CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, APRIL 8, 2026
Closed Session: 4:00 p.m., ECR, Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315 Open Session: 5:00 p.m., Hofert Hall, Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315
COUNCILMEMBERS
MAYOR RANDALL PUTZ
MAYOR PRO TEM KENDI SEGOVIA
COUNCILMEMBER RICK HERRICK
COUNCILMEMBER CHARLES HICKS, JR.
COUNCILMEMBER PERRI MELNICK
CITY STAFF
CITY MANAGER ERIK SUND
CITY ATTORNEY HONGDAO NGUYEN
ASSISTANT CITY MANAGER/CITY CLERK ERICA STEPHENSON
ADMINISTRATIVE SERVICES MANAGER RACHEL BOWMAN
If members of the public cannot attend the meeting, the City encourages the public to submit written public communications about any item on this meeting agenda, or about any subject matter within the jurisdiction of the City, to the City Clerk either in person, via mail or by email at [email protected]. If your comment is related to a specific Agenda item, please identify the Agenda item in the header of your letter or the subject line of your email. All written communications received by the City Clerk prior to the meeting will be distributed to the City Council prior to the start of the meeting, however, the public is encouraged to submit comments by 8:00 am on the day of the meeting to ensure adequate time for City Council review and consideration.
OPEN SESSION – 4:00 P.M.
CALL TO ORDER
ROLL CALL
CLOSED SESSION COMMUNICATIONS
Any member of the public is entitled to speak on Closed Session Agenda items. If you wish to address any other items listed on the agenda, you must do so during Open Session. There is a three-minute maximum time limit when addressing City Council. The time limit is subject to adjustment at the discretion of the Presiding Officer. Speakers are limited to their individual maximum time limit and other members of the public cannot cede their speaking time to another person.
DECLARATION OF CLOSED SESSION ITEMS
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
Property: 630 Bartlett Road, APN: 0308-166-57
CITY COUNCIL AGENDA
APRIL 8, 2026 - Page 2
Link to Google Map: https://maps.app.goo.gl/38Wnozo7WvvziJSq7 Name of Negotiator: City Manager Erik Sund
Negotiating Party: Gonzalez Living Trust - Adolfo A. Gonzalez Under Negotiation: Price & Terms of Payment
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Government Code Section 54956.8
Property: 546 Squirrel Lane / 0 Cottage Lane, APNs: 0308-163-18 / 0308-163-17 / 0308-163-16 / 0308-163-15 / 0308-162-20 / 0308-162-19
Link to Google Maps: https://maps.app.goo.gl/pLc2SPvrgFP5iiqN8 & https://maps.app.goo.gl/b6N7hzwiifn9kQR67
Name of Negotiator: City Manager Erik Sund
Negotiating Party: Christie A. Brewster / Craig Brewster Separate Property Trust 9 Under Negotiation: Price & Terms of Payment
3. CONFERENCE WITH LEGAL COUNSEL – PUBLIC EMPLOYEE DISCIPLINE/ DISMISSAL /RELEASE pursuant to Government Code Section 54957 (b)(1)
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION pursuant to Govt.
Code Section 54956.9 (d)(3)
One (1) Case
RECESS TO CLOSED SESSION
RECONVENE OPEN SESSION – 5:00 P.M.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
INVOCATION
An Invocation provided by Big Bear Troop and Pack 49.
RESULTS OF CLOSED SESSION
EVENT CALENDAR FOR THE PERFORMING ARTS CENTER - For tickets please contact the box office at (909) 866-4970 or visit www.citybigbearlake.com • Big Bear High School ASB and Performing Arts Club presents Mamma Mia! The Musical on April 17th and 24th at 7:30 p.m., April 18th and 25th at 7:00 p.m., with matinee showings on April 18th and 25th at 1:00 p.m.
• Mountain Top Strings of California presents “A Spring Strings Extravaganza” on Friday, May 8th at 7:00 p.m.
PRESENTATIONS
• New Employee Introductions:
o Thom DeGriselles, Management Analyst - Development Services Department o Melissa Burrola, Management Analyst - Development Services Department
CITY COUNCIL AGENDA
APRIL 8, 2026 - Page 3
• Presentation of a 15-year Employee Service Award to Andrew Mellon, Community Development Manager in the Development Services Department.
• Presentation of a Proclamation recognizing April 2026 as Arts, Culture & Creativity Month. • Presentation from Bear Valley Community Healthcare District (BVCHD) Chief Executive Officer Evan Rayner providing an update on the proposed hospital facility expansion and other related BVCHD information.
• Presentation from Director of Finance Dena Heald & Engineering Manager Miguel Cabanas providing the City’s Mid-Year Financial & Capital Project Update (July – December 2025).
CITY MANAGER ANNOUNCEMENTS IN RESPONSE TO PUBLIC COMMENTS MADE AT THE 3/11/26 REGULAR CITY COUNCIL MEETING
PUBLIC COMMUNICATIONS (PART 1)
At this time, general Public comment is permitted only on consent calendar items and other matters not listed on the posted agenda that are within the subject matter and jurisdiction of the City. Public comment on specific items listed on the posted agenda, such as public hearing & discussion or action items, will be taken later in the meeting when the item is called for discussion. When addressing the City Council, please keep the following in mind; State law prohibits the City Council from taking any action on items not listed on the agenda. Therefore, the City Council is prevented from engaging in discussion or deliberation regarding the public’s comments or inquires on non-agendized topics, although the City Council and/or City staff can make brief statements related to a public comment. Each speaker has a 3-minute maximum time limit subject to adjustment at the discretion of the Presiding Officer. To allow City Council sufficient time to address agendized City business, if Public Communications Part 1 exceeds one hour, the remaining public speakers will be allowed to provide public comments during Public Communications Part 2. Participants cannot cede their speaking time to another person. To help ensure a respectful and efficient meeting, please address the City Council directly, not the audience, and refrain from disruptive comments and applause. We appreciate your attendance and your participation in our local government proceedings.
1. CONSENT CALENDAR
1.1 APPROVE DEMANDS – CHECK ISSUE DATE 3/1/26 THROUGH 3/31/26 IN THE AMOUNT OF $2,434,995.70 AND THE FEBRUARY 2026 TREASURER’S REPORT
1.2 APPROVE MEETING MINUTES FROM THE FEBRUARY 3, 2026 SPECIAL
MEETING OF CITY COUNCIL
1.3 APPROVE MEETING MINUTES FROM THE MARCH 10, 2026 SPECIAL JOINT
MEETING OF CITY COUNCIL AND PLANNING COMMISSION
1.4 APPROVE MEETING MINUTES FROM THE MARCH 11, 2026 REGULAR
MEETING OF CITY COUNCIL
1.5 AUTHORIZE BID SOLICITATIONS FOR UPCOMING CAPITAL IMPROVEMENT
PROJECTS AND AUTHORIZE REQUEST FOR PROPOSALS FOR ENGINEERING
STUDIES
Staff Recommendation: Authorize staff to proceed with the identified bid solicitations or Request for Proposals (RFP) for the Annual Street Rehabilitation Project, Sewer Cleaning and
CITY COUNCIL AGENDA
APRIL 8, 2026 - Page 4
Video Inspection Project, Sanitary Sewer Cured In Place Pipe Project, Village Sidewalk Improvements Project, Sewer Master Plan Update and the Drainage Master Plan Update; and find the Annual Steet Rehabilitation, Sewer Cleaning and Video Inspection, Sanitary Sewer Cured in Place Pipe and Village Sidewalk Improvements Projects exempt from the California Environmental Quality Act (CEQA).
1.6 AUTHORIZE AN AGREEMENT WITH CMAX COMMERCIAL MAINTENANCE
FOR CITYWIDE STREET SWEEPING SERVICES
Staff Recommendation: Adopt a Resolution Authorizing an Agreement with CMAX Commercial Maintenance for Citywide Street Sweeping Services through June 30, 2028, in the Amount of $44,875.
1.7 AUTHORIZE A CONTRACT WITH SAN BERNARDINO COUNTY FOR THE
PURCHASE OF MOTOR VEHICLE FUEL
Staff Recommendation: Adopt a Resolution Authorizing a Contract with San Bernardino County for the Purchase of Motor Vehicle Fuel.
1.8 AWARD A CONSTRUCTION CONTRACT - 2026 CITYWIDE LINE STRIPING
PROJECT
Staff Recommendation: Adopt a Resolution Awarding a Construction Contract to Cat Tracking, Inc. for the 2026 Citywide Line Striping Project, in an Amount Not to Exceed $209,735.80.
1.9 AWARD A CONTRACT FOR THE ANNUAL PLANTING OF VILLAGE FLOWERS Staff Recommendation: Adopt a Resolution Awarding a Contract to New Generation Landscape Maintenance, Inc. for the Annual Planting of Village Flowers, in the Amount of $41,500.
1.10 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
Staff Recommendation: Adopt a Resolution Ordering the Preparation of an Engineer’s Report for the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) for Fiscal Year 2026-27, and a Resolution of Intention to Increase Assessments as of Fiscal Year 2026-27, to Authorize the Annual Levy and Collection of Assessments within the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) for such Fiscal Year, and Taking Other Actions Thereto.
1.11 INITIATION OF PROPOSITION 218 PROCEEDINGS TO CONSIDER PROPOSED
ADJUSTMENTS TO SOLID WASTE COLLECTION RATES
Staff Recommendation: Adopt a Resolution Authorizing the Initiation of Proposition 218 Proceedings to Consider Proposed Adjustments to Solid Waste Collection Rates.
CITY COUNCIL AGENDA
APRIL 8, 2026 - Page 5
1.12 AUTHORIZE THE CITY TO ACCEPT GRANT FUNDING FOR THE CALIFORNIA
YOUTH SERVICE CORP PROGRAM ON BEHALF OF THE SOUTHERN
CALIFORNIA MOUNTAINS FOUNDATION
Staff Recommendation: Adopt a Resolution Authorizing the City to Accept and Administer Funding from the Californians for All Youth Workforce Development Program Grant on Behalf of the Southern California Mountains Foundation.
1.13 AUTHORIZE A CONTRACT FOR THE CITY COUNCIL CHAMBERS AND
BROADCAST AREA AUDIO-VISUAL UPGRADE PROJECT
Staff Recommendation: Adopt a Resolution Authorizing a Contract with Ireland Sound Systems, Inc. for the City Council Chambers and Broadcast Area Audio-Visual Upgrade Project, in an Amount not to Exceed $325,000; and Approving a Budget Appropriation in the City’s Fiscal Year 2025-26 Budget from the Public, Educational and Governmental Access (PEG) Fund Balance to Complete this Project.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. PUBLIC HEARING - Any person may appear and be heard in support or in opposition to the proposal at the time of the hearing. If you challenge the action in court or an administrative proceeding, you may be limited to raising only those issues which you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City at or before the public hearing.
2.1 INTRODUCTION OF AN ORDINANCE AMENDING THE CITY’S REGULATIONS
RELATED TO TRANSIENT OCCUPANCY TAX, BUSINESS LICENSES,
GENERAL PENALTIES, ADMINISTRATIVE CITATIONS AND HEARINGS,
PUBLIC NUISANCES, AND VACATION RENTALS TO IMPLEMENT SENATE BILL 346 AND SUPPORT TRANSIENT OCCUPANCY TAX COMPLIANCE Staff Recommendation: Conduct a public hearing to hear any and all testimony, read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake, California, Amending Certain Sections of Chapter 3.20 (“Transient Occupancy Tax”) of Title 3 (“Revenue and Finance”), Chapter 5.02 (“Business Licenses”) of Title 5 (“Business Licenses, Taxes, and Regulations”), Chapters 1.16 (General Penalties”) and 1.17 (“Administrative Citations and Hearings”) of Title 1 (“General Provisions”), Chapter 8.80 (“Public Nuisances”) of Title 8 (“Health And Safety”) and Chapter 4.01 (“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses And Tourism”) of the Big Bear Lake Municipal Code to Update and Streamline the City's Procedures for Transient Occupancy Tax, Business License Regulations, Penalty Provisions, and Obligations of Short-Term Rental Facilitators and Make Other Technical Amendments to Said Provisions; and Finding these Amendments Exempt from the California Environmental Quality Act (CEQA).
3. DISCUSSION/ACTION ITEMS
CITY COUNCIL AGENDA
APRIL 8, 2026 - Page 6
3.1 APPROVE THE EXPENDITURE PLAN FOR CONTINUATION OF MEASURE I
FUNDING
Staff Recommendation: Adopt a Resolution of the City of Big Bear Lake, State of California, Approving the Expenditure Plan for the Expenditure of Revenues in San Bernardino County Expected to be Derived from the Proposed Continuation of Measure I.
3.2 REAL PROPERTY TRANSACTION – RELATING TO 630 BARTLETT ROAD AND 40729 BEAVER LANE
Staff Recommendation: Adopt a Resolution Authorizing the City Manager to Execute Any and All Documents Necessary to Consummate the Real Property Exchange Transaction, Involving the Real Properties Located at 630 Bartlett Road (Parcel Number: 0308-166-57) and 40729 Beaver Lane (Parcel Numbers: 0308-166-13 and 0308-166-14); and Finding the Action Exempt from the California Environmental Quality Act.
PUBLIC COMMUNICATIONS (PART 2)
4. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
• CITY CLERK, CITY ATTORNEY & CITY MANAGER COMMENTS
• COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
ADJOURNMENT
TENTATIVE ITEMS TO BE CONSIDERED AT A FUTURE PUBLIC MEETING • Fiscal Year 2026-27 Budget Workshop
o May 13, 2026 Special City Council Meeting
• GPAC Committee Meeting
o June 24, 2026 GPAC Meeting
• Film Permit Ordinance Update
o June 10, 2026 City Council Meeting
• Fiscal Year 2026-27 Budget Adoption
o June 10, 2026 City Council Meeting
DECLARATION OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 2nd day of April 2026.
Erica Stephenson, City Clerk
The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831.
Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CONSENT
CALENDAR REPORTS
April 8, 2026
CHECK # VENDOR NAME DATE AMOUNT
93689 SAN BERNARDINO COUNTY CLERK OF THE BOARD OF SUPERVISORS 03/05/26 50.00 93690 BEAR VALLEY MUTUAL WATER CO 03/05/26 287.50
93691 THE ADU COMPANY 03/05/26 6,500.00
93692 AIRGAS, INC. 03/05/26 73.52
93693 ARIES ADVISORS LLC 03/05/26 2,500.00
93694 BIG BEAR PAINT CENTER 03/05/26 221.23
93695 MICHAEL BONNER 03/05/26 16,626.00
93696 BUTCHERS BLOCKS & BUILDING MATERIALS 03/05/26 1,152.55 93697 CINTAS CORPORATION 03/05/26 420.23
93698 STEVE HINES LLC 03/05/26 6,830.00
93700 LUMBER CITY CORP. 03/05/26 8.72
93701 D & S SALES 03/05/26 12,144.20
93702 EMPIRE SAFETY & SUPPLY 03/05/26 215.50
93705 GOLDEN BELL PRODUCTS, INC 03/05/26 3,750.57
93707 MTS PARTNERS INC 03/05/26 337.26
93708 MILE HIGH SPORTS AND EQUIPMENT 03/05/26 808.13
93709 MILLER FLOORING INSTALLATIONS INC 03/05/26 3,920.36 93710 MINTIER HARNISH, LP 03/05/26 20,981.25
93711 MISSION LINEN SUPPLY INC. 03/05/26 195.41
93712 BBAP, LLC 03/05/26 390.94
93713 ORKIN PEST CONTROL 03/05/26 561.79
93714 THE PAW MISSION 03/05/26 3,500.00
93715 ROBERTSON'S READY MIX 03/05/26 412.78
93720 SIMPLER SYSTEMS INC 03/05/26 2,402.40
93722 TRUEPOINT SOLUTIONS, LLC 03/05/26 618.75
93723 TRIPEPI, SMITH & ASSOCIATES, INC. 03/05/26 300.00 93724 UNITED RENTALS INC 03/05/26 53,109.06
93725 WAXIE SANITARY SUPPLY INC. 03/05/26 670.33
93726 WILLDAN ENGINEERING INC 03/05/26 185.25
93728 XYLEM WATER SOLUTION USD INC 03/05/26 33,782.05
93729 SAN BERNARDINO COUNTY FIRE DEPARTMENT 03/12/26 5,935.19 93731 ALL PROTECTION ALARM 03/12/26 2,407.06
93733 BIG BEAR PAINT CENTER 03/12/26 26.53
93734 BUTCHERS BLOCKS & BUILDING MATERIALS 03/12/26 702.78 93736 EXECUCOM 03/12/26 735.00
93737 CINTAS CORPORATION 03/12/26 1,330.57
93738 LUMBER CITY CORP. 03/12/26 86.85
93739 EMPIRE SAFETY & SUPPLY 03/12/26 3,126.64
93740 GEIGER SUPPLY, INC. 03/12/26 1,377.34
93741 GRAINGER INC. 03/12/26 743.33
93745 MERRELL JOHNSON ENGINEERING INC 03/12/26 1,267.50 93746 MILLER FLOORING INSTALLATIONS INC 03/12/26 3,564.90 93747 MISSION LINEN SUPPLY INC. 03/12/26 386.08
93748 MONARCH WEATHER AND 03/12/26 990.00
93749 BBAP, LLC 03/12/26 407.39
93750 ORKIN PEST CONTROL 03/12/26 786.13
93751 PETER CRAWFORD PLUMBING 03/12/26 2,170.00
93752 ROBERTSON'S READY MIX 03/12/26 63.48
93755 SERVICE LIGHTING AND ELECTRICAL SUPPLIES 03/12/26 2,121.27 93757 SOUTHWEST GAS CORPORATION 03/12/26 21,466.15
93758 TRIDEN GROUP CORPORATION 03/12/26 47,463.90
93759 UNDERGROUND SERVICE ALERT INC. 03/12/26 186.42
93760 VOLVO CONSTRUCTION EQUIPMENT 03/12/26 106,943.44
93761 WAXIE SANITARY SUPPLY INC. 03/12/26 5,786.16
93762 DEPARTMENT OF JUSTICE 03/19/26 32.00
93763 ASCAP 03/19/26 460.17
93765 BIG BEAR LAKE URGENT CARE INC 03/19/26 185.00
93767 CIVICA LAW GROUP, APC 03/19/26 57,200.00
93768 LAGUNA VAULT, LLC 03/19/26 57.75
93769 FISHER INTEGRATED, INC. 03/19/26 1,200.00
93770 THE GRIZZLY 03/19/26 236.50
93771 JUSTFOIA INC 03/19/26 370.00
93772 MINTIER HARNISH, LP 03/19/26 5,541.96
93773 MOONRIDGE FUELSTOP 03/19/26 9,480.83
93774 MOUNTAIN TROPHY & PRO SHOP 03/19/26 258.60
93775 QUILL CORPORATION 03/19/26 1,132.58
93776 WILLDAN ENGINEERING INC 03/19/26 19,771.25
93778 BEAR VALLEY ELECTRIC 03/26/26 48,345.58
93779 SAN BERNARDINO COUNTY 03/26/26 2.00
93780 BIG BEAR LAKE DWP 03/26/26 2,528.24
93781 AIRGAS, INC. 03/26/26 66.34
93782 ALL PROTECTION ALARM 03/26/26 1,673.80
93783 ALL VALLEY ENVIRONMENTAL 03/26/26 295.00
93784 BAY CITY EQUIPMENT INDUSTRIES INC 03/26/26 4,366.78 93785 BEST BEST & KRIEGER LLP 03/26/26 24,388.38
93786 BIG BEAR PAINT CENTER 03/26/26 985.82
93787 BRAVO ARTS SOLUTIONS LLC 03/26/26 729.66
93788 PETER JOSEPH BUCKNAM 03/26/26 7,744.92
CITY OF BIG BEAR LAKE
CHECKS ISSUED 03/01/2026 - 03/31/2026
Item 1.1
CHECK # VENDOR NAME DATE AMOUNT
CITY OF BIG BEAR LAKE
CHECKS ISSUED 03/01/2026 - 03/31/2026
93789 BUTCHERS BLOCKS & BUILDING MATERIALS 03/26/26 328.64 93790 CINTAS CORPORATION 03/26/26 1,397.88
93791 MELISA CARLC 03/26/26 3,962.50
93792 E.I. COMPUTER SYSTEMS INC 03/26/26 450.00
93793 ROBERT CRITELLI 03/26/26 4,000.00
93794 DAPEER ROSENBLIT & LITVAK LLP 03/26/26 644.55
93795 LUMBER CITY CORP. 03/26/26 279.35
93796 FEDEX 03/26/26 56.36
93797 GRAINGER INC. 03/26/26 6,644.95
93798 THE GRIZZLY 03/26/26 1,500.00
93799 HINDERLITER DE LAMAS & ASSOC INC. 03/26/26 3,525.00 93801 MTS PARTNERS INC 03/26/26 570.01
93802 KNIGHTS AUTOMOTIVE AND PERFORMANCE, INC. 03/26/26 150.00 93803 LUDECKE'S ELECTRICAL SERVICE, INC. 03/26/26 11,968.75 93804 LYNN MERRILL AND ASSOCIATES, INC. 03/26/26 48.96
93806 MISSION LINEN SUPPLY INC. 03/26/26 202.06
93807 MUNICIPAL MAINTENANCE EQUIPMENT 03/26/26 3,121.48 93808 MICHAEL MARCOTTE 03/26/26 864.00
93809 BBAP, LLC 03/26/26 98.01
93810 ORKIN PEST CONTROL 03/26/26 177.42
93811 PETER CRAWFORD PLUMBING 03/26/26 12,696.50
93812 RDO EQUIPMENT CO 03/26/26 1,290.00
93813 SAFEGUARD BUSINESS SYSTEMS INC 03/26/26 316.96
93814 TRIDEN GROUP CORPORATION 03/26/26 535.00
93815 TRIPEPI, SMITH & ASSOCIATES, INC. 03/26/26 2,317.50 93816 VERIZON WIRELESS 03/26/26 1,564.19
ACH AUTOZONE INVESTMENT CORPORATION 03/05/26 509.37
ACH AUTOZONE INVESTMENT CORPORATION 03/12/26 81.47
ACH BIG BEAR DISPOSAL INC 03/05/26 314,957.24
ACH BIG BEAR DISPOSAL INC 03/12/26 314,957.24
ACH BIG BEAR DISPOSAL INC 03/26/26 127.48
ACH CHARTER COMMUNICATIONS HOLDINGS, LLC 03/12/26 5,249.63 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC 03/26/26 3,227.51 ACH EIDE BAILLY LLP 03/12/26 339.00
ACH FIRST-CITIZENS BANK & TRUST COMPANY 03/12/26 1,829.98 ACH FIRST-CITIZENS BANK & TRUST COMPANY 03/26/26 2,241.86 ACH FRONTIER CALIFORNIA INC 03/12/26 5,851.21
ACH RING CENTRAL 03/05/26 2,880.94
ACH RING CENTRAL 03/26/26 2,880.94
ACH SAN BERN CNTY SHERIFF DEPT 03/05/26 545,835.00
ACH SAN BERN CNTY SHERIFF DEPT 03/26/26 545,835.00
ACH STAPLES BUSINESS CREDIT 03/19/26 242.40
ACH UNITED RENTALS INC 03/12/26 1,015.02
ACH UNITED RENTALS INC 03/26/26 20,005.01
ACH US BANK CORPORATE PAYMENT SYSTEMS 03/20/26 37,173.55 ACH VALERO MARKETING & SUPPLY CO 03/12/26 962.73
2,434,995.70
CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY COUNCIL 4110
93714 THE PAW MISSION 03/05/26 3,500.00
93774 MOUNTAIN TROPHY & PRO SHOP 03/19/26 193.95
ACH US BANK CORPORATE PAYMENT SYSTEMS 03/20/26 2,141.17 CITY COUNCIL TOTAL 5,835.12
CITY MANAGER 4120
ACH US BANK CORPORATE PAYMENT SYSTEMS
MOBILE PET VACCINE CLINIC
NAME PLATES
CALCITIES CONFERENCE EXPENSE/IEEP STATE OF THE REGION EXP/COUNCIL PROVISIONS CALCITIES MGR CONF/OFFICE SUPPLIES/MEETING EXPENSE/EMPLOYEE APPRECIATION/PHONE REPAIR 03/20/26 3,341.79 CITY MANAGER TOTAL 3,341.79
CITY CLERK & COMMUNICATIONS 4130
93768 LAGUNA VAULT, LLC DOCUMENT STORAGE - MARCH 03/19/26 57.75 93785 BEST BEST & KRIEGER LLP PRA SERVICES - FEBRUARY 03/26/26 1,874.60 ACH US BANK CORPORATE PAYMENT SYSTEMS CAPIO CONFERENCE EXPENSE/OFFICE SUPPLIES/PUBLIC RECORDS ACT TRAINING 03/20/26 719.22 CITY CLERK & COMMUNICATIONS TOTAL 2,651.57
FINANCE & TREASURY SERVICES 4140
93690 BEAR VALLEY MUTUAL WATER CO ANNUAL SERVICE FEE 03/05/26 287.50 93720 SIMPLER SYSTEMS INC PROFESSIONAL SERVICES 03/05/26 2,402.40 93723 TRIPEPI, SMITH & ASSOCIATES, INC. PROFESSIONAL SERVICES 03/05/26 225.00 93801 MTS PARTNERS INC TONER 03/26/26 570.01
93813 SAFEGUARD BUSINESS SYSTEMS INC PAYROLL CHECK STOCK 03/26/26 316.96 93815 TRIPEPI, SMITH & ASSOCIATES, INC. PROFESSIONAL SERVICES 03/26/26 2,317.50 ACH EIDE BAILLY LLP PROFESSIONAL SERVICES 03/12/26 339.00 ACH STAPLES BUSINESS CREDIT OFFICE SUPPLIES 03/19/26 242.40 ACH US BANK CORPORATE PAYMENT SYSTEMS GFOA & CSMFO MEMBERSHIPS/OFFICE SUPPLIES/EMPLOYEE APPRECIATION/RECRUITMENT JOB ADS 03/20/26 1,835.36 FINANCE & TREASURY SERVICES TOTAL 8,536.13
STAFF SERVICES & RISK MANAGEMENT 4150
93762 DEPARTMENT OF JUSTICE RECRUITMENT EXPENSE 03/19/26 32.00 93765 BIG BEAR LAKE URGENT CARE INC RECRUITMENT EXPENSE 03/19/26 185.00 93770 THE GRIZZLY RECRUITMENT EXPENSE 03/19/26 157.50
93798 THE GRIZZLY RECRUITMENT EXPENSE 03/26/26 56.25
ACH US BANK CORPORATE PAYMENT SYSTEMS RECRUITMENT EXPENSE/EMPLOYEE ENGAGEMENT/OFFICE SUPPLIES/MEETING EXPENSE 03/20/26 3,147.37 STAFF SERVICES & RISK MANAGEMENT TOTAL 3,578.12
CITY ATTORNEY 4170
93767 CIVICA LAW GROUP, APC PROFESSIONAL LEGAL SERVICES - FEBRUARY 03/19/26 57,200.00 93785 BEST BEST & KRIEGER LLP PROFESSIONAL LEGAL SERVICES - FEBRUARY 03/26/26 22,513.78 93798 THE GRIZZLY LEGAL NOTICES 03/26/26 1,443.75
CITY ATTORNEY TOTAL 81,157.53
TRAFFIC SAFETY 4230
93778 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 03/26/26 2,321.66 TRAFFIC SAFETY TOTAL 2,321.66
LAW ENFORCEMENT 4250
ACH SAN BERN CNTY SHERIFF DEPT MONTHLY SHERIFF CONTRACT - FEBRUARY 03/05/26 545,835.00 ACH SAN BERN CNTY SHERIFF DEPT MONTHLY SHERIFF CONTRACT - MARCH 03/26/26 545,835.00 LAW ENFORCEMENT TOTAL 1,091,670.00
ANIMAL REGULATION 4260
93750 ORKIN PEST CONTROL PEST CONTROL SERVICES 03/12/26 177.42 93795 LUMBER CITY CORP. MATERIALS/SUPPLIES 03/26/26 54.28 93810 ORKIN PEST CONTROL PEST CONTROL SERVICES 03/26/26 177.42 93811 PETER CRAWFORD PLUMBING PLUMBING SERVICES 03/26/26 525.00 ANIMAL REGULATION TOTAL 934.12
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 03/01/2026 - 03/31/2026
CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 03/01/2026 - 03/31/2026
ENGINEERING
93689
4310
SAN BERNARDINO COUNTY CLERK OF THE BOARD NOTICE OF EXEMPTION FILING FEE 03/05/26 50.00 93726 WILLDAN ENGINEERING INC PROFESSIONAL SERVICES 03/05/26 185.25 93745 MERRELL JOHNSON ENGINEERING INC PROFESSIONAL SERVICES 03/12/26 760.50 93788 PETER JOSEPH BUCKNAM PROFESSIONAL SERVICES 03/26/26 7,744.92 ACH US BANK CORPORATE PAYMENT SYSTEMS CWEA MEMBERSHIPS/MEETING EXPENSE/OFFICE SUPPLIES/NEW EMPLOYEE ENGAGEMENT 03/20/26 689.76 ENGINEERING TOTAL 9,430.43
STREET MAINTENANCE & SNOW REMOVAL 4320
93696 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/05/26 279.74 93700 LUMBER CITY CORP. MATERIALS/SUPPLIES 03/05/26 8.72 93702 EMPIRE SAFETY & SUPPLY SAFETY SUPPLIES 03/05/26 172.40 93711 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/05/26 156.33 93715 ROBERTSON'S READY MIX MATERIALS/SUPPLIES 03/05/26 412.78 93724 UNITED RENTALS INC SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 03/05/26 53,109.06 93725 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 03/05/26 167.58 93731 ALL PROTECTION ALARM ALARM MONITORING 03/12/26 643.98 93734 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/12/26 91.03 93736 EXECUCOM AFTER-HOURS CALL SERVICE 03/12/26 367.50 93737 CINTAS CORPORATION AED LEASE 03/12/26 70.04
93738 LUMBER CITY CORP. MATERIALS/SUPPLIES 03/12/26 86.85 93739 EMPIRE SAFETY & SUPPLY SAFETY SUPPLIES 03/12/26 2,501.31 93741 GRAINGER INC. MATERIALS/SUPPLIES 03/12/26 743.33
93747 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/12/26 305.68 93748 MONARCH WEATHER AND WEATHER FORECASTING SERVICES 03/12/26 990.00 93750 ORKIN PEST CONTROL PEST CONTROL SERVICES 03/12/26 174.25 93752 ROBERTSON'S READY MIX MATERIALS/SUPPLIES 03/12/26 63.48 93760 VOLVO CONSTRUCTION EQUIPMENT SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 03/12/26 106,943.44 93761 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 03/12/26 2,000.93 93770 THE GRIZZLY NEWSPAPER SUBSCRIPTION 03/19/26 79.00 93773 MOONRIDGE FUELSTOP SNOW REMOVAL EXPENSE - FUEL 03/19/26 9,480.83 93784 BAY CITY EQUIPMENT INDUSTRIES INC EQUIPMENT REPAIRS 03/26/26 1,126.67 93790 CINTAS CORPORATION FIRST AID SUPPLIES 03/26/26 698.94 93806 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/26/26 161.65 93807 MUNICIPAL MAINTENANCE EQUIPMENT EQUIPMENT REPAIRS 03/26/26 3,121.48 ACH AUTOZONE INVESTMENT CORPORATION MATERIALS/SUPPLIES 03/05/26 281.33 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC CABLE SERVICE 03/12/26 96.26 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC CABLE SERVICE 03/26/26 96.26 ACH UNITED RENTALS INC SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 03/12/26 1,015.02 ACH UNITED RENTALS INC SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 03/26/26 20,005.01 ACH US BANK CORPORATE PAYMENT SYSTEMS SNOW PROVISIONS/OFFICE SUPPLIES 03/20/26 6,302.93 ACH VALERO MARKETING & SUPPLY CO FUEL EXPENSE 03/12/26 887.66 PW: STREET MAINTENANCE & SNOW REMOVAL TOTAL 212,641.47
VEHICLE MAINTENANCE 4325
93711 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/05/26 9.77 93712 BBAP, LLC MATERIALS/SUPPLIES 03/05/26 390.94
93734 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/12/26 110.69 93747 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/12/26 23.39 93749 BBAP, LLC VEHICLE REPAIR PARTS 03/12/26 134.84
93757 SOUTHWEST GAS CORPORATION NATURAL GAS USAGE 03/12/26 3,861.56 93778 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 03/26/26 83.81 93780 BIG BEAR LAKE DWP WATER USAGE 03/26/26 291.80
93783 ALL VALLEY ENVIRONMENTAL OIL WASTE REMOVAL 03/26/26 295.00 93802 KNIGHTS AUTOMOTIVE AND PERFORMANCE, INC. VEHICLE REPAIR SERVICE 03/26/26 150.00 93806 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/26/26 10.11 93809 BBAP, LLC VEHICLE REPAIR PARTS 03/26/26 98.01
93812 RDO EQUIPMENT CO VEHICLE REPAIR SERVICE 03/26/26 1,290.00 ACH AUTOZONE INVESTMENT CORPORATION MATERIALS/SUPPLIES 03/05/26 228.04 CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 03/01/2026 - 03/31/2026
ACH AUTOZONE INVESTMENT CORPORATION VEHICLE REPAIR PARTS 03/12/26 81.47 ACH US BANK CORPORATE PAYMENT SYSTEMS VEHICLE MAINTENANCE 03/20/26 1,064.54 PW: VEHICLE MAINTENANCE TOTAL 8,123.97
STREET LIGHTING 4330
93778 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 03/26/26 11,991.61 PW: STREET LIGHTING TOTAL 11,991.61
PARKING LOTS & FACILITIES 4335
93694 BIG BEAR PAINT CENTER PAINT SUPPLIES 03/05/26 221.23 93696 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/05/26 402.85 93713 ORKIN PEST CONTROL PEST CONTROL SERVICES 03/05/26 294.83 93725 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 03/05/26 167.58 93731 ALL PROTECTION ALARM ALARM MONITORING 03/12/26 251.58 93733 BIG BEAR PAINT CENTER PAINT SUPPLIES 03/12/26 26.53 93734 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/12/26 258.89 93750 ORKIN PEST CONTROL PEST CONTROL SERVICES 03/12/26 167.50 93757 SOUTHWEST GAS CORPORATION NATURAL GAS USAGE 03/12/26 1,613.83 93761 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 03/12/26 1,261.76 93778 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 03/26/26 5,632.09 93780 BIG BEAR LAKE DWP WATER USAGE 03/26/26 532.97
93786 BIG BEAR PAINT CENTER PAINT SUPPLIES 03/26/26 278.38 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 03/12/26 480.00 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 03/26/26 240.00 PW: PARKING LOTS & FACILITIES TOTAL 11,830.02
PLANNING 4410
93693 ARIES ADVISORS LLC PROFESSIONAL SERVICES 03/05/26 2,500.00 93779 SAN BERNARDINO COUNTY MONTHLY ASSESSOR PARCEL MAP UPDATE 03/26/26 2.00 93791 MELISA CARLC PROFESSIONAL SERVICES 03/26/26 1,115.00 ACH US BANK CORPORATE PAYMENT SYSTEMS OFFICE SUPPLIES 03/20/26 41.43 PLANNING TOTAL 3,658.43
ECONOMIC DEVELOPMENT & TOURISM MANAGEMENT 4415
93794 DAPEER ROSENBLIT & LITVAK LLP PROFESSIONAL SERVICES 03/26/26 644.55 93799 HINDERLITER DE LAMAS & ASSOC INC. PROFESSIONAL SERVICES 03/26/26 3,525.00 ACH US BANK CORPORATE PAYMENT SYSTEMS CACEO & SCAG CONFERENCE EXPENSE/CACEO MEMBERSHIP/MEETING EXP/FUEL EXP 03/20/26 2,061.97 ACH VALERO MARKETING & SUPPLY CO FUEL EXPENSE 03/12/26 75.07 ECONOMIC DEVELOPMENT & TOURISM MANAGEMENT TOTAL 6,306.59 BUILDING & SAFETY 4430
93776 WILLDAN ENGINEERING INC PROFESSIONAL SERVICES 03/19/26 19,771.25 BUILDING & SAFETY TOTAL 19,771.25
CITY PARKS & TRAILS 4625
93696 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/05/26 96.37 93708 MILE HIGH SPORTS AND EQUIPMENT MATERIALS/SUPPLIES 03/05/26 808.13 93725 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 03/05/26 167.58 93731 ALL PROTECTION ALARM ALARM MONITORING 03/12/26 511.68 93734 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/12/26 68.06 93755 SERVICE LIGHTING AND ELECTRICAL SUPPLIES HOLIDAY LIGHTING DÉCOR 03/12/26 2,121.27 93761 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 03/12/26 1,261.76 93778 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 03/26/26 6,742.90 93780 BIG BEAR LAKE DWP WATER USAGE 03/26/26 978.09
93782 ALL PROTECTION ALARM ALARM MONITORING 03/26/26 125.79 93786 BIG BEAR PAINT CENTER PAINT SUPPLIES 03/26/26 679.31 93797 GRAINGER INC. MATERIALS/SUPPLIES 03/26/26 5,956.37 CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 03/01/2026 - 03/31/2026
ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 03/12/26 819.98 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 03/26/26 409.99 CITY PARKS & TRAILS TOTAL 20,747.28
GENERAL GOVERNMENT 4800
93737 CINTAS CORPORATION FIRST AID SUPPLIES 03/12/26 770.26 93774 MOUNTAIN TROPHY & PRO SHOP OFFICE NAME PLATES 03/19/26 64.65 93775 QUILL CORPORATION OFFICE SUPPLIES 03/19/26 1,132.58 93796 FEDEX SHIPPING CHARGES 03/26/26 56.36
ACH US BANK CORPORATE PAYMENT SYSTEMS ERGONOMIC STANDING DESK/SHIPPING CHARGES 03/20/26 526.00 GENERAL GOVERNMENT TOTAL 2,549.85
INFORMATION TECHNOLOGY 4810
93695 MICHAEL BONNER ANNUAL GOVPILOT SUBSCRIPTION 03/05/26 16,626.00 93698 STEVE HINES LLC ANNUAL LASERFICHE LICENSING 03/05/26 6,830.00 93707 MTS PARTNERS INC TONER 03/05/26 337.26
93722 TRUEPOINT SOLUTIONS, LLC ACCELA SUPPORT 03/05/26 618.75 93758 TRIDEN GROUP CORPORATION MONTHLY IT SERVICES - FEB & MAR/ANNUAL LICENSE RENEWALS/MIGRATION SERVICES 03/12/26 47,463.90 93769 FISHER INTEGRATED, INC. VIDEO STREAMING 03/19/26 1,200.00 93771 JUSTFOIA INC PRA SOFTWARE SUPPORT 03/19/26 370.00 93791 MELISA CARLC PROFESSIONAL SERVICES 03/26/26 2,847.50 93792 E.I. COMPUTER SYSTEMS INC CAMERA CONFIGURING PROJECT 03/26/26 450.00 93803 LUDECKE'S ELECTRICAL SERVICE, INC. ELECTRICAL SERVICES 03/26/26 11,968.75 93814 TRIDEN GROUP CORPORATION IT SERVICES 03/26/26 535.00 93816 VERIZON WIRELESS CELL PHONE SERVICE 03/26/26 1,016.72 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC HIGH SPEED INTERNET 03/12/26 3,613.41 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC HIGH SPEED INTERNET 03/26/26 2,361.27 ACH FIRST-CITIZENS BANK & TRUST COMPANY COPIER LEASE - FEBRUARY 03/12/26 1,829.98 ACH FIRST-CITIZENS BANK & TRUST COMPANY COPIER LEASE - MARCH/MAINTENANCE AGREEMENT 03/26/26 2,241.86 ACH FRONTIER CALIFORNIA INC TELEPHONE SERVICE 03/12/26 4,220.34 ACH RING CENTRAL COMMUNICATION SERVICES 03/05/26 2,880.94 ACH RING CENTRAL COMMUNICATION SERVICES 03/26/26 2,880.94 ACH US BANK CORPORATE PAYMENT SYSTEMS COMPUTER EQUIPMENT & SUPPLIES/PROFESSIONAL PLATFORMS/SOCIAL MEDIA ANNUAL SUBSCRIPTION 03/20/26 7,608.32 TECHNOLOGY SERVICES TOTAL 117,900.94
CIVIC CENTER 4820
93697 CINTAS CORPORATION AED LEASE 03/05/26 420.23
93711 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/05/26 13.68 93713 ORKIN PEST CONTROL PEST CONTROL SERVICES 03/05/26 266.96 93725 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 03/05/26 167.59 93731 ALL PROTECTION ALARM ALARM MONITORING 03/12/26 657.62 93734 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/12/26 162.80 93737 CINTAS CORPORATION AED LEASE 03/12/26 420.23
