning Commissioners and Board of Water and Power Commissioners may be removed.

Item 2.2
Attachment 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS:

Section 1. Recitals. The above recitals are true and correct and are hereby incorporated herein by this reference.

Section 2. Amendment of Subsection 1.12.050(A)(2). Subsection 1.12.050(A)(2) of Section

1.12.050 of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.050 - By-district elections.

A. By-District Elections. Pursuant to California Government Code Section 34886, members of the city council of the city of Big Bear Lake shall be elected by-district in five single-member districts.
. . . .

2. Residency in Districts. In the case of members running for election, a member of the city council must be a resident of and registered voter in the council district from which the member is nominated for at least thirty (30) days prior to the time the member is nominated. In the case of members seeking appointment to the council to fill a vacancy, a member of the city council must be a resident of and registered voter in the council district from which the member is appointed for at least thirty (30) days prior to the member’s filing of an application seeking appointment. Each member of the city council must also remain a resident of and registered voter in the council district from which the member was elected or appointed throughout that member's term of office. All members of the city council must abide by the proof of residency requirements set forth in Sections

1.12.060 through 1.12.100 of this Code.
. . . ."
Section 3. Amendment of Section 1.12.060. Section 1.12.060 of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.060 Proof of residency-Candidates for Election or Applicants for Appointment to City Council.

A. Proof of Residency. In order to ensure a city council candidate for election or an applicant for city council appointment resides in the district for which city council seat they are running or seeking appointment, the candidate/applicant must provide to the city clerk each of the following forms of proof set forth in paragraphs 1, 2, and 3 below to verify their 30-day residency requirement:

1. Proof of Home Ownership / Rental Property. Proof of home ownership as evidenced by providing the following:
a. a copy of a grant deed or a mortgage payment billing statement verifying the address; AND
b. documentary evidence of a homeowner’s property tax exemption filed with the San Bernardino County Assessor for proof that the home is the candidate’s/applicant’s primary residence; or, if the home ownership is in the name of a person other than the candidate/applicant, or in the name of a legal entity, such as a trust, partnership or corporation, the candidate/applicant must submit an affidavit signed, under penalty of perjury, by the homeowner or authorized legal representative of that entity verifying the candidate/applicant is living in the home as his/her primary residence.

OR
c. If the residence is rented or leased by the candidate/applicant, the candidate/applicant must provide proof of primary residence by providing a signed copy of a lease or rental agreement. If a candidate/applicant is living at a residence without a lease or rental agreement and the candidate’s/applicant’s name otherwise does not appear in the proof of home ownership, the candidate/applicant must provide an affidavit signed by the landlord/property owner, under penalty of perjury, verifying the candidate’s/applicant’s primary residency in the landlord’s/property owner’s property.

2. Proof of Motor Vehicle Registration. A copy of registration of any motor vehicle registered to the candidate/applicant for the residency claimed, or proof of a valid California Driver’s License showing that their address on their license is the address shown on their nomination/application papers. If the residence address on either the Driver’s License or auto registration is in the process of being changed, the candidate/applicant must provide a document from the California Department of Motor Vehicles (DMV14 form) verifying the change is in process. If a candidate/applicant does not own an automobile or does not have a California Driver’s License, the candidate/applicant must submit any other State of California issued identification showing their address on the identification document is the address shown on their nomination/application papers.

3. Utility Bill. A utility bill in the candidate’s/applicant’s name showing that the service address is the address in the candidate’s/applicant’s nomination/application papers. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate’s/applicant’s name at that address shall suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental agreement or lease agreement, that the landlord or other legal entity shall pay the utility bill, the candidate/applicant must submit an affidavit signed, under penalty of perjury, by the landlord or the other legal entity, stating that the landlord or other legal entity is responsible for paying the utility bill for that address.

B. Affidavit. The candidate/applicant must sign an affidavit, under penalty of perjury, verifying primary residency in the City and of the district for which they are running/seeking appointment. The affidavit shall also require the candidate/applicant to verify, under penalty of perjury, that the candidate/applicant has not been convicted of a crime under California Elections Code section 20 or any other State law that prohibits the candidate/applicant from holding elective office. The affidavit must be submitted to the city clerk before the close of the election filing period or the appointment application period, whichever is applicable.

C. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a candidate/applicant from meeting the city council residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavits under penalty of perjury or other documents, shall also disqualify candidates/applicants and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.”
Section 4. Amendment of Section 1.12.070. Section 1.12.070 of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.070 Verification of residency and certification-Council Candidates and applicants.

Candidates running for election to City Council office are required to file the documents required by Section 1.12.060 of the Big Bear Lake Municipal Code with the city clerk for verification no earlier than the first day of the candidate filing period and no later than the closing date of the candidate filing period. Applicants seeking appointment to City Council office are required to file the documents required by Section 1.12.060 of the Big Bear Lake Municipal Code with the city clerk for verification no earlier than the first day of the appointment application filing period and no later than the closing date of the appointment application filing period. The city clerk shall review and verify that the required information is correct and meets all the requirements. The city clerk shall diligently work to review and verify all residency documents submitted and shall complete the review and verification of the candidate’s/applicant’s residency documents no later than five (5) calendar days from receipt thereof. The city clerk shall then do one of the following:

A. If the documents meet all requirements to demonstrate residency, the city clerk shall certify that residency requirements have been met and shall mail a letter to the candidate/applicant so stating; or
B. If any deficiencies are discovered in the documents provided or certain documents are missing, the city clerk shall send a letter to the candidate/applicant showing the specific deficiency(ies) or missing document(s). The candidate/applicant shall have until the closing date for filing nomination or application papers, whichever is applicable, to correct the deficiencies and shall re-submit the required documents to the city clerk for verification;.

1. If the candidate/applicant fails to demonstrate residency by complete verification of all required documents within the prescribed time limits, or the resubmitted documents do not demonstrate residency, the city clerk shall mail a letter to the candidate/applicant advising them that they have failed to meet the requirements and specify the reason for such failure;

2. If the resubmitted documents by the candidate/applicant meet all requirements to demonstrate residency, the city clerk shall certify that residency requirements have been met and shall mail a letter to the candidate/applicant so stating.”
Section 5. Amendment of Section 1.12.080. Section 1.12.080 of Chapter 1.12 of Title 1 of the BBLMC is hereby amended to read in its entirety as follows:
“1.12.080 Annual verification of residency-City Councilmembers.

A. Proof of Residency. To ensure that city councilmembers meet the residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code throughout their entire term in office, each councilmember’s residency must be verified annually for each year in office. For this purpose, each councilmember then remaining in office shall submit to the city clerk during the last 31 calendar days of each year (December 1 through December 31):

1. the proof of residency otherwise set forth for councilmember candidates in Section 1.12.060 A.1 through 3 of the Big Bear Lake Municipal Code, and

2. an affidavit, signed by the council member under penalty of perjury, verifying their current residency at a specific address within the City and within their district.

B. Relocation. In the event that a councilmember moves to a new residence in the same district after the filing of the previous affidavit, the councilmember must confirm such new residence by providing to the city clerk within thirty (30) days of moving those certain items set forth in subsection A above.

C. Notwithstanding subsection A above, incumbent councilmembers who have not relocated since the required residency information was last provided to the city clerk may satisfy the requirements of subsection A by providing to the city clerk a copy of a current California driver’s license or, if a councilmember does not have a California Driver’s License, any other State of California issued identification, and an affidavit, signed under penalty of perjury, that they have not relocated and all previously supplied information remains true and correct. If a councilmember moves to a new district from the one to which they were elected, that councilmember is no longer qualified to hold office and their seat on the city council is vacant upon the determination by the city council that the council member is not in compliance with the residency requirement.

D. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a council member from meeting the city council residency requirements set forth in Section 1.12.050 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing an affidavit under penalty of perjury or other documents, shall also disqualify candidates and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.”
Section 6. Amendment of Section 2.12.020. Section 2.12.020 of Chapter 2.12 of Title 2 of the BBLMC is hereby amended to read in its entirety as follows:
“2.12.020 Membership--Appointment.

A. The planning commission consists of five members appointed by the mayor with approval of the city council.

B. All members of the planning commission, for at least thirty (30) days prior to filing an application seeking appointment and during the term of their office shall be legally registered voters and residents of the city.”
Section 7. Addition of Section 2.12.025. A new Section 2.12.025 is hereby added to Chapter 2.12 of Title 2 of the BBLMC to read in its entirety as follows:
“2.12.025 Proof of Residency.