93740 GEIGER SUPPLY, INC. JANITORIAL SUPPLIES 03/12/26 1,377.34 93747 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/12/26 27.13 93750 ORKIN PEST CONTROL PEST CONTROL SERVICES 03/12/26 266.96 93757 SOUTHWEST GAS CORPORATION NATURAL GAS USAGE 03/12/26 7,519.36 93761 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 03/12/26 1,261.71 93780 BIG BEAR LAKE DWP WATER USAGE 03/26/26 388.10
93782 ALL PROTECTION ALARM ALARM MONITORING 03/26/26 1,148.40 93784 BAY CITY EQUIPMENT INDUSTRIES INC EQUIPMENT REPAIRS 03/26/26 3,240.11 93806 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/26/26 14.14 93808 MICHAEL MARCOTTE EQUIPMENT REPAIRS 03/26/26 864.00 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 03/12/26 239.98 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 03/26/26 119.99 ACH US BANK CORPORATE PAYMENT SYSTEMS CARPET CLEANER MACHINE/MATERIALS & SUPPLIES/STAFF PROVISIONS 03/20/26 6,120.30 CIVIC CENTER TOTAL 24,696.63
CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 03/01/2026 - 03/31/2026
PAC OPERATIONS & MAINTENANCE 4821
93696 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/05/26 58.23 93709 MILLER FLOORING INSTALLATIONS INC DRESSING ROOM FLOORING REPLACEMENT 03/05/26 3,920.36 93731 ALL PROTECTION ALARM ALARM MONITORING 03/12/26 342.20 93746 MILLER FLOORING INSTALLATIONS INC DRESSING ROOM FLOORING REPLACEMENT 03/12/26 3,564.90 93757 SOUTHWEST GAS CORPORATION NATURAL GAS USAGE 03/12/26 2,121.04 93763 ASCAP ANNUAL MUSIC LICENSE FEE 03/19/26 460.17
93782 ALL PROTECTION ALARM ALARM MONITORING 03/26/26 399.61 93786 BIG BEAR PAINT CENTER PAINT SUPPLIES 03/26/26 28.13 93787 BRAVO ARTS SOLUTIONS LLC BOX OFFICE CREDIT CARD READERS 03/26/26 729.66 93789 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/26/26 328.64 93793 ROBERT CRITELLI PAINTING SERVICES 03/26/26 4,000.00 93795 LUMBER CITY CORP. MATERIALS/SUPPLIES 03/26/26 220.72 ACH US BANK CORPORATE PAYMENT SYSTEMS TRASH RECEPTACLES 03/20/26 1,573.39 PAC OPERATIONS & MAINTENANCE TOTAL 17,747.05
SANITATION 250
93692 AIRGAS, INC. MATERIALS/SUPPLIES 03/05/26 73.52
93696 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/05/26 14.00 93701 D & S SALES EQUIPMENT MAINTENANCE 03/05/26 12,144.20 93702 EMPIRE SAFETY & SUPPLY SAFETY SUPPLIES 03/05/26 43.10 93705 GOLDEN BELL PRODUCTS, INC MATERIALS/SUPPLIES 03/05/26 3,750.57 93736 EXECUCOM AFTER-HOURS CALL SERVICE 03/12/26 367.50 93737 CINTAS CORPORATION AED LEASE 03/12/26 70.04
93739 EMPIRE SAFETY & SUPPLY SAFETY SUPPLIES 03/12/26 625.33 93745 MERRELL JOHNSON ENGINEERING INC PROFESSIONAL SERVICES 03/12/26 253.50 93749 BBAP, LLC VEHICLE REPAIR PARTS 03/12/26 272.55
93757 SOUTHWEST GAS CORPORATION NATURAL GAS USAGE 03/12/26 3,861.53 93759 UNDERGROUND SERVICE ALERT INC. UNDERGROUND DIG ALERT SERVICES 03/12/26 186.42 93778 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 03/26/26 17,741.78 93780 BIG BEAR LAKE DWP WATER USAGE 03/26/26 54.84
93781 AIRGAS, INC. MATERIALS/SUPPLIES 03/26/26 66.34
93790 CINTAS CORPORATION FIRST AID SUPPLIES 03/26/26 698.94 93795 LUMBER CITY CORP. MATERIALS/SUPPLIES 03/26/26 4.35 93816 VERIZON WIRELESS CELL PHONE SERVICE 03/26/26 422.33 ACH FRONTIER CALIFORNIA INC TELEPHONE SERVICE 03/12/26 1,630.87 SANITATION TOTAL 42,281.71
PROPERTY LEASE GENERAL OPERATIONS 255
93723 TRIPEPI, SMITH & ASSOCIATES, INC. PROFESSIONAL SERVICES 03/05/26 75.00 PROPERTY LEASE GENERAL OPERATIONS TOTAL 75.00
VILLAGE STREETSCAPE MAINTENANCE 291
93696 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/05/26 301.36 93734 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 03/12/26 11.31 93751 PETER CRAWFORD PLUMBING HEATED SIDE WALK REPAIR SERVICES 03/12/26 2,170.00 93757 SOUTHWEST GAS CORPORATION NATURAL GAS USAGE 03/12/26 2,488.83 93778 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 03/26/26 3,831.73 93780 BIG BEAR LAKE DWP WATER USAGE 03/26/26 282.44
93797 GRAINGER INC. MATERIALS/SUPPLIES 03/26/26 688.58
93811 PETER CRAWFORD PLUMBING HEATED SIDE WALK REPAIR SERVICES 03/26/26 12,171.50 ACH BIG BEAR DISPOSAL INC VILLAGE LITTER CONTAINERS 03/05/26 2,686.15 ACH BIG BEAR DISPOSAL INC VILLAGE LITTER CONTAINERS 03/12/26 2,686.15 VILLAGE STREETSCAPE MAINTENANCE TOTAL 27,318.05
CAPITAL PROJECTS 321
93691 THE ADU COMPANY CIVIC CENTER REPAIRS 03/05/26 6,500.00 93710 MINTIER HARNISH, LP GENERAL PLAN AMENDMENT PROJECT 03/05/26 20,981.25 93728 XYLEM WATER SOLUTION USD INC SANITATION INFRASTRUCTURE 03/05/26 33,782.05 CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 03/01/2026 - 03/31/2026
93772 MINTIER HARNISH, LP GENERAL PLAN AMENDMENT PROJECT 03/19/26 5,541.96 CAPITAL PROJECTS TOTAL 66,805.26
REFUSE 550
93711 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/05/26 15.63 93729 SAN BERNARDINO COUNTY FIRE DEPARTMENT HOUSEHOLD HAZARDOUS WASTE REMOVAL 03/12/26 5,935.19 93745 MERRELL JOHNSON ENGINEERING INC PROFESSIONAL SERVICES 03/12/26 253.50 93747 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/12/26 29.88 93804 LYNN MERRILL AND ASSOCIATES, INC. PROFESSIONAL SERVICES 03/26/26 48.96 93806 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 03/26/26 16.16 93816 VERIZON WIRELESS CELL PHONE SERVICE 03/26/26 125.14 ACH BIG BEAR DISPOSAL INC RESIDENTIAL CURB/BIN SERVICE - FEBRUARY 03/05/26 312,271.09 ACH BIG BEAR DISPOSAL INC RESIDENTIAL CURB/BIN SERVICE - MARCH 03/12/26 312,271.09 ACH BIG BEAR DISPOSAL INC PORTABLE RESTROOM RENTALS 03/26/26 127.48 REFUSE TOTAL 631,094.12
2,434,995.70
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account $ 1,468,002 4.83%
Imprest Cash - Payroll $ 12,823 0.04%
Imprest Cash $ 1,625 0.01%
Dental Self Insured Checking $ 178,836 0.59%
Local Agency Investment Fund (LAIF) 3.871% $ 28,713,751 94.53% Total Cash In Treasury: $ 30,375,037 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 244
LAIF Transactions $2,000,000 -$750,000
Interest Received in Fiscal Year 2025-26 $943,826
DISTRIBUTION OF CASH BY FUND February 2026 January 2026 Change General $ 16,897,629 $ 23,284,023 $ (6,386,394)
Sanitation $ 4,223,600 $ 6,097,235 $ (1,873,635)
Capital Improvement $ 6,863,421 $ (2,157,272) $ 9,020,693 Refuse $ 1,594,384 $ 1,623,979 $ (29,595)
Trust $ 654,057 $ 979,150 $ (325,093)
Successor Agency $ 229,561 $ 256,705 $ (27,144)
AB 3229 Supp Law Enforce $ 467,127 $ 448,928 $ 18,199
Fire Protection District $ (554,742) $ (757,792) $ 203,050 Total Cash in Treasury: $ 30,375,037 $ 29,774,956 $ 600,081 CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 1999 IA Tax Allocation Bonds $ 289,288 $ 289,288 3.56%
- The aforementioned investments conform to the City's investment policy. (Res. 2022-64) - Cash is sufficient to meet needs of the next 6 months. - Interest earned on invested cash is accrued on a quarterly basis.
Pursuant to California Government Code 53647 all local government agencies are required to report the current market value of investments under management by an outside party. The reserve funds for the aforementioned bond issues are held and managed by the City's Trustee, Union Bank.
CITY OF BIG BEAR LAKE
TREASURER'S REPORT
February, 2026
Special Meeting Minutes – February 3, 2026
-
A Special Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Putz at 11:33 a.m., Tuesday, February 3, 2026, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Melnick
Councilmembers Present: Mayor Randall Putz
Mayor Pro Tem Kendi Segovia
Councilmember Rick Herrick
Councilmember Charles Hicks, Jr.
Councilmember Perri Melnick
Others Present: City Manager Erik Sund
Assistant City Manager / City Clerk Erica Stephenson
PUBLIC COMMUNICATIONS
Daniel Gulbranson, Big Bear Lake resident, stated that he doesn’t agree with the City Council establishing a GPAC Committee; and commented on the City’s Special Meeting noticing practices.
Pat Enyart, Sugarloaf resident, shared that she would have liked to serve on the City’s GPAC Committee, but explained she doesn’t live in the City.
1. DISCUSSION/ACTION ITEM
1. Discussion and possible action related to the General Plan Advisory Committee (GPAC) representatives’ categories and the City Council interviews of the GPAC applicants.
City Manager Erik Sund made this presentation. Then the City Council engaged in a discussion related to the GPAC’s representatives’ categories.
Following City Council’s comments, a motion was made by Councilmember Hicks and seconded by Councilmember Herrick, to increase the GPAC’s full-time resident category, which would maintain the GPAC Committee at 17 members.
Said motion was approved by the following vote:
AYES: Segovia, Hicks, Melnick, Herrick, Putz
NOES: None
ABSTAIN: None
ABSENT: None
Item
1.2
Special Meeting Minutes
February 3, 2026
Following the Roll Call Vote, a motion was made by Councilmember Melnick and seconded by Councilmember Herrick, to allow for the GPAC Committee to range from 11 to 17 members throughout the General Plan Update process.
Said motion was approved by the following vote:
AYES: Hicks, Melnick, Segovia, Herrick
NOES: Putz
ABSTAIN: None
ABSENT: None
2. Conduct an interview of the GPAC second-homeowner applicant.
The City Council conducted an interview of the following GPAC second-homeowner applicant.
1. David Nelson
3. Discussion and possible action to appoint a GPAC second-homeowner applicant to serve as a GPAC Committee Member.
The City Council decided to wait to make any appointments until after all the applicants had been interviewed.
4. Conduct interviews of the GPAC full-time resident applicants.
The City Council conducted interviews of the following GPAC full-time resident applicants.
1. Michelle McCoy
2. Vincent Pace
3. Drew Papas
Councilmember Herrick nominated David Nelson to serve on the GPAC Committee in the secondhomeowner category.
The nomination to appoint David Nelson to serve on the GPAC Committee, was approved by the following vote:
AYES: Herrick, Melnick, Segovia, Hicks, Putz
NOES: None
ABSTAIN: None
ABSENT: None
At the hour of 1:00 p.m., Mayor Putz called for a recess.
At the hour of 1:09 p.m., Mayor Putz reconvened the meeting.
5. Discussion and possible action to appoint GPAC full-time resident applicants to serve as GPAC Committee Members.
At the hour of 1:25 p.m., Mayor Putz called for a short recess.
At the hour of 1:32 p.m., Mayor Putz reconvened the meeting
Special Meeting Minutes
February 3, 2026
Councilmember Hicks nominated Janice Etter, Michelle McCoy and Cody Lewis to serve on the GPAC Committee in the full-time resident category.
The nomination to appoint Janice Etter, Michelle McCoy and Cody Lewis to serve on the GPAC Committee, was approved by the following vote:
AYES: Melnick, Segovia, Hicks, Herrick, Putz
NOES: None
ABSTAIN: None
ABSENT: None
Councilmember Hicks nominated Vincent Pace to serve on the GPAC Committee in the full-time resident category.
The nomination to appoint Vincent Pace to serve on the GPAC Committee, was approved by the following vote:
AYES: Segovia, Hicks, Melnick, Herrick, Putz
NOES: None
ABSTAIN: None
ABSENT: None
Councilmember Herrick nominated Ron Krueper to serve on the GPAC Committee in the full-time resident category.
The nomination to appoint Ron Krueper to serve on the GPAC Committee, was approved by the following vote:
AYES: Hicks, Segovia, Melnick, Herrick, Putz
NOES: None
ABSTAIN: None
ABSENT: None
Following GPAC Committee full-time resident nominations, a motion was made by Councilmember Herrick and seconded by Councilmember Hicks, to appoint (in order) Brian Bist, Genevieve Park, and David Classen as alternate candidates to serve on the GPAC Committee in the event that there is an unforeseen vacancy within the next ninety (90) days, was approved by the following vote:
Said motion was approved by the following vote:
AYES: Melnick, Herrick, Segovia, Hicks, Putz
NOES: None
ABSTAIN: None
ABSENT: None
ADJOURNMENT
There being no further business to come before the City Council at this Special Meeting, Mayor Putz adjourned the meeting at 1:49 p.m.
________________________
Erica Stephenson, City Clerk
Special Meeting Minutes – March 10, 2026
-
A Special Joint Meeting of the City Council and Planning Commission for the City of Big Bear Lake was called to order by Mayor Putz at 1:31 p.m., Tuesday, March 10, 2026, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
Flag Salute: Flag Salute led by Chair LoGrande
Councilmembers Present: Mayor Randall Putz
Mayor Pro Tem Kendi Segovia (arrived at 1:52 p.m.)
Councilmember Rick Herrick
Councilmember Charles Hicks, Jr.
Councilmember Perri Melnick
Planning Commissioners Present: Chair Michael LoGrande
Vice Chair Michael Beveridge
Commissioner Lisa Bist
Commissioner Jim Eakin
Commissioner Ernesto Mendoza
Others Present: City Manager Erik Sund
Assistant City Manager/City Clerk Erica Stephenson
Deputy City Attorney Isra Shah
OPEN SESSION
1. DISCUSSION / ACTION ITEM
1.1 OVERVIEW OF THE GENERAL PLAN UPDATE PROCESS
A presentation was given by City staff and Mintier Harnish representatives providing information about the upcoming process related to the General Plan and Development Code updates, and the community outreach and engagement strategies that will be utilized throughout the three-year process.
Following the City Council and Planning Commission’s initial questions and comments, Mayor Putz invited up speakers who wanted to speak on this item, and the following individual provided a public comment:
Daniel Gulbranson, Big Bear Lake resident, stated he doesn’t agree with the City updating the General Plan; provided his thoughts on the noticing of public meetings; and expressed his frustration with various State programs and mandates.
Following public comment, the City Council and Planning Commission engaged in continued discussion regarding the General Plan update. No formal action was taken on this item.
Item
1.3
Special Meeting Minutes
March 10, 2026
ADJOURNMENT
There being no further business to come before the City Council and Planning Commission at this Special Meeting, Mayor Putz adjourned the meeting at 2:59 p.m.
________________________
Erica Stephenson, City Clerk
Regular Meeting Minutes – March 11, 2026
A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Putz at 4:10 p.m., Wednesday, March 11, 2026, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Led by Councilmember Hicks
Councilmembers Present: Mayor Randall Putz
Mayor Pro Tem Kendi Segovia
Councilmember Rick Herrick
Councilmember Charles Hicks, Jr.
Councilmember Perri Melnick
Others Present: City Manager Erik Sund
Assistant City Manager/City Clerk Erica Stephenson
Administrative Services Manager Rachel Bowman
City Attorney HongDao Nguyen
CLOSED SESSION PUBLIC COMMUNICATIONS
Daniel Gulbranson, Big Bear Lake resident, expressed his dissatisfaction with the City’s leadership.
At the hour of 4:13 p.m., Mayor Putz called for a recess to Closed Session.
At the hour of 5:09 p.m., Mayor Putz resumed Open Session.
RESULTS OF CLOSED SESSION
City Attorney HongDao Nguyen, announced that the City Council discussed the following item in Closed Session and stated that no reportable action was taken by the City Council.
1. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Government Code Section 54957.6 Name of Negotiators: City Manager Erik Sund and Assistant City Manager Erica Stephenson Name of Organization: Teamsters Local 1932
PRESENTATIONS
• The following New Employee Introductions were made at this meeting:
o Jake Sheffield, Information Technology Manager - Management Services Department o Michelle Bogner, Accountant II – Finance/Treasury Department • Presentation of a 10-year Employee Service Award to Cynthia Valenzuela, Street Maint. Worker II, in the Public Works Department.
• Presentation of a 5-year Employee Service Award to Tim Richards, Street Maint. Worker I, in the Public Works Department.
Item 1.4
Meeting Minutes
March 11, 2026
• Presentation of a 5-year Employee Service Award to Casidey Samples, Management Analyst, in the Management Services Department.
• Presentation of the City’s 2025 Annual Comprehensive Financial Report (ACFR) by Director of Finance Dena Heald.
OPEN SESSION PUBLIC COMMUNICATIONS
Daniel Gulbranson, Big Bear Lake resident, expressed his frustration with the City’s management and operations; stated he supports the City establishing a Caltrans Ad Hoc Committee.
Linda Lapidus, Big Bear Lake resident, provided background information related to her rental property and expressed her concerns regarding how the eviction process was being handled for this property.
Norman Lapidus, Big Bear Lake resident, provided additional thoughts and information related to the eviction process for his rental property.
1. CONSENT CALENDAR
A motion was made by Councilmember Hicks, seconded by Councilmember Melnick to pull Item 1.5 from the Consent Calendar for further discussion.
Said motion was approved by the following vote:
AYES: Segovia, Hicks, Melnick, Herrick, Putz
NOES: None
ABSTAIN: None
ABSENT: None
A motion was made by Councilmember Herrick, seconded by Councilmember Melnick to approve the balance of the Consent Calendar as follows:
1.1 APPROVE DEMANDS – CHECK ISSUE DATE 1/23/26 THROUGH 2/28/26 IN THE AMOUNT OF $1,452,125.39 AND THE JANUARY 2026 TREASURER’S REPORT Approved.
1.2 APPROVE MEETING MINUTES FROM THE FEBRUARY 11, 2026 SPECIAL
MEETING OF CITY COUNCIL
Approved.
1.3 APPROVE MEETING MINUTES FROM THE FEBRUARY 11, 2026 REGULAR
MEETING OF CITY COUNCIL
Approved.
1.4 APPROVE AMENDMENTS TO THE CITY COUNCIL POLICY, PROCEDURES, AND
RULES OF ORDER MANUAL
Approved and adopted the following resolution entitled:
Meeting Minutes
March 11, 2026
RESOLUTION NO. 2026-04
RESOLUTION AMENDING THE CITY COUNCIL POLICY,
PROCEDURES, AND RULES OF ORDER MANAUAL
1.5 APPROVE ESTABLISHING A CALTRANS AD HOC SUBCOMMITTEE This item was pulled from the Consent Calendar.
1.6 AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT – BEAVER BADGER
PARKING LOT PROJECT
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2026-06
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH SWA DESIGN GROUP FOR DESIGN SERVICES
RELATED TO THE BEAVER BADGER PARKING LOT PROJECT
The Consent Calendar, excluding Item 1.5, was approved by the following vote, with Councilmember Melnick voting no on Item 1.4 and Councilmember Hicks voting no on Item 1.6:
AYES: Herrick, Melnick, Segovia, Hicks, Putz
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
1.5 APPROVE ESTABLISHING A CALTRANS AD HOC SUBCOMMITTEE This item was pulled from the Consent Calendar by Councilmember Hicks, seconded by Councilmember Melnick, for further discussion.
Councilmember Hicks requested to be appointed to serve on the Caltrans Ad Hoc Subcommittee along with the City’s San Bernardino County Transportation Authority (SBCTA) Delegate Councilmember Herrick.
Following City Council’s comments, a motion was made by Councilmember Hicks and seconded by Councilmember Herrick, to adopt a resolution approving the establishment of a Caltrans Ad Hoc Subcommittee and appoint Councilmember Herrick and Councilmember Hicks to serve on this committee in 2026.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2026-05
RESOLUTION CREATING AND APPOINTING A
CALTRANS AD HOC SUBCOMMITTEE
Meeting Minutes
March 11, 2026
Said motion was approved by the following vote:
AYES: Melnick, Herrick, Segovia, Hicks, Putz
NOES: None
ABSTAIN: None
ABSENT: None
2. DISCUSSION/ACTION ITEMS
2.1 APPROVE AN AMENDMENT TO THE CITY’S LEGAL SERVICES AGREEMENT City Manager Erik Sund made a brief staff presentation for this item.
Following the presentation, Mayor Putz invited up speakers who wanted to make a public comment on this item. The following individual approached the City Council:
Daniel Gulbranson, Big Bear Lake resident, congratulated the new City Attorney; inquired about municipal regulations.
After Public Comment, a motion was made by Councilmember Melnick, seconded by Mayor Pro Tem Segovia, to approve Amendment No. 1 to the Amended and Restated Agreement with Best Best & Kreiger (BBK) to provide City Attorney Legal Services, thereby appointing BBK Partner HongDao Nguyen as the City Attorney.
Said motion was approved by the following vote:
AYES: Segovia, Melnick, Hicks, Herrick, Putz
NOES: None
ABSTAIN: None
EXCUSED: None
2.2 LETTER OF SUPPORT FOR CALIFORNIA STATE ASSEMBLY BILL (AB) 1708 (SOLACHE)
Economic Development Analyst Jessika Leverich made a staff presentation for this item.
Following the presentation and City Council questions, Mayor Putz invited up speakers who wanted to make a public comment on this item. The following individuals approached the City Council:
Theodore Trentman, Big Bear resident, requested the City Council approve this Letter of Support.
Daniel Gulbranson, Big Bear Lake resident, indicated that he opposes this item.
Kyle Biethan, Big Bear Lake resident, stated that he thinks the previous two speakers provided good input related to this item.
After Public Comment and City Council discussion, a motion was made by Councilmember Melnick, seconded by Mayor Pro Tem Segovia, to approve a Letter of Support for AB 1708 (Solache) Homeless Housing, Assistance, and Prevention Program (HHAP) Pathways for Cities Act.
Meeting Minutes
March 11, 2026
Said motion was approved by the following vote:
AYES: Segovia, Herrick, Melnick, Putz
NOES: Hicks
ABSTAIN: None
EXCUSED: None
2.3 AUTHORIZE SUBMISSION OF THE 2025 GENERAL PLAN AND HOUSING
ELEMENT ANNUAL PROGRESS REPORTS
Community Development Manager Andrew Mellon made a staff presentation for this item.
Following the presentation, Mayor Putz invited up speakers who wanted to make a public comment on this item. The following individual approached the City Council:
Daniel Gulbranson, Big Bear Lake resident, expressed his frustration regarding the state’s mandates on local government.
After Public Comment, a motion was made by Councilmember Herrick, seconded by Mayor Pro Tem Segovia, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2026-07
RESOLUTION AUTHORIZING THE SUBMISSION OF THE 2025
GENERAL PLAN AND HOUSING ELEMENT PROGRESS REPORTS
Said motion was approved by the following vote:
AYES: Melnick, Herrick, Hicks, Segovia, Putz
NOES: None
ABSTAIN: None
EXCUSED: None
3. COMMENTS, ANNOUNCEMENTS, & ADDITIONAL CITY BUSINESS
• CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Assistant City Manager / City Clerk Stephenson congratulated HongDao Nguyen on her appointment as the City’s new City Attorney.
City Attorney Nguyen thanked the City Council for approving her appointment to the City Attorney position.
City Manager Sund, also congratulated City Attorney Nguyen on her new role with the City; and announced that the General Plan amendment process officially “kicked off” during the March 10 Special Meeting.
• COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Meeting Minutes
March 11, 2026
Mayor Pro Tem Segovia took the opportunity to welcome City Attorney Nguyen; announced that she participated in the recent West End Redevelopment Advisory Committee meeting; and provided an update on the GPAC meetings.
Councilmember Melnick provided an update on the West End Redevelopment Advisory Committee re-launch meeting.
Councilmember Herrick reported on a SBCTA meeting; he also shared that he attended a BBARWA budget workshop; and provided information on a Nay Foundation meeting.
Mayor Putz shared that he attended a SBCTA and LAFCO Selection Committee meeting last week; he announced that he attended a League of California Cities Board meeting; he further shared that he participated in the annual North Shore Elementary School Read-A-Thon; and he also provided an update on the GPAC meetings.
ADJOURNMENT
There being no further business to come before the City Council at this Regular Meeting, Mayor Putz adjourned the meeting at 6:35 p.m., in memory of Hans Bandows, Sandy Steers and Dave Griffiths. _______________________
Erica Stephenson, City Clerk
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager,
Miguel Cabanas, Engineering Manager,
Israel Gomez Rosales, Associate Engineer
SUBJECT: Authorize Bid Solicitations for Upcoming Capital Improvement Projects and Authorize Requests for Proposals for Engineering Studies
BACKGROUND & DISCUSSION
The Public Works Department is preparing a number of Capital Improvement Projects (CIPs) for execution during the 2026 summer construction season. Additionally, the Engineering Division is preparing to issue Requests for Proposal (RFP) for engineering services related to plans and studies to commence in 2026.
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 (CIPs) and service contracts. This report includes a summary overview of each project or service to solicit bids and RFPs. Pursuant to the California Environmental Quality Act (CEQA), the City Council is required to approve a finding related to each project, as applicable.
Upon approval of this item, staff will undertake the bid solicitation for the CIP projects and RFPs for services in accordance with the City’s purchasing policy and all other applicable regulations.
As staff receives bids and proposals for each respective project and/or service, the contracts will be presented for City Council consideration.
The projects and efforts to be authorized for bidding or RFP 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 90 miles of roadway. For the upcoming Fiscal Year, staff has identified approximately 1.5 miles of City streets that will undergo pavement reconstruction. The selection of the streets for the 2026-2027 Street Rehabilitation Project is based on the Pavement Condition Index (PCI) that resulted from a City wide survey that focused on assessing the condition of all City Streets.
Item 1.5
The rehabilitation of the selected street segments will consist of full depth pulverization of the existing pavement section (including asphalt and base material), re-compaction of the miscellaneous base, and construction of a new 4” asphalt section. The street sections proposed for this year’s project include:
Street From To
Meadow View Drive Marina Point Marina Point
Catbird Lane Willow Landing North Bay Drive
Bayview Lane Catbird Lane End
Lakewood Lane Big Bear Boulevard End
Berkley Lane Pennsylvania Avenue Marin Drive
Narrow Lane Vista Lane Temple Lane
Snowcrest Drive Olympic Drive Scandia Road
Siskiyou Lane Siskiyou Drive Shasta Road
Shasta Road Primrose Drive Buffalo Court
Adopted Budget: $1,971,800
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.
Sewer Cleaning and Video Inspection Project
The City’s sanitation system includes approximately 130 miles of sewer mains. A key element of the sanitation maintenance efforts is the routine cleaning and video inspection of the sanitary sewer system. In addition to completing routine maintenance, the video footage will assist in the development of future maintenance activities and CIP projects.
Furthermore, the video footage will support the assessment of the City’s sewer system that will be completed during the update of the City’s Sewer Master Plan. This project is anticipated to clean and inspect approximately 150,000 linear feet of sewer main throughout the system.
Adopted Budget: $500,000
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.
Sanitary Sewer Cured In Place Pipe Project
The Sanitary Sewer Cured in Place Pipe (CIPP) Project will install CIPP lining in approximately 8,000 linear feet of sewer main. The liner will serve to correct existing concerns or deficiencies within the existing sewer mains such as root intrusion, pipe collapse, or erosion without the need to excavate the street. This CIPP lining process is effective and far more cost efficient than replacing sanitary sewer main. The efforts will be focused on the area between Edgemoor Rd. and Lakeview Dr., north of Big Bear Blvd.
Adopted Budget: $300,000
CEQA Consideration: This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301.b Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services.
Village Sidewalk Improvements Project
This project will construct new and replace the existing sidewalks, as necessary, in the Village area. The primary area of focus will be Pine Knot Avenue and Cottage Lane. The scope of work consists of replacing non-compliant portions of sidewalk along an approximate 715 LF segment of sidewalk on the west side of Pine Knot Ave and building a new sidewalk on the east side of Cottage Lane. The improvements include correction, barrier removal, and new ADA ramps with truncated domes. This project is partially funded through proceeds from the Community Development Block Grant (CDBG).
Adopted Budget: $120,000
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.
Sewer Master Plan Update
A Sewer Master Plan serves to assess and create a plan for a sanitary sewer system in terms of capacity to meet demand and development implications, assess the overall condition of the system, and identify necessary projects and improvements that the system requires. A sewer master plan will also serve as the basis for which a sewer rate study will be based upon.
The City’s current Sewer Master plan was prepared in 2003, which given its age, it is due for a substantial update. The State Water Resources Control Board Order WQ 2022-0103- DWQ, requires all agencies that own and operate sewer systems greater than 1 mile in length need to prepare a Sewer System Management Plan that includes procedures for the management, operation and maintenance of the Sanitary Sewer system. The scope of work of the Sewer Master Plan update will include the preparation of a Sewer System Management Plan.
Adopted Budget: $450,000
CEQA Consideration: The preparation of a Sewer Master Plan is administrative in nature and will not cause a direct change to the physical environment, therefore, this action is not subject to the California Environmental Quality Act (CEQA).
Drainage Master Plan Update
The purpose of the Drainage Master Plan is to evaluate drainage issues within the limits of the City of Big Bear Lake and to develop a comprehensive plan to address these issues.
The Drainage Master Plan serves as a guide for determining the location and sizing of storm drain infrastructure to be constructed by the City and developers. In addition, it provides a framework for guiding sound land development in areas with challenging topography and near floodplains.
A Drainage Master Plan (DMP) considers standard design storm events, topography, land use, and the physical characteristics of the storm drain system to identify system deficiencies. Upon completion, budget-level cost estimates and project priorities for addressing these deficiencies are established. The current Drainage Master Plan was prepared in 1999. Similar to the City’s Sewer Master Plan, the Drainage Master Plan should be updated to ensure that current drainage issues are identified and that appropriate storm drain capital improvement projects are programmed.
Adopted Budget: $200,000
CEQA Consideration: The preparation of a Drainage Master Plan is administrative in nature and will not cause a direct change to the physical environment, therefore, this action is not subject to the California Environmental Quality Act (CEQA).
Staff will proceed with bid solicitations for the proposed projects and will return to City Council for consideration of the projects at the appropriate time. The actions being considered within this report only authorize staff to conduct bid and Request for Proposals (RFP) solicitations, it does not propose any budget amendments and does not guarantee that any contracts will be awarded.
FISCAL IMPACT
The actions contemplated within this report have a minor fiscal impact limited to the costs associated with preparing and soliciting construction bids or RFPs. The contemplated projects and services are funded within the adopted Capital Improvement Program Budget. A complete fiscal analysis of each project will be reviewed at the time that contracts are presented to the City Council for consideration.
ENVIRONMENTAL CONSIDERATION
The Annual Street Rehabilitation 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. The Sewer Cleaning and Video Inspection Project and the Sanitary Sewer Cured in Place Pipe Project are 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. The Village Sidewalk Improvements 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.
As outlined within the body of the report, the Sewer Master Plan Update and Drainage Master Plan Update are not subject to review pursuant to the California Environmental Quality Act (CEQA).
CONSIDERATION OF STRATEGIC PRIORITIES
These projects align with the City Council’s Strategic Priority No. 1: “Support and invest in sustainable infrastructure projects and programs consistent with the needs of our community.”
RECOMMENDED ACTION
It is recommended that the City Council authorize staff to proceed with the identified bid solicitations or Request for Proposals (RFP) for the Annual Street Rehabilitation Project, Sewer Cleaning and Video Inspection Project, Sanitary Sewer Cured In Place Pipe Project, Village Sidewalk Improvements Project, Sewer Master Plan Update, and the Drainage Master Plan Update; and find the Annual Steet Rehabilitation, Sewer Cleaning and Video Inspection, Sanitary Sewer Cured in Place Pipe and Village Sidewalk Improvements 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 Sewer Cleaning and Video Inspection Project
3. CEQA Notice of Exemption for Cure In Place Pipe Project
4. CEQA Notice of Exemption for Village Sidewalk.
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 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 8, 2026
Signature:
______________________________
Sean Sullivan, Assistant City Manager
Item 1.5
Attachment 1
CEQA 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
Project Title:
Sewer Cleaning and Video Inspection Services
Project Location - Specific:
Various locally owned and maintained sanitary sewer lines within the City of Big Bear Lake Description of Project:
This project involves cleaning and video inspection of segments of the City’s sanitary sewer system.
Name of Public Agency Approving Project:
City of Big Bear Lake, City Council
Exempt Status: (check one) (State type and section number) XX Categorical Exemption. Section: 15301.b
Reasons why project is exempt:
These repairs are categorically exempt from the California Environmental Quality Act (CEQA) under section 15301.b, Existing Facilities, as maintenance and repair of existing public owned utility systems.
Lead Agency or Contact Person: Area Code/Telephone/Extension Sean Sullivan (909) 866-5831 ext. 113
Director of Public Services
Date: April 8, 2026
Signature:
_____________________________
Sean Sullivan, Assistant City Manager
Item 1.5
Attachment 2
CEQA 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
Project Title:
Sanitary Sewer Cured-In-Place Pipe (CIPP) Project
Project Location - Specific:
Various locally owned and maintained sanitary sewer lines within the City of Big Bear Lake Description of Project:
This project involves the installation of cured in place pipe liner within sections of the sanitary sewer system.
Name of Public Agency Approving Project:
City of Big Bear Lake, City Council
Exempt Status: (check one) (State type and section number) XX Categorical Exemption. Section: 15301.b
Reasons why project is exempt:
These repairs are categorically exempt from the California Environmental Quality Act (CEQA) under section 15301.b, Existing Facilities, as maintenance and repair of existing public owned utility systems.
Lead Agency or Contact Person: Area Code/Telephone/Extension Sean Sullivan (909) 866-5831 ext. 113
Director of Public Services
Date: April 8, 2026
Signature:
_____________________________
Sean Sullivan, Assistant City Manager
Item 1.5
Attachment 3
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:
Village Sidewalk Improvements
Project Location - Specific:
Locally owned and maintained public streets within the City of Big Bear Lake Description of Project:
This project will focus on Pine Knot Avenue and Cottage Lane. The scope of work consists of replacing noncompliant portions of sidewalk along an approximate 715 LF segment of sidewalk on the west side of Pine Knot Ave and building a new sidewalk on the east side of Cottage Lane.
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 8, 2026
Signature:
______________________________
Sean Sullivan, Assistant City Manager
Item 1.5
Attachment 4
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Israel Gomez, Associate Engineer
SUBJECT: Authorize an Agreement with CMAX Commercial Maintenance 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 streets to 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).
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, annual 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 Proposal (RFP) outlining the desired scope of work and project requirements.
The RFP includes a base bid representing the first year’s cost of service, along with alternate bid items for the continuation of street sweeping services for the subsequent two (2) years, contingent upon satisfactory performance in 2026. By including the subsequent years as alternate items, the City maintains the sole discretion as to award for 2026 alone or any combination of the subsequent years. On March 18, 2026, the City received four (4) proposals with the following results:
Bidder Location Year 1 Price Total 3-Year
Price
CMAX Commercial Maintenance Ontario, CA $14,375.00 $44,875.00 Spadaro Enterprises, Inc. Lancaster, CA $38,888.00 $132,442.00 Sweeping Corp of America Seven Hills, OH $54,173.00 $170,780.38 Maverick Sweeping, LLC. Norco, CA $80,000.00 $270,000.00 Item 1.6
Staff has reviewed the background of CMAX Commercial Maintenance (CMAX) which includes extensive municipal experience within San Bernardino County. Their primary references include the City of Ontario, the City of Loma Linda, and the City of Colton. 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 recommends CMAX Commercial Maintenance for the Citywide Street Sweeping project.
Given the favorable pricing that was received, staff is recommending that the City Council award an agreement with CMAX Commercial Maintenance for 2026, as well as 2027 and 2028 as they were included within the solicitation as Alternate Bid Items 1 & 2. The scope of work for this project remains the same year to year and this effort has provided the City with the opportunity to lock in favorable pricing for the next three years. The contract will include the standard provisions for termination of the agreement; thereby, the contractor will need to perform to the satisfaction of City staff to maintain the service contract for the subsequent years.
Upon the award of contract, staff will coordinate the execution of the contract documents. Given the current weather conditions and forecast, staff will work with the contractor to commence the work as soon as possible.
FISCAL IMPACT
Sufficient funding is included within the adopted Fiscal Year 2025-26 Annual Budget (Account No. 110-4320-2310) for the costs associated with the work to take place in 2026. Sufficient funding will be included in future proposed budgets to meet the costs associated with the proposed services for 2027 and 2028 respectively.
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 project aligns with the City Council’s Strategic Priority No. 1 to “support and invest in sustainable infrastructure projects and programs consistent with the needs of our community.”
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing an Agreement with CMAX Commercial Maintenance for Citywide Street Sweeping Services through June 30, 2028, in the Amount of $44,875.
ATTACHMENT
1. Resolution No. 2026-XX
RESOLUTION NO. 2026-XX
RESOLUTION AUTHORIZING AN AGREEMENT WITH CMAX
COMMERICAL MAINTENANCE FOR CITYWIDE STREET SWEEPING SERVICES THROUGH JUNE 30, 2028, IN THE AMOUNT OF $44,875
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, on February 11, 2026, the City Council authorized staff to proceed with the solicitation of proposals for Annual Street Sweeping Services; and, WHEREAS, staff developed and circulated a Request for Proposals that outlined the scope of services and requirements for this effort, and sought pricing for these services for 2026 as well as optional, alternate bid items for 2027 and 2028, as well; and, WHEREAS, on March 18, 2026, the City received four (4) proposals; and, WHEREAS, the lowest cost proposal was that of CMAX Commercial Maintenance (Ontario, CA) with a proposed year one, 2026, price of $14,375 and a total price for all three years of $44,875; and,
WHEREAS, CMAX Commercial Maintenance is experienced with several agencies within San Bernardino County, and has held previous contracts with the County for these services, and staff contacted and received satisfactory feedback related to the performance of CMAX Commercial Maintenance on these contracts; and,
WHEREAS, based upon the proposal received and their investigation of the contractor’s background and experience, staff is recommending CMAX Commercial Maintenance as the selected vendor for these services; and,
WHEREAS, based upon the favorable pricing received, staff is recommending that the award of contract to CMAX Commercial Maintenance include the services for 2026 as well as the alternate bid items for 2027 and 2028, respectively; and,
WHEREAS, sufficient funding is available within the adopted Fiscal Year 2025-26 Annual Budget for the 2026 services and appropriate considerations will be made in future budget recommendations for the costs associated with the services in 2027 and 2028; and, WHEREAS, street sweeping services do not constitute a project pursuant to CEQA, therefore no environmental review is required to award these services.
Item 1.6
Attachment 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1. An agreement is authorized with CMAX Commercial Maintenance for Citywide Street Sweeping Services in the amount of $44,875 through June 30, 2028.
2. The City Manager is authorized to execute all necessary documents in a form approved by the City Attorney.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Nicholas Haeker, Deputy Public Works Director
SUBJECT: Authorize a Contract with San Bernadino County for the Purchase of Motor Vehicle Fuel
BACKGROUND & DISCUSSION
On January 11, 2021, the City Council authorized the City to enter into an agreement with San Bernadino County (County) for motor vehicle fuel purchasing for City vehicles. Under this agreement, City staff are able to purchase motor vehicle fuel, direct from San Bernardino County, at the fueling stations located at the Sheriff’s Station, as well as the County Public Works Yard on the North Shore. The agreement, as approved in January 2021, was for an initial three (3) year term with automatic one-year extensions. The County has approached staff about executing a new agreement for these services.
Pursuant to the County’s fueling program, participating agencies are billed at the County’s product cost plus a per-gallon markup. This pricing model allows the City to purchase fuel at rates typically below local retail prices, resulting in measurable cost savings over the course of each fiscal year.
Additionally, the County operates more than 20 fueling sites throughout San Bernadino County, with the Big Bear Road Yard and the Big Bear Sherriff’s Station being the most accessible for City vehicles. City staff have found the fueling services provided to be reliable, especially during times of emergency, including winter weather events and wildfires, as well as during periods of peek visitation. While this is the primary fuel source for the City’s fleet, the City does maintain the ability to purchase fuel from other in-town vendors should there be any issues or disruptions to the County’s fuel system.
The proposed contract term would be from April 8, 2026 through April 7, 2029 with an automatic renewal of one additional year, through April 2030, unless either party terminates the agreement.
Typically, the City spends an average of $144,000 per year on fuel for its vehicle fleet. Based on past usage patterns, anticipated operational needs, and projected fuel price fluctuations, staff recommends establishing a new contract value of approximately $450,000 for the proposed threeyear contract term.
FISCAL IMPACT
The total expenditure under this agreement is estimated to be $450,000 through the April 2029 term of the agreement. Funding for the purchase of motor vehicle fuel is included in the Annual Item 1.7
Operating Budget for each year. The budget for fuel purchases is included across all departments that utilize fuel.
ENVIRONMENTAL CONSIDERATIONS
This action is not a project pursuant to the California Environmental Quality Act (CEQA) and, therefore, no environmental review is required.
CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with Strategic Priorities No. 1 and No. 3 to “Support and invest in sustainable infrastructure projects and programs consistent with the needs of our community” and, “Ensure fiscal responsibility”.
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing a Contract with San Bernadino County for the Purchase of Motor Vehicle Fuel.
ATTACHMENTS
1. Resolution No. 2026-XX
2. San Bernadino County Fueling Contract
RESOLUTION NO. 2026-XX
RESOLUTION AUTHORIZING A CONTRACT WITH SAN BERNADINO
COUNTY FOR THE PURCHASE OF MOTOR VEHICLE FUEL
WHEREAS, the City entered into an agreement in 2021 with San Bernadino County to purchase fuel from County fueling sites and that agreement is now expired; and, WHEREAS, the contract allows for staff to purchase motor vehicle fuel from the County operated fueling sites, including the Big Bear Sheriff’s Station and the County Public Works Yard; and, WHEREAS, this agreement provides for the pricing to be the County’s cost of the fuel with a markup, allowing the City to purchase fuel at rates below typical local, retail prices; and, WHEREAS, staff has found the usage of the County fueling stations to be reliable and convenient; and,
WHEREAS, the City desires to execute a new contract with San Bernardino County for the purchase of motor vehicle fuel; and,
WHEREAS, the adopted budget for Fiscal Year 2025-56 includes an appropriation for on-going motor vehicle fuel purchase at County fueling sites.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1. A contract with San Bernardino County for the purchase of motor vehicle fuel is hereby approved for the term April 8, 2026 through April 7, 2029, with the option of an automatic renewal of one additional year.
2. The City Manager is authorized to execute all necessary documents in a form approved by the City Attorney.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
Item 1.7
Attachment 1
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
Standard Contract Page 1 of 9
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Fleet Management
Department Contract Representative Mark McCullough
Telephone Number (909) 387-7870
Contractor City of Big Bear Lake
Contractor Representative Erik Sund, City Manager
Telephone Number 909-866-5831
Contract Term 3 years (plus auto renewal 1-year
terms per Section IV
Original Contract Amount NA
Amendment Amount NA
Total Contract Amount NA
Cost Center NA
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, Customer requests fueling services; AND
WHEREAS, the County is qualified to provide these services; AND WHEREAS, Customer desires that such services be provided by the County and the County agrees to perform these services as set forth below;
NOW, THEREFORE, the parties hereto enter into this Contract as a full statement of their respective responsibilities during the term of this Contract, and in consideration of the representations made above and the covenants and conditions set forth herein, the parties agree as follows:
Contract Number
SAP Number
Item 1.7
Attachment 2
Revised 7/15/19 Page 2 of 9
I. COUNTY RESPONSIBILITIES
a. The County shall provide fueling services as requested by Customer. b. Customer shall have access to all County fueling sites open to County vehicles. A list of fueling sites will be provided. The County will assign each of the Customer’s driver a “PIN” to be used when obtaining fuel from the County.
c. The County shall provide an updated list of costs (rates) of services as soon as practical after Board of Supervisor’s approval. New annual rates become effective on July 1 of each year. The current fee schedule is provided in Exhibit A.
II. CUSTOMER RESPONSIBILITIES
a. Customer shall provide a list of assigned vehicles annually, or as changes occur, so that service schedules and vehicle records can be created.
b. Customer shall provide a list of authorized drivers to purchase fuel annually, or as changes occur, so that PINs may be assigned.
III. GENERAL CONTRACT REQUIREMENTS
a. Legality and Severability
The parties actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable.
If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect. b. Primary Point of Contact
Customer will designate an individual to serve as the primary point of contact for the Contract. The Customer must respond to County inquiries within two (2) business days. The Customer shall not change the primary contact without written acknowledgement to the County. The Customer will also designate a back-up point of contact in the event the primary contact is not available. c. Agreement Authorization
Customer warrants and represents that the individual signing this agreement is a properly authorized representative of the Customer and has the full power and authority to enter into this contract on the Customer’s behalf.
d. Assignment
This agreement, or any interest therein, including any claims for monies due with respect thereto, shall not be assigned, and any such assignment shall be void and without effect. e. Agreement Modification
Both parties agree that any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of the Customer and the County.
Revised 7/15/19 Page 3 of 9
f. Mutual Covenants
The parties to this Contract mutually agree to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
g. Contract Exclusivity
This is not an exclusive Contract. Customer reserves the right to enter into a contract with other contractors for the same or similar services. The Customer does not guarantee or represent that the County will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract. h. Notification Regarding Performance
In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the level of performance under the Contract, the County shall notify the Customer within one (1) working day, by telephone.
i. Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, County of San Bernardino, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third-party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District. j. Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California. k. Informal Dispute Resolution
In the event the Customer determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. l. Records
The County shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work, and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format.
Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars that state the administrative requirements, cost principles and other standards for accountancy.
IV. TERM OF CONTRACT
This Contract shall be effective for a three (3) year term, commencing on the execution of the Contract by both parties and shall automatically renew for successive one-year terms thereafter. However, this contract may be terminated at any time, with or without cause, by either party after giving the other party thirty (30) days advance written notice of its intention to terminate.
Revised 7/15/19 Page 4 of 9
Written notice issued pursuant to this section by the Director of Fleet Management on behalf of the County shall be sent registered mail to the Customer contact. Written notice issued pursuant to this section by the Customer shall be sent registered mail to the Director of Fleet Management.
Such termination may include all or part of the services described herein. Upon such termination, payment will be made to the County for services rendered and expenses reasonably incurred prior to the effective date of termination.
Upon receipt of termination notice, the County shall promptly discontinue services unless the notice directs otherwise. The County shall deliver promptly to Customer and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.
V. FISCAL PROVISIONS
a. The total dollar amount of this contract will be determined by the total number and nature of the services provided to the Customer by the County. There is no guaranteed maximum or minimum number of requests to be made under this contract.
b. Customer will be invoiced monthly for fueling services based on the most current rates established by the County, updated July 1st of each year, as in Exhibit A. The County will provide a monthly invoice showing a breakdown of charges per vehicle and detailed work orders upon request. c. Customer shall remit full payment to the County within sixty (60) days of receipt of invoice from the County.
d. Checks shall be made payable to:
County of San Bernardino
Fleet Management Department
210 N. Lena Road
San Bernardino, CA 92415-0842
e. Late payment of any invoiced amount by a Customer will cause the County to incur additional accounting costs such as follow-up and processing of delinquent notices. The late charge assessed shall be fixed at three-quarters of one percent (0.75%) of the past amount(s) due plus $100.00 for late payments made within thirty (30) days of the payment due date. An additional charge of $100.00 and three-quarters of one percent (0.75) of the past due amount(s) shall be added for each additional thirty (30) day period that the balance remains unpaid.
f. An invoice remaining unpaid ninety (90) days or more after the invoice date may be referred for debt collection and the County may immediately terminate delivery of all services. All ”collection costs” incurred by the County shall be recouped from the Customer. Collection costs charged to the Customer are not a reimbursable expenditure under the contract.
VI. INDEMINIFICATION AND INSURANCE REQUIREMENTS
Customer agrees to and shall comply with the following indemnification and insurance requirements:
a. Indemnification – The Customer agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The Contractor’s indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
Revised 7/15/19 Page 5 of 9
b. Additional Insured – All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain endorsements naming the County and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.1185. c. Waiver of Subrogation Rights – The Customer shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the Customer and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. The Customer hereby waives all rights of subrogation against the County.
d. Primary and Non-Contributory – All policies required herein are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by the County. e. Severability of Interests – The Customer agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Customer and the County or between the County and any other insured or additional insured under the policy.
f. Proof of Coverage – The Customer shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage, including endorsements, as required, prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Customer shall maintain such insurance from the time the Customer commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, the Customer shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
g. Acceptability of Insurance Carrier – Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A-VII”.
h. Deductibles and Self-Insured Retention – Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to Risk Management.
i. Failure to Procure Coverage – In the event that any policy of insurance required under this Contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Customer or County payments to the Customer will be reduced to pay for County purchased insurance.
j. Insurance Review – Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. Customer agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
k. The Customer agrees to provide insurance set forth in accordance with the requirements herein. If the Customer uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Customer agrees to amend, supplement or endorse the existing coverage to do so. The type(s) of insurance required is determined by the scope of the contract services.
Without in anyway affecting the indemnity herein provided and in addition, thereto, the Customer shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
Revised 7/15/19 Page 6 of 9
1. Workers’ Compensation/Employers Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Customer and all risks to such persons under this Contract.
If Customer has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
2. Commercial/General Liability Insurance – The Customer shall carry General Liability Insurance covering all operations performed by or on behalf of the Customer providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
1. Premises operations and mobile equipment.
2. Products and completed operations.
3. Broad form property damage (including completed operations).
4. Explosion, collapse and underground hazards.
5. Personal injury.
6. Contractual liability.
7. $2,000,000 general aggregate limit.
3. Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
If the Customer is transporting one (1) or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Customer owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
4. Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
5. Abuse/Molestation Insurance – The Customer shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.
6. Cyber (internet) and Electronic Data Processing (EDP) Insurance – Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of $2,000,000 covering claims involving privacy violations, information theft, damage to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network security. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.
Revised 7/15/19 Page 7 of 9
VII. RIGHT TO MONITOR AND AUDIT
a. The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of the County in the delivery of services provided under this Contract.
b. All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
VIII. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
Fleet Management Department
210 Lena Road
San Bernardino, CA 92415
City of Big Bear Lake
P.O. Box 10000
Big Bear Lake, CA. 92315
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
IX. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive contract between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this contract not expressly set forth herein are of no force or effect. This contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this contract and signs the same of its own free will.
X. CONCLUSION
a. This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. b. IN WITNESS WHEREOF, the County of San Bernardino and the Customer have each caused this contract to be subscribed by its respective duly authorized officers, on its behalf.
Revised 7/15/19 Page 8 of 9
COUNTY OF SAN BERNARDINO City of Big Bear Lake
Fleet Management Department
____________________________ __________________________ Name: Mark McCullough Name: Erik Sund
Title: Director of Fleet Management Title: City Manager Address: 210 N. Lena Road Address: P.O. Box 10000
San Bernardino, CA 92415-0842 Big Bear Lake, Ca. 92315
Date: _______________________ Date: _____________________ Revised 7/15/19 Page 9 of 9
EXHIBIT A
FEE SCHEDULES & ADMINISTRATION INFORMATION
Fee Schedule Effective 7/1/2025-6/30/2026
GASOLINE DIESEL
Cost + $0.48 Cost + $0.48
Fleet Management Emergency Phone Roster
Fuel General Line (909) 387-7855
.
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Israel Gomez, Associate Engineer
SUBJECT: Award a Construction Contract – 2026 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 2025-26 CIP budget, as well as the proposed Fiscal Year 2026-27 CIP budget, include sufficient funding to strip City streets twice annually.
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 2026 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 retouching of the lane lines to ensure their maximum visibility going into the winter season.
On February 11, 2026, City Council authorized staff to conduct a bid solicitation for this project in accordance with the City’s Purchasing Guidelines. On March 25, 2026, staff received, publicly opened, and read aloud four (4) bids that were received with the following results:
Bidder Location Base Bid Bid
Alternate
Total Bid +
Bid Alternate
Cat Tracking, Inc. Riverside, CA $163,735.80 $27,000 $190,735.80 Superior Pavement Cypress, CA $181,794.76 $12,600 $194,394.76 CalStripe, Inc. Colton, CA $287,234.66 $13,800 $301,034.66 Chrisp Company Bloomington, CA $333,153.06 $15,240 $348,393.06 Staff has reviewed the bids received for completeness, accuracy, and the contractor’s background 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. Additionally, Cat Tracking, Inc. has previously performed similar and satisfactory striping work for the City, including the 2025 Citywide Line Striping Project.
Item 1.8
The base bid for this project included the scope of work that was described within this report. In addition to the base bid, the bid documents include Alternate Bid Item No. 1, which is a one-time restriping of the share the road bicycle markings throughout the City. Given the total price provided by Cat Tracking, Inc. as the lowest bidder, staff is recommending the award of Alternate Bid Item No. 1 in addition to the base bid.
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. The Spring Striping Phase is expected to be completed by June 30, 2026. The Fall Striping Phase shall be completed between September 11, and October 13, 2026. The exact schedule for the Spring phase will be better determined as the winter weather cycles out. 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 award of the base bid for this project, in addition to Alternate Bid Item No. 1 totals $190,375.80. Additionally, staff is requesting a contingency fund of $19,000 (approximately 10%) to address any unforeseen conditions or additional work that may arise during the duration of this project. The total contract award, including the base bid, Alternate Bid Item No. 1, and contingency funds is $209,735.80. Funding for the award of this contract is included in the adopted Fiscal Year 2025-26 Annual Budget and Capital Improvement Program.
ENVIRONMENTAL CONSIDERATIONS
At the time of City Council’s authorization to solicit bids 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 streets and highways.
CONSIDERATION OF STRATEGIC PRIORITIES
This project aligns with the City Council’s Strategic Priority No. 1 as it “supports and invests in sustainable infrastructure projects and programs consistent with the needs of our community.”
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Awarding a Construction Contract to Cat Tracking, Inc. for the 2026 Citywide Line Striping Project, in an Amount Not to Exceed $209,735.80.
ATTACHMENT
1. Resolution No. 2026-XX
RESOLUTION NO. 2026-XX
RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO
CAT TRACKING, INC. FOR THE 2026 CITYWIDE LINE STRIPING
PROJECT, IN AN AMOUNT NOT TO EXCEED $209,735.80
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 including pavement rehabilitation, 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 pedestrians; and,
WHEREAS, recent practice has been 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 February 11, 2026, the City Council authorized staff to proceed with a bid solicitation for the 2026 Citywide Line Striping contract in accordance with the Public Contract Code and the City’s purchasing guidelines; and,
WHEREAS, on March 25, 2026, staff received, publicly opened and read aloud four (4) sealed bids with the lowest bid received being that of Cat Tracking, Inc. with a base bid price of $163,735.80; and,
WHEREAS, the bid documents also included Alternate Bid Item No. 1, which is a one-time striping of the share the road bicycle markings throughout the City, for which Cat Tracking, Inc. provided a price of $27,000; 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, based upon the pricing received, staff is recommending the award of the base bid in addition to Alternate Bid Item No. 1, for a total price of $190,375.80; and, WHEREAS, staff is requesting a contingency amount of $19,000.00 (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 2026 Citywide Line Striping Project is $209,735.80, inclusive of the base bid, Alternate Bid Item No. 1, and the stipulated contingency amount; and,
Item 1.8
Attachment 1
WHEREAS, funding is available within the adopted Fiscal Year 2025-26 Annual Budget and Capital Improvement Program to fund this contract in the total amount of $209,735.80.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1. A construction contract is awarded to Cat Tracking, Inc. for the 2026 Citywide Line Striping Project in an amount not to exceed $209,735.80, which includes a contingency amount of $19,000.00.
2. The City Manager is authorized to execute all contract documents in a form approved by the City Attorney.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Nicholas Haeker, Deputy Director of Public Works
Miguel Cabanas, PE, PLS, Engineering Manager
SUBJECT: Award a Contract for the Annual Planting of Village Flowers
BACKGROUND & DISCUSSION
The Big Bear Lake Village is a key asset to the City of Big Bear Lake as it serves as a visitor destination and key commercial hub within the City. Maintenance activities within the Village are supported by the Public Works Department and include maintenance of the landscape, hardscape, lighting, and all other amenities within the area. A cornerstone of the maintenance efforts include the annual planting of flowers in the spring. Each year, the Public Works Department coordinate the planting of more than 20,000 seasonal flowers to enhance the aesthetic of the Village from the spring through the fall.
This effort is labor intensive as the preparation of the ground, planting of the flowers, and the related finish work can take the Maintenance team six (6) to eight (8) weeks, thus making it the primary focus of the Parks / Facilities maintenance crew for the duration of the work. This year, staff investigated the cost and time effectiveness of utilizing contracted support for these services.
This effort allows the Parks / Facilities maintenance team to focus on the preparation of parks and facilities for the busy Summer season, perform landscape improvements, and other maintenance responsibilities throughout the City.
On February 11, 2026, City Council authorized staff to solicit a request for proposal (RFP) for this project in accordance with the City’s Purchasing Guidelines. Staff developed an RFP document and solicited proposals from qualified landscape maintenance firms to perform a scope of work that included ground preparation, the planting of plant approximately 21,500 seasonal flowers, and installing mulch to the planters. The City will furnish all plant material and mulch, therefore, the proposed scope of work from the contractors is for the furnishing of labor, tools and equipment to complete the work.
Throughout the solicitation, City staff received questions seeking clarification to the scope of work and the terms included within the RFP. As is typical of a solicitation of this nature, staff addressed the comments and clarifications with the issuance of addenda to the RFP. Addendum No. 1 was issued on February 12, 2026 and Addendum No. 2 was issued on February 26, 2026.
As a part of Addendum No. 2, staff addressed a question pertaining to the applicability of prevailing wages and stated that “Landscape Labor rates will apply”. On March 5, 2026, the City received two (2) proposals from Nativescapes, Inc. (Big Bear City, CA) and New Generation Item 1.9
Landscape Management, Inc. (San Bernardino, CA). The proposals received were substantially higher than staff had anticipated for the scope of work and diligently reviewed them as well as contacted the submitting proposers. From discussion with the proposers, staff learned that the pricing received was related to the statement made in Addendum No. 2 pertaining to the applicability of prevailing wage rates.
Staff discussed the matter with the City Attorney’s Office and received guidance as to the City’s role pertaining to determination of prevailing wages. Pursuant to California Labor Code part 7, Chapter 1, Article 2, Section 1773, the City is only responsible for obtaining the general prevailing rate of per diem wages from the Department of Industrial Relations. Furthermore, the proposing firms are responsible for determining the appropriate prevailing wage rates to use in generating their proposals based upon the scope of work. With this information, staff contacted the two proposing firms and provided the opportunity to provide revised proposals based upon their interpretation of the appropriate prevailing wage rate.
New Generation Landscape Management, Inc. provided a revised proposal with a lump sum price of $41,500. When contacted, Nativescapes, Inc. responded with a request to withdraw their proposal citing their workload. As the process unfolded, Nativescapes cited that with their current workload, they would be unable to complete the work effort within the City’s specified timeline.
Staff reviewed the proposal of New Generation Landscape Management, Inc. and found the proposal to be complete and consistent with the City’s specified scope of work. New Generation Landscape Management, Inc. demonstrated that they are an experienced landscape maintenance company with a demonstrated history of successfully completing large scale landscape maintenance, primarily for private housing developments. Staff contacted the references furnished within the proposal and received satisfactory feedback related to the work and effort of New Generation Landscape Maintenance, Inc. This project will be overseen by Public Works Department staff. Upon award of contract, work is anticipated to begin by the end of April and will be completed within 30 working days.
FISCAL IMPACT
Funding for this effort is included within the adopted Fiscal Year 2025-26 Annual Operating Budget, in the Village Maintenance Assessment District (Account No. 291-4361-2220).
ENVIRONMENTAL CONSIDERATION
At the time of authorizing the solicitation of proposals for this effort, the City Council found that this action is not considered a project pursuant to the California Environmental Quality Act (CEQA) and, therefore, no environmental review is required.
CONSIDERATION OF STRATEGIC PRIORITIES
This action aligns with the City Council’s Strategic Priority No. 1: “Support and invest in sustainable infrastructure projects and programs consistent with the needs of our community.”
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Awarding a Contract to New Generation Landscape Maintenance, Inc. for the Annual Planting of Village Flowers, in the Amount of $41,500.
ATTACHMENT
1. Resolution 2026-XX
RESOLUTION NO. 2026-XX
RESOLUTION AWARDING A CONTRACT TO NEW GENERATION
LANDSCAPE MANAGEMENT INC. FOR THE ANNUAL PLANTING
OF VILLAGE FLOWERS, IN THE AMOUNT OF $41,500
WHEREAS, the Big Bear Lake Village is a key asset to the City as it serves as a visitor destination and key commercial hub within the City; and,
WHEREAS, maintenance activities within the Village are supported by the Public Works Department and include maintenance of the landscape, hardscape, lighting and fixtures, and all other amenities within the public space of the Village, as well as litter collection and disposal of trash; and,
WHEREAS, the cornerstone of these maintenance activities is the annual planting, each spring, of more than 20,000 seasonal flowers to enhance the aesthetic of the Village from the spring through the fall; and,
WHEREAS, this annual planting is labor intensive, often requiring the focus of maintenance crews for six (6) to eight weeks (8), which pulls staff away from other duties and responsibilities for the duration of this effort; and,
WHEREAS, in an effort to manage the workload and priorities of the maintenance crews, staff investigated the utilization of contracted resources to support the work of the maintenance crews with the annual planting of flowers within the Village; and, WHEREAS, on February 11, 2026, City Council authorized the solicitation of proposals for the 2026 Annual Planting of the Village Planting Project and staff solicited proposals in accordance with the California Public Contract Code and the City of Big Bear Lake purchasing guidelines; and,
WHEREAS, throughout the solicitation, staff responded to questions for clarification and additional information related to the solicitation through the issuance of two (addenda) on February 12, 2026 and February 26, 2026; and,
WHEREAS, in Addendum No. 2, staff addressed a question pertaining to the applicability of prevailing wages and stated that “Landscape Labor rates will apply”; and, WHEREAS, on March 5, 2026, staff received two (2) proposals for this work from New Generation Landscape Management, Inc. (San Bernardino, CA) and Nativescapes, Inc. (Big Bear City, CA); and,
WHEREAS, staff reviewed the proposals and found that the received pricing was substantially higher than the anticipated cost of these services and through discussion with the proposers found that the pricing was related to the stated use of the labor classification for prevailing wage, as provided by the City in Addendum No. 2; and,
Item 1.9
Attachment 1
WHEREAS, staff consulted with the City Attorney’s Office on the issue of prevailing wages and was advised that pursuant to the California Labor Code, the City is only responsible for obtaining the generally prevailing wage rates from the Department of Industrial Relations and that the proposing firms are responsible for determining the appropriate prevailing wage rates to include in their proposals based upon their interpretation of the scope of work on which they are proposing; and,
WHEREAS, staff contacted the two (2) proposing firms to clarify the statement made on prevailing wages and offered an opportunity for the firms to revise their proposals based upon their interpretation of the appropriate prevailing wage classification to be utilized; and, WHEREAS, Nativescapes, Inc. subsequently contacted the City and requested to withdraw their proposal as in the time elapsed throughout the process, they indicated that their changing workload would not allow for them to complete the work effort in the time required by the City; and, WHEREAS, New Generation Landscape Management, Inc. provided a revised proposal with a total price of $41,500; and,
WHEREAS, New Generation Landscape Management, Inc. has all necessary licenses and prior experience performing similar work and staff received satisfactory feedback from provided references on the work of New Generation Landscape Maintenance, Inc.; and, WHEREAS, staff is recommending an award of contract to New Generation Landscape Management, Inc. in the amount of $41,500; and,
WHEREAS, funding is available within the adopted Fiscal Year 2025-26 Annual Budget within the Village Maintenance Assessment District.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. A contract is awarded to New Generation Landscape Management, Inc. for the Annual Planting of Village Flowers in the amount of $41,500.
2. The City Manager is authorized to execute the contract in a form approved by the City Attorney.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 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 8, 2026
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
The City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) (District) was formed to provide funding for the maintenance of the Village streetscape improvements on Village Drive and Pine Knot Avenue. The area that is subject to the District, and the resulting enhanced maintenance activities, is known as the “Village L” and it experiences an impactful volume of pedestrian and visitation traffic. The District provides for critical maintenance and upkeep within the established 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. Additionally, there is a significant focus on street sweeping, pressure washing, litter collection, trash removal, and graffiti abatement.
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. The Engineer’s Report 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 Engineer’s Report is required to support the adjustment of any assessments, for both new and existing assessments. A Resolution Ordering the Preparation of an Engineer’s Report must first be approved each year.
The Engineer’s Report outlines assessments based upon both General Benefits and Special Benefits. A general benefit applies to activities that benefit the public at large within the area, whether they own properties or not. A special benefit is a benefit derived by 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 expenses for the operation of the District. The City would contribute the remaining 56% of the revenue to satisfy the general benefit element.
In addition to the annual approval to levy the FY 2026-27 assessments, the City is conducting a Proposition 218 majority protest ballot proceeding seeking property owner approval to increase Item 1.10
the annual assessment rates effective FY 2026-27. In 1996, California Voters approved Proposition 218, the Right to Vote on Taxes Act, which governs the process for local agencies to impose assessments. Proposition 218 requires that increases to existing assessments, and all new assessments, must be approved by a majority of the property owners subject to the assessments.
The approval of the property owners is determined through a majority protest process, prescribed by Proposition 218, which requires the City to establish the assessments, provide written notice to all property owners subject to the assessment, including an assessment ballot, which provides information about the proposed assessment as well as the process for protesting the assessment, and conduct a public hearing. The City Council must adopt a Resolution of Intention that outlines the proposed assessments and sets the date for the Public Hearing.
The assessments within the District are based upon a value per linear foot of property frontage of the 56 parcels within the assessed area, totaling 5,142 linear feet. As of June 2021, the assessment value was $18.01 per linear foot. At that time, the assessment value was not keeping pace with the costs of providing services within the District, with the difference being made up by the City’s General Fund. In June 2021, a Proposition 218 majority protest proceeding was conducted, during which the District property owners voted to bring the assessments within the District to a level consistent with the costs of rendering the maintenance services within the District. This process approved a five-year rate structure that increased the assessments from $18.01, as of Fiscal Year 2020-21, to $43.00 per linear foot as of Fiscal Year 2025-26. The Fiscal Year 2025-26 assessment rate of $43 per linear foot is the maximum assessment which cannot be increased without the approval of a majority of the property owners subject to the assessment.
In order to maintain service levels and address increases in operating costs, the City is proposing an annual, inflationary adjustment to the assessment rate to ensure that the District revenue keeps pace with the ongoing cost of providing services. The proposed annual adjustments would be based upon the percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles–Long Beach–Anaheim region as published by the U.S. Bureau of Labor Statistics, for the preceding 12-month period as of December each year. The adjustment shall be calculated every Fiscal Year, and applied to the following year’s maximum authorized assessment amount.
The yearly CPI-based adjustment shall continue annually through the duration of the District until modified or repealed through a legal proceeding.
The current assessment rate for Fiscal Year 2025-26 is $43.00 per linear foot of property frontage and the calculated CPI percentage increase, as defined above, was 3.0% as of December 2025.