A. Proof of Residency for Planning Commission Applicant. In order to ensure a planning commissioner resides in the city, the applicant must provide to the city clerk each of the forms of proof set forth in section 1.12.060 A.1 through 3 and B of the Big Bear Lake Municipal Code. Planning Commission applicants are required to file said documents with the city clerk for verification no later than the thirty (30) days prior to City Council appointment. The city clerk shall review and verify that the required information is correct and meets all the requirements as set forth in section 1.12.070.

B. Annual Verification of Residency - Planning Commissioners. To ensure that planning commissioners continue to meet the residency requirements set forth in Section 2.12.020 of the Big Bear Lake Municipal Code throughout their entire term in office, each planning commissioner’s residency must be verified annually for each year in office. For this purpose, each planning commissioner then remaining in office shall submit to the city clerk those documents at those times and on those terms as set forth in section 1.12.080 of the Big Bear Municipal Code.

C. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a planning commissioner applicant or sitting planning commissioner from meeting the residency requirements set forth in Section

2.12.020 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavits under penalty of perjury or other documents, shall also disqualify a planning commission applicant or sitting planning commissioner and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.

D. Transparency. The city clerk shall maintain at the city’s website a record of planning commission applicants and planning commissioner names, and all required supporting documents, consistent with applicable confidentiality laws, of all planning commission applicants and planning commissioners who have been certified to meet the residency requirements, and shall make said record and documents available for inspection at the city clerk’s office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the California Public Records Act or as otherwise required by law. The city clerk shall update the city’s website to reflect planning commissioner verifications submitted in accordance with this Section.”
Section 8. Amendment of Section 2.12.040 of Chapter 2.12 of Title 2 of the BBLMC is hereby amended to read in its entirety as follows:
“2.12.040. Membership – Removal.

Any member may be removed by either of the following:

A. A majority vote of the city council; or
B. Automatically, without any required action by either the Planning Commission or the City Council, upon either of the following:

1. Failing to attend three (3) consecutive regularly scheduled meetings.

Absences from special meetings shall not counted against the member; or

2. Any conviction or other occurrence that creates an automatic vacancy in the office under California Government Code section 1770 et. seq. or any other applicable provision of State law.”
Section 9. Amendment of Section 13.24.040 of Chapter 13.24 of Title 13 of the BBLMC is hereby amended to read in its entirety as follows:
“13.24.040 - Board of water and power commissioners—Membership—Appointment.

The board shall consist of five members appointed by a majority vote of the city council who, at the time of their appointment, and throughout their tenure on the Board, shall either be from among the qualified electors residing within the city of Big Bear Lake, or from among San Bernardino County electors residing in the area outside the city served by the department of water and power.”
Section 10. Addition of Section 13.24.045. A new Section 13.24.045 is hereby added to Chapter

13.24 of Title 13 of the BBLMC to read in its entirety as follows:
“13.24.045 Proof of Residency.

A. Proof of Residency for Board of Water and Power Commissioner Applicant. In order to ensure a Commissioner is an elector residing in the city or a San Bernardino County elector residing in the area outside the city served by the department, the applicant must provide to the city clerk each of the forms of proof set forth in section 1.12.060 A.1 through 3 and B of the Big Bear Lake Municipal Code.

Commissioner applicants are required to file said documents with the city clerk for verification no later than the thirty (30) days prior to City Council appointment.

The city clerk shall review and verify that the required information is correct and meets all the requirements as set forth in section 1.12.070.

B. Annual Verification of Residency - Board of Water and Power Commissioners.

To ensure that Commissioners continue to meet the residency requirements set forth in Section 13.24.040 of the Big Bear Lake Municipal Code throughout their entire term in office, each Commissioner’s residency must be verified annually for each year in office. For this purpose, each Commissioner then remaining in office shall submit to the city clerk those documents at those times and on those terms as set forth in section 1.12.080 of the Big Bear Municipal Code.

C. Failure to Provide Documents. Failure to provide any of the above-required documents shall disqualify a Commissioner applicant or sitting Commissioner from meeting the residency requirements set forth in Section 13.24.040 of the Big Bear Lake Municipal Code. Willfully submitting false, forged, or altered documents, or coercing or unduly influencing persons providing affidavits under penalty of perjury or other documents, shall also disqualify a Commissioner applicant or sitting Commissioner and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.