Based upon a CPI percentage increase of 3.0%, the proposed assessment rate for Fiscal Year 2026- 27 will be adjusted to $44.29 per linear foot of property if the CPI increase is approved by property owners. The adopted rate over the 5,142 linear feet of assessed frontage will generate $227,739 in assessments due from property owners 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 $289,850 for a total revenue of $517,589. The proposed District expenditures for Fiscal Year 2026-27 are approximately $525,320.
Proposition 218
In order to conduct a majority protest procedure, pursuant to Proposition 218, related to the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements), the City must complete the following actions:
1. Prepare an Engineer’s Report which outlines the limits of the assessment district, the nature of the benefits being received within the district, the budget for the assessment district, and the methodology for determining the assessments within the district. The engineer’s report has been completed and is included as an attachment to this item.
2. Mail to all property owners within the assessment a notice of the proposed assessment and an assessment ballot, which should include:
a. The total amount of the proposed assessment for the entire District, including the amount of the proposed CPI increase.
b. The total amount of the proposed assessment to be applied to the specific property.
c. The duration of the assessment.
d. The reason for and the basis of the calculation of the assessment. e. The date, time, and place for the public hearing on the assessment. f. An explanation of the procedures for the mailed ballot related to the protest vote and an explanation of the effect of the majority protest.
3. Conduct a public hearing on this matter no sooner than forty-five (45) days from the date of mailing of the notices of the proposed assessments. At the scheduled public hearing the City Council shall take public testimony on this item and tabulate the ballots to determine whether a majority protest exists.
4. The balloting procedure will utilize weighted ballots whereby the determination is not made on a one vote per property basis, rather, the number of votes will be weighted to a proportional impact that the assessment will have on each property. In other words, the ballots will be weighted based upon the total proposed assessment for each property. According to the recent assessment information, as included on the property tax rolls, the assessment district includes 56 parcels.
At the conclusion of the public hearing the assessment ballots must be tabulated to determine if a majority protest exists. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment increase exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment increase. If there is a majority protest against the assessment increase the City Council cannot increase the assessment as proposed herein. If necessary, the assessment ballot tabulation may be continued at a different time and/or location accessible to the public, provided the City Council announces the time and location at the public hearing. Should this measure be unsuccessful, the existing assessments will remain in place. Should this measure be successful, the increased assessments will begin with the Fiscal Year 2026/27 levy.
In reviewing these procedures and the associated timeline, staff has identified June 10, 2026 for the public hearing and ballot tabulation on this measure. As such, in accordance with the outlined steps, the notification to the property owners and the assessment ballots will be mailed out by close of business on April 21, 2026, which will satisfy the forty-five (45) day requirement for the notice of public hearing. The attached resolution will call for the City Council to set a Public Hearing on this matter for Wednesday, June 10, 2026 at 5:00 p.m., or as soon thereafter as the matter may be heard, at Big Bear Lake City Hall.
FISCAL IMPACT
Should the assessment ballot proceedings pass the assessments for Fiscal Year 2026-27 will increase by 3.0% to $44.29 per linear foot of property frontage. The adjusted assessments will provide a total revenue for Fiscal Year 2026-27 of $517,589. The general benefit assessment will be $289,850, which will be funded from the City’s General Fund. The special benefit allocation due form property owner assessments would be $227,739.
ENVIRONMENTAL CONSIDERATIONS
Under Section 15379 of the California Environmental Quality Act (CEQA) Guidelines, this is not a project, 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 consistent with the needs of our community”.
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Ordering the Preparation of an Engineer’s Report for the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) for Fiscal Year 2026-27, and a Resolution of Intention to Increase Assessments as of Fiscal Year 2026-27, to Authorize the Annual Levy and Collection of Assessments within the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) for such Fiscal Year, and Taking Other Actions Thereto.
ATTACHMENTS
1. Resolution No. 2026-XX (Engineer’s Report)
2. Resolution No. 2026-XX (Annual Levy and Collection of Assessments)
3.The City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) Fiscal Year 2026-27 Engineer’s Report
4. Fiscal Year 2026-27 Assessment Table
RESOLUTION NO. 2026-XX
RESOLUTION ORDERING THE PREPARATION OF AN
ENGINEER’S REPORT FOR THE CITY OF BIG BEAR LAKE
MAINTENANCE DISTRICT NO. 1-92 (VILLAGE STREETSCAPE
IMPROVEMENTS) FOR FISCAL YEAR 2026-27
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 Maintenance District No. 1-92 (Village Streetscape Improvements) (the “District”), on July 1, 1992 with the adoption of Resolution No. 92-55, for the purpose of financing 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 (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 Village Improvements and assess the properties within the District the partial costs of the Village Improvements; 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 annual engineer’s report (the “Engineer’s Report”) outlining the assessments to be levied against the properties within the District; and, WHEREAS, the City Council intends to order the preparation of the Engineer’s Report as required by the Act.
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 the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements)for Fiscal Year 2026-27.
4. Effective Date. This Resolution shall be effective immediately following its adoption.
Item 1.10
Attachment 1
19361.00132\44810146.1
PASSED, APPROVED AND ADOPTED this 8th day of April 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
19361.00132\44810147.1
RESOLUTION NO. 2026-XX
RESOLUTION OF INTENTION TO INCREASE ASSESSMENTS AS OF FISCAL YEAR 2026-27, TO AUTHORIZE THE ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS WITHIN THE CITY OF BIG BEAR LAKE MAINTENANCE DISTRICT NO. 1-92 (VILLAGE STREETSCAPE IMPROVEMENTS) FOR SUCH
FISCAL YEAR, AND TAKING OTHER ACTIONS THERETO
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 the City of Big Bear Lake Maintenance District No. 1-92 (Village Streetscape Improvements) (the “District”), on July 1, 1992 with the adoption of Resolution No. 92-55, for the purpose of financing 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 (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 Village Improvements and assess the properties within the District the partial costs of the Village Improvements; and,
WHEREAS, Section 22622 of the Streets and Highways Code, State of California, requires that an annual engineer’s report (the “Engineer’s Report”) be prepared and filed annually, outlining the assessments to be levied against the properties within the District; and, WHEREAS, the Engineer’s Report demonstrates the District requires an increase in the rate of the annual assessment in order to continue to provide the Village Improvements, and the City Council desires to move forward with the necessary steps to approve an annual inflationary adjustment to the assessment rates based upon the percentage increase in the consumer price index, as required by the Act, article XIII D section 4 of the California Constitution (commonly known as “Proposition 218”), and California Government Code section 53753.
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 Village Improvements pursuant to the Act, and to continue to levy and collect annual assessments on all such land to pay the partial costs of the Village Item 1.10
Attachment 2
Improvements on the land described in the Engineer’s Report for Fiscal Year 2026-27.
There are no changes proposed to be made to the existing improvements.
3. Intention to Increase Proposed Assessment Rates. The City Council further intends to increase the amounts of the annual assessment rates from the previous year and each fiscal year thereafter based upon the percent increase in the annual Consumer Price Index for All Urban Consumers for the Los Angeles–Long Beach–Anaheim region (“CPI”) as published by the U.S. Bureau of Labor Statistics, for the preceding 12-month period ending in December. The adjustment shall be calculated every Fiscal Year, and applied to the each year’s maximum authorized assessment amount pursuant to Government Code section 53739, and the yearly CPI-based adjustment shall continue annually through the duration of the District until modified or repealed through a legal proceeding.
4. Necessity. The public interest, convenience and necessity require, and it is the intention of the City Council to order the installation, service, and maintenance of Village Improvements within the boundaries of the District, as more specifically described in the Engineer’s Report. No new improvements are proposed for the District for Fiscal Year 2026-27.
5. Boundaries, Improvements, and Proposed Assessments. For a full and detailed description of the Village Improvements, the boundaries of the District, and the proposed assessments to be levied upon the lots and parcels of land within the District please refer to the Engineer’s Report on file in the Office of the City Clerk of the City, and by this reference the Engineer’s Report is incorporated herein.
6. Designation. The maintenance district has been designated and shall be known as “Village Maintenance Assessment District No. 1-92 (Village Streetscape Maintenance) of the City of Big Bear Lake, County of San Bernardino, State of California.”
7. Engineer’s Report. The City Council hereby approves the Engineer’s Report which 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.
8. Public Hearing: A public hearing has been scheduled for 5:00 p.m., or as soon thereafter as may be practicable, on June 10, 2026, at the meeting place of the Big Bear Lake Civic Center, Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315, to consider increases to the proposed annual assessments as described in section 3 of this Resolution and the enrollment of such annual assessments for Fiscal Year 2026-27. At the public hearing, the City Council shall consider all objections or protests, if any, to the proposed increased assessment rates. Any person shall be permitted to present written or oral testimony. The public hearing may be continued from time to time.
At the conclusion of the public hearing the assessment ballots shall be tabulated to determine if a majority protest exists. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment increase exceed the assessment ballots submitted, and not withdrawn, in favor of the proposed assessment increase. If there is a majority protest against the assessment increase the City Council shall not increase the assessment as proposed herein. If necessary, the assessment ballot tabulation may be continued at a different time and/or location accessible to the public, provided the City Council announces the time and location at the public hearing.
9. Notice: The City Clerk shall provide a notice of said hearing and an assessment ballot to be completed by each property owner included within the boundaries of the District pursuant to Proposition 218 and Government Code section 53753 at least 45 days prior to the date of the public hearing.
10. Inquiries: The City Council does hereby designate Sean Sullivan, Assistant City Manager, phone (909) 866-5831, as the person to answer questions regarding these proceedings.
11. Effective Date. This Resolution shall be effective immediately following its adoption.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 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
CITY OF BIG BEAR LAKE MAINTENANCE DISTRICT NO. 1-92 (VILLAGE
STREETSCAPE IMPROVEMENTS)
Fiscal Year 2026-27
ENGINEER’S REPORT
INTENT MEETING: April 8, 2026
PUBLIC HEARING: June 10, 2026
Item 1.10
Attachment 3
ENGINEER’S STATEMENT
This Report describes the City of Big Bear Lake Village Maintenance Assessment District No. 1- 92 and proposed changes or modifications related thereto including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2026-2027, pursuant to the City's Resolution of Intention. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated: April 8, 2026
Prepared By: Miguel Cabanas, P.E.
ENGINEER’S REPORT
CITY OF BIG BEAR LAKE
CITY OF BIG BEAR LAKE MAINTENANCE DISTRICT NO. 1-92 (VILLAGE
STREETSCAPE IMPROVEMENTS)
TABLE OF CONTENTS
I. INTRODUCTION .............................................................................................................. 2 II. PLANS AND SPECIFICATIONS ..................................................................................... 3 III. ASSESSMENT................................................................................................................... 3 IV. ESTIMATED MAINTENANCE COSTS .......................................................................... 4 V. ASSESSMENT DIAGRAM............................................................................................... 6 VI. METHOD OF ASSESSMENT........................................................................................... 7 APPENDIX A: ASSESSMENT ROLL............................................................................ 11 APPENDIX B: DESCRIPTION OF BUDGET ITEMS .................................................. 12 APPENDIX C: GENERAL BOUNDARY MAP............................................................. 13 2 I. 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 Maintenance District No. 1-92 (Village Streetscape Improvements) (the “District”) to fund the sidewalk and landscaping maintenance of various amenities located throughout the Village area, which is generally located from Pine Knot Ave from Big Bear Blvd. to Village Drive and Village Drive from Pine Knot Ave to Bonanza Road. Appendix C shows a map of all the parcels in the Assessment District. The Village is a heavily utilized pedestrian, and tourist destination. 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. This 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, such as the consumer price index (CPI), for the express purpose of paying the costs associated with 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. The City may only increase the maximum assessment rates or impose an annual CPI factor for an assessment district after first 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, the proposed assessment, 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 3 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.
II. PLANS AND SPECIFICATIONS
The maintenance and services provided for the improvements within the District generally described as follows:
The operation, maintenance, and servicing of streetlights, sidewalks, and ornamental structures, landscaping, including trees, shrubs, grass, and other ornamental vegetation, snow removal, trash services 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, 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 within the District were constructed 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.
Because the improvements were constructed as part of a separate assessment and the scope of work for this assessment mainly includes maintenance and services, there are not plans or specifications associated this this Assessment. The Plans and Specifications for the original improvements for the District are on file in the office of the City Clerk and the City Engineer where they are available for public inspection.
III. ASSESSMENT
All assessed lots or parcels of real property within the District are listed in Appendix A and on the 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 2026/27, and shows the fiscal 4 year 2026/27 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.
IV. 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 2026/27, 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 City Management Services of the City of Big Bear Lake. Budgetary items for the annual maintenance costs include the material, labor, electricity, water, trash removal, snow removal, and general maintenance associated with maintaining the District. A description of detailed budget items is included herein as “Appendix B”.
For Fiscal Year 2025/26 assessments were approved at $43.00 per lineal foot of property frontage.
Recent inflationary pressures have caused the costs of maintaining the improvements and providing the services to increase year-over-year which now outpace the amount of the current assessment rates. While the prior fiscal year assessment rates may have been sufficient to cover the maintenance and service costs previously, the assessments were approved without any means to adjust for the ongoing costs of inflation. The current assessment rates are fixed and are not authorized to be increased without approval of the property owners subject to the assessment. If left unchanged, the District will quickly fall behind and will not be able continue to fund the District’s portion of the costs. As a result the District would need to cut the maintenance and services provided or the City and property owners would need to incur the expense of conducting a new assessment study to increase the assessment rates.
In order to maintain service levels and address increases in operating costs, the City proposes to authorize an annual automatic inflation adjustment using Fiscal Year 2025/26 as the base assessment rate. By authorizing an annual automatic inflation adjustment the District will be able to avoid the costs and effort of conducting future property owner protest proceedings to increase the assessment rates. Beginning in Fiscal Year 2026/27, and continuing each fiscal year thereafter, the maximum authorized rate shall be increased by an amount not to exceed the percentage increase in the Consumer Price Index (CPI) for All Urban Consumers for the Los Angeles–Long Beach–Anaheim region as published by the U.S. Bureau of Labor Statistics, for the preceding 12- month period ending December. This approach allows for adjustments in costs specific to the southern California area, and is indicative of the increased costs associated with providing maintenance to the District which includes labor, utilities, material and supplies that are necessary for maintaining the District. The proposed CPI metric to be utilized for this application is consistent 5 with CPI metric utilized for other City adjustments for rates to utilities or other services and is generally used related to ongoing agreements.
The following table is an abbreviated budget for the District reflecting the current assessment, and the proposed assessment increases of Fiscal Year 2026/27. The CPI for the preceding 12-month period ending in December 2025 was published as 3.0%:
TABLE 1 – ASSESSMENT DISTRICT BUDGET SUMMARY
*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 for the costs associated with the General Benefit, which is available to the general public.
For Fiscal Year 2026/27, estimates of the operating expenses, compared with the revenue generated if rates are increased, the District will run a deficit of approximately $7,730, similar to the deficit of $7,507 in Fiscal Year 2025/26. It should be noted that if the assessment rate is not increased, the District would incur a larger deficit of $23,030.
The District’s annual maintenance costs do not include any costs for future capital improvement projects, improvement replacements or repairs.
FISCAL YEAR 2025/26 2026/27
Total maintenance and servicing costs* $510,020 $525,320 City contribution from general fund* $281,407 $289,850
Net amount to be assessed to assessable
lands within the district
$221,106 $227,739
Budget Deficit $7,507 $7,730
Assessed parcels 56 56
Total lineal foot frontage 5,142 5,142
Total fiscal year assessment per linear
foot
$43.00 $44.29
6 V. ASSESSMENT DIAGRAM
The boundary of the Village Maintenance Assessment District No. 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.
TABLE 2 – ASSESSED FRONTAGE OF PARCELS IN DISTRICT
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
7 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.
VI. 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 Articles provide 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.
A general benefit applies to activities that benefit the public at large within the area, whether they own properties or not. A special benefit is a benefit derived by 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 expenses for the operation of the District. The City would contribute the remaining 56% of the revenue to satisfy the general benefit element.
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 maintenance and services for the improvements in the Village confer a particular and distinct special benefit upon parcels within the District because of the nature of the services. 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 and aesthetic quality of the businesses. 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 8 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 by providing readily accessible parking and access to businesses during snow events, as well as promotes/preserves health and safety ensuring trash is promptly removed and cleaned. 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 above-mentioned attributes contribute to a specific enhancement for each of the parcels within the District, and are particular to 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 abovementioned 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
Based upon the established 44% special benefit/ 56% general benefit distribution, the special benefit contribution will be calculated as follows:
9 Total Front Linear Footage × [The Current Annual Rate Per Linear Foot + ( The Current Annual Rate Per Linear Foot × Annual CPI Percentage)] = The Total Special Benefit Revenue Generated
For example, in FY 2026/27 this calculation is as follows:
5,142 lineal feet × [$43.00 + ($43.00 × 3.0%)] = $227,739 Per Table 1 above, since the special benefit is 44% of the total revenue for the District, the total generated revenue is $517,589, and the general benefit is 56% of the total revenue, or $517,589 − $227,739 = $289,850.
The proposed rate over the 5,142 linear feet of assessed frontage will generate $227,739 for Fiscal Year 2026/27. Pursuant to the established 44% special benefit and 56% general benefit distribution, the City’s general benefit contribution for this period will be $289,850 for a total revenue of $517,589. It should be noted that the City’s annual contribution will also be adjusted by the CPI rate.
Each of the parcels within the district has access to the improvements and the maintenance and servicing thereof. Since the parcels front onto the street and sidewalk improvements, the benefits to each parcel are based on the width of the parcel fronting the improvements. In the District, all parcels are assessed based on the front linear footage of the parcel to be assessed. For fiscal year 2026/27 there is a total of 5,142 front linear feet within the Village. See the Assessment Roll included herein as Appendix “A” for individual parcel data.
The following formulas are used to calculate each property’s District assessment.
Total Balance to Levy*/Total Front Linear Footage = Levy per Front Linear Foot (Rate) Parcels Total Front Linear Foot Levy per Front Linear Foot (Rate) = Parcel Levy Amount Table 1 below is a sample levy calculation for a parcel in the District.
TABLE 3 – ASSESSED FRONTAGE OF PARCELS IN DISTRICT
ADJUSTED ASSESSMENT
RATE
($/LF)
PARCEL
FRONTAGE
(LF)
= PARCEL LEVY
$44.29 100 = $4,429
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 2026/27, shows the fiscal year 2026/27 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, 10 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 10, 2026.
*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 owner 11 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.
12 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 by way of weekly street sweeping as well as manual litter removal performed by staff.
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.
13 APPENDIX C: GENERAL BOUNDARY MAP
City owned parcels within Assessment District xx Parcel in Assessment District Assessors Parcel
Numbers Assessed
Upon
Frontage Feet
(in Lineal Feet)
Proposed FY 2026/27
Total Assessment
($44.29/Linear Foot)
1 308-165-01 50 $2,214.50
2 308-165-02 62 $2,745.98
3 308-165-03 45 $1,993.05
4 308-165-04 45 $1,993.05
5 308-166-28 125 $5,536.25
6 308-166-29 46 $2,037.34
7 308-166-34 40 $1,771.60
8 308-166-35 50 $2,214.50
9 308-166-59 80 $3,543.20
10 308-166-51 39 $1,727.31
11 308-171-01 173 $7,662.17
12 308-171-02 75 $3,321.75
13 308-171-05 40 $1,771.60
14 308-171-08 40 $1,771.60
15 308-171-10 40 $1,771.60
16 308-171-11 40 $1,771.60
17 308-171-16 40 $1,771.60
18 308-171-17 40 $1,771.60
19 308-171-18 40 $1,771.60
20 308-171-19 40 $1,771.60
21 308-171-20 40 $1,771.60
22 308-171-41 120 $5,314.80
23 308-171-24 40 $1,771.60
24 308-171-28 40 $1,771.60
25 308-171-34 70 $3,100.30
Subtotal $64,663.40
CITY OF BIG BEAR LAKE
MAINTENANCE DISTRICT NO. 1-92
(VILLAGE STREETSCAPE IMPROVEMENTS)
FY 2026/27
Item 1.10
Attachment 4
Assessors Parcel
Numbers Assessed
Upon
Frontage Feet
(in Lineal Feet)
Proposed FY 2026/27
Total Assessment
($44.29/Linear Foot)
26 308-171-35 120 $5,314.80
27 308-171-36 80 $3,543.20
28 308-171-37 40 $1,771.60
29 308-171-38 183 $8,105.07
30 308-171-39 80 $3,543.20
31 308-171-40 80 $3,543.20
32 308-172-01 50 $2,214.50
33 308-172-02 50 $2,214.50
34 308-172-24 50 $2,214.50
35 308-172-25 152 $6,732.08
36 308-173-33 100 $4,429.00
37 308-173-30 100 $4,429.00
38 308-173-27 100 $4,429.00
39 308-174-03 40 $1,771.60
40 308-174-04 40 $1,771.60
41 308-174-14 50 $2,214.50
42 308-174-15 50 $2,214.50
43 308-174-27 76 $3,366.04
44 308-174-28 120 $5,314.80
45 308-174-37 80 $3,543.20
46 308-174-39 40 $1,771.60
47 308-174-42 110 $4,871.90
48 308-181-14 290 $12,844.10
49 308-181-05 55 $2,435.95
50 308-181-06 152 $6,732.08
Subtotal $101,335.52
(VILLAGE STREETSCAPE IMPROVEMENTS)
FY 2026/27
CITY OF BIG BEAR LAKE
MAINTENANCE DISTRICT NO. 1-92
Assessors Parcel
Numbers Assessed
Upon
Frontage Feet
(in Lineal Feet)
Proposed FY 2026/27
Total Assessment
($44.29/Linear Foot)
51 308-181-07 82 $3,631.78
52 308-181-13 61 $2,701.69
53 308-183-21 100 $4,429.00
54 308-271-01 510 $22,587.90
55 308-146-02 236 $10,452.44
56 308-121-69 405 $17,937.45
Subtotal $61,740.26
Total 5,142 $227,739.18
CITY OF BIG BEAR LAKE
MAINTENANCE DISTRICT NO. 1-92
(VILLAGE STREETSCAPE IMPROVEMENTS)
FY 2026/27
MEETING
DATE: April 8, 2026
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 by reducing 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 for residential customers, curbside collection and the use of the Clean Bear Sites, with the ability to utilize both options. Additionally, this agreement also provides for updated service provisions that were not previously offered in Big Bear Lake, such as automated curbside disposal, and separated organic waste collection, all of which were implemented in compliance with Senate Bill (SB) 1383. 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.
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 beginning in FY 25/26. The rates were adjusted in accordance with the Proposition 218 process, with any increase not to exceed 5% for residential and commercial collection rates. The commercial service rate is reflective of a typical commercial service, which is one three-yard bin, serviced once per week (1x3x1) and the commercial service rates for different service levels are built upon this base rate, and are included in the complete rate schedule (Attachment 4).
For purposes of collecting the fees for solid waste services, 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 Item 1.11
waste collection. For all commercial and multi-family properties, which are residential units with four (4) or more dwelling units, customers are billed monthly by Big Bear Disposal.
The current service rates for residential and commercial collection are outlined below:
Service Year
Beginning
Residential Service
Monthly
Residential Service
Annually
Commercial Service
Monthly
July 1, 2025 $38.25 $459.00 $231.36
Pursuant to the franchise agreement, beginning July 1, 2025 and every year thereafter, Big Bear Disposal, Inc. may request, annually, a rate adjustment due to the inflationary costs associated with providing solid waste collection services. Rates are based upon a formula, included within the approved franchise agreement, that allows for changes in collection based upon Consumer Price Index (CPI), as well as verified changes in the disposal and processing rates charged by any transfer station and material recovery facility that receive and process waste generated in Big Bear Lake. The formula for determining the overall rate is comprised of seventy-five (75%) collection, fifteen (15%) general disposal and ten (10%) processing. The methodology for the rate calculation is in Attachment 2.
The collection component of the rate may be adjusted by CPI, which is determined from the All Urban Consumers, not seasonally adjusted, all items index (CPI-U) for the Los Angeles–Long Beach–Anaheim region for the twelve (12) month period ending March 31st immediately prior to the applicable adjustment date. The disposal portion of the rate may be adjusted if landfill tipping or gate fees increase and the processing portion may be adjusted if fees for green waste or recycling increase. The franchise agreement further stipulates that the maximum total rate adjustment for any year period is five percent (5%), however if there is justification for an increase higher than five percent (5%), then the extra amount may be carried over to a future year, as long as the increase in any one year does not exceed five percent (5%). Justifications for an increase beyond five percent (5%) would include changes in the disposal or processing components, since the collection component is based upon the previous 12 months CPI.
In June 2025, a Proposition 218 procedure and public hearing was held to adjust rates to account for changes to CPI, as well as processing of recyclables and organic material. The disposal components of the rate did not change, however the processing rate for recycling and green waste processed by the Victor Valley Materials Recovery Facility (MRF) increased from $85.00 per ton to $120.53 per ton, an approximately 42% increase. Tipping fees at the MRF had not been updated since 2003, and so a rate adjustment would account for cost-of-living increases, and on-going necessary maintenance and repairs to equipment that are necessary to keep the equipment in working order. This change would have increased the overall solid waste rate by 6.4% however pursuant to the franchise agreement, rate increases are capped at five percent (5%). For Fiscal Year 2026-27, to account for the increase in processing rates beyond CPI in 2025-26, it is necessary to carryover the one point four percent (1.4%) surplus from the previous year.
For Fiscal Year 2026-27 the rate adjustment will be based upon the carryover amount (1.4%) from the previous year, and an increase in CPI for the collection and processing components, with no change to the disposal component. Since CPI for the proceeding 12 month period ending in March is not released until mid-April, the rate for Fiscal Year 2026-27 will be adjusted up to the 5% annual maximum. Should the final rate be calculated lower than the 5% amount, once the CPI figures are released, the actual adjustment will be the lesser of the two figures, either the calculated amount or 5%.
The collection and processing components of the solid waste rate are projected to be adjusted based upon CPI annually, up to a maximum of 5% per year. Approval of the maximum amount per year allows adjustments to account for inflationary increases due to increases in costs of labor, fuel and equipment maintenance while minimizing the need for frequent rate studies, and provides for administrative efficiency. Actual adjustments every fiscal year may be lower depending on changes in the CPI, and property owners will be notified of the actual adjustments in a notice distributed by the City, after CPI calculations are published in mid-April. The proposed rates for a 5-year rate adjustment, up to a maximum adjustment of 5% per fiscal year is as follows:
Service Year Beginning Residential Service Maximum
Monthly
Commercial Service
Maximum Monthly
July 1, 2026 $40.16 $242.93
July 1, 2027 $42.16 $255.08
July 1, 2028 $44.27 $267.83
July 1, 2029 $46.48 $281.22
July 1, 2030 $48.80 $295.28
In an abundance of caution, the City conducts a Proposition 218 proceeding for new or increased solid waste rates. 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, may only be adopted if there is no majority protest (i.e., written protests in opposition to the rates are received by a majority of affected parcels.) ,
Proposition 218
In order to conduct a majority-protest procedure, pursuant to Proposition 218, the City must dispense the following actions:
1. Mail to all property owners and customers subject to the rate adjustment a notice of the proposed adjustment and instructions for how to return a ballot, which should include:
a. The amount of the adjustment, which may include an automatic adjustment, for example any cost-of-living adjustments that would be desired once the identified adjustments have been implemented.
b. The total amount of the adjustment to be applied.
c. The duration of the adjustment.
d. The reason for and the basis of the calculation of the adjustment. e. The date, time, and place for the public hearing on the adjustment. f. An explanation of the procedures for the mailed ballot related to the protest vote and an explanation of the effect of the majority protest.
2. Conduct a public hearing on this matter no sooner than forty-five (45) days from the date of mailing of the notices of the proposed adjustments. At the scheduled public hearing the City Council shall take public testimony on this item and tabulate the protests to determine whether a majority protest exists.
In reviewing these procedures and the associated timeline, staff has identified June 10, 2026 for the public hearing on this measure. As such, in accordance with the outlined steps, the notification to the property owners and the ballot has been prepared and will be mailed out by close of business on April 21, 2026, which will satisfy the forty-five (45) day requirement for the public hearing.
The notice will call for the City Council to set a Public Hearing on this matter for Wednesday, June 10, 2026 at or after 5:00 p.m. at Big Bear Lake City Hall (Attachment 2).
FISCAL IMPACT
The proposed rate adjustment would establish a 5-year rate adjustment not to exceed 5% per year.
The residential solid waste collection rate for the period effective July 1, 2026 would be $40.16 monthly. The total residential solid waste collections fees remitted to Big Bear Disposal for this period will be approximately $4,096,500.
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 California Public Resources Code section 21080(b)(8) and 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 consistent with the needs of our community”.
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing the Initiation of Proposition 218 Proceedings to Consider Proposed Adjustments to Solid Waste Collection Rates.
ATTACHMENTS
1. Resolution No. 2026-XX
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, 2026 RESOLUTION NO. 2026-XX
RESOLUTION AUTHORIZING THE INITIATION OF
PROPOSITION 218 PROCEEDINGS TO CONSIDER PROPOSED
ADJUSTMENTS TO SOLID WASTE COLLECTION RATES
WHEREAS, the City of Big Bear Lake is responsible for the collection, removal, and disposal of solid waste for the protection of public health safety, and welfare and to contribute toward the diminution of health hazards and pollution in the City, historically providing for these services through contract agreements; and,
WHEREAS, Big Bear Disposal, Inc., has provided for these services within the City since 1991, with the most recent Franchise Agreement having been approved by City Council in August 2022 through the period ending June 30, 2034; and,
WHEREAS, the franchise agreement provides for both residential and commercial collection and Big Bear Disposal provides for all labor, equipment, including receptacles, and disposal costs; and, WHEREAS, at the time the franchise agreement was approved, the City Council also approved an initial three (3) year rate structure for solid waste services, with a variable rate beginning in FY 2025-26; and,
WHEREAS, rates are based upon collection, general disposal, and processing, with the collection component able to be adjusted based upon CPI, and the collection and disposal components being adjusted for changes to landfill and/or gate fees; and, WHEREAS, for FY 2025-26 residential and commercial collection rates were adjusted in accordance with the Proposition 218 process, with any increase not to exceed 5%, pursuant to the franchise agreement; and,
WHEREAS, tipping fees in 2025 increased approximately 42% for recycling and green waste processing that would have increased the overall solid waste rate by 6.4%; and, WHEREAS, there is a provision in the franchise agreement that allows for a carryover amount from the previous year; and,
WHEREAS, the City is proposing a five-year adjustment to solid waste rates, up to a maximum of 5% per year through June 30, 2031; and,
WHEREAS, for FY 2026-27 it is necessary to adjust the rate to account for the change in CPI, as well as the 1.4% carryover, and;
WHEREAS, the proposed maximum monthly rates for a 5-year period to be charged for disposal services are as follows, up to a maximum adjustment of 5% per fiscal year is as follows:
Item 1.11
Attachment 1
Service Year Beginning Residential Service Maximum
Monthly
Residential Vacant Lots
Service Maximum Monthly
July 1, 2026 $40.16 $2.23
July 1, 2027 $42.16 $2.34
July 1, 2028 $44.27 $2.45
July 1, 2029 $46.48 $2.58
July 1, 2030 $48.80 $2.71
WHEREAS, the above proposed residential rates represent the service rates that will be billed on the property tax roll, while all other rates for service, including multi-family and commercial properties, will be directly billed by the hauler to the customer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1. Staff is authorized to initiate the public notification process, required by Proposition 218, for a Public Hearing to be held on June 10, 2026, at which time a majority protest vote will occur to determine the consideration of the proposed rates for solid waste services. Said hearing shall be scheduled for:
Wednesday, June 10, 2026 at 5:00 p.m. or as soon thereafter as the item may be heard Big Bear Lake Civic Center
39707 Big Bear Boulevard
Big Bear Lake, CA 92315
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
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 10, 2026, 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, 2026 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 1.11
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 10, 2026. Oral, telephonic, facsimile, and e-mail protests will not be accepted. Please identify on the front of the envelope for any protest, “2026 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, 2026. 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.
Item 1.11
Attachment 3
Effective CURRENT July 1, 2026 July 1, 2027 July 1, 2028 July 1, 2029 July 1, 2030 Residential Cart Service / Monthly per unit $ 38.25 $ 40.16 $ 42.17 $ 44.28 $ 46.50 $ 48.82 Incl. Trash, Recycling, & Organic Waste
Each Additional Waste Container each $ 14.17 $ 14.88 $ 15.62 $ 16.40 $ 17.22 $ 18.08 Pine Needles Above 15 Bags/Week per bag $ 2.65 $ 2.79 $ 2.93 $ 3.07 $ 3.23 $ 3.39 Vacant Lots / Monthly per lot $ 2.12 $ 2.23 $ 2.34 $ 2.45 $ 2.58 $ 2.71 Commercial Trash Rates
2 Yard Bin Service
1 Time per week service $ 154.89 $ 162.64 $ 170.77 $ 179.31 $ 188.27 $ 197.69 2 Time per week service $ 309.72 $ 325.21 $ 341.47 $ 358.54 $ 376.47 $ 395.29 3 Time per week service $ 464.60 $ 487.83 $ 512.22 $ 537.83 $ 564.72 $ 592.96 4 Time per week service $ 619.49 $ 650.46 $ 682.99 $ 717.14 $ 752.99 $ 790.64 5 Time per week service $ 776.38 $ 815.20 $ 855.96 $ 898.76 $ 943.70 $ 990.89 6 Time per week service $ 929.26 $ 975.72 $ 1,024.51 $ 1,075.73 $ 1,129.52 $ 1,186.00 7 Time per week service $ 1,084.15 $ 1,138.36 $ 1,195.28 $ 1,255.04 $ 1,317.79 $ 1,383.68 3 Yard Bin Service
1 Time per week service $ 231.36 $ 242.93 $ 255.08 $ 267.83 $ 281.22 $ 295.28 2 Time per week service $ 462.89 $ 486.04 $ 510.34 $ 535.86 $ 562.65 $ 590.78 3 Time per week service $ 694.32 $ 729.04 $ 765.49 $ 803.77 $ 843.95 $ 886.15 4 Time per week service $ 925.79 $ 972.08 $ 1,020.68 $ 1,071.71 $ 1,125.30 $ 1,181.56 5 Time per week service $ 1,156.93 $ 1,214.78 $ 1,275.52 $ 1,339.29 $ 1,406.26 $ 1,476.57 6 Time per week service $ 1,388.60 $ 1,458.03 $ 1,530.93 $ 1,607.47 $ 1,687.85 $ 1,772.24 7 Time per week service $ 1,620.18 $ 1,701.19 $ 1,786.25 $ 1,875.56 $ 1,969.34 $ 2,067.80 4 Yard Bin Service
1 Time per week service $ 308.02 $ 323.42 $ 339.59 $ 356.57 $ 374.40 $ 393.12 2 Time per week service $ 616.03 $ 646.84 $ 679.18 $ 713.14 $ 748.79 $ 786.23 3 Time per week service $ 925.57 $ 971.85 $ 1,020.44 $ 1,071.46 $ 1,125.04 $ 1,181.29 4 Time per week service $ 1,233.77 $ 1,295.46 $ 1,360.23 $ 1,428.24 $ 1,499.66 $ 1,574.64 5 Time per week service $ 1,540.95 $ 1,618.00 $ 1,698.90 $ 1,783.85 $ 1,873.04 $ 1,966.69 6 Time per week service $ 1,849.80 $ 1,942.30 $ 2,039.41 $ 2,141.38 $ 2,248.45 $ 2,360.87 7 Time per week service $ 2,157.87 $ 2,265.77 $ 2,379.05 $ 2,498.01 $ 2,622.91 $ 2,754.05 Special Services
Manual pull-out for front loading bin per occurrence $ 8.11 $ 8.52 $ 8.94 $ 9.39 $ 9.86 $ 10.35 (includes opening and closing of enclosure)
Special Bin with Locking Lids one time charge $ 94.63 $ 99.36 $ 104.33 $ 109.54 $ 115.02 $ 120.77 Commercial start-up and bin delivery fee one time charge + first month $ 86.32 $ 90.63 $ 95.16 $ 99.92 $ 104.92 $ 110.16 Weekend Rates per yard $ 21.60 $ 22.68 $ 23.81 $ 25.00 $ 26.25 $ 27.56 Exhibit A- Maximum Solid Waste Service Rates
Effective July 1, 2026
Item 1.11
Attachment 4
Effective CURRENT July 1, 2026 July 1, 2027 July 1, 2028 July 1, 2029 July 1, 2030 Commercial Recycling
2 Yard Bin Service
1 Time per week service $ 103.97 $ 109.17 $ 114.63 $ 120.36 $ 126.38 $ 132.70 2 Time per week service $ 206.00 $ 216.30 $ 227.11 $ 238.47 $ 250.39 $ 262.91 3 Time per week service $ 311.94 $ 327.54 $ 343.91 $ 361.11 $ 379.16 $ 398.12 4 Time per week service $ 415.98 $ 436.78 $ 458.62 $ 481.55 $ 505.63 $ 530.91 5 Time per week service $ 521.96 $ 548.05 $ 575.46 $ 604.23 $ 634.44 $ 666.16 6 Time per week service $ 623.89 $ 655.09 $ 687.84 $ 722.24 $ 758.35 $ 796.27 7 Time per week service $ 727.90 $ 764.30 $ 802.51 $ 842.64 $ 884.77 $ 929.01 3 Yard Bin Service
1 Time per week service $ 155.06 $ 162.81 $ 170.95 $ 179.50 $ 188.48 $ 197.90 2 Time per week service $ 310.22 $ 325.73 $ 342.02 $ 359.12 $ 377.07 $ 395.93 3 Time per week service $ 465.31 $ 488.58 $ 513.01 $ 538.66 $ 565.59 $ 593.87 4 Time per week service $ 620.42 $ 651.44 $ 684.02 $ 718.22 $ 754.13 $ 791.84 5 Time per week service $ 775.30 $ 814.06 $ 854.77 $ 897.51 $ 942.38 $ 989.50 6 Time per week service $ 930.56 $ 977.09 $ 1,025.94 $ 1,077.24 $ 1,131.10 $ 1,187.66 7 Time per week service $ 1,085.79 $ 1,140.08 $ 1,197.08 $ 1,256.93 $ 1,319.78 $ 1,385.77 4 Yard Bin Service
1 Time per week service $ 206.25 $ 216.56 $ 227.39 $ 238.76 $ 250.69 $ 263.23 2 Time per week service $ 412.44 $ 433.06 $ 454.72 $ 477.45 $ 501.33 $ 526.39 3 Time per week service $ 620.21 $ 651.22 $ 683.78 $ 717.97 $ 753.86 $ 791.56 4 Time per week service $ 826.64 $ 867.97 $ 911.37 $ 956.93 $ 1,004.78 $ 1,055.02 5 Time per week service $ 1,031.80 $ 1,083.39 $ 1,137.56 $ 1,194.43 $ 1,254.16 $ 1,316.86 6 Time per week service $ 1,239.06 $ 1,301.01 $ 1,366.07 $ 1,434.37 $ 1,506.09 $ 1,581.39 7 Time per week service $ 1,445.36 $ 1,517.63 $ 1,593.51 $ 1,673.18 $ 1,756.84 $ 1,844.68 Commercial Can Service
32 gallon can(s)
2 cans solid waste - 1 can recycle $ 40.05 $ 42.06 $ 44.16 $ 46.37 $ 48.69 $ 51.12 3 cans solid waste - 1 can recycle $ 55.19 $ 57.95 $ 60.85 $ 63.89 $ 67.09 $ 70.44 4 cans solid waste - 2 cans recycle $ 76.09 $ 79.89 $ 83.89 $ 88.08 $ 92.48 $ 97.11 5 cans solid waste - 2 cans recycle $ 91.01 $ 95.56 $ 100.33 $ 105.35 $ 110.62 $ 116.15 6 cans solid waste - 2 cans recycle $ 111.23 $ 116.80 $ 122.64 $ 128.77 $ 135.21 $ 141.97 7 cans solid waste - 3 cans recycle $ 126.94 $ 133.29 $ 139.95 $ 146.95 $ 154.29 $ 162.01 Commercial Organics Service
96 gallon can
1 Time per week service $ 55.02 $ 57.77 $ 60.66 $ 63.69 $ 66.88 $ 70.22 Roll-off Containers
30 yard - seven (7) days use $ 475.21 $ 498.97 $ 523.92 $ 550.12 $ 577.62 $ 606.50 (Includes one (1) dump) + Add'l per ton per ton $ 113.84 $ 119.53 $ 125.51 $ 131.78 $ 138.37 $ 145.29 Daily Rental after seven (7) days per day $ 15.75 $ 16.54 $ 17.37 $ 18.24 $ 19.15 $ 20.11
MEETING
DATE: April 8, 2026
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 the City to Accept Grant Funding for the California Youth Service Corp Program on Behalf of the Southern California Mountains Foundation
BACKGROUND & DISCUSSION
In April 2020, the State of California, through California Volunteers, launched the “California for All” initiative to mobilize residents during the COVID-19 pandemic. This effort evolved into the California Youth Service Corp which integrates workforce development with paid service. The goal of the California Youth Service Corp program is to increase youth employment, develop youth interest in and experience toward a career, and strengthen City capacity to address key areas of climate, food insecurity, education, and public service. This program offers grant funding to create youth employment opportunities consistent with these goals and objectives. The grant opportunity has been made available to municipalities across the State with the ability to subgrant the funds to other agencies, including nonprofits.
The City, with the Southern California Mountains Foundation (SCMF) as a subgrantee, applied for and administered two rounds of funding from this grant program from 2022 to 2025 for the development and support of a trails maintenance crew to support City trails maintenance. Over both funding years, the City secured $2,494,377.66 to establish a program for a year round trails crew of 6-10 youth with a focus on trails maintenance and development within the City of Big Bear Lake and the greater Big Bear Valley. Through this program, the SCMF youth trails crew has maintained, repaired and installed improvements at a number of trails within the City and the Valley at large. Most notably, the capital improvement projects they have contributed to include the Stanfield Marsh Outdoor Recreation and Education (SMORE) Trail, Rathbun Creek Trail, Castle Rock Trail, and Happy Hills Trail. When not performing project related work, the crews perform routine, and ongoing maintenance such as litter collection, landscape management, and various repairs to support the heavily utilized trails system within the community meanwhile supporting the efforts of City Public Works crews. The grant has funded the labor costs for the crews, training programs necessary for the crews to carry out maintenance and operations tasks, supervision and management of the crews, and the necessary tools and equipment to undertake trail-related projects. The City has recognized approximately $158,636.80 in revenue from 2022 to 2025 to support the costs associated with grant administration and program direction and oversight.
In Fall 2025, California Volunteers released a call for the Youth Service Corp program grant under Item 1.12
RFA CV25-YSC04, and again SCMF approached the City about continuing this partnership. The City submitted an application for this round of funding, with SCMF as a subgrantee, to continue the work of the trails crews in supporting trail development and maintenance. The application proposed the continuation of a full-time trails crew, employing 10 youth service members for 40 hours per week in six (6) month cohorts. The proposed term of the grant funding and the associated program is from grant execution, which is expected to occur mid-April 2026, through December 31, 2027. The funding request for the application was submitted in the amount of $1,128,153.89 with the majority of funding supporting program implementation. The grant award reserves approximately $26,860 for the City’s costs associated with grant administration efforts. On February 6, 2026, the City was notified that this application was accepted and approved for funding.
The City of Big Bear Lake, as the primary grantee, will provide a project liaison to support grant reporting, administration, and implementation. The City will provide input and direction in terms of project execution and focus with the additional labor and support complementing the existing efforts of City staff. The grant award includes dedicated funding to cover the City costs of this project support over the implementation period. Payment will be issued from the State of California to the City for all grant funds and the City will issue all payments to the SCMF.
The Southern California Mountains Foundation is a registered 501C(3) nonprofit entity. The associated Southern California Mountains Foundation Urban Conservation Corps was established in 2006 and is a State Certified Local Conservation Corps and 21st Century Conservation Service Corps. Their conservation corps has over 15 years of experience running workforce development programs for youth ages 18-26, and they hire and train over 75 youth annually through their programs. The City and the SCMF have forged an excellent partnership over the past several years and the SCMF provides critical support to the trail systems within the City and the Big Bear Valley.
To proceed with the grant, the City will need to execute a grant agreement with California Volunteers (Attachment 2). Additionally, the City will need to execute a pass through agreement with the SCMF to pass through the payments from the State once received by the City as a part of the granting process (Attachment 3).
FISCAL IMPACT
The total awarded grant amount is $1,128,153.89 which includes all described programmatic elements. Within that total is an amount of approximately $26,860 to the City to support administration of the grant including all reporting and reimbursement efforts.
ENVIRONMENTAL CONSIDERATIONS
This action is not subject to the California Environmental Quality Act (CEQA) as it is not defined as a project pursuant to Section 15378 of the CEQA Implementing Guidelines.
CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priority No. 1 as it “supports and invests in sustainable infrastructure projects and programs” and Strategic Priority No. 4 as it serves to “enhance 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 Authorizing the City to Accept and Administer Funding from the Californians for All Youth Workforce Development Program Grant on Behalf of the Southern California Mountains Foundation.
ATTACHMENTS
1. Resolution No. 2026- XX
2. Grant Agreement with California Volunteers
3. Draft Pass-Through Grant Agreement with Southern California Mountains Foundation RESOLUTION NO. 2026-XX
RESOLUTION AUTHORIZING THE CITY TO ACCEPT AND
ADMINISTER FUNDING FROM THE CALIFORNIANS FOR ALL
YOUTH WORKFORCE DEVELOPMENT PROGRAM GRANT ON BEHALF
OF THE SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION
WHEREAS, the California Youth Service Corps grant program is under the umbrella of California’s “California for All” initiative that provides funding to municipalities to create paid youth employment opportunities that support workforce development and address community needs such as climate change, education and public service; and, WHEREAS, the City has received two Youth Service Corps grants for programs from 2022 to 2025 in partnership with the Southern California Mountains Foundation (SCMF) for the establishment of a year round trails crew utilizing the SCMF Conservation Corps; and, WHEREAS, the SCMF youth trails crew has maintained, repaired and installed improvements at a number of trails within the City and the Valley at large, including the Stanfield Marsh Outdoor Recreation and Education (SMORE) Trail, Rathbun Creek Trail, Castle Rock Trail, and Happy Hills Trail; and,
WHEREAS, in fall 2025, California Volunteers released another call for funding availability for the Youth Service Corp grant under RFA CV25-YSC04, and again SCMF approached the City about continuing the partnership; and,
WHEREAS, the City submitted an application for the 2025 cycle of funding, with SCMF as a subgrantee, to employee a full-time trails crew of 10 youth service members for ongoing trail maintenance through litter collection, landscape management, and other maintenance and repairs activities within the City and greater Big Bear Valley; and, WHEREAS, the application proposes to continue the deployment of a full-time trails crew of approximately ten (10) members from grant execution in mid-April through December 31, 2027 with a total grant request of $1,128,153.89 that includes approximately $26,860 for the City related to the costs associated with grant administration; and, WHEREAS, on February 6, 2026, the City was notified that this application was accepted and approved for funding; and,
WHEREAS, the City will be the primary grantee, responsible for grant administration and implementation, including providing direction and processing reimbursements to SCMF; and, WHEREAS, a requirement of the grant is to execute a grant agreement with California Volunteers that outlines the scope of work and the terms associated with the grant; and, Item 1.12
Attachment 1
WHEREAS, the City will also need to execute a pass-through agreement with the Southern California Mountains Foundation which will outline their responsibilities as a subgrantee and outline the terms associated with the administration of the grant.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake, that:
1. The City Manager is authorized to execute a grant agreement with California Volunteers for the Californians for All Youth Workforce Development Program for the term through December 31, 2027 with a total grant award of $1,128,153.89.
2. The City Manager is authorized to execute a Pass-Through Grant Agreement with the Southern California Mountains Foundation for the Youth Service Corp Program RFA CV25-YSC04, in a form approved by the City Attorney.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
2. The term of this Agreement is:
Item 1.12
Attachment 2
2025-2026 Youth Service Corps Program Narrative
1 | Page
Project Name: Expanding Youth Workforce Opportunities in Big Bear Lake Name of City Representative/Contact Person: Sean Sullivan Title: Assistant City Manager, Big Bear Lake
Email: [email protected]
Contact Number: 909.866.5831 Ext. 113
Section 1: Program Goal (10 points)
What does your municipality hope to gain from participating in this program? Which strategic goals can this program help your municipality meet? The City of Big Bear Lake (the city) has experienced unprecedented increases in tourism in the past five years resulting in multi-faceted impacts on the local economy and natural resources in the city and surrounding Valley. The San Bernardino National Forest that surrounds the City of Big Bear Lake is among the most visited national forests in the United States, further complicating create a net-positive environmental and economic impact. Big Bear is uniquely situated within an uninterrupted urban to rural forest continuum; the city has a high percentage of canopy cover and diverse habitat types (including montane coniferous forest, montane riparian shrub, lacustrine emergent lakeshore, montane freshwater marsh, and endemic pebble plains) that sequester carbon, improve air and water quality, reduce erosion, and contribute to the mitigation of drought impacts.
Big Bear Lake has enumerated specific goals regarding the preservation and resiliency of the city Space and -purpose non-motorized trails that link to
the regional trail system and of preserving open space areas within the city that are necessary to protect critical habitat areas. Additionally, the program will aid in the pursuit of Goal ER1 (the identification of biological resources and mitigation of the impacts of urban development within the city - including those resulting from the increase in development due to COVID-19) within the ent. Pursuant to this goal, the City seeks to protect and restore ecosystems that will be resilient to shifting conditions as a result of climate change and will aid in the mitigation of climate change impacts. Conservation, habitat restoration, sustainable trail building, increased trail connectivity, reducing non-system social trails, fuels reduction and outreach in the areas surrounding the lake will also enable the city to fulfill Goals ER3 (ensure long-term clean water supply), ER4 (informed public regarding climate-change-induced water scarcity), and ER5 (sustainable watershed management). The air quality improvement that results from ecosystem restoration and protection measures including ignition reduction activities (wildfire prevention) in this program will also assist the city in meeting Goal ER6 (improve regional air quality). This program would provide the city with the opportunity to enact crucial climate resilience projects and education via meaningful youth development, while attaining state goals of ignition reduction and fuels reduction.
Exhibit A - Scope of Work
City of Big Bear Lake
JP2006-Y2526
2025-2026 Youth Service Corps Program Narrative
2 | Page
Section 2: Program Design (40 points)
Which focus area(s) will youth be working on (food insecurity, climate change, education, public service)?
grant will focus on public service, education and climate change.
Do you plan on sub granting with CBOs? If so, please name each organization, which portions of the program implementation they will be responsible for, any prior experience they have running similar programs, and the process by which you will select CBO partners.
The City of Big Bear Lake will subcontract with the Southern California Mountains Foundation (SCMF), a 501 C (3) CBO founded in 1993 which created the Urban Conservation Corps in 2006 Conservation Corps
(SCMF-UCC), is a State Certified Local Conservation Corps with 19 years of experience running workforce development programs for youth ages 18-26 years old. SCMF-UCC hires and trains over 100 young adults annually to work on diverse projects including building and maintaining community green spaces, constructing and improving trails, restoring native habitat, and conducting public service and environmental outreach and education. These projects regularly span federal, county, and local jurisdictions (including numerous projects with the City of Big Bear Lake). Corpsmembers are trained and led by staff with advanced degrees and skill sets across relevant disciplines including ecology, environmental science, arboriculture, and environmentally sustainable construction. Additionally, SCMF has a Restoration team and a Trails Program that are locally based and regularly work on projects related to both focus areas (e.g. working with Corpsmembers on restoration of resilient and native habitats, building sustainable trails considering increased traffic and climate mitigation goals, and conducting public outreach and education). Over 75% of the youth entering the SCMF-UCC have at least three barriers for employment such as being justice-involved, unemployed, low-income, and being involved in the mental health or substance abuse system. Approximately 60% of young people entering the SCMF-UCC are eligible for food stamps and other federal assistance programs and have difficulty finding employment.
What activities will youth be working on? Please include brief descriptions of each job activity youth will be undertaking.
The Youth Service Corpsmembers under this program will work in cohorts of 10 members for a 6 month period, performing ignition reduction projects along wooded corridors (routes and heavily used trails) throughout the valley, sustainable trail maintenance, building, and restoration (utilizing hand tools and machinery with proper training), habitat restoration (via re-vegetation, seed 2025-2026 Youth Service Corps Program Narrative
3 | Page
broadcasting, fuel reduction and stand thinning, fence installation, etc.), and other project-relevant in visitor presence in Big Bear and the surrounding San Bernardino National Forest following the COVID-19 pandemic, habitat restoration/forest management activities and outreach are also crucial for climate resilience. Subsequently, environmental outreach and education will also be a focus of youth activity. Youth will staff kiosks in high visitor traffic areas to provide information on topics such as environmental stewardship, reducing anthropogenic impact on the Valley, and sustainable and climate resilient landscape management. The city has several existing projects related to focus areas that, if awarded, Corpsmembers would work on ignition reduction (using chainsaws, loppers and chippers along corridors) and trail maintenance and restoration/expansion for the: Stanfield Marsh Outdoor Recreation Area, Castle Rock, Rathbun, Knickerbocker Creek and the Happy Hills Trails. These efforts would prioritize improving accessible and inclusive recreational opportunities for all community members by reducing barriers to trail use, enhancing safe access, and strengthening community connectivity. Corpsmembers will work alongside the -on, on-the-job training, mentorship, and
exposure to municipal operations that build transferable skills and create pathways to future employment. Additionally, there are several Forest Service Recreation Sites in the area which are prime targets for ignition reduction projects such as the North Shore Fuel Reduction Project, and Trails such as the Woodland and Cougar Crest that need ignition reduction and restoration, and each of these projects have components of the aforementioned activities to provide community service, community wildfire protection, and climate resilience. In alignment with the shared landscape-scale management and climate resilience vision of public entities throughout the valley, including the Forest Service, San Bernardino County, and the City of Big Bear Lake, additional activities for the fulfillment of multi-jurisdictional projects may be added as logistical capacity allows.
What is the proposed start date for programming?
The proposed project start date is July 1, 2026. We anticipate 10 youth participants will be onboarded between contract signing and August 31, 2026, the remaining participants will be onboarded between September 1, 2026 - August 31, 2027.
Are you planning on using this funding for a summer employment program? No, the funding for this program will not be for summer employment, but rather a continuous employment plan for the duration of the performance period consisting of six-month cohorts.
Section 3: Youth Recruitment/Development (15 points)
How does the municipality plan to recruit youth?
The City of Big Bear Lake will primarily rely on the subgrantee for youth recruitment. SCMFUCC recruits opportunity youth to the conservation corps on a monthly basis through the Corpsmember Development Division, which has a team of staff experienced in and dedicated to 2025-2026 Youth Service Corps Program Narrative
4 | Page
recruiting youth from San Bernardino and surrounding areas. Youth are recruited from school districts, probation departments, parole departments, public housing, non-profit organizations, and other community spaces. This proven methodology will be applied to the recruitment of youth for the program. SCMF programs administered out of Big Bear are supported by hundreds of dedicated local volunteers and these connections will also be leveraged to assist in local youth development opportunities.
If you would like to propose your own priority criteria for participants in this program for California Volunteers approval, please do so in this section.
At this time the City of Big Bear Lake and its subgrantee SCMF-UCC will not be proposing our own priority criteria for its participants but rather will continue to use California Volunteers priority criteria.
What wrap-around services, if any, is the municipality or subgrantee planning to offer youth? Please indicate how these services will be delivered and tracked.
If awarded, the subgrantee SCMF will provide the wrap-around services that they already provide to UCC Corpsmembers, to the youth involved in this program. SCMF hires youth for a minimum of one year as part of their UCC Corpsmember Development. SCMF-UCC Corpsmembers are enrolled in career pathways programming that provide career exploration, job readiness training, and in-demand skills development that have enabled them to secure job placement in green industry fields including urban forestry, vegetation management, restoration, trails management, wildland firefighting, and recycling/solid waste management. Grant specific funding would allow the fellows to be offered a range of training and certificates including, but not limited to, First Aid, Bloodborne Pathogens, OSHA 10, Hazwoper, Chainsaw Safety, Chipper Specialist, and Tree Feller, as well as Naturalist and Leadership training. The SCMFUCC also provides case management and trauma-related services, as well as utilizing traumainformed curricula and wellness services to further reduce barriers to employment. SCMF staff based out of Big Bear are also able to provide additional training and education opportunities in ecology and conservation field methods, and climate science. SCMF - UCC has tracking systems in place to log training completed, barrier removal services, and soft-skills training provided for the duration of the program as evidenced by our Local Corps Certification.
What wage will youth be paid, if known? What length of time and how many hours do you anticipate the youth serving?
The youth will be paid between $18 - $23 per hour and will be offered up to 40 hours per week for approximately 992 hours each, in six-month cohorts.
Section 4: Metrics/Outcomes (10 points)
2025-2026 Youth Service Corps Program Narrative
5 | Page
Can the municipality provide the required metrics listed above to California Volunteers? The City and subgrantee will be able to provide required reporting metrics on a quarterly basis to California Volunteers.
Are there other metrics you will be collecting to determine the success of program? If so, please indicate which metrics.
Once enacted, the City and subgrantee will be able to provide the following additional data to California Volunteers: number of youth employed in program who were previously unemployed, number of youth who complete the program, percentage of youth employed after program completion, percentage of youth who report job satisfaction after one year employment (by survey and where applicable), percentage of youth who report an interest in a career in public service after one year of employment (by survey and where applicable), and job training evaluations.
Section 5: Budget/Staffing/Communications (25 points)
What is your proposed staffing plan for the program for the program? The subgrantee staffing plan includes one FT Program Coordinator, and 30 Fellows working FT in six-month cohorts, including 3 leadership positions. The FT Support Services Coordinator will provide wrap-around services to the Fellows for the duration of the program, while the Grants Manager will manage the grants compliance, invoicing, and reporting requirements. The city will provide a program liaison to support project reporting, administration, and implementation.
What amount of funding is your city/county requesting? How many youth will be served with this funding?
Detailed program budget is attached below. The budget includes direct costs, including wages and benefits for all staff supporting the program and supplies and contracts needed to execute crew operations. 30 youth will be served with this funding. A total of $ 1,128,153.89 is being requested.
Does your municipality commit to using California Volunteers developed branding and orientation for this program and participating in California Volunteers-organized events, trainings and activities as requested?
Yes, the City of Big Bear Lake commits to using California Volunteer developed branding for this program and will ensure that SCMF participates in California Volunteers-organized events, training and activities as requested.
Applicant:
Contact information: Sean Sullivan Assistant City Manager 909 866-5831 x113 [email protected] Items Description Calculation Total Budget % Allocation Cross Check Administrative Costs 5.0% $ 53,721.61
Total $ 53,721.61 4.76%
I - B. Direct Operating Costs (Must not exceed 30% of Total Award when combined with Section I-A. Administration) Items Description Calculation Total Budget % Allocation Cross Check Staff Wages & Benefits Program Coordinator $37.56 *3120 hrs $ 117,187.20 Vehicle Use Vehicle Daily Use Fee $80 * 372 days*2 $ 59,520.00 Supplies Project and Training Supplies $2,000 * 17 months $ 34,000.00 Total $ 210,707.20 23.44%
# Requested Hourly Salary # of Hours Total Budget % Allocation Cross Check 27 18.5 992 $ 495,504.00
3 22.5 1040 $ 70,200.00
$ -
30.00 $ 565,704.00 50.14%
Items Description Calculation Total Budget
FICA for Fellows 7.65% $ 43,276.36
SUI 1% $ 5,657.04
Worker's Compensation 9.23% $ 52,214.48
Health Care 3% of 70,200 $ 2,106.00
Retirement 3% of 70,200 $ 2,106.00
Total $ 105,359.88
Items Description Calculation Total Budget % Allocation Cross Check Contractual Services
Safety Trainings
First Aid, OSHA, Hazwoper, and/or similar $2,550 * 3 $ 7,650.00 Contractual Services Leadership Trainings $2,000 *3 $ 6,000.00 Contractual Services
Job Specific Training
Chainsaw, Chipper, Feller, Naturalist and/or similar
$23,000 *3 $ 69,000.00
Staff Wages & Benefits Support Services Coordinator $35.26*3120 hrs $ 110,011.20 Total $ 192,661.20 17.08%
Total Budget Request $ 1,128,153.89
Total # of Fellows 30.00
$ 1,074,432.28
Partner Status (Proposed or Secured) Contractual Amount Southern California Mountains
Foundation Secured $ 1,101,293.08
Total $ 1,101,293.08
List of Partners
Youth Service Corps Budget Template
City of Big Bear Lake
I - A. Administration (Must not exceed 10% of total award) II. Youth Service Corps Fellow Wages (Must be at least 50% of grant amount) III. CaliforniansForAll Youth Workforce Fellows - Other Fellow Costs IV. Program Wrap-Around Services (Not to Exceed 40% of Total Award) # LCI - Public
Exhibit B - Budget Detail
City of Big Bear Lake
JP2006-Y2526
City of Big Bear Lake
Agreement #JP2006-Y2526
EXHIBIT C
Budget Payment Provisions
California Volunteers,
Youth Service Corps
City of Big Bear Lake
LCI - Public
BUDGET PAYMENT PROVISIONS
1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].
2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an agreement amendment to Contractor to reflect the reduced amount.
City of Big Bear Lake
JP2006-Y2526
Exhibit D
California Volunteers - Reporting (Metrics, Deadlines and Process), Invoicing, Service Events and/or Member Convenings, Programmatic and Fiscal Document Retention
LCI - Public
Youth Service Corps Program
All Youth Service Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.
Reporting Metrics
Municipalities will be required to report the following metrics and demographic data monthly to California Volunteers through the cloud-based platform America Learns or in any other format or method specified by California Volunteers.
• Number of applications submitted for the program – (aggregated per municipality in monthly report)
• Number of open positions in the program – (aggregated per municipality in monthly report)
• Number participants in the program – (aggregated per municipality in monthly report)
• Number of participants serving in each identified focus area: Climate, Food Insecurity, Education, Public Service, and Other – (aggregated per municipality in monthly report)
• Number of participants actively serving as of the last day of the reporting period - (aggregated per municipality in monthly report) • Number of participants in a summer specific program, if applicable – (aggregated per municipality in monthly report) • Number of participants completing the program and/or exiting early for compelling or non-compelling reasons – (aggregated per municipality in monthly report)
• Total program hours served during the month of reporting – (aggregated per municipality in monthly report)
• Number of participants who identified as low-income – (aggregated per municipality in monthly report)
• Number of participants who identified as justice-involved – (aggregated per municipality in monthly report)
• Number of participants who identified as in or transitioning from foster care – (aggregated per municipality in monthly report)
City of Big Bear Lake
JP2006-Y2526
Exhibit D
California Volunteers - Reporting (Metrics, Deadlines and Process), Invoicing, Service Events and/or Member Convenings, Programmatic and Fiscal Document Retention
LCI - Public
• Number of participants who identified as engaged with the mental health or substance abuse system – (aggregated per municipality in monthly report)
• Number of participants who identify as homeless or formerly homeless – (aggregated per municipality in monthly report) • Other metrics as determined by California Volunteers
Municipalities will be required to conduct a California Volunteers-developed baseline exit survey with participants within 14 days of planned program exit (while still in service) and provide requested information in a format and method to be specified by California Volunteers.
Additionally, municipalities agree to make participant contact information available to California Volunteers as requested to use in program communications including, but not limited to:
• Name
• Zip code
• Phone number
• Email address
• Program completion status
• Other relevant information/data/stories
Reporting Deadlines:
Report Reporting Period Reports Due
Program Monthly The last day of the following
month.
Narrative Quarterly The last day of the third
month of the quarter,
Member Ongoing As members are onboarded
and exited
Host Site Ongoing As host sites are onboarded
and exited
Survey Ongoing As members exit program
City of Big Bear Lake
JP2006-Y2526
Exhibit D
California Volunteers - Reporting (Metrics, Deadlines and Process), Invoicing, Service Events and/or Member Convenings, Programmatic and Fiscal Document Retention
LCI - Public
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.
Reporting Process:
Municipalities will be required to report the following metrics and demographic data monthly to California Volunteers through the cloud-based platform America Learns or in any other format or method specified by California Volunteers.
Invoicing:
This grant is a cost-reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment. Grantees have the discretion to invoice monthly or quarterly.
Invoicing Deadlines:
Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted no later than the due date identified in the reporting deadlines above.
Service Events and/or Member Convenings:
Municipalities agree to incorporate California Volunteers’ materials into the onboarding and offboarding process and commit to having participants join at least one California Service Corps convening annually, as requested by California Volunteers.
Programmatic and Fiscal Document Retention
In line with State requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold City of Big Bear Lake
JP2006-Y2526
Exhibit D
California Volunteers - Reporting (Metrics, Deadlines and Process), Invoicing, Service Events and/or Member Convenings, Programmatic and Fiscal Document Retention
LCI - Public
them available for audit and inspection by the State for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.
PASS-THROUGH GRANT AGREEMENT
BETWEEN
THE CITY OF BIG BEAR LAKE, CALIFORNIA
AND
SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION
FOR THE
YOUTH SERVICE CORPS- COMPETITIVE PROGRAM
THIS PASS-THROUGH GRANT AGREEMENT (hereafter “Agreement”) is made by and between the CITY OF BIG BEAR LAKE, CALIFORNIA (hereafter “CITY”), a charter city and municipal corporation organized under the Constitution and laws of the State of California, and SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION (hereafter “SUBRECIPIENT”), a joint powers agency organized under the Constitution and laws of the State of California. CITY and SUBRECIPIENT are individually referred to herein as “Party” and collectively referred to herein as the “Parties”.
RECITALS:
WHEREAS, the CITY is the primary recipient of funding in the amount of One Million, One Hundred Twenty-Eight Thousand, One Hundred Fifty-Three Dollars and 89/100 ($1,128,153.89) under the California Volunteers (“CV”)’s Youth Service Corps Program (the “Grant”) to be used for the establishment of a trails crew to build and maintain trails, restore habitats, and perform other cleanup and mitigation activities across the City of Big Bear Lake and Big Bear Valley regional trails network (the “Project”); and
WHEREAS, while the CITY will be receiving the Grant, the CITY is partnering with SUBRECIPIENT to undertake the Project, and
WHEREAS, pursuant to the terms of this Agreement, SUBRECIPIENT will be responsible for the Project and the CITY will reimburse the SUBRECIPIENT for the Project cost, not to exceed One Million, One Hundred One Thousand Two Hundred Ninety-Three Dollars and 08/100 ($1,101,293.08).
AGREEMENT:
NOW, THEREFORE, based on the forgoing recitals and the following promises and covenants the Parties agree:
Item 1.12
Attachment 3
1. Project. SUBRECIPIENT shall undertake and complete the Project, which includes trail establishment and maintenance projects within the City of Big Bear Lake and throughout the Big Bear Valley. SUBRECIPIENT shall perform the Project between April 8, 2026 and December 31, 2027.
2. Reimbursement. The CITY shall reimburse the SUBRECIPIENT for the cost of the Project, up to the amount of the Grant less grant administration costs of $26,860.81, upon receipt of an invoice from the SUBRECIPIENT. If Project costs exceed the amount of the Grant, the SUBRECIPIENT shall submit an invoice to CITY in the amount of the Grant, depending on prior approval from the City. Said invoice shall delineate the total cost of the Project minus SUBRECIPIENT’s share of the expenses. Moreover, invoices shall submitted by SUBRECIPIENT quarterly in January, April, July, and October for the implementation years and shall be on the template stipulated by the grant awarding body.
Supporting documentation must be sufficient to show that the expenses were specifically incurred and paid in connection with the Project.
2. Additional Obligations of Subrecipient. Pursuant to, and to the extent provided in, this Agreement, Subrecipient shall take the following actions:
a. Provide the CITY all information that is reasonably needed for the CITY’s performance of its obligations hereunder and pursuant to the Grant. b. Ensure that all aspects of the Project and any aspect of SUBRECIPIENT’s participation in this Agreement and the actions contemplated of SUBRECIPIENT by this Agreement will be in compliance with the terms of the Grant and with all applicable law.
3. Insurance. SUBRECIPIENT, all contractors, and consultants hired to perform work or services on the Project shall be required to obtain and require their sub-consultants and sub-contractors to obtain, insurance of the types and in the amounts described below and satisfactory to the CITY. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last. a. Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(1) Name the CITY, its officials, officers, employees, agents, agencies, and consultants as insured with respect to performance of the work or services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(2) Be primary with respect to any insurance or self-insurance programs covering the CITY, its officials, officers, employees, agents, agencies, and consultants; and
(3) Contain standard separation of insured provisions.
b. Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and nonowned automobiles. c. Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.
4. Indemnification by Subrecipient. SUBRECIPIENT shall defend (with counsel of the CITY’s choosing), indemnify and hold the CITY, its officials, officers, employees, agents, agencies, and consultants free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any intentional or negligent acts, errors or omissions of the SUBRECIPIENT, its officials, officers, employees, agents, and consultants related to a breach of this Agreement, or any alleged act or omission arising out of the activities governed by this Agreement. The SUBRECIPIENT’s obligation to indemnify includes without limitation the payment of all consequential damages and reasonable attorneys’ fees, expert witness fees and other related costs and expenses of defense. The SUBRECIPIENT shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the CITY, its officials, officers, employees, agents, and consultants. The SUBRECIPIENT shall pay and satisfy any judgment, award or decree that may be rendered against the indemnified Party, its officials, officers, employees, agencies, agents, and consultants in any such suits, actions or other legal proceedings. SUBRECIPIENT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the other Party, its officials, officers, employees, agents, and consultants. This obligation to indemnify shall survive the termination, expiration, or cancellation of this Agreement.
5. Successors and Assigns. The SUBRECIPIENT binds themselves, their successors, assignees, executors and administrators in respect to all covenants of this Agreement. The SUBRECIPIENT shall not sign, sublet or transfer their interest in this Agreement without the written consent of the CITY.
6. Entire Agreement. This Agreement represents the entire and integrated agreement between parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all parties.
7. Grant Application and Applicable Law. The CITY’s Grant application and all applicable federal, state and local statutes and regulations are incorporated into this Agreement by this reference and are binding upon the SUBRECIPIENT.
8. Notices. Any notice to be given by any Party hereunder must be given in writing and delivered in person, or by a reputable nationwide overnight courier (e.g., Federal Express), or forwarded by certified or registered mail, postage prepaid, return receipt requested, or transmitted by electronic mail, unless the party giving such notice has been notified, in writing of a change of address:
CITY: SUBRECIPIENT:
City of Big Bear Lake
P.O. Box 10000
Big Bear Lake, CA 92315
Attn: City Manager
Southern California Mountains Foundation
1355 West 26th Street
San Bernardino, California 92405
Attn: Executive Director
Any such notice is effective on the date on which such notice is delivered, if notice is given by personal delivery or overnight courier, or electronic transmission (with electronic confirmation of receipt) or if notice is sent through the United States mail, on the date of actual delivery as shown by the addressee’s receipt or upon the expiration of three (3) calendar days following the date of mailing, whichever first occurs.
9. Assumption of Risk. THE CITY EXPRESSLY DISCLAIMS AND SUBRECIPIENT
EXPRESSLY ASSUMES ANY AND ALL LIABILITY FOR DEATH, PERSONAL
INJURY OR PROPERTY DAMAGE TO THIRD PARTIES OR TO SUBRECIPIENT
ARISING FROM OR IN CONNECTION WITH ANY AND ALL ASPECTS OF THE
PROJECT, INCLUDING, BUT NOT LIMITED, TRAIL ESTABLISHMENT AND MAINTENANCE ACTIVITIES.
10. Attorney’s Fees. If either party commences an action against the other party, other legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
11. Governing Law. The Agreement shall be governed by the laws of California. Venue shall be in the County of San Bernardino.
12. Termination. This Agreement may be terminated upon any of the following conditions:
(A)If, for any cause, the SUBRECIPIENT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the SUBRECIPIENT shall violate any of the covenants, agreements, or stipulations contained herein, the CITY shall have the right to terminate this Agreement if such default or violation is not corrected within twenty (20) days after written notice is sent to the SUBRECIPIENT describing such default or violation.
(B) The CITY may terminate this Agreement without recourse in the event that, for any reason, Grant funds are not appropriated, allotted, or available to the CITY for the purpose of meeting the CITY’s obligation hereunder. The CITY will provide written notice of such termination to the SUBRECIPIENT at least five (5) days prior to the effective date of termination.
(C) Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least forty-five (45) days in advance of such termination date.
IN WITNESS WHEREOF, the Parties hereunto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated, in consideration of the mutual covenants, promises and representations herein.