D. Transparency. The city clerk shall maintain at the city’s website a record of Board of Water and Power Commission applicants and Commissioner names, and all required supporting documents, consistent with applicable confidentiality laws, of all Commission applicants and Commissioners who have been certified to meet the residency requirements, and shall make said record and documents available for inspection at the city clerk’s office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the California Public Records Act or as otherwise required by law. The city clerk shall update the city’s website to reflect Commissioner verifications submitted in accordance with this Section.” Section 11. Amendment of Section 13.24.060 of Chapter 13.24 of Title 13 of the BBLMC is hereby amended to read in its entirety as follows:
“13.24.060 - Board of water and power commissioners—Removal from office.

Any member may be removed at any time for good cause by the affirmative vote of three members of the city council, following written notice of the charges and a hearing. The member or members shall be entitled to attend such public hearing and may be represented by counsel of the members’ choice and expense.

Section 12. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.

Section 13. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

Section 14. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.

Section 15. 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 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.

PASSED, APPROVED, AND ADOPTED this ____ day of ______________, 2025.

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 five; that the foregoing Ordinance No. 2025-xxx is a full, true and correct original of Ordinance No. 2025-xxx of the City of Big Bear Lake entitled:

ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL CODE CHAPTER 1.12 (CITY COUNCIL), CHAPTER 2.12 (PLANNING COMMISSION) AND CHAPTER 13.24 (BOARD OF WATER AND POWER COMMISSIONERS), CONCERNING RESIDENCY

REQUIREMENTS AND PROOF THEREOF FOR CITY COUNCIL, PLANNING

COMMISSION AND BOARD OF WATER AND POWER COMMISSION
CANDIDATES, APPLICANTS AND MEMBERS; AND CONCERNING THE

PROCEDURE FOR REMOVAL OF PLANNING COMMISSIONERS AND BOARD OF

WATER AND POWER COMMISSIONERS
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 ____ day of ________, 2025, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Erica Stephenson, City Clerk

AFFIDAVIT OF
[NAME OF CITY COUNCIL CANDIDATE/APPLICANT]
State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that • I am a duly-qualified candidate running for election to the Big Bear Lake City Council representing Electoral District ____, or I am a duly-qualified applicant seeking appointment to the Big Bear Lake City Council representing Electoral District ____ to fill a vacancy on the City Council.
• My primary residence is located at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • The Address is my primary residence and legal domicile for all purposes, as those terms are defined under State law, and has been for at least thirty (30) days prior to either (i) my nomination for election to the City Council or (ii) my filing of an application for appointment to the City Council.
• I am duly registered to vote with the San Bernardino County Registrar of Voters at the Address. • I do not claim any other address as my primary residence or legal domicile for any tax, governmental or other purpose.
• I have not been convicted of a crime identified under California Elections Code section 20 or under any other State law that prohibits me from holding elective office.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at ___________________________, on __________________, 20___. _______________________
Signature
General Affidavit
Council Candidate/Applicant
BBLMC §1.12.060(B)
Item 2.2
Attachment 3

AFFIDAVIT OF
[NAME OF CURRENT CITY COUNCILMEMBER – HAS MOVED SINCE LAST FILING] State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that • I am a current member of the Big Bear Lake City Council representing Electoral District ____, having been duly elected or appointed to said office in accordance with applicable law. • My primary residence is located at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • The Address is my primary residence and legal domicile for all purposes, as those terms are defined under State law.
• I am duly registered to vote with the San Bernardino County Registrar of Voters at the Address. • I do not claim any other address as my primary residence or legal domicile for any tax, governmental or other purpose.
• I have not been convicted of a crime identified under California Elections Code section 20 or under any other State law that prohibits me from holding elective office.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at ___________________________, on __________________, 20___. _______________________
Signature
Affidavit of Continuing Residence
Full Form - Current Councilmember
BBLMC §1.12.080(A)(2)

AFFIDAVIT OF
[NAME OF CURRENT CITY COUNCILMEMBER - HAS NOT MOVED SINCE LAST FILING] State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that • I am a current member of the Big Bear Lake City Council representing Electoral District ____, having been duly elected or appointed to said office in accordance with applicable law. • My primary residence remains at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • I have not relocated and the Address remains my primary residence and legal domicile for all purposes, as those terms are defined under State law.
• All information I have supplied in my prior affidavit filing remains true and correct .