CITY OF BIG BEAR LAKE, CALIFORNIA:
Date:
Erik Sund, City Manager
ATTEST:
Date:
Erica Stephenson, City Clerk
APPROVAL AS TO FORM:
Date:
HongDao Nguyen, City Attorney
SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION:
Date:
Stacy Gorin, Executive Director
Date:
Mike Jasberg, President of the Board
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, City Clerk
Jake Sheffield, Information Technology Manager
SUBJECT: Authorize a Contract for the City Council Chambers and Broadcast Area AudioVisual Upgrade Project
BACKGROUND & DISCUSSION
The City of Big Bear Lake has historically invested in audio-visual (AV) infrastructure to support public meetings, transparency, and Public, Educational, and Government (PEG) broadcasting.
PEG Access Television was established by federal law in the 1970s to ensure that communities had a local platform educational programming and public access. They offer an accessible platform for local government meetings, school events, arts, and culture. PEG funds are financial resources derived from fees paid by cable television providers to local governments as required by State law and Municipal Code section 6.28. These funds are used exclusively to support public access, governmental access, and educational access.
Past City Council actions established and reauthorized PEG fees to fund capital equipment, upgrades, and replacements necessary to support broadcasting and public access programming.
These funds have been used over time to implement and refresh video production, audio systems, and broadcast workflows to meet evolving operational and public access needs.
Much of the existing AV infrastructure within the Council Chambers and associated broadcast areas is aging and increasingly difficult to support. Components are approaching end-of-life, lack modern integration capabilities, and present operational limitations during live meetings, hybrid participation, and recording or rebroadcast of meetings.
In response to these challenges, staff evaluated options to modernize the City’s AV environment in a manner consistent with prior PEG-funded projects and Council direction emphasizing reliability, clarity, accessibility, and long-term sustainability.
Ireland Sound Systems, Inc. has provided a comprehensive proposal to upgrade the City Council Chambers and broadcast area AV systems. The proposal is being advanced through the use of a cooperative “piggyback” purchasing agreement administered by the California Multiple Award Schedules (CMAS) program, allowing the City to leverage competitively bid pricing and contract terms already established by the State of California (see Attachment 3). Piggybacking is allowed pursuant to the City’s Purchasing Policy #1981-00, 4. Exceptions to Standard Purchasing Procedures, c. Cooperative Purchasing.
Item 1.13
The proposed improvements focus on replacing outdated equipment and consolidating audio, video, and control systems into a modern, integrated platform designed specifically for municipal meeting environments.
The proposed upgrade includes improvements to audio capture and reinforcement for City Council members, staff, and presenters; enhanced video switching and signal routing for live meetings and broadcasts; modern control interfaces to simplify operation; and infrastructure updates to improve system reliability and maintainability. Collectively, these enhancements are intended to improve meeting audio intelligibility, video quality, and overall production consistency for both in-room participants and viewers accessing meetings via cable broadcast or streaming platforms.
The system is designed to support current operational requirements while allowing flexibility for future expansion, including additional streaming, recording, or hybrid meeting capabilities, without requiring significant reinvestment in core infrastructure.
FISCAL IMPACT
The estimated total cost of the proposed City Council Chambers and Broadcast Area Audio-Visual Upgrade Project would be a not to exceed agreement of $325,000, which includes a contingency for miscellaneous costs. The cost of this proposed project is consistent with prior PEG-funded capital improvement projects for broadcast and meeting infrastructure. Funding for this project is anticipated to be paid from available PEG Access Fund Balance, which is restricted for public, educational, and government access purposes, including equipment purchases, upgrades, and replacements.
Estimated cost – Audio-Visual upgrade = $318,759.24
Estimated contingency (less than 2%) = $ 6,240.76
Total Estimated Project cost = $325,000.00
Approval of this item does not impact the City’s General Fund.
Description Fund
GL
Account
No.
Type
(Rev/Exp)
FY 25/26
Budget
Proposed
Adjustment
FY 25/26
Amended
Budget
Capital
Outlay
295 – PEG
ACCESS
295-4615-
3951 Exp $75,000 $325,000 $400,000
ENVIRONMENTAL CONSIDERATIONS
This action is not subject to environmental review pursuant to CEQA.
CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priority No. 1 “Support and invest in sustainable infrastructure projects and programs consistent with the needs of our community”.
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing a Contract with Ireland Sound Systems, Inc. for the City Council Chambers and Broadcast Area Audio-Visual Upgrade Project, in an Amount not to Exceed $325,000, and Approving a Budget Appropriation to the City’s Fiscal Year 2025-26 Budget from the PEG Access Fund Balance to Complete this Project.
ATTACHMENTS
1. Resolution No. 2026-XX
2. Ireland Sound System Proposal PR-1520
3. CMAS Agreement 3-25-08-1028 https://cmassearch-prod.apps.dgs.ca.gov/ RESOLUTION NO. 2026-XX__
RESOLUTION AUTHORIZING A CONTRACT WITH IRELAND SOUND
SYSTEMS, INC. FOR THE CITY COUNCIL CHAMBERS AND BROADCAST
AREA AUDIO-VISUAL UPGRADE PROJECT, IN AN AMOUNT NOT TO
EXCEED $325,000, AND APPROVING A BUDGET APPROPRIATION TO THE CITY’S FISCAL YEAR 2025-26 BUDGET FROM THE PEG ACCESS
FUND BALANCE TO COMPLETE THIS PROJECT
WHEREAS, the City of Big Bear Lake has historically invested in audio-visual infrastructure to support public meetings, transparency, and Public, Educational, and Government (PEG) broadcasting; and,
WHEREAS, PEG Access funds are financial resources derived from fees paid by cable television providers to local governments as required by State law and Municipal Code Section 6.28. These funds are restricted revenues, that the City uses exclusively to purchase the capital equipment necessary to enable public meeting recording and broadcasting; and, WHEREAS, much of the existing audio-visual equipment within the City Council Chambers and associated broadcast areas is aging, increasingly difficult to support, and approaching end-of-life; and,
WHEREAS, Ireland Sound Systems, Inc. has provided a comprehensive proposal to upgrade the City Council Chambers and broadcast area audio-visual systems by replacing outdated equipment and consolidating audio, video, and control systems into a modern, integrated platform designed for municipal meeting environments; and,
WHEREAS, the proposal is being advanced through the use of a cooperative “piggyback” purchasing agreement administered by the California Multiple Award Schedules (CMAS) program, allowing the City to leverage competitively bid pricing and contract terms already established by the State of California. The City’s use of piggybacking is authorized pursuant to the City’s purchasing policy; and,
WHEREAS, the estimated total cost of the proposed audio-visual upgrade is $325,000, and funding for this project is anticipated to be paid from available PEG Access funds, which are restricted for public, educational, and government access purposes, including equipment purchases, upgrades, and replacements.
WHEREAS, it is recommended that an appropriation of $325,000 needed to complete this project be included in the Fiscal Year 2025-26 Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1. A contract is awarded to Ireland Sound Systems, Inc. for the City Council Chambers and Broadcast Area Audio-Visual Upgrade Project, in an amount not to exceed $325,000.
Item 1.13
Attachment 1
2. The City Manager is authorized to execute the contract in a form approved by the City Attorney.
3. A budget appropriation in the amount of $325,000, derived from the PEG Access Fund Balance, is approved to be incorporated into the City’s Fiscal Year 2025-26 Budget.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
Project Summary
Item 1.13
Attachment 2
2 3
4 5
6 7
8 9
10 11
12 13
14 Item 1.13
Attachment 3
PUBLIC
HEARING REPORTS
April 8, 2026
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Kelly Tinker, Acting Director of Community & Economic Development Rachel Bowman, Administrative Services Manager
SUBJECT: Introduction of an Ordinance Amending the City’s Regulations Related to Transient Occupancy Tax, Business Licenses, General Penalties, Administrative Citations and Hearings, Public Nuisances, and Vacation Rentals to Implement Senate Bill 346 and Support Transient Occupancy Tax Compliance
BACKGROUND & DISCUSSION
The City of Big Bear Lake has established a comprehensive regulatory framework within its Municipal Code to support a sustainable tourism-based economy. These regulations form the foundation for how the City protects the overall quality of life for residents, supports the local business community, and manages the impacts of a high-volume visitor economy. Key components of that framework include:
- Transient Occupancy Tax (TOT) requirements, which generate critical revenue to fund essential City services such as public safety, infrastructure, and community development. - Business licensing regulations, which ensure that businesses operating within the City are doing so in a lawful and accountable manner.
- Vacation rental regulations, which establish operational standards, permitting requirements, and tax obligations to help balance visitor activity with neighborhood livability.
- Enforcement provisions, including administrative citations and penalties, which provide the City with the tools needed to respond to violations and maintain compliance across these areas.
Staff is proposing a series of amendments across multiple Titles of the Municipal Code (Titles 1, 3, 4, 5, and 8). While these amendments touch several sections of the Code, they are being driven by two specific policy objectives: the implementation of Senate Bill 346 (SB 346) and strengthening the City’s ability to enforce TOT collection.
Implementation of Senate Bill 346: Short-Term Rental Facilitator Requirements Effective January 1, 2026, SB 346 authorizes local jurisdictions to require short-term rental facilitators, such as online hosting platforms like Airbnb and VRBO, to share information and comply with local regulatory requirements. To bring the Municipal Code into alignment with State law, the proposed amendments will:
- Establish a formal definition of “short-term rental facilitator” consistent with Government Code provisions.
Item 2.1
- Require rental facilitators to provide information related to short-term rental listings and activity within the City, improving transparency and overall program oversight. - Clarify that rental facilitators may be responsible for the collection and remittance of TOT and applicable assessments when they are facilitating transactions. - Integrate these facilitators into the City’s existing regulatory and enforcement framework to ensure consistency and accountability across all short-term rental operations.
These updates are important because they reflect how the short-term rental market actually operates today, with the majority of transactions occurring through third-party platforms. By formally incorporating rental facilitators into the City’s regulatory structure, the City is better positioned to monitor rental activity, ensure compliance, and maintain a level playing field across all different types of operators.
Enhancing TOT Compliance and Enforcement Capabilities
Transient Occupancy Tax continues to be one of the City’s most significant and reliable revenue sources. Ensuring that these revenues are properly remitted and collected is critical to maintaining the level of service expected by residents, businesses, and visitors. The proposed amendments strengthen the City’s enforcement framework by:
- Expanding available enforcement mechanisms to include administrative, civil, and alternative criminal remedies, allowing the City to select the most appropriate tool depending on the situation.
- Clarifying the City’s authority to record liens against properties for unpaid TOT, including cases where the operator and property owner are different parties. - Enhancing provisions related to successor liability, ensuring that outstanding tax obligations are addressed during the sale or transfer of a business or property. - Requiring clearer identification of and notice to property owners regarding TOT obligations, improving overall accountability and transparency. - Reinforcing that enforcement remedies are cumulative, providing flexibility and efficiency in addressing non-compliance.
These updates are intended to give the City greater options related to TOT collection and enforcement, and increase the effectiveness of those options when dealing with delinquent accounts and non-compliant operators, while still maintaining a fair and transparent compliance process.
Consistency in Municipal Code Language and Technical Updates In addition to these two primary objectives, the ordinance also includes limited updates across several chapters to ensure consistency and alignment within the Code, particularly with respect to definitions and terminology (such as “short-term rental facilitator”). These updates are administrative in nature and help to align related Code sections (such as TOT, Business Licensing, Vacation Rentals, and enforcement provisions) so that they function cohesively, and make the Code easier to understand for operators, property owners, and the public.
FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended ordinance.
ENVIRONMENTAL CONSIDERATIONS
The City Council finds that the proposed amendments to the Big Bear Lake Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the following City Council strategic priorities:
1. Ensure fiscal responsibility.
2. Preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.
RECOMMENDED ACTION
It is recommended that the City Council conduct a public hearing to hear any and all testimony, read the title, waive further reading and introduce an ordinance entitled: An Ordinance of the City Council of the City of Big Bear Lake, California, Amending Certain Sections of Chapter 3.20 ("Transient Occupancy Tax") of Title 3 ("Revenue and Finance"), Chapter 5.02 (“Business Licenses”) Of Title 5 (“Business Licenses, Taxes, and Regulations”), Chapters 1.16 (“General Penalties”) and 1.17 (“Administrative Citations and Hearings”) of Title 1 (“General Provisions”), Chapter 8.80 (“Public Nuisances”) of Title 8 (“Health and Safety”), and Chapter 4.01 (“Vacation Rentals”) of Title 4 (“Visitor-Serving Uses and Tourism”) of the Big Bear Lake Municipal Code to Update and Streamline the City’s Procedures for Transient Occupancy Tax, Business License Regulations, Penalty Provisions, and Obligations of Short-Term Rental Facilitators and Make Other Technical Amendments to Said Provisions; and Finding these Amendments Exempt from the California Environmental Quality Act (CEQA).
ATTACHMENTS
1. Ordinance 2026-xxx
2. Ordinance 2026-xxx - Exhibit A – Redline Version
ORDINANCE NO. 2026-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR
LAKE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER
3.20 ("TRANSIENT OCCUPANCY TAX") OF TITLE 3 ("REVENUE AND FINANCE"), CHAPTER 5.02 (“BUSINESS LICENSES”) OF TITLE 5 (“BUSINESS LICENSES, TAXES, AND REGULATIONS”), CHAPTERS 1.16 (“GENERAL PENALTIES”) AND 1.17 (“ADMINISTRATIVE CITATIONS AND HEARINGS”) OF TITLE 1 (“GENERAL PROVISIONS”), CHAPTER
8.80 (“PUBLIC NUISANCES”) OF TITLE 8 (“HEALTH AND SAFETY”).
AND CHAPTER 4.01 (“VACATION RENTALS”) OF TITLE 4 (“VISITORSERVING USES AND TOURISM”) OF THE BIG BEAR LAKE MUNICIPAL
CODE TO UPDATE AND STREAMLINE THE CITY'S PROCEDURES FOR
TRANSIENT OCCUPANCY TAX, BUSINESS LICENSE REGULATIONS,
PENALTY PROVISIONS, AND OBLIGATIONS OF SHORT-TERM
RENTAL FACILITATORS AND MAKE OTHER TECHNICAL
AMENDMENTS TO SAID PROVISIONS; AND FINDING THESE
AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
WHEREAS, the City Council of the City of Big Bear Lake previously elected to enact transient occupancy tax requirements and related regulations in Chapter 3.20 of Title 3 of the Big Bear Lake Municipal Code as authorized by Revenue and Taxation Code section 7280 and other laws, business license requirements and related regulations in Chapter 5.02 of Title 5 of the Big Bear Lake Municipal Code as authorized by Business and Professions Code section 16000 et seq., penalty and violation provisions in Chapters 1.16 and 1.17 of Title 1 and Chapter 8.80 of Title 8 of the Big Bear Lake Municipal Code as authorized by Government Code sections 36900, 38773.5, and other laws, and requirements for owners and hosting platforms for vacation rentals and related regulations in Chapter 4.01 of Title 4 of the Big Bear Lake Municipal Code as authorized by the City’s police powers, Government Code sections 37100 and 37101, and other laws; and,
WHEREAS, pursuant to Chapter 3.20 of Title 3 of the Big Bear Lake Municipal Code (B.B.L.M.C. §§3.20.010 through 3.20.310), the City imposes a transient occupancy tax on the occupancy of rooms, lodging, or other accommodations in hotels, inns, and similar lodging establishment for stays with periods of thirty (30) consecutive days or less, which transient occupancy tax is collected by the operator from the transient and remitted to the City, subject to the conditions and regulations as provided in Chapter 3.20; and, WHEREAS, pursuant to Chapter 5.02 of Title 5 of the Big Bear Lake Municipal Code (B.B.L.M.C. §§ 5.02.010 through 5.02.410), the City requires that persons engaging in or carrying on any business within the City to obtain and maintain a valid business license and comply with applicable licensing requirements, including the remittance of any transient occupancy tax by any operator of a hotel, inn, or other lodging business, subject to the conditions and regulations as Item 2.1
Attachment 1
provided in Chapter 3.20; and,
WHEREAS, pursuant to Chapters 1.16 and 1.17 of Title 1 and Chapter 8.80 of Title 8 of the Big Bear Lake Municipal Code (B.B.L.M.C. §§ 1.16.010 through 1.16.020, 1.17.010 through
1.17.140, and 8.80.010 through 8.80.130), the City has established various penalty and violation provisions governing consequences of violating provisions of the Big Bear Lake Municipal Code, subject to the conditions and regulations as provided in Chapter 1.16, 1.17, and 8.80; and, WHEREAS, pursuant to Chapter 4.01 of Title 4 of the Big Bear Lake Municipal Code (B.B.L.M.C. §§ 4.01.010 through 4.01.110), the City regulates the operation of vacation-rental properties within the City through licensing requirements, operational standards, the collection of transient occupancy taxes and its related reporting obligations, and enforcement provisions applicable to vacation-rental owners, their agents, and hosting platforms, subject to the conditions and regulations as provided in Chapter 4.01; and,
WHEREAS, in executing the regulations in the above-mentioned Chapters of the Big Bear Lake Municipal Code, City staff has determined that certain provisions would be benefited by revisions for clarity as well as for streamlining and enhancing the language to allow for both greater transparency and understanding of the public and additional optionality for the City to protect the public when enforcing the regulations in the above Chapters; and, WHEREAS, Senate Bill 346 took effect on January 1, 2026, which allows cities to compel “shortterm rental facilitators” to share information about short-terms rentals operating within each city’s jurisdiction and City staff has identified amendments to Chapter 4.01 of the Big Bear Lake Municipal Code to account for Senate Bill 346’s new authorizations for the City; and, WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. CEQA. The City Council finds that the proposed amendments to the Big Bear Lake Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
SECTION 3: Code Amendment to Title 3. Chapter 3.20 of Title 3 of the Big Bear Lake Municipal Code is hereby amended to read as follows:
Chapter 3.20 - TRANSIENT OCCUPANCY TAX
3.20.010 - Short title.
The short title of this chapter shall be known as the "Transient Occupancy Tax Ordinance."
3.20.020 – Definitions.
Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter:
A. "Hotel" means any structure, or any portion of any structure, which is occupied, intended or designed for use or occupancy by transients, including but not limited to dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house, or portion thereof, duplex, triplex, singlefamily dwelling units, and vacation rentals.
B. "Occupancy" means the use or possession, or the right to the use or possession, of any room, rooms or any portion thereof offered for rent for dwelling, lodging or sleeping purposes, regardless of the purpose for which such rooms are rented.
C. "Operator" means the person who is proprietor of the hotel whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his/her functions through a managing agent of any type or character, the managing agent shall also be deemed an operator for the purpose of this chapter, and shall have jointly and severally the same duties and liabilities as his/her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.
D. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.
E. "Rent" means the amount of the consideration charged or chargeable to the tenant for the occupancy of space, valued in money whether received in money, goods, labor or otherwise, including in full value of receipts, cash, credits, property or services of any kind or nature, without any deduction whatsoever. It is not the intent of this subsection to make the operator liable for the tax on uncollected rent. However, uncollected rent must be reported.
F. “Short-term rental facilitator” as defined by Government Code section 50991(g) and herein means a person or entity that facilitates for consideration, regardless of whether it is deducted as fees from the transaction, the occupancy of a short-term rental that is not owned by the person facilitating the rental, through a marketplace operated by the person or a related person or entity, and that does both of the following:
1. Directly or indirectly, through one or more related persons, engages in any of the following:
a. Transmits or otherwise communicates the offer or acceptance between the purchaser and the operator.
b. Owns or operates the infrastructure, electronic or physical, or technology that brings purchasers and operators together.
c. Provides a virtual currency that purchasers are allowed or required to use to facilitate the occupancy of a short-term rental from the operator. d. Software development or research and development activities related to any of the activities described in paragraph (2), if such activities are directly related to facilitating short-term rentals.
2. Directly or indirectly, through one or more related persons, engages in any of the following activities with respect to facilitating short-term rentals:
a. Payment processing services.
b. Listing homes, houses, or rooms in homes or houses, campsites, or other lodgings that are not a hotel or motel, and that are not owned by that person or a related person, for rental on a short-term basis.
c. Setting prices.
d. Branding short-term rentals as those of the short-term rental facilitator. e. Taking orders or reservations.
Short-term rental facilitator includes a hosting platform or hosting site as defined in Chapter 4.01.
For purposes of this definition, marketplace as defined by Government Code section 50991(c) and herein means a physical or electronic place, including, but not limited to, a store, booth, internet website, catalog, television or radio broadcast, or a dedicated sales software application, where a marketplace seller facilitates the occupancy of a short-term rental for delivery in this state.
G. "Tax administrator" means the city manager or his/her designated agent.
H. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of twenty-eight (28) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient if his actual total period of occupancy does not exceed twenty-eight (28) days.
I. "Vacation rental" means a residential dwelling unit subject to licensing as a vacation rental pursuant to Chapter 4.01.
J. "Lodging business" means hotel and vacation rental as defined above.
K. "Agent" means a person designated by the operator to perform the duties required by this chapter.
L. "Owner” or “Property owner” means the person who owns the property where the hotel subject to this Chapter is located, whether in the capacity as operator of the hotel or not.
3.20.030 - Tax imposed. Modified
A. For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax on the rent charged by an operator, as follows:
1. As of January 1, 2024, a tax in the amount of nine percent; and
2. As of January 1, 2025, a tax in the amount of ten percent.
B. Insofar as the transient is concerned, the tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city.
3.20.035 - Tourism business improvement district assessment.
A. The city council renewed by resolution the Big Bear Lake Tourism Business Improvement District (BBLTBID) for a period of ten (10) years effective April 1, 2021.
B. The assessment is levied upon ski resort businesses and lodging businesses as defined by this chapter.
C. Payment of assessments shall be made by operators, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a short-term rental facilitator, along with their tax obligations pursuant to the same provisions for tax collection contained in this chapter.
3.20.040 - Exemptions.
A. No tax shall be imposed upon:
1. Any person as to whom, or any occupancy as to which it is beyond the power of the city to impose the tax herein provided;
2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
B. No exemptions shall be granted except upon a claim therefor made at the time the rent is collected and under penalty of perjury upon a form prescribed by the tax administrator.
3.20.050 - Operator's and Short-Term Rental Facilitator’s duties.
Each operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of the tax and BBLTBID assessment shall be separately stated from the amount of the rent charged. No operator or shortterm rental facilitator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator or shortterm rental facilitator; or that it will not be added to the rent; or that, if added, any part will be refunded, except in the manner hereinafter provided. Operators or short-term rental facilitator may designate and assign these obligations to an agent. Such an action does not relieve the operator or short-term rental facilitator of all responsibilities contained in this chapter. Use of a short-term rental facilitator does not absolve any operator of their duties under this chapter.
Operators, and where operators use a short-term rental facilitator to collect assessments under this chapter, and short-term rental facilitators, have equal responsibility under this chapter.
3.20.060 - Permit required—Application.
A. Every person desiring to engage in or conduct business as operator of a hotel renting to transients within the city shall file with the tax administrator an application for a transient occupancy registration permit for each place of business. Every application for such a permit shall be made upon a form prescribed by the tax administrator and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place of business, the owner of the property, if different from the operator, and such other information as the tax administrator may require. The application shall be signed by the operator, if a natural person, by a member or partner if an association or partnership, or by an executive officer or some person specifically authorized by the corporation to sign the application in the case of a corporation. The transient occupancy registration permit must be in effect at all times while the business is in operation and shall be at all times posted in a conspicuous place on the premises. The permit shall, among other things, state the following:
1. Name of hotel;
2. Name of operator;
3. Name of property owner, if different from operator;
4. Hotel address;
5. The date upon which the permit was issued;
6. "This Transient Occupancy Registration Permit signifies that the person named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax Chapter by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting the tax to the Tax Administrator. This Permit does not authorize any person to conduct any lawful business in any unlawful manner, nor operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit or license from any board, commission, department or office of this City. This Permit does not apply in lieu of such other permits which are otherwise required."
7. “This Transient Occupancy Registration Permit signifies that the property owner acknowledges and understands that the property will be operated as a hotel subject to the City’s Transient Occupancy Tax requirements in Chapter 3.20 of the Big Bear Lake Municipal Code and that the failure to collect or remit such Transient Occupancy Taxes and other amounts as set forth in Chapter 3.20 may result in enforcement action by the City, including but not limited to, the recordation of a lien against the property.”
B. The lack of a registration permit shall not void the requirement of non-registered operators or non-licensed vacation rental operators from collecting and remitting transient occupancy tax and BBLTBID assessment.
3.20.070 - Returns and remittances.
The tax imposed under Section 3.20.030 is:
A. Due to the tax administrator at the time it is collected by the operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a short-term rental facilitator; and
B. Becomes delinquent and subject to penalties if not received by the tax administrator on or before the last working day of the month following the close of each calendar month.
3.20.080 - Reporting and remitting.
Each operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided or requested by the city, of the total rents charged and received and the amount of tax collected for transient occupancies and the average number of rental units available during the remittance period, the total number of unit bookings (per individual/group) during the remittance period, and number of unit nights that were rented. Effective January 1, 2022, the due date shall be on or before the last day of the month following the close of each calendar month. Each such return shall contain a declaration under penalty of perjury, executed by the operator, short-term rental facilitator where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, or his authorized agent, that to the best of the signatory's knowledge, the statements in the return are true, correct and complete. Amounts claimed on the return as exempt from the tax pursuant to Section 3.20.040 shall be fully itemized and explained on the return or supporting schedule. In determining the amount of taxable receipts on the tax return, rent as defined in subsection 3.20.020E., may not be reduced by any business expenses, including, but not limited to, the amount of service charges deducted by credit card companies, advertising or online platform fees, or commissions paid to travel agencies. At the time the return is filed, the tax fixed at the prevailing transient occupancy tax rate for the amount of rentals charged or chargeable, which are not exempt from tax under Section 3.20.040, and BBLTBID assessments shall be remitted to the tax administrator by the operator and/or short-term rental facilitator. The tax administrator may establish other reporting periods and may require a cash deposit or bond, or a separate trust fund bank account for any permit holder if deemed necessary in order to ensure collection of the tax, and may require further information in the return and/or that the return be submitted in an alternative format, including by not limited to, paper remittance forms, excel files, or through an online/digital platform by the operator and/or short-term rental facilitator. All taxes collected by operators or short-term rental facilitators pursuant to this chapter shall be held in trust for the account of the city until remittance thereof is made to the tax administrator.
3.20.090 - Cessation of business.
Each operator shall notify the tax administrator, ten (10) days prior to the sale or cessation of business for any reason, and returns and remittances are due immediately upon the sale or cessation of business.
3.20.100 - Delinquency—Interest and penalties.
Any operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, who fails to remit any tax and BBLTBID assessment to the city or any amount of tax and BBLTBID assessment required to be collected and remitted to the city, including amounts based on determination made by the tax administrator under Section 3.20.120, within the time required, shall pay a penalty of ten percent (10%) of the tax or amount of the tax and BBLTBID assessment in addition to the tax and BBLTBID assessment or amount of tax and BBLTBID assessment plus interest at the rate of one percent per month, or fraction thereof, from the date on which the tax and BBLTBID assessment or the amount of tax and BBLTBID assessment required to be collected becomes delinquent until the date of remittance or payment.
Any operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, who fails to pay any penalty imposed under this section within ten (10) days after receipt of notice thereof shall pay interest thereon at the rate of one percent per month, or fraction thereof, from the date on which the penalty becomes due and payable to the city until the date of payment.
3.20.110 - Fraud—Penalty.
If the tax administrator determines that the failure to make any remittance or payment due under this chapter is due to fraud, a penalty of one hundred percent (100%) of the amount of the tax, BBLTBID assessment and penalties shall be added thereto in addition to the penalties stated in Section 3.20.100.
3.20.120 - Failure to collect and report tax—Estimation of taxes due—Notification— Hearing.
If any operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, fails or refuses to collect the tax and BBLTBID assessment and to make, within the time provided in this chapter, any report and remittance of the tax and BBLTBID assessment or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of tax and BBLTBID assessment due. As soon as the tax administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax and BBLTBID assessment imposed by this chapter payable by any operator or short-term rental facilitator who has failed or refused to collect the same to make such report and remittance, he shall proceed to determine and assess against such operator or short-term rental facilitator the tax, BBLTBID assessment, interest and penalties provided for by this chapter. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally, via email with evidence of receipt, or by depositing it in the United States mail, postage prepaid, addressed to the operator or short-term rental facilitator so assessed at his last known address.
Such operator or short-term rental facilitator may within ten (10) days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator or short-term rental facilitator for a hearing is not made within the time prescribed, the tax, BBLTBID assessment, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give not less than five days' written notice in the manner prescribed herein to the operator or short-term rental facilitator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, BBLTBID assessment, interest and penalties. At such hearing, the operator or short-term rental facilitator may appear and offer evidence why such specified tax, BBLTBID assessment, interest and penalties should not be so fixed. After such hearing the tax administrator shall determine the proper tax and BBLTBID assessment to be remitted and shall thereafter give written or electronic notice to the person in the manner prescribed herein of the determination and the amount of such tax, BBLTBID assessment, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in Section 3.20.130.
3.20.130 - Appeal.
Any operator or short-term rental facilitator aggrieved by any decision of the tax administrator with respect to the amount of any tax, interest and penalties, if any, may appeal to the city manager by filing a notice of appeal with the city clerk within fifteen (15) days of the serving of the assessment or determination of tax and penalties, if any, due. The city manager shall fix a time and place for hearing the appeal, and the city clerk shall give notice in writing to the operator or short-term rental facilitator at his last known address. The findings of the city manager shall be final and conclusive and shall be served upon the appellant in the manner prescribed above of service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.
3.20.140 - Records to be kept—Inspection—Subpoena.
It shall be the duty of every operator or short-term rental facilitator liable for the collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter to keep and preserve, for a period of three years, records in such form as the tax administrator may require to determine the amount of such tax. The tax administrator shall have the right to inspect such records at all reasonable times and may subpoena the records of any operator or short-term rental facilitator who refuses to make them available for examination.
3.20.150 - Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections B. and C. of this section, provided a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claims shall be on forms furnished by the tax administrator.
B. An operator or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a short-term rental facilitator, may claim a refund for the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the person or credited to rent subsequently payable by the person to the operator or shortterm rental facilitator.
C. A transient may obtain a refund of taxes overpaid or paid more than once erroneously, or illegally collected or received by the city, by filing a claim in the manner provided in subsection A. of this section, but only when the transient, having paid the tax to the operator or short-term rental facilitator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator or short-term rental facilitator who collected the tax.
D. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records.
E. Overpayments of taxes and assessments caused by mathematical error of the operator or short-term rental facilitator will be refunded only upon request of the operator or shortterm rental facilitator and such requests must be made within forty-five (45) days of overpayment.
3.20.160 - Revocation of permit.
Whenever any operator or short-term rental facilitator fails to comply with any provision of this chapter relating to occupancy tax, or any rule or regulation of the tax administrator relating to occupancy tax prescribed and adopted under this chapter, the tax administrator upon hearing, after giving the operator ten (10) days notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may suspend or revoke any one or more of the permits. The notices herein required may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. The tax administrator shall not issue a new permit after the revocation of a permit unless he is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the occupancy tax and regulations of the tax administrator. Vacation rental license holders are also subject to the revocation of the vacation rental license associated with the property if found to be in violation of this chapter and are subject to administrative citations pursuant to Chapter 4.01.
3.20.170 - Closure of hotel without permit.
During any period of time during which a permit has not been issued, or is suspended, revoked or otherwise not validly in effect, the tax administrator may require that the hotel be closed.
3.20.180 - Recording certificate—Lien.
If any amount required to be remitted or paid to the city under this chapter is not remitted or paid when due, the tax administrator may, within three years after the amount is due, file for record in the office of the county recorder a certificate specifying the amount of tax, penalties and interest due, the name and address as it appears on the records of the tax administrator of the operator liable for the same, and the fact that the tax administrator has complied with all provisions of this chapter in the determination of the amount required to be remitted and paid. From the time of the filing for record, the amount required to be remitted, together with penalties and interest, constitutes a lien upon all real property in the county owned by the operator or afterward and before the lien expires acquired by the operator and/or a lien upon the property where the hotel operates whether the operator is the owner of the property or not. The lien has the force, effect and priority of a judgment lien and shall continue for ten (10) years from the time of filing of the certificate unless sooner released or otherwise discharged.
3.20.190 - Priority and lien of tax.
A. The amounts required to be remitted and/or paid by any operator under this chapter, with penalties and interest, shall be satisfied first in any of the following cases:
1. Whenever the person is insolvent;
2. Whenever the person makes a voluntary assignment of his assets;
3. Whenever the estate of the person in the hands of executors, administrators or heirs is insufficient to pay all the debts due from the deceased;
4. Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this chapter are levied upon by process law.
This chapter does not give the city a preference over any recorded lien which attached prior to the date when the amounts required to be paid became a lien.
B. The preference given to the city by this section shall be subordinate to the preferences given to claims for personal services by Sections 1204 and 1205 of the Code of Civil Procedure.
3.20.200 - Warrant for collection of tax.
At any time within three years after any operator is delinquent in the remittance or payment of any amount herein required to be remitted or paid, including where an operator utilized a shortterm rental facilitator to facilitate the collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, or within three years after the last recording of a certificate under Section 3.20.180, the tax administrator may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the city under this chapter. The warrant shall be directed to any sheriff, marshal or constable and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner with the same effect as a levy of and a sale pursuant to a writ of execution. The tax administrator may pay or advance to the sheriff, marshal or constable the same fees, commissions and expenses for his services as are provided by law for similar services pursuant to a writ of execution. The tax administrator, and not the court, shall approve the fees for publication in a newspaper.
3.20.210 - Seizure and sale.
At any time within three years after any operator is delinquent in the remittance or payment of any amount, including where an operator utilized a short-term rental facilitator to facilitate the collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, the tax administrator may collect the amount in the following manner: The tax administrator shall seize any property, real or personal, of the operator or real property upon which the hotel operates if not otherwise owned by the operator to the extent authorized by law and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect occupancy taxes due shall be only of property of the operator not exempt from execution under the provisions of the Code of Civil Procedure.
3.20.220 - Successor's liability—Withholding by purchaser.
If any operator liable for any amount under this chapter sells out his hotel business or quits the hotel business, or if any owner of the real property upon which the hotel is located sells, transfers, assigns, or otherwise conveys his interest to another while amounts under this chapter are still due and owing, the applicable successor, assign, purchaser, transferee or otherwise new interested person in the hotel business and/or the property, shall withhold sufficient of the purchase price to cover such amount until the former business owner or property owner produces a receipt from the tax administrator showing that the amounts under this chapter have been paid or a certificate stating that no amount is due.
3.20.230 - Liability of purchaser—Release.
If the purchaser of a hotel or purchaser of a property upon which the hotel is located fails to withhold purchase price as required, he shall become personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money.
Within sixty (60) days after receiving a written request from the purchaser for a certificate, or within sixty (60) days from the date the former owner's records are made available for audit, whichever period expires the later, but in any event not later than ninety (90) days after receiving the request, the tax administrator shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the tax administrator of the amount that must be paid as a condition of issuing the certificate. Failure of the tax administrator to mail the notice will release the purchaser from any further obligation to withhold purchase price as provided above. The time within which the obligation of the successor may be enforced shall start to run at the time the operator sells his business or at the time the real property upon which the hotel is located is transferred, as the case may be, or at the time that the determination against the operator becomes final if an appeal is taken under section 3.20.130, whichever occurs the later.
For the avoidance of doubt, all unpaid amounts owed under this chapter may also be enforced against the real property upon which the hotel operates to the extent authorized by law, and purchasers or transferees of such property are deemed to have actual and constructive notice of such potential liability.
3.20.240 - Responsibility for payment.
Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been remitted to the city is a fiduciary obligation of the operator to the city and collectible in the same manner as a debt. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. The city shall have the right to examine, inspect, and audit the books and records of any person hereunder and any deficiency found by such audit shall be assessed against such person in the same manner as a debt. Any such deficiency which is in excess of one hundred dollars ($100.00) shall be increased by an amount equal to the cost to the city causing the audit to be made.
3.20.250 - Withhold notice.
If any person is delinquent in the remittance or payment of the amount required to be remitted or paid by him, or in the event a determination has been made against him for the remittance of tax and payment of the penalty, the city may, within three years after the tax obligation became due, give notice thereof personally or by registered mail to all persons, including the state or any political subdivision thereof, having in their possession or under their control any credit or other personal property belonging to the taxpayer. After receiving the withholding notice, the person so notified shall make no disposition of the taxpayer's credits, other personal property or debts until the city consents to a transfer or disposition, or until sixty (60) days elapse after the receipt of the notice, whichever expires earlier. All persons, upon receipt of the notice, shall advise the city immediately of all such credits, other personal property or debts in their possession, under their control or owing by them. If such notice seeks to prevent the transfer or other disposition of a deposit in a bank, or other credits or personal property in the possession or under the control of the bank, to be effective the notice shall be delivered or mailed to the branch or office of such bank at which such deposit is carried or at which such credits or personal property is held. If any person so notified makes transfer or disposition of the property or debts required to be held hereunder during the effective period of the notice to withhold, he shall be liable to the city to the extent of the value of the release up to the amount of the indebtedness owed by the taxpayer of the city.
3.20.260 - Extension of time.
The tax administrator, for good cause, may extend for not to exceed one year the time for making any return or paying any amount required to be paid under this chapter. The extension may be granted at any time, provided a request therefore is filed with the tax administrator within or prior to the period for which the extension may be granted. Any person to whom an extension is granted shall pay, in addition to the tax, interest at the rate of one percent per month or fraction thereof, from the date on which the tax would have been due without the extension until the date of payment.
3.20.270 - Divulging of information forbidden.
It is unlawful for any person having an administrative duty under this chapter to make known in any manner whatever the business affairs, operations or information obtained by an investigation of the records of any operator or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return, or to knowingly permit any return or copy thereof, any abstract or particulars thereof to be seen or examined by any person. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the amount of unpaid tax or amounts of tax, penalties and interest required to be collected.
3.20.280 - Agreement with county.
The city is empowered to enter into a joint powers agreement with other cities and the county, and if such agreement or agreements can be made wherein central collection for the county is provided, then it shall be done upon approval of the city council.
3.20.290 - Expenses paid from gross receipts.
The expense for staff and collection of the tax herein provided shall be paid from the gross receipts.
3.20.300 - Use of proceeds.
The net proceeds from the tax imposed herein shall be used for any lawful purpose of the city.
3.20.310 - Violations—Remedies.
A. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, criminal, civil, or administrative abatement or any other legal remedy permitted by law, including through administrative citation pursuant to Chapter 1.17 of this Code and through nuisance abatement pursuant to Chapter 8.80. The city has the discretion to determine the appropriate enforcement action. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. The use of any one remedy shall not preclude the use of any other remedy authorized by the Big Bear Lake Municipal Code or by any other applicable law.
B. Violations deemed a misdemeanor.
1. Any person knowingly violating any of the provisions of this chapter is guilty of a misdemeanor.
2. Any operator or other person who knowingly or willfully fails or refuses to remit room tax collections to the tax administrator prior to the time of delinquency as specified in Section 3.20.070 through 3.20.090 is guilty of a misdemeanor.
3. Any operator or other person who willfully fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty of a misdemeanor.
C. Violations deemed an infraction. Alternatively, the City in its discretion may deem any violation of this chapter an infraction.
SECTION 4: Code Amendment to Title 5. Chapter 5.02 of Title 5 of the Big Bear Lake Municipal Code is hereby amended to read as follows:
Chapter 5.02 - BUSINESS LICENSES
ARTICLE I. - LICENSE REQUIREMENTS AND PROCEDURES
5.02.010 - Purpose of provisions.
This chapter is enacted solely for the purpose of regulation.
5.02.020 - Definitions.
"Business" means professions, trades and occupations and all and every kind of calling whether or not carried on for profit or livelihood.
“Tax collector” means the city manager or his/her designated agent.
5.02.030 - License required.
A. There are imposed upon all businesses in the city, license fees in the amounts hereinafter set forth in this chapter. It is unlawful for any person, either for himself or for any other person, to commence, transact or carry on any business in the city not excluded by this chapter, without first having procured a license from the city to do so, or without complying with any and all regulations contained in this chapter.
B. The carrying on of any business without first having procured a license from the city to do so, or without complying with any and all regulations of this chapter, constitutes a separate violation of this chapter for each and every day that such business is so carried on. See also Section 5.02.410 of this chapter.
5.02.040 - Scope of license.
A. No license issued under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any ordinance of the city, or regulations of the state or federal court.
B. The application for a license, payment of a license fee, and/or the issuance of a license to any person by the city shall not entitle the licensee to carry on any business unless he/she has complied with all the requirements of the code and all other applicable laws, nor to engage in or to carry on any business in any building or in any premises designated in such license in the event such building or premises are situated in any area or locality in which the conduct of such business is in violation of the code, or any ordinance of the city, or any other law. The city thus reserves and retains the right to deny issuance of a license, deny renewal of a license, or revoke or suspend a license as set forth in this chapter.
5.02.050 - Evidence of doing business.
When any person shall by use of signs, circulars, cards, telephone book, newspapers, digital media, or other means of dissemination of information, advertise, hand out, or represent that he/she is in business in the city, for one transaction or more, or when any person holds an active license or permit issued by a governmental agency indicating that he/she is in business in the city, or when the city receive complaints or conducts investigations and determines through these means that he/she is in business in the city, then these facts shall be considered prima facie evidence that he/she is conducting a business in the city.
5.02.060 - Exclusions.
A. Except as may be otherwise specifically provided in this chapter, the terms hereof shall not be deemed or construed to apply to any of the following persons:
1. Any public utility which pays to the city a tax under a franchise or similar agreement;
2. Banks, savings and loan companies, including national banking associations, to the extent that a city may not levy a license fee upon them under provisions of Article XIII, Section 16, Subdivision 1(a) of the State Constitution;
3. Insurance companies and associations to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 14 4/5 of the State Constitution;
4. Any person whom the city is not authorized to license under any law or constitution of the state.
B. The tax and license collector shall require the filing of a verified statement from any person claiming to be excluded by the provisions of this section, which statement shall set forth all facts upon which the exclusion is claimed.
5.02.070 - Exemptions.
A. Constitutional or Statutory Exemptions.
1. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state for the payment of such taxes as are herein prescribed.
2. Any person claiming an exemption pursuant to this section shall file a sworn statement with the tax collector stating the facts upon which exemption is claimed, or present official documents from the California Secretary of State stating that the organization is a nonprofit, tax-exempt charitable organization, and in the absence of such proof substantiating the claim, such person shall be liable for the payment of the taxes imposed by this chapter.
B. General. The following are exempted from the payment of a license fee under this chapter:
1. Any recognized tax-exempt charitable institution, organization or association organized and conducted for charitable purposes only. This exemption shall not apply to promoters;
2. Any person, religious, fraternal, educational, military, state, county, or municipal organization or association conducting or staging any amusement, concert, exhibition, lecture, dance, athletic event or entertainment where the receipts, if any derived there from, are to be used totally and solely for recognized tax-exempt charitable or benevolent purposes and not for private gain, or other purposes of the conducting person, or for the private gain of any person in whole or in part;
3. Any recognized tax-exempt religious, fraternal, educational, military, state, county, or municipal organization or association conducting any business which is open to members thereof only and not open to the public;
4. Any solicitor engaged in interstate commerce when a license tax casts a burden upon such interstate commerce;
5. Any honorably discharged or relieved veteran of any of the armed forces of this country who provides a certificate of disability from the Veteran's Administration, who is physically unable to earn a livelihood by manual labor and who is a voter or resident, respectively, of this state, and who desires to hawk, peddle or vend goods, wares and merchandise owned by him or to distribute circulars;
6. Any individual person of the age of sixteen (16) years and under whose annual gross receipts from any and all business are three hundred dollars ($300.00) or less;
7. Any public transportation system in the city operating under the jurisdiction of the public utilities commission of the state and operating buses of the capacity of twenty (20) or more passengers upon a fixed route with definite permanent points of origin and termination.
8. Any property owner holding a vacation rental license for the self-management of their residence as a vacation rental.
5.02.080 - Revocation of exemption.
The tax collector may revoke any exempt license granted pursuant to the provisions of this chapter upon information that the licensee is not entitled to the exemption as provided therein. In such revocation the procedure to be followed and right of appeal shall be as provided in Section 5.02.190 of this chapter.
5.02.090 - Content of license.
All licenses shall be prepared and issued by the tax collector of the city, upon payment of the required fee and each license shall state the following:
A. The name of the business to which the license is issued; B. The kind or kinds of business licensed thereby;
C. The location of such business;
D. The date of the expiration of such license;
E. Such other information as the tax collector shall determine.
5.02.100 - Branch establishments.
Separate licenses must be obtained for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses, distributing plants and other locations which generate no additional gross receipts but are used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
5.02.110 - Separate license for each establishment.
Any person managing, carrying on or conducting two or more separate businesses subject to the payment of a license fee under more than one classification in the chapter whether or not at the same location or under the same management shall pay a separate license fee for each of said businesses.
5.02.120 - Duration of license.
No license shall be issued for a period of more than twelve (12) months. No license shall be issued for any period extending beyond the thirtieth day of September of each calendar year.
5.02.130 - Transferability.
No license issued pursuant to this chapter shall be transferred to a different licensee, owner, entity, or operator, including any name change. When a licensee transfers the business from one location to another in the city, the license previously issued may be amended to authorize the conduct of the business at the new location. The license transfers and amendments herein authorized may be obtained upon application to the tax collector and payment of the license fee. The license fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.
5.02.140 - Renewal.
On or before the end of each license year, all licensees shall remit the annual license renewal fee to the city's tax collector along with a completed license application form provided by the tax collector and completed by the licensee. Any change in information from that set forth on an original license application shall also be noted on such form. The license year shall end on September 30th of each calendar year. Renewal is not guaranteed or automatic; the city reserves and retains the right to deny renewal of a license as set forth in Section 5.02.180.
5.02.150 - Display of license.
A. Every person having a license under the provisions of this chapter and carrying on a business at a fixed place of business shall keep such license posted and exhibited while in force, in some conspicuous part of the place of business.
B. The tax collector and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein and demand an exhibition of its license certificate.
Any person having such license certificate theretofore issued, in his possession or under his control, who willfully fails to exhibit the same on demand, is guilty of an infraction and subject to the penalties provided in this chapter. It shall be the duty of the tax collector and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of said provisions.
C. Every person having such a license and not having a fixed place of business shall carry such license with him at all times while carrying on the business for which the same was granted, or have attached to the vehicle used in such business the windshield sticker as provided in Article IV of this chapter.
5.02.160 - Cancellation of license on request.
A. The tax collector may cancel an unexpired license at the request of the owner provided:
1. The owner surrenders the certificate and any applicable stickers; and
2. All business activity has ceased.
B. Liability for any further business taxes will cease only if the owner's account is cleared.
5.02.170 - Revocation upon bond cancellation.
The tax collector shall revoke any license for which a bond is required if the city receives notice from the bonding company to the effect that it has cancelled the bond.
5.02.180– Denial, Revocation, Suspension—Grounds.
Any business license may be denied upon application or request for renewal, revoked, or suspended by the tax collector based upon the following grounds:
A. Upon the applicant/licentiate losing necessary licentiate from any agency controlling that business, profession or occupation. Any denial, revocation, or suspension shall remain in effect as long as the applicant/licentiate remains suspended or revoked, and a business license may be reapplied for upon reinstatement;
B. Upon the conviction of the applicant/business license holder of any of the following: Any felony; Any misdemeanor involving moral turpitude; or Any conviction of any offense arising out of the conduct of the business so licensed or sought to be licensed.
C. Upon a finding of any violation of this code, any other code adopted by this code, or any state law that occurred on the premises of or in connection with the business establishment;
D. Upon a finding that information that was provided in the process of obtaining a business license was materially false; and
E. If there are any fees, fines, taxes, or other amounts owing the city in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity. Any denial, revocation, or suspension shall remain in effect as long as the amounts remain unpaid, and a business license may be reapplied for upon payment of the amounts owing. Nothing requires the city to deny, revoke, or suspend a license under this ground if the owner has entered into an agreement with the city for payment of said amounts and complies with that agreement.
5.02.190 – Denial, Revocation, Suspension—Hearing.
A. Upon service of notice of denial, revocation, or suspension under Section 5.02.180 of this chapter, the holder of the license or applicant for the license shall have ten (10) days following service of such denial, revocation, or suspension by either personal service or deposit of the notice in the U.S. Post Office, registered mail, to request a hearing for consideration of the denial, revocation, or suspension by the city manager or his/her designee. Such requests shall be to the tax collector's office, by personal delivery, at the city office. The tax collector shall set a hearing before the city manager or his/her designee, no sooner than thirty (30) days nor more than sixty (60) days after service.
B. The licensee or applicant shall have the right to legal counsel at his/her sole expense and may have a court reporter present at their expense. The city manager or his/her designee may direct that the proceedings be tape recorded and a copy thereof may be purchased by the licensee or applicant. During such appeal, the revocation shall be abated.
C. The city manager or his/her designee shall rule upon the denial, revocation, or suspension no later than seven days after the close of such hearings.
D. The rules of evidence shall be those of administrative hearings and an affirmative three votes of the council shall be necessary to sustain the denial, revocation, or suspension.
E. Any final decision under this section shall be subject to judicial review pursuant to administrative mandate pursuant to Code of Civil Procedure section 1094.5.
ARTICLE II. - REGISTRATION
5.02.200 - Form.
Every person required to have a business fee certificate under the provisions of this chapter shall register for the same with the tax collector of the city. Such registration shall be a written statement upon a form provided by the tax collector and shall be sworn to by the registrant under penalty of perjury. The registration form should include the name of the business and any fictitious name that is used, the tax identification number (social security or federal tax identification number), the business mailing and physical address, business phone number, business activities, owner's or officer's names, addresses (mailing and physical), and phones, type of ownership, state license numbers and expiration dates, property owner's name and proof of authority to use the property as a business location. This will not preclude requests for other pertinent information as needed to administer this ordinance and other ordinances of the city.
ARTICLE III. - FEES
5.02.220 - Designated.
The amount of the business license fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.
5.02.230 - Limitations.
A. No greater or less amount of money shall be charged or received for any license fee other than provided for in this chapter.
B. In no case shall any mistake made by the city in stating the amount of a license fee prevent or prejudice the collection by the city of what shall be actually due from anyone carrying on a business subject to a license fee under this chapter.
C. No statement shall be conclusive as to the matters set forth herein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder.
5.02.240 - Payable when.
All license fees due under this chapter shall be paid in advance, in lawful money of the United States, at the office of the tax collector.
5.02.250 - Proration.
No proration of any license due under this chapter shall be made unless hereinafter set forth.
5.02.260 - Delinquency.
A. Annual license renewal fees are due and shall be paid in accordance with Section 5.02.240 and shall be paid at or before five p.m., on September 30th of each calendar year, or if September 30th of that year falls on a weekend, then renewal fees are due and shall be paid on the Monday following September 30th.
B. For each delinquent renewal, separate and apart from, and in addition to the license renewal fee, the licensee shall pay to the city a penalty in the amount provided in the following schedule:
Payment Received or Postmarked
by:
Penalty Due:
October 5th $ 0.00
October 15th 10.00
After October 15th 25.00 plus actual expenses incurred
by the city in collection of the fee
5.02.270 - Fees deemed debt to city.
The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the city, and any person carrying on any business without first having procured a license from the city to do so shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the license tax and penalties imposed on such business.
5.02.280 - License replacement fee.
Duplicate licenses may be issued by the tax collector to replace any license previously issued, which has been lost or destroyed. The city shall not charge a fee for the issuance of a duplicate license.
5.02.290 - Contractors and subcontractors.
A. General Contractors.
1. Any person commencing or engaging in the business of acting in the capacity of a general building or engineering contractor (B-1 or A, as licensed by the state), within the city shall pay to the city an annual license fee, the amount of which shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.
2. Each contractor, including owner-builders, shall furnish the tax collector with a list of each subcontractor under his/her control or direction before the final inspection on any building or structure shall be given by the building and safety department under penalty of perjury.
B. Specialty Contractors. Every person engaged in a business or acting as a subcontractor established by the state contractors board, shall pay to the city an annual license fee, the amount of which shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.
C. Owner-builders. A business license shall be required of every person acting as an ownerbuilder who builds any building, structure, shop, store, or apartment for rent or lease, and they shall pay the license fee as herein provided. The provisions of this section shall not apply to an owner of property building or improving structures thereon for the exclusive occupancy of such owner-builder and not offered for sale, lease, or rent.
D. For purposes of this section, the term "contractor" is defined by Chapter 9, Division 3 of the Business and Professions Code of the state.
E. A contractor making application for a business license for the city shall present evidence of having a valid state contractor's license.
ARTICLE V. - ENFORCEMENT AND PENALTIES
5.02.380 - Enforcement authority.
A. It shall be the duty of the city tax collector, his/her deputy agents and/or employees, and they and each of them are directed to enforce each and all of the provisions of this chapter.
Each department of the city which issues permits for work to be done shall require the production of a valid unexpired license prior to the issuance of such a permit.
B. The tax collector in the exercise of the duties imposed upon him/her hereunder and acting through his/her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with.
5.02.390 - Remedies cumulative.
The conviction and punishment of any person for transacting any business without first obtaining a license shall not excuse or exempt such person from the payment of any license fee due or unpaid at the time of such conviction and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
5.02.400 - Effect on past actions and obligations.
Neither the adoption of the ordinance codified in this chapter, nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to February 24, 1988, nor be construed as a waiver of any license or any penal provisions applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.
5.02.410 - Violation—Penalties.
A. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, criminal, civil, or administrative abatement or any other legal remedy permitted by law, including through administrative citation pursuant to Chapter
1.17 of this Code and through nuisance abatement pursuant to Chapter 8.80. The city has the discretion to determine the appropriate enforcement action. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. The use of any one remedy shall not preclude the use of any other remedy authorized by the Big Bear Lake Municipal Code or by any other applicable law.
B. Violations deemed an infraction for criminal abatement. Any person violating any of the provisions of this chapter is guilty of an infraction and, upon conviction in a court of competent jurisdiction, shall be punishable as set forth in section 1.16.020B of this code.
C. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter or any of its provisions is committed.
SECTION 5: Code Amendment to Title 1. Chapter 1.16 of Title 1 of the Big Bear Lake Municipal Code is hereby amended to read as follows:
Chapter 1.16 - GENERAL PENALTY
1.16.010 - Violations—Misdemeanor.
Unless a different penalty is prescribed for violation of a specific provision of this code, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this code is punishable as a misdemeanor, provided, that where the city attorney or citing officer determines that such action would be in the interests of justice, the city attorney or citing officer may specify in the accusatory pleadings that the offense shall be an infraction. Every person who causes, aids, abets or conceals a violation of this code is guilty of violating this code. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of this code is committed, continued or permitted by such person, firm or corporation and shall be punishable therefore as provided in this section and Section 1.16.020.
1.16.020 - General penalties.
A. Misdemeanor. Except in cases where a different punishment is specifically prescribed elsewhere in this code, every misdemeanor offense is punishable by imprisonment in the city jail or in the San Bernardino County jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both.
B. Infraction. Except as prescribed elsewhere in this code, every offense specifically declared to be an infraction is punishable by a fine not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same provision within any twelve-month period, and a fine not exceeding five hundred dollars for each additional violation of the same provision within any twelve-month period. An infraction is not punishable by imprisonment. A person charged with an infraction in a criminal proceeding shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail.
D. Administrative fine. Administrative fines are set at the amounts provided in Section
1.17.030D of this code or as otherwise specified in this code.
E. Cumulative remedies and public nuisance. The city may enforce any violation of this code by any and all means available by law, including, but not limited to, criminal, civil, or administrative abatement or any other legal remedy permitted by law, including through administrative citation pursuant to Chapter 1.17 of this Code and through nuisance abatement pursuant to Chapter 8.80. The city has the discretion to determine the appropriate enforcement action. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. The use of any one remedy shall not preclude the use of any other remedy authorized by the Big Bear Lake Municipal Code or by any other applicable law. Any violation of this code is deemed a public nuisance. Each violation of this code is separate offense for each and every day during any portion of which any violation of this code or any of its provisions occurs.
SECTION 6: Code Amendment to Title 1. Chapter 1.17 of Title 1 of the Big Bear Lake Municipal Code is hereby amended to read as follows:
Chapter 1.17 - ADMINISTRATIVE CITATIONS AND HEARINGS
1.17.010 - Legislative findings and purpose.
The city council hereby finds that the city needs another mechanism in addition to the traditional civil, criminal or administrative abatement actions to effect compliance with this Code. The city council further finds that an appropriate additional mechanism to affect such compliance is an administrative citation program authorized by Government Code Section 53069.4. The procedures established in this chapter shall be in addition to criminal, civil or administrative abatement or any other legal remedy permitted by law. Use of this chapter shall be at the discretion of the city.
1.17.020 - Definitions.
"Administrative citation" shall mean the written notice provided to a responsible party to inform that party of a violation of this Code.
"Administrative fine" shall mean a monetary penalty imposed by a compliance officer pursuant to this chapter for violation of the Code.
"Big Bear Lake Municipal Code" and "Code" shall mean any ordinance adopted by the city regardless of whether it has been codified.
"City manager" shall mean the city manager of the City of Big Bear Lake, or his or her designee. "Compliance officer" shall mean any officer or employee with the authority to enforce the Code. "Hearing officer" shall mean the city manager or the person or entity designated by the city manager pursuant to this chapter to determine the validity of a Code violation. "Non-emergency health or safety violation" shall mean a violation of any Code provision pertaining to building, plumbing, electrical or other similar structural or zoning issues, when such violation is deemed by the compliance officer to not create an immediate danger to health or safety. "Responsible party" shall mean:
(i) Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a Code violation; or
(ii) Any individual, legal entity or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a Code violation.
1.17.030 - Authority.
A. A compliance officer may issue an administrative citation to any responsible party for a violation of the Code.
B. Each and every day, or portion thereof, that a violation of the Code exists constitutes a separate and distinct offense.
C. Any responsible party issued an administrative citation shall be responsible for payment of the administrative fine imposed, the amount of which shall be set forth below. The city council may amend the amount of fines from time to time by a separate resolution.
D. When an administrative fine is imposed, it shall be imposed in the following amounts:
1. Infractions. For the violation of the Code specified by the Code as an infraction, the amount of the administrative fine shall be the amounts set forth in Government Code Section 36900 as follows: (a) a fine not exceeding one hundred dollars ($100.00) for a first violation; (b) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same Code provision within one year; (c) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same Code provision within one year. Notwithstanding the foregoing sentence, the administrative fine for a violation of a building and safety code provision that is specified by the Code as an infraction shall be as follows: (a) a fine not exceeding one hundred dollars ($100.00) for a first violation; (b) a fine not exceeding five hundred dollars ($500.00) for a second violation of the same Code provision within one year; (c) a fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same Code provision within one year of the first violation.
2. Vacation rentals. Violations relating to vacation rentals are subject to the fines and penalties set forth in Chapter 4.01.
3. Other fines in code. To the extent that specific provisions under other titles of this code refer to different fine amounts for infractions that are within the infraction limits of subdivision D1 above, those infraction fine amounts apply for the administrative fine.
E. For administrative fines issued for a second or more violation of the same code within a year of the first violation as set forth in sections 1.17.030(D)(1), 4.01.100, or other applicable provisions of this code, the city shall apply the following process to consider a fine hardship waiver to reduce the fines as set forth in Government Code 36900(e) as follows:
1. Any responsible party who has been issued a qualifying administrative fine who has made a bona fide effort to comply after the violation and who would suffer an undue financial burden if required to pay the full amount of a subsequent fine, may request a waiver to reduce the amount of the imposed fine by completing and submitting to the city the city-approved application form for a fine hardship waiver (hereafter the “fine hardship waiver”). This fine hardship waiver and all required accompanying records must be submitted within thirty (30) days of issuance of the fine to the city.
2. To be considered for a fine hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the city to reasonably determine the party’s bona fide effort to comply after the first violation and substantiation on the party’s suffering of an undue financial burden if required to pay the full amount of the fine imposed. Documents suitable for consideration demonstrating the party’s bona fide effort to comply after the first violation may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the person’s undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve (12) months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the person’s fine hardship waiver application, the city will destroy the documents submitted by a party’s for a fine hardship waiver without prior notice to the party.
3. The city via its city manager or his or her designee will issue a written decision specifying the reasons for issuing or not issuing the fine hardship waiver, including the revised fine amount, if applicable. This decision is final and non-appealable.
The decision shall be served upon the party requesting the fine hardship waiver by first class mail unless service via email is specified in the application form.
4. Payment of the fine shall be due within thirty (30) days of the issuance of the fine, however, in cases where a written decision on the fine hardship waiver has not been issued before expiration of that thirty (30) day period, payment shall be due to the city within seven (7) days of the date the decision is deposited with the U.S. Postal Service or is sent via email. In the event the city clerk does not receive the full amount of the fine within the required period: (1) fines or other penalties not paid within that time shall accrue interest at the rate set forth by the City Council; and (2) the city may take further action to ensure payment as provided by law.
5. Should a fine hardship waiver be granted, the amount in the city’s written decision shall be controlling for purposes of the fine amount for any administrative hearing requested pursuant Chapter 1.17 and this section, including section 1.17.080 advance deposit of hardship waiver.
1.17.040 - Service procedures.
A compliance officer may issue an administrative citation on a form approved by the city manager to the responsible party for a Code violation in any the following manner:
A. Personal Service.
1. The compliance officer shall first attempt to locate and personally serve the responsible party and, if possible, obtain the signature of the responsible party on the administrative citation.
2. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
B. Service by Mail.
1. Service by mail shall be made by sending the administrative citation to the responsible party's address as shown on public records or as known to the city. The administrative citation shall be sent by certified mail and by first class U.S. mail.
Service by mail under this subsection shall be deemed complete on the third day following its deposit into the U.S. postal service as first class mail (postage prepaid) or the date on which the certified return receipt is signed for as delivered, whichever date is earlier.
C. Service by Posting.
1. Service by posting shall be made by placing the administrative citation in a conspicuous location on the subject property or on any real property in which the city has knowledge that the responsible party has a legal or equitable interest.
D. Service by Electronic Mail.
1. Service relating to violations concerning vacation rentals and the provisions of Chapter 4.01 may be delivered by electronic mail to the email address provided by the responsible party during the licensing process.
2. Service relating to other chapters may be delivered by electronic mail to the email address provided by the responsible party on city applications and forms used during the permitting or licensing process.
1.17.050 - Contents of notice.
Each administrative citation shall contain the following information:
A. Date, approximate time and address or definite description of the location where the violation(s) of the Code was observed or occurred;
B. The Code provision(s), section(s) or condition(s) violated and a brief description of the violation(s);
C. A description of the action required to correct the violation(s); D. For non-emergency health and safety violations, an order to the responsible party to correct the violation(s) by a correction date and an explanation of the consequences of failure to correct the violation(s);
E. The amount of the administrative fine imposed for the violation(s); F. An explanation of how the administrative fine shall be paid, the deadline by which it shall be paid, and the place to which the fine shall be paid; G. An order prohibiting the continuation or repeated occurrence of the Code violation(s) described in the administrative citation;
H. Identification of rights of appeal, including the time within which the administrative citation may be contested and the place to obtain a notice of appeal and request for hearing form to contest the administrative citation; and
I. The name and signature of the compliance officer and, if possible, the signature of the responsible party.
1.17.060 - Satisfaction of administrative citation.
A. Non-emergency health and safety violations. When a compliance officer finds that a nonemergency health and safety violation has occurred, the compliance officer shall have the authority to issue an administrative citation that provides for a reasonable period of time, not to exceed thirty (30) calendar days, to correct or otherwise remedy the non-emergency health and safety violation prior to the imposition of an administrative fine. The responsible party may request an extension of the correction period, provided that a written request is filed with the city manager before the correction period ends. The city manager may, in his or her discretion, grant a reasonable extension of the period of time to correct the violation if the responsible party has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. The decision to grant or deny an extension shall be in writing by the city manager and shall be final. If the responsible party provides proof to the compliance officer, or his/her designee, that the violation has been corrected within the period of time provided for correction, no administrative fines shall be assessed and the administrative citation shall be canceled. If the non-emergency health and safety violation has not been corrected or otherwise remedied within the correction period, the compliance officer shall have the authority to issue a second administrative citation notifying the responsible party of the violation and impose an administrative fine.
B. Upon receipt of an administrative citation, the responsible party shall do all of the following:
1. Correct the violation(s) within a reasonable period of time or, if possible, within any provided correction period; and
2. Pay any administrative fine(s) to the city within thirty (30) calendar days from the correction date on the administrative citation. All administrative fines assessed shall be payable to the City of Big Bear Lake. Payment of an administrative fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.
C. If the responsible party fails to correct all of the violation(s) set forth in the administrative citation, subsequent administrative citations may be issued for the continued violation(s). The amount of the fine for failure to correct the violation shall increase at the rate specified in Section 1.17.030 or as specified by a separate resolution of the city council.
1.17.070 - Appeal of administrative citation.
A. Any person or party in receipt of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a notice of appeal and request for hearing form and filing it with the city clerk within thirty (30) calendar days following the date of service of the administrative citation, together with an advance deposit of twenty-five percent (25%) of the total amount of any administrative fine imposed, or the timely filing of a request for an advance deposit hardship waiver form pursuant to Section 1.17.080. Any administrative fine that has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged.
B. In addition to the requirements listed in subsection 1.17.070A., any appeal of the administrative citation shall include a detailed written explanation as to the grounds for the appeal. Appeals shall be limited to only these written grounds.
C. Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing.
D. Appeals of administrative citations shall be conducted pursuant to Section 1.17.090.
1.17.080 - Advance deposit of hardship waiver.
A. Any party that intends to request a hearing to contest an administrative citation and that is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver form.
B. The request shall be filed with the city within thirty(30) days following the date of the issuance of the administrative citation.
C. Upon the city's receipt of the request, the requirement of depositing the full amount of the administrative fine as described in subsection 1.17.070A. shall be stayed unless or until the city manager makes a determination not to issue the advance deposit hardship waiver.
D. The city may waive the requirement for advance deposit only if the cited party submits to the city a declaration under penalty of perjury supported by evidence that shows to the city's reasonable satisfaction that such party is financially unable to deposit the total amount of the administrative fine in advance of the hearing. Documents suitable for consideration demonstrating financial inability may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve (12) months preceding submittal of the request for an advance deposit hardship waiver. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers.
After a determination is made, the city will destroy the documents submitted by a party’s for a fine hardship waiver without prior notice to the party.
E. If the city determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the city within five days of the date of that decision.
F. The city's decision to grant or deny the request shall be final and in writing with stated reasons for the grant or denial. The city shall cause the decision to be served on the cited party.
1.17.090 - Hearing procedure; fees.
A. A request for a hearing shall be deemed filed upon the city's receipt of payment of any hearing fee, which may be established by city council resolution, and the notice of appeal and request for hearing form. Any hearing fee shall not exceed the reasonable cost to the city for conducting the hearing.
B. The hearing shall be set for a date not less than fifteen (15) and not more than sixty (60) calendar days following the date the hearing request is filed. The party requesting the hearing shall be notified of the time and place set for the hearing at least fifteen (15) calendar days prior to the date of the hearing.
C. The hearing shall be before a hearing officer, who shall only consider evidence relevant to the hearing matter and grounds specified in the appeal.
D. The party requesting the hearing shall be given a reasonable opportunity to testify and present witnesses and evidence concerning the hearing matter. Rebuttal shall also be permitted.
E. Failure to appear at the hearing shall constitute a forfeiture of any administrative fine and a failure to exhaust administrative remedies.
F. Any documents submitted by the city shall constitute prima facie evidence of the respective facts contained in those documents.
G. If the city submits an additional written report concerning the hearing matter to the hearing officer for consideration at the hearing, then a copy of the report shall also be served on the party requesting the hearing in accordance with Section 1.17.040 at least five days prior to the date of the hearing.
H. At least ten (10) days prior to the date of the hearing, the party requesting the hearing shall be provided with copies of the citations, reports and other documents submitted or relied upon by the city. No other discovery shall be permitted. Formal rules of evidence shall not apply.
I. The hearing officer may continue the hearing and request additional information from the city or the party requesting the hearing prior to issuing a decision.
J. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten (10) days following the date of the hearing and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be the final administrative decision of the city.
K. Service of such decision shall be made by U.S. first class mail, addressed to the party that requested the hearing at the address provided by that party on the notice of appeal and request for hearing form.
L. The hearing officer shall not be required to provide transcriptions of hearings, but shall make available tapes of hearings for a fee that does not exceed the reasonable cost of providing such tapes. Such fee shall be established by the city council by a resolution.
1.17.100 - Hearing officer's decision.
A. If the hearing officer determines that the administrative citation should be upheld, and no timely appeal therefrom is taken, then the city shall retain the administrative fine amount on deposit with the city.
B. If the hearing officer determines that the administrative citation should be upheld, no timely appeal therefrom has been taken, and the administrative fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set an administrative fine payment schedule.
C. If the hearing officer determines that the administrative citation should be canceled and the administrative fine has been deposited with the city, then the city shall refund the entire amount within seven business days following the date of the decision.
D. An appeal from the hearing officer's decision to superior court shall be made pursuant to Government Code Section 53069.4(b).
1.17.110 - Failure to pay administrative fines.
A. Administrative fines shall be a debt to the city and subject to all remedies for debt collection permitted by law. The failure of any party to pay administrative fines within the time specified on the administrative citation may result in the matter being referred to the city attorney to file a case in court. Alternatively, the city may pursue any other legal remedy to collect the administrative fines.
B. Any party who fails to pay to the city any administrative fine imposed pursuant to this chapter on or before the time specified on the administrative citation shall also be assessed late payment charges in the amount of twenty-five dollars ($25.00) per citation. The city shall notify the responsible party of late payment charges pursuant to Section 1.17.040. The notice shall contain a statement that administrative fines and late payment charges may be collected as a lien or special assessment against any real property owned by the responsible party in connection with the violation(s).
C. If the responsible party has failed to pay all administrative fines within a specified period following the issuance of the third administrative citation for the same violation in connection with the same real property or has failed to pay any late payment charges, the city may collect such debts as a lien or special assessment against the subject real property. Prior to taking either action, the compliance office shall serve notice on the record property owner, as identified on the last equalized county assessment roll, of the planned lien or special assessment. Such notice shall be made pursuant to Section 1.17.040 and shall specify that property subject to a special assessment may be sold after three years by the tax collector for unpaid delinquent assessments. Any party issued an administrative citation with an administrative fine, or any other party with a legal or equitable interest in the property that is the subject of the administrative fine, may contest the imposition of a lien or special assessment for such only by seeking a hearing pursuant to Section 1.17.070. Failure to seek such a hearing shall constitute a waiver of that party's right to contest the imposition of a lien or special assessment.
D. In order to pursue a lien or special assessment against real property pursuant to this chapter, the following must occur:
1. Annually or more often as determined by the city council, the city council shall, by ordinance or resolution, confirm the amounts of the liens and special assessment sought to be collected from each respective property; and
2. The city council's confirmation shall include the amounts of the administrative fines, any late payment charges associated therewith and any applicable interest. Upon such confirmation, the city council shall authorize the city staff to take any further steps necessary to enforce collection of the liens and special assessments, including but not limited to the following:
a. Requesting the county recorder to record a notice of any lien confirmed by the city council against the respective property; and
b. Requesting the county tax collector on behalf of the city to collect any special assessment confirmed by the city council.
1.17.120 - Notices.
A. Any administrative citation and notice given under this chapter shall be served on the responsible party, or when required, to other persons or entities pursuant to subsection
1.17.110C. and Section 1.17.040.
B. Failure to receive actual notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
1.17.130 - Right to judicial review.
A. Any party aggrieved by a decision of a hearing officer pursuant to this chapter may obtain review of the decision by filing a petition for review with the San Bernardino County Superior Court in accordance with the timelines and provisions as set forth in the Government Code and/or the Code of Civil Procedure, as applicable.
B. Nothing contained in this section shall be construed to prohibit any party from seeking prompt judicial review of a decision of a city official regarding the issuance, denial, suspension or revocation of a permit or license for an activity protected by the First Amendment of the United States Constitution as provided by Code of Civil Procedure Section 1094.8. The city shall comply with all requirements described therein for prompt judicial review.
1.17.140 - Contracting with the office of administrative hearings.
Pursuant to Government Code Section 27727, the city manager is authorized to enter into a contract with the office of administrative hearings of the state of for services for an administrative law judge or a hearing officer to conduct proceedings pursuant to this chapter.
The duties and responsibilities of the hearing officer shall be set forth in the contract.
Reimbursement to the office of administrative hearings for the services of hearing officers shall be made as provided in the contract. If no provision for reimbursement is contained in the contract, reimbursement shall be made on a pro rata basis of actual cost to the office of administrative hearings in providing the service including salaries, benefits, overhead and any travel expenses.