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at ___________________________, on __________________, 20___. _______________________
Signature
Affidavit of Continuing Residence
Short Form - Current Councilmember
BBLMC §1.12.080(C)

AFFIDAVIT OF
[NAME OF CITY COMMISSION APPLICANT]
State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that • I am a duly-qualified applicant seeking appointment to the Big Bear Lake [Planning Commission/Board of Water and Power Commissioners].
• My primary residence is located at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • The Address is my primary residence and legal domicile for all purposes, as those terms are defined under State law.
• I am duly registered to vote with the San Bernardino County Registrar of Voters at the Address. • I do not claim any other address as my primary residence or legal domicile for any tax, governmental or other purpose.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at ___________________________, on __________________, 20___. _______________________
Signature
General Affidavit
PC/DWP Commissioner Applicant
BBLMC §2.12.025(A)
BBLMC §13.24.045(A)

AFFIDAVIT OF
[NAME OF CURRENT CITY COMMISSION MEMBER - HAS MOVED SINCE LAST FILING] State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that • I am a current member of the Big Bear Lake [Planning Commission/Board of Water and Power Commissioners], having been duly appointed to said office in accordance with applicable law. • My primary residence is located at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • The Address is my primary residence and legal domicile for all purposes, as those terms are defined under State law.
• I am duly registered to vote with the San Bernardino County Registrar of Voters at the Address. • I do not claim any other address as my primary residence or legal domicile for any tax, governmental or other purpose.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at ___________________________, on __________________, 202___. _______________________
Signature
Affidavit of Continuing Residence
Full Form - Current PC/DWP
Commission Member
BBLMC §2.12.025(B)
BBLMC §13.24.045(B)

AFFIDAVIT OF
[NAME OF CURRENT CITY COMMISSION MEMBER - HAS NOT MOVED SINCE LAST FILING] State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that • I am a current member of the Big Bear Lake [Planning Commission/Board of Water and Power Commissioners], having been duly appointed to said office in accordance with applicable law. • My primary residence remains at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • I have not relocated and the Address remains my primary residence and legal domicile for all purposes, as those terms are defined under State law.
• All information I have supplied in my prior affidavit filing remains true and correct .

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at ___________________________, on __________________, 202___. _______________________
Signature
Affidavit of Continuing Residence
Short Form - Current PC/DWP
Commission Member
BBLMC §2.12.025(B)
BBLMC §13.24.045(B)

AFFIDAVIT OF
[HOMEOWNER/LANDLORD – IF DIFFERENT FROM CANDIDATE/APPLICANT] State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that:
• I am the record title owner or legal representative of the record title owner of a residence located at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • _____________________ is a candidate/applicant for election or appointment to the Big Bear Lake [City Council/Planning Commission/Board of Water and Power Commissioners]. • The Big Bear Lake Municipal Code requires a candidate/applicant for any of these offices to have primary residency and their domicile within the City or the City’s service area, as applicable, and, in the case of City Council office, both within the City and the Electoral District the candidate/applicant will represent.
• The above-named candidate/applicant is claiming the Address as his or her primary residence and legal domicile for all purposes, as those terms are defined under State law. • I affirm that the above-named candidate/applicant is a validly leasing or otherwise lawfully occupying the residence at the Address as his or her primary residence and may claim it as his or her domicile.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at _________, on ______________________, 20___. _______________________
Signature
Affidavit of Homeowner/Landlord
Candidate/Applicant for City Office
BBLMC §1.12.060(A)(1)(b)&(c)
BBLMC §2.12.025(A)
BBLMC §13.24.045(A)

AFFIDAVIT OF
[HOMEOWNER/LANDLORD – IF DIFFERENT FROM CURRENT OFFICE HOLDER] State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that:
• I am the record title owner or legal representative of the record title owner of a residence located at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • _____________________ is a current member of the Big Bear Lake [City Council representing Electoral District ____/Planning Commission/Board of Water and Power Commissioners], having been duly elected or appointed to said office in accordance with applicable law. • The Big Bear Lake Municipal Code requires a current [City Councilmember/Planning Commissioner/Board of Water and Power Commissioner] to maintain primary residency and their domicile within the City or the City’s service area, as applicable, and, in the case of City Council office, both within the City and the Electoral District the officer is representing. • The above-named officer is claiming the Address as his or her primary residence and legal domicile for all purposes, as those terms are defined under State law. • I affirm that the above-named officer is a validly leasing or otherwise lawfully occupying the residence at the Address as his or her primary residence and may claim it as his or her domicile.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at _________, on ______________________, 20____. _______________________
Signature Affidavit of Homeowner/Landlord
Continuing Residence
Current City Office Holder
BBLMC §1.12.080(A)(1)
BBLMC §2.12.025(B)
BBLMC §13.24.045(B)

AFFIDAVIT OF
[OWNER/LANDLORD PAYING UTILITIES FOR CANDIDATE/APPLICANT] State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that:
• I am the record title owner or legal representative of the record title owner of a residence located at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • _____________________ is a candidate/applicant for election or appointment to the Big Bear Lake [City Council/Planning Commission/Board of Water and Power Commissioners]. • The Big Bear Lake Municipal Code requires a candidate/applicant for any of these offices to have primary residency and their domicile within the City or City’s service area, as applicable, and, in the case of City Council office, both within the City and the Electoral District the candidate/applicant will represent. To prove residency, the Code generally requires the candidate/applicant to demonstrate that utilities are paid for or in the candidate’s/applicant’s account.
• The above-named candidate/applicant is claiming the Address as his or her primary residence and legal domicile for all purposes, as those terms are defined under State law, but is unable to demonstrate that utilities for the Address are paid for or in an account in the candidate’s/applicant’s name.
• I affirm that the owner of the property pays the utilities at the Address in lieu of the candidate/applicant.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at _________, on ______________________, 20___. _______________________
Signature Affidavit of Homeowner/Landlord - Utilities
Candidate/Applicant for City Office
BBLMC §1.12.060(A)(3)
BBLMC §2.12.025(A; BBLMC §13.24.045(A)

AFFIDAVIT OF
[OWNER/LANDLORD PAYING UTILITIES – IF DIFFERENT FROM OFFICE HOLDER] State of California
County of San Bernardino
ss.

I, ______________________, do hereby solemnly swear (or affirm) that:
• I am the record title owner or legal representative of the record title owner of a residence located at the following address in the City of Big Bear Lake:
__________________________________________, Big Bear Lake, California (“Address”). • _____________________ is a current member of the Big Bear Lake [City Council representing Electoral District ____/Planning Commission/Board of Water and Power Commissioners], having been duly elected or appointed to said office in accordance with applicable law. • The Big Bear Lake Municipal Code requires a current holder of any of these offices to maintain primary residency and their domicile within the City or the City’s service area, as applicable, and, in the case of a Councilmember within both the City and the Electoral District the Councilmember represents. To prove residency, the Code generally requires the officer to demonstrate that utilities are paid for or in the officer’s account. • The above-named officer is claiming the Address as his or her primary residence and legal domicile for all purposes, as those terms are defined under State law, but is unable to demonstrate that utilities for the Address are paid for or in an account in the officer’s name. • I affirm that the owner of the property pays the utilities at the Address in lieu of the officer.

I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed by me at _________, on ______________________, 20___. _______________________
Signature
Affidavit of Homeowner/Landlord – Utilities
Continuing Residence
Current City Office Holder
BBLMC §1.12.080(A)
BBLMC §2.12.025(B)
BBLMC §13.24.045(B)

MONTHLY & MISCELLANEOUS

REPORTS

AGENDA REPORT

Service, Quality, Community
DATE: February 25, 2025
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, 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%.

On October 15, 2024, USDA requested clarifications regarding DWP’s Short-lived Asset Reserve Account and the information was provided. On December 4, 2024, USDA’s new Environmental Coordinator requested several clarifications to the August 8, 2024 NEPA document. All of the information requested was provided by 7:30 am, on December 5, 2024.

Also on December 4, 2024, additional financial document clarifications were requested, and the information was provided that day. On December 10, 2024, USDA requested and DWP provided clarifications regarding our service area boundaries and the number of customers in each area.

On December 16, 2024, USDA requested and DWP provided additional NEPA document clarifications. On December 20, 2024, USDA requested additional NEPA clarifications and provided two additional NEPA related forms for DWP to fill out. All requested information was General Manager’s Report
February 25, 2025