SECTION 7: Code Amendment to Title 8. Chapter 8.80 of Title 8 of the Big Bear Lake Municipal Code is hereby amended to read as follows:
Chapter 8.80 - PUBLIC NUISANCES
8.80.010 - Purpose.
Notwithstanding any other provision of this code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of this code, the following proceedings may be used as an alternative to any other proceeding or manner of getting abatement set forth in this code.
8.80.020 - Definitions.
The following words shall have the following meanings:
A. "Fenced" or "walled enclosure" means an area completely enclosed by a structure, at least five feet in height, and at which area a person is present at regular business hours as manager or employee.
B. "Public officer" means any employee or official of the city authorized by the city manager to serve notices on behalf of the city.
8.80.030 - Notice of violation.
Any party who is the owner or possessor of land upon which is located a public nuisance which is a violation of a provision of this code may be served with a written notice by the public officer to abate such public nuisance and violation. The notice shall demand that such person remedy or abate the public nuisance which is a violation within a period of time that may not require results in less than ten days. The notice thereof shall be served personally on such person, or, if he cannot be readily found, shall be served by registered mail (return receipt requested) or, if he cannot be served by mail, then service shall be accomplished by posting such notice on a conspicuous place on the land specified.
8.80.040 - Authority to enter upon land.
The public officer, or his assistants, deputies, employees or contracting agents may enter upon the land for posting or serving notice, or, also, for abating any such public nuisance and violation as herein provided.
8.80.050 - Public hearing on notice of abatement.
Any party served, constructively or personally, may have a public hearing before the board of zoning adjustment at the next regular scheduled meeting of the board of zoning adjustment, provided that at least forty-eight hours' notice is provided. Such hearing shall be to determine if such public nuisance and violation in fact exists. If the board finds that such public nuisance and violation does not exist, no further proceedings under this chapter shall take place.
If the board finds that such public nuisance and violation does in fact exist, further proceedings shall be followed as provided herein. This hearing and determination by the board of zoning adjustment shall be had only if demanded within the period specified in the notice by a party having some interest in the land.
8.80.060 - Abatement by public officer.
If the public nuisance and violation is not abated after ten days after the notice thereof, or after any further period of time as may be allowed by the board of zoning adjustment, the public officer shall have the same abated.
8.80.070 - Cost of abatement—Account and itemized report required.
The public officer, in the event that he has the abatement accomplished as provided herein, shall prepare an account of the cost of abatement and shall render an itemized report in writing to the city council showing the total cost of the abatement, including administrative costs necessarily incurred.
8.80.080 - Cost of abatement—Notice to applicable party.
Before the account and itemized report are submitted to the city council, a copy shall be served on the same parties and in the same manner as the notice as provided in Section 8.80.030.
8.80.090 - Hearing.
Within twenty-two days after the service thereof, any person so served may have a public hearing before the city council at a regular meeting of the council falling within such period, at which time the council shall hear any objections to such accounting and report.
8.80.100 - Modification or confirmation of report.
The city council, at a public hearing if one is requested, or at any other regular meeting if no public hearing is requested, shall make any modifications in the account and report as it deems necessary, after which, by order or resolution, the account and report shall be confirmed.
8.80.110 - Cost of abatement to become special assessment and lien.
The amounts of the cost for abating the public nuisance and violation from the land, as confirmed, shall constitute a special assessment against that land and a lien.
8.80.120 - Collection of abatement cost.
A copy of the report as confirmed shall be turned over to the auditor, who shall enter the amount of the assessment against the parcel of land as it appears on the current assessment roll.
The city tax collector shall include the amount of the assessment on bills for taxes levied against the lots and parcels of land. Thereafter the amount of the assessment shall be collected at the same time and in the same manner as city taxes are collected, and be subject to the same penalties. On land for which no property tax is due, the lien shall be collected at the same time taxes on the land are collected, and in a similar manner.
8.80.130 - Cancellation of special assessment or lien.
All or any portion of any such special assessment, penalty or cost entered pursuant hereto, shall on order of the city council be cancelled by the auditor if uncollected, or, except in the case provided for in subsection C of this section refunded by the city treasurer if collected, if it or they were entered, charged or paid:
A. More than once;
B. Through clerical error;
C. Through the error or mistake of the city council or the public officer in respect to any material fact;
D. Illegally;
E. On land acquired after the lien date by the state or by any county, city, school district, or other political subdivision and because of this public ownership not subject to sale for delinquent taxes.
8.80.140 - Violation—Penalties.
A. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, criminal, civil, or administrative abatement or any other legal remedy permitted by law, including through administrative citation pursuant to Chapter
1.17 of this Code and through nuisance abatement pursuant to this Chapter 8.80. The city has the discretion to determine the appropriate enforcement action. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. The use of any one remedy shall not preclude the use of any other remedy authorized by the Big Bear Lake Municipal Code or by any other applicable law.
SECTION 8: Code Amendment to Title 4. Chapter 4.01 of Title 4 of the Big Bear Lake Municipal Code is hereby amended to read as follows:
Chapter 4.01 - VACATION RENTALS
4.01.010 - Purpose.
This chapter is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis as vacation rentals. The city seeks to promote vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods.
4.01.020 - Definitions.
For purposes of this chapter, the following words and phrases are defined as follows:
"Agent" means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.
"Bedroom " means a room designed primarily for sleeping purposes that meets the definition of the applicable California Building, Housing and related codes currently adopted by the city.
"Check in" or "registration" means the registration of a guest for a vacation-rental property with an owner or agent, or through a virtual registration procedure between the guest and the owner or agent that, at minimum:
1. Verifies the identities of all responsible parties;
2. Requires the responsible party(ies) to sign the Good Neighbor Policy; and
3. Requires the responsible party(ies) to execute the rental contract.
An owner or agent that performs check-in shall be certified by the city to do so as provided by administrative policy.
"Contract" means an agreement or evidence of any tenancy that allows or provides for occupancy of a vacation-rental property. A contract is any occupancy of a property where any compensation or fees are paid for or related to such occupancy, whether or not occupancy is evidenced in an agreement or document. A contract is not required for home-sharing, as defined herein.
"Dwelling unit" shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by a family or household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels. "Good Neighbor Policy" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of vacation rentals.
"Home-sharing" or "home sharing property" means the rental of no more than two bedrooms in a detached single-family dwelling unit, for compensation, for a term of twenty-eight (28) or fewer consecutive days while the owner of the unit lives on-site and in the home, throughout the visitor's stay.
"Hosting platform" or "hosting site" means a person or entity who participates in homesharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee. "Owner" means a person or entity, who holds record fee title to the vacation rental property, except that "owner" does not include the holder of a leasehold interest in the vacation rental property.
"Responsible party" means the lessee of a vacation-rental property. “Short-term rental facilitator” as defined by Government Code section 50991(g) and herein means a person or entity that facilitates for consideration, regardless of whether it is deducted as fees from the transaction, the occupancy of a short-term rental that is not owned by the person facilitating the rental, through a marketplace operated by the person or a related person or entity, and that does both of the following:
3. Directly or indirectly, through one or more related persons, engages in any of the following:
a. Transmits or otherwise communicates the offer or acceptance between the purchaser and the operator.
b. Owns or operates the infrastructure, electronic or physical, or technology that brings purchasers and operators together.
c. Provides a virtual currency that purchasers are allowed or required to use to facilitate the occupancy of a short-term rental from the operator. d. Software development or research and development activities related to any of the activities described in paragraph (2), if such activities are directly related to facilitating short-term rentals.
4. Directly or indirectly, through one or more related persons, engages in any of the following activities with respect to facilitating short-term rentals:
a. Payment processing services.
b. Listing homes, houses, or rooms in homes or houses, campsites, or other lodgings that are not a hotel or motel, and that are not owned by that person or a related person, for rental on a short-term basis.
c. Setting prices.
d. Branding short-term rentals as those of the short-term rental facilitator. e. Taking orders or reservations.
Short-term rental facilitator includes a hosting platform or hosting site as herein defined. For purposes of this definition, marketplace as defined by Government Code section 50991(c) and herein means a physical or electronic place, including, but not limited to, a store, booth, internet website, catalog, television or radio broadcast, or a dedicated sales software application, where a marketplace seller facilitates the occupancy of a short-term rental for delivery in this state. "Vacation rental" or "vacation-rental property" means a residential dwelling unit, or any portion thereof, that is leased for a term of twenty-eight (28) or fewer consecutive days. "Vacation rental" or "vacation-rental property" includes properties where a home-sharing takes place unless expressly indicated otherwise.
4.01.030 - License required.
A. A current, valid and active annual license issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a vacation-rental property. Each vacation-rental property on a site requires a license.
B. The license shall be conspicuously posted inside of the vacation-rental property and the license number shall be included on all advertisements or solicitations for the vacation-rental property, including, but not limited to hosting sites, websites, social media postings, emails, and print ads.
C. Upon sale or change of vacation-rental property ownership, the license shall automatically expire and the property shall not be used as a vacation rental until the new or successor owner obtains a license for the vacation rental. A change in ownership of a business entity that owns a vacation rental property such that the property is subject to property tax reassessment constitutes a change of ownership for the purposes of this provision and results in the expiration of the license. Notwithstanding the above, a change of vacation-rental ownership between family members or among spouses, including as a result of death or divorce or transfer to a personal or family trust, shall not result in expiration of a license. "Family members" shall mean spouses, as well as biological, step or adopted children, parents, step parents or in-law parents, brothers/sisters, grandparents, grandchildren , uncles, aunts, nephews or nieces of the owner.
D. A transferring owner shall notify the city in writing of any change in vacation-rental ownership, including a change of vacation-rental ownership between family members, a personal or family trust or among spouses, not later than fifteen (15) business days after the change in ownership.
4.01.040 - Licensing procedure.
A. All vacation-rental licenses issued by the city shall have a term of no more than one year. An owner shall apply to the city for a new license or for the annual renewal of a license for each vacation-rental property and pay a fee established by resolution of the city council. The fee shall be non-refundable. The fee shall be sufficient to allow for comprehensive and complete enforcement of the regulations in this section. The city shall provide an application form and list of application and insurance requirements. If an owner submits a renewal application with the city prior to the license's expiration date, the license shall remain valid until the city renders a decision on the license renewal. Any renewal of a license shall have a term of one year following the date of expiration of the prior license.
1. At the time of applying for a new license or for renewal of an existing license, all business entities and personal or family trusts must provide the names, contact information, and any other information deemed necessary by the city, of each natural person holding a legal, equitable, or beneficial interest in the business entity, personal business or personal or family trust that owns the vacation rental, and the address of each vacation rental owned by each such business entity, personal business or trust.
The city shall, to the maximum extent permitted by law, maintain the confidentiality of such information. Unless otherwise required by law, the city shall not disclose any of this information in response to a public records request.
2. When reviewing applications for new licenses and prior to issuing a new license, the city shall utilize the information provided under subsection A1 to ensure that no natural person has any legal, equitable, or beneficial interest in more licenses than permitted in subsection B.
3. If an owner seeking renewal of a license fails to provide all required application information to the city within sixty (60) days following written demand by the city, the application for renewal shall be closed out, no license renewal shall be issued, and the owner shall be required to submit a new application and fee to the city to seek a new license.
B. An owner may not hold more than two licenses, except that an owner holding more than two licenses as of September 16, 2021, may renew those licenses unless they have been revoked or not renewed.
C. As a courtesy each year, the city will provide a notice to the owner or their agent by standard and/or electronic mail at least sixty (60) days prior to an existing license's expiration that the owner or their agent must apply to the city to renew a license. The city may adopt an administrative policy to specify the notice procedures and to allow an owner to opt out of some or all of these notices. Notwithstanding the above, failure of an owner or agent to receive a notice shall not relieve the owner of the obligation to apply for a license renewal nor shall it operate to extend the term of any license beyond its expiration date.
D. The city shall not renew any licenses for any vacation-rental property units with unpaid city taxes or fines outstanding that the owner is responsible for, if all administrative appeals have been exhausted, unless the owner has entered into an agreement with the city for payment of said taxes or fines that allows renewal of a license.
4.01.050 - Transient occupancy tax/tourism business improvement district assessment.
A. Except as provided in subsection B below, the owner is responsible for collecting and remitting transient occupancy tax and tourism business improvement district assessments to the city and shall comply with all provisions of Chapter 3.20 of this Code concerning transient occupancy taxes.
B. Beginning January 1, 2022, short-term rental facilitators shall be responsible for collecting all applicable transient occupancy taxes and tourism business improvement district assessments and remitting the same to the city. The short-term rental facilitator shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.20.
C. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a short-term rental facilitator is remitting the taxes due on their behalf.
D. Licensees making two or more late submittals in a twelve-month period shall not have their license renewed upon expiration.
E. Owners shall provide all transient occupancy tax/tourism business improvement district assessment related documents to the city within five business days of the city's written request, as more particularly set forth in Section 4.01.080. If any documents are not in the possession of an owner but are in the possession of an agent, the owner shall promptly request said documents from the agent within three business days of the city's written request and the documents shall be provided to the city within five business days thereafter.
F. Timely payment of applicable transient occupancy taxes/tourism business improvement district assessments for a vacation-rental property shall not excuse an owner's noncompliance with any other provisions of this chapter and the city may impose fines or take other action as set forth in this chapter to address said noncompliance.
4.01.060 - Operational requirements.
A. The owner and owner's agent shall ensure that the vacation rental property complies with all applicable codes regarding fire, building and safety, zoning, lighting, and all other laws and regulations.
B. All responsible party and guest check-ins must be performed in person by the owner or the owner's agent, or by confirmation of arrival through a virtual registration procedure between the guest and the owner or agent. The responsible party must sign a copy of the city's Good Neighbor Policy prior to or during check-in. If using virtual registration, the owner or their agent shall secure the signature of the responsible party staying at the vacation-rental property prior to occupancy. The owner shall retain a copy of each signed Good Neighbor Policy for a period of one year from the date of check-in. A copy of the signed policy shall be provided to the city by the owner or owner's agent upon request. An owner or agent may provide an electronic process for guests to sign and acknowledge the Good Neighbor Policy at check-in.
C. Occupancy of the vacation-rental property shall always be limited to the limit stated on the license. Such occupancy shall not exceed two adults per bedroom, plus two additional adults, not including persons under eighteen (18) years of age; but the total number of persons, including persons under eighteen (18) years of age, may not exceed one person per two hundred (200) square feet of living space or sixteen (16) persons, whichever is less.
D. No party, wedding, or other gathering exceeding occupancy limits is permitted without prior written approval by the city manager or the city manager 's designee at least fourteen (14) business days in advance. City approval is discretionary and may be subject to reasonable conditions.
E. Off-street parking spaces shall be provided on the vacation-rental property sufficient for all vehicles and trailers associated with the vacation-rental property or its occupants in accordance with Section 17.25.070. Parking is allowed only in designated driveways and garages. Gravel parking spaces approved for vacation rental properties licensed before January 11, 2021, and originally constructed after January 1, 2004, shall continue to be allowed until January 1, 2026. Properties licensed before January 11, 2021, that do not contain off-street parking spaces shall continue to be allowed until January 1, 2026. Off-street parking at a vacation-rental property shall always be limited to the limit stated in the license, provided however that the number of vehicles parked at the vacation-rental property shall not exceed the number of legal parking spaces on the vacation-rental property. For purposes of this subsection, "vehicles" shall include passenger cars, towing trailers and boats. Further, the owner or agent shall remove snow from required parking spaces and access drives to off-street parking spaces prior to and during occupancy of the vacation rental if snow accumulation exceeds two inches. If the city has not reduced the snow berm at the driveway prior to or during occupancy, the owner or agent shall reduce the berm to provide guest access to the required off-street parking spaces.
F. Upon the request of the city, the owner or the owner's agent shall respond in person at the vacation-rental property within thirty (30) minutes of dispatch of notice by the city to correct any violation of this chapter or any other provision of this code. If the responsible patty or any guest at a vacation-rental property fails to follow the reasonable direction of the owner or owner's agent to comply with this ordinance or this code, the owner or owner's agent shall notify the city and refer the matter to lawful authority. Any responsible patty and guests must comply with any lawful order of any fire, law enforcement, code enforcement or any other public safety officer, which may include vacating or removal from the vacation-rental property.
G. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any other machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property.
H. Any activity, whether indoor or outdoor, on the vacation-rental property that disturbs the peace and the use of an outdoor spa by a responsible party and/or their vacation rental guests are prohibited between the hours of 10:00 p.m. and 7:00 a.m.
I. Each vacation-rental property shall be equipped with no more than a single informational sign not to exceed two square feet in area. Each sign shall be clearly visible from the street, include the city's code compliance hotline/reporting telephone number, the 24/7 agent contact telephone number, the maximum number of occupants, and the maximum number of vehicles permitted plus additional information required by administrative policy of the city.
J. Trash and refuse shall not be left stored within public view except in proper containers for the purpose of collection by the collectors. No container shall be placed in or adjacent to a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time. Containers shall be removed from, within or adjacent to the street or right-of-way within twenty-four (24) hours after collection. The owner shall ensure compliance with all the provisions of Chapter 8.64 of this Code ("Solid Waste Management, Collection or Solid Waste and Recyclable Material, and Edible Food Recovery") or by such other means as may be approved by the city. Alternatively, trash and refuse may be disposed at "Clean Big Bear" sites as authorized by the city.
K. Incessant barking from dogs of a responsible party and/or their vacation rental guests heard beyond the property line is prohibited.
L. The owner shall include written notice to the responsible patty of the identified requirements of this section in all contracts and shall post a copy of the current license and the requirements of this section at the interior entrance or other prominent location within the vacation-rental property.
M. No person may enter into a vacation-rental contract with an owner or agent for occupancy of a vacation rental property unless that person is at least eighteen (18) years of age. No owner or agent may enter into a vacation-rental contract with any person for occupancy of a vacation rental property unless that person is at least eighteen ( 18) years of age.
4.01.070 - Agency and certification.
An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the city of any grant of such authority, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority. The use of an agent shall not excuse the owner from the owner's obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the city.
4.01.080 - Inspection and audit.
A. Each owner and owner's agent shall provide the city with access to the vacation rental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the city may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled. Any access to such records and documents including, but not limited to, bank statements, tax returns, and responsible person and lessee or guest names, email addresses and governmentissued identification documents or information for inspection or audit shall be performed by the city on a confidential basis with any social security and bank account numbers and government-issued identification names and numbers redacted and shall not be copied and shall remain in the possession, custody or control of the owner during the inspection or audit by the city. The city shall, to the maximum extent permitted by law, maintain the confidentiality of the information contained in such records and documents, including, but not limited to, bank statements and tax returns, any responsible party and guest names, e-mail, home and business addresses and government-issued identification documents. Unless otherwise required by law, the city shall not disclose any of this information in response to a public records request.
B. Every applicant applying for a license or for renewal of an existing license shall provide the city access to any premises, property or dwelling unit which is the subject of the application, and, upon reasonable advance written notice to the owner and/or agent, the city shall be permitted to make any inspections as the city may determine is necessary from time to time throughout the application process. If a license is issued or renewed, the city shall, upon reasonable advance written notice to the owner and/or agent, be permitted access to the subject premises, property or dwelling unit in order to determine continued compliance with this chapter and/or any conditions of approvals set forth in the respective license.
4.01.090 - Short-term rental facilitator responsibilities.
A. Each month, short-term rental facilitators shall, promptly disclose to the city the following information:
1. Physical address, including nine-digit ZIP Code of each short-term rental within the city;
2. The assessor parcel number of each short-term rental;
3. The URL associated with the specific short-term rental listing;
4. If applicable, information exclusively related to the identification of an accessory dwelling unit, guest house, or single unit of a timeshare or multifamily housing project located at a single address for the short-term rental;
5. The host ID of each short-term rental listing;
6. The listing ID of each short-term rental listing;
7. The names of the persons responsible for each short-term rental listing;
8. The length of stay for each short-term rental listing; and
9. The price paid for each stay for each short-term rental listing.
B. A short-term rental facilitator is responsible for collecting and remitting transient occupancy taxes and tourism business improvement district assessments on behalf of their hosts, in accordance with this Code. Short-term rental facilitators shall cooperate with and allow the city to conduct an audit or otherwise examine the records of the short-term rental facilitator documenting the receipt of the transient occupancy taxes and tourism business improvement district assessments due and payable to the city.
C. A short-term rental facilitator shall promptly remove any listing upon receipt of a takedown notice from the city indicating that a listing violates applicable legal requirements.
D. A short-term rental facilitator shall require all hosts to include a valid license number in a designated field dedicated to the license prior to advertising or facilitating a short-term rental listing.
4.01.100 - Violations and penalties.
A. The city may issue an administrative citation to any person who either:
1. Operates a vacation-rental property without a current license; or
2. Advertises a vacation rental property with false license or occupancy information, offering self-check-in, or without including a valid license number for the property in the advertisement; or
3. Fails to provide records and other information required to be provided to the city under this chapter.
The administrative fine for the first citation shall be in the amount of one thousand five hundred dollars ($1,500.00). Any person violating this subsection shall be permanently ineligible to operate any vacation-rental property in the city, and any property that is operated as a vacationrental property in violation of this subsection shall be ineligible to be issued a vacation-rental property license for a period of one year from the most recent citation issued for violating this subsection. If the person continues to operate a vacation-rental property in violation of this subsection within a twelve-month period from the first violation, the city may issue second administrative citation, with an administrative fine in the amount of two thousand five hundred dollars ($2,500.00). Any additional violations occurring within a twelve-month period from the first violation may be subject to additional citations of five thousand dollars ($5,000.00) each.
Each violation constitutes a separate violation of this chapter. Any person operating an unlicensed vacation-rental property remains liable to the city for the payment of any applicable transient occupancy tax and tourism business improvement district assessments in accordance with the provisions of Chapter 3.20 of this Code, including without limitation penalties and interest.
B. For any violation of this chapter that is not subject to subsection A above, the city may impose an administrative fine for the first violation in the amount of five hundred dollars ($500.00). The city may impose an administrative fine for a second violation within a twelve-month period from the first violation in the amount of one thousand dollars ($1,000.00). The city may issue an administrative fine for third and subsequent violations within a twelve-month period from the first violation in the amount of one thousand five hundred dollars ($1,500.00) each. Upon the third violation in any twelve-month period of any provision of this chapter that is not subject to subsection A above, the license for that vacation-rental property may be suspended or revoked by the city.
C. Except as stated herein, each administrative citation for a violation of any provision of this chapter may be levied or assessed against one or more of: the owner, the owner's agent, a short-term rental facilitator, including hosting platform or hosting site, and the responsible party. The city may initiate suspension or revocation of a license after one violation. Each violation which occurs is a separate violation, even if each violation occurs on the same calendar day, for which the city may issue a separate administrative citation and fine.
D. The failure of an owner or the owner's agent to comply with lawful order of any fire, law enforcement, code enforcement or any other public safety officer may result in the revocation or suspension of the license.
E. The appeal and hearing provisions of Section 1.17.070 of this Code apply to any revocation or suspension of a license. In lieu of revocation or suspension of a license, the city manager, at his or her discretion, may place additional operating conditions on a vacation-rental property license.
F. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from pursuing any other remedy, whether criminal, civil, or administrative, through which the city may enforce this chapter or address any violation of this Code or to remedy any other public nuisance
G. Owners and agents must accept all city vacation-rental-related correspondence, including, but not limited to, notices of violation, administrative citations, registration materials, notices of regulatory changes, and transient occupancy tax notices via email delivery. It is the responsibility of the owner and agent to ensure that the email address provided on the license application is active and monitored regularly.
FINE SCHEDULE
Code
Section Violation 1st 2nd 3rd+
4.01.030(A)
Renting and/or
advertising without a
current license or
misrepresenting
provisions of the license.
$1,500.00 $2,500.00 $5,000.00
Code
Section Violation 1st 2nd 3rd+
4.01.060(J)
Maintenance issues
(trash, pine needles
(roof), other debris, etc.)
Warning will be issued
and potential violation
will be sent to Big Bear
Fire Authority
$500.00 $1,000.00 $1,500.00
4.01.060(A)
Zoning (lighting,
unpermitted
construction) dark skies.
A one-time warning will
be issued, and the
violation must be
corrected within 30 days
of issuance of the
warning
4.01.060(I)
Missing or incorrect
information on exterior
sign
A one-time warning will
be issued, and the
violation must be
corrected within 30 days
of issuance of the
warning
4.01.060(K)
Excessive dog noise
A one-time warning will
be issued, case may be
referred to SB County
Sheriff's Dept.
4.01.060(B) Failure to provide proof
Code
Section Violation 1st 2nd 3rd+
of signature for the Good
Neighbor Policy
4.01.060(C),
(D) Over occupancy
4.01.060(E)
Excessive
vehicles/improper
parking (parking on the
street or front yard)
4.01.060(F) Failure of agent response
within 30 minutes
4.01.060(G)
Amplified music
(noise/speaker) that is
heard past the property
line
4.01.060(H) Noise, outdoor activity,
or use of outdoor spa
4.01.105 - Authority to make rules and regulations.
The city shall have the authority to establish administrative rules and regulations, which may include, but are not limited to, registration conditions, notice and repairing requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, consistent with the provisions of this chapter, for the purpose of implementing, interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this chapter.
4.01.110 - Vacation rental eligibility table.
Zoning district Improvements on property Vacation rental eligibility R-L & R-1 zones
1 single-family unit Eligible
1 single-family unit &
detached guest house (no
kitchen)
Eligible, as one unit combined. Must
rent the entire property to same party.
No kitchen allowed in guest house.
1 single-family unit & ADU Eligible for Primary Residence only, ADU is not eligible
1+ detached single-family
units Only 1 unit is eligible
1+ attached single-family
units Only 1 unit is eligible
R-3 zone
1 single-family unit Eligible
1 single-family unit &
detached guest house (no
kitchen)
Eligible, as one unit combined. Must
rent the entire property to same party.
No kitchen allowed in guest house.
1 single family unit & ADU Eligible for Primary Residence only, ADU is not eligible
1+ detached single-family
units Only 1 unit is eligible
2—4 attached single-family
units All are eligible
>4 attached single-family
units under single ownership
(apartments)
None are eligible
>4 attached single-family
units under multiple
ownership (condominiums)
All are eligible
Commercial zones
(including village 1 single-family unit Village commercial = eligibleCommercial zones = not eligible Zoning district Improvements on property Vacation rental eligibility commercial) Mixed-use building
1+ detached single-family
units
1+ attached single-family
units
None are eligible
* Owners of licensed properties as of January 11, 2021 that are not in compliance with the above table can continue to renew license unless it has been revoked or expired more than thirty (30) days.
SECTION 9. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determination are based are on file in the office of the City Clerk.
SECTION 10. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 11. Certification and Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be posted in at least three public places in the City in lieu of publication unless publication is requested by the City Council or otherwise required by law.
SECTION 12. Effective Date. This Ordinance shall become effective 30 days after its adoption.
PASSED, APPROVED AND ADOPTED this 13th day of May, 2026. ____________________________
Randall Putz, 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. 2026-xxx is a full, true and correct original of Ordinance No. 2026-xxx of the City of Big Bear Lake entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR
LAKE, CALIFORNIA, AMENDING CERTAIN SECTIONS OF CHAPTER
3.20 ("TRANSIENT OCCUPANCY TAX") OF TITLE 3 ("REVENUE AND FINANCE"), CHAPTER 5.02 (“BUSINESS LICENSES”) OF TITLE 5 (“BUSINESS LICENSES, TAXES, AND REGULATIONS”), CHAPTERS 1.16 (“GENERAL PENALTIES”) AND 1.17 (“ADMINISTRATIVE CITATIONS AND HEARINGS”) OF TITLE 1 (“GENERAL PROVISIONS”), CHAPTER
8.80 (“PUBLIC NUISANCES”) OF TITLE 8 (“HEALTH AND SAFETY”).
AND CHAPTER 4.01 (“VACATION RENTALS”) OF TITLE 4 (“VISITORSERVING USES AND TOURISM”) OF THE BIG BEAR LAKE MUNICIPAL
CODE TO UPDATE AND STREAMLINE THE CITY'S PROCEDURES FOR
TRANSIENT OCCUPANCY TAX, BUSINESS LICENSE REGULATIONS,
PENALTY PROVISIONS, AND OBLIGATIONS OF SHORT-TERM
RENTAL FACILITATORS AND MAKE OTHER TECHNICAL
AMENDMENTS TO SAID PROVISIONS; AND FINDING THESE
AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
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 13th day of May, 2026, and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2026-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City. _____________________________
Erica Stephenson, City Clerk
EXHIBIT A
REDLINE VERSION
Proposed Text Changes to Municipal Code per Ordinance 2026-xxx Various Sections within Chapter 3.20 (Transiency Occupancy Tax) of Title 3 (Revenue and Finance), Chapter 5.02 (“Business Licenses”) of Title 5 (Business Licenses, Taxes, and Regulations), Chapter 4.01 (“Vacation Rentals”) of Title 4 (Visitor-Serving Uses and Tourism), Chapter 1.16 (“General Penalties”) and 1.17 (“Administrative Citations and Hearings”) of Title 1 (General Provisions), and Chapter 8.80 (“Public Nuisances”) of Title 8 (Health and Safety) of the Big Bear Lake Municipal Code. Proposed changes shown in RED for added language and STRIKETHROUGH for deleted text:
Chapter 3.20 - TRANSIENT OCCUPANCY TAX
3.20.010 - Short title.
The short title of this chapter shall be known as the "Transient Occupancy Tax Ordinance."
3.20.020 – Definitions.
Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter:
A. "Hotel" means any structure, or any portion of any structure, which is occupied, intended or designed for use or occupancy by transients, including but not limited to dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house, or portion thereof, duplex, triplex, singlefamily dwelling units, and vacation rentals.
B. "Occupancy" means the use or possession, or the right to the use or possession, of any room, rooms or any portion thereof offered for rent for dwelling, lodging or sleeping purposes, regardless of the purpose for which such rooms are rented.
C. "Operator" means the person who is proprietor of the hotel whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his/her functions through a managing agent of any type or Item 2.1
Attachment 2
character, the managing agent shall also be deemed an operator for the purpose of this chapter, and shall have jointly and severally the same duties and liabilities as his/her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.
D. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.
E. "Rent" means the amount of the consideration charged or chargeable to the tenant for the occupancy of space, valued in money whether received in money, goods, labor or otherwise, including in full value of receipts, cash, credits, property or services of any kind or nature, without any deduction whatsoever. It is not the intent of this subsection to make the operator liable for the tax on uncollected rent. However, uncollected rent must be reported.
F. “Short-term rental facilitator” as defined by Government Code section 50991(g) and herein means a person or entity that facilitates for consideration, regardless of whether it is deducted as fees from the transaction, the occupancy of a short-term rental that is not owned by the person facilitating the rental, through a marketplace operated by the person or a related person or entity, and that does both of the following:
1. Directly or indirectly, through one or more related persons, engages in any of the following:
a. Transmits or otherwise communicates the offer or acceptance between the purchaser and the operator.
b. Owns or operates the infrastructure, electronic or physical, or technology that brings purchasers and operators together.
c. Provides a virtual currency that purchasers are allowed or required to use to facilitate the occupancy of a short-term rental from the operator. d. Software development or research and development activities related to any of the activities described in paragraph (2), if such activities are directly related to facilitating short-term rentals.
2. Directly or indirectly, through one or more related persons, engages in any of the following activities with respect to facilitating short-term rentals:
a. Payment processing services.
b. Listing homes, houses, or rooms in homes or houses, campsites, or other lodgings that are not a hotel or motel, and that are not owned by that person or a related person, for rental on a short-term basis.
c. Setting prices.
d. Branding short-term rentals as those of the short-term rental facilitator. e. Taking orders or reservations.
Short-term rental facilitator includes a hosting platform or hosting site as defined in Chapter 4.01.
For purposes of this definition, marketplace as defined by Government Code section 50991(c) and herein means a physical or electronic place, including, but not limited to, a store, booth, internet website, catalog, television or radio broadcast, or a dedicated sales software application, where a marketplace seller facilitates the occupancy of a short-term rental for delivery in this state.
G. "Tax administrator" means the city manager or his/her designated agent.
H. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of twenty-eight (28) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient if his actual total period of occupancy does not exceed twenty-eight (28) days.
I. "Vacation rental" means a residential dwelling unit subject to licensing as a vacation rental pursuant to Chapter 4.01.
J. "Lodging business" means hotel and vacation rental as defined above.
K. "Agent" means a person designated by the operator to perform the duties required by this chapter.
L. "Owner” or “Property owner” means the person who owns the property where the hotel subject to this Chapter is located, whether in the capacity as operator of the hotel or not.
3.20.030 - Tax imposed. Modified
A. For the privilege of occupancy in any hotel, each transient is subject to, and shall pay a tax on the rent charged by an operator, as follows:
1. As of January 1, 2024, a tax in the amount of nine percent; and
2. As of January 1, 2025, a tax in the amount of ten percent.
B. Insofar as the transient is concerned, the tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city.
3.20.035 - Tourism business improvement district assessment.
A. The city council renewed by resolution the Big Bear Lake Tourism Business Improvement District (BBLTBID) for a period of ten (10) years effective April 1, 2021.
B. The assessment is levied upon ski resort businesses and lodging businesses as defined by this chapter.
C. Payment of assessments shall be made by operators, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a short-term rental facilitator, along with their tax obligations pursuant to the same provisions for tax collection contained in this chapter.
3.20.040 - Exemptions.
A. No tax shall be imposed upon:
1. Any person as to whom, or any occupancy as to which it is beyond the power of the city to impose the tax herein provided;
2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
B. No exemptions shall be granted except upon a claim therefor made at the time the rent is collected and under penalty of perjury upon a form prescribed by the tax administrator.
3.20.050 - Operator's duties.
Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of the tax and BBLTBID assessment shall be separately stated from the amount of the rent charged. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator; or that it will not be added to the rent; or that, if added, any part will be refunded, except in the manner hereinafter provided. Operators may designate and assign these obligations to an agent. Such an action does not relieve the operator of all responsibilities contained in this chapter.
3.20.050 - Operator's and Short-Term Rental Facilitator’s duties.
Each operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of the tax and BBLTBID assessment shall be separately stated from the amount of the rent charged. No operator or shortterm rental facilitator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator or shortterm rental facilitator; or that it will not be added to the rent; or that, if added, any part will be refunded, except in the manner hereinafter provided. Operators or short-term rental facilitator may designate and assign these obligations to an agent. Such an action does not relieve the operator or short-term rental facilitator of all responsibilities contained in this chapter. Use of a short-term rental facilitator does not absolve any operator of their duties under this chapter.
Operators, and where operators use a short-term rental facilitator to collect assessments under this chapter, and short-term rental facilitators, have equal responsibility under this chapter.
3.20.060 - Permit required—Application.
A. Every person desiring to engage in or conduct business as operator of a hotel renting to transients within the city shall file with the tax administrator an application for a transient occupancy registration permit for each place of business. Every application for such a permit shall be made upon a form prescribed by the tax administrator and shall set forth the name under which the applicant transacts or intends to transact business, the location of his place of business, the owner of the property, if different from the operator, and such other information as the tax administrator may require. The application shall be signed by the operator, if a natural person, by a member or partner if an association or partnership, or by an executive officer or some person specifically authorized by the corporation to sign the application in the case of a corporation. The transient occupancy registration permit must be in effect at all times while the business is in operation and shall be at all times posted in a conspicuous place on the premises. The permit shall, among other things, state the following:
1. Name of hotel;
2. Name of operator;
3. Name of property owner, if different from operator;
4. Hotel address;
5. The date upon which the permit was issued;
6. "This Transient Occupancy Registration Permit signifies that the person named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax Chapter by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occupancy Tax and remitting the tax to the Tax Administrator. This Permit does not authorize any person to conduct any lawful business in any unlawful manner, nor operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit or license from any board, commission, department or office of this City. This Permit does not apply in lieu of such other permits which are otherwise required."
7. “This Transient Occupancy Registration Permit signifies that the property owner acknowledges and understands that the property will be operated as a hotel subject to the City’s Transient Occupancy Tax requirements in Chapter 3.20 of the Big Bear Lake Municipal Code and that the failure to collect or remit such Transient Occupancy Taxes and other amounts as set forth in Chapter 3.20 may result in enforcement action by the City, including but not limited to, the recordation of a lien against the property.”
B. The lack of a registration permit shall not void the requirement of non-registered operators or non-licensed vacation rental operators from collecting and remitting transient occupancy tax and BBLTBID assessment.
3.20.070 - Returns and remittances.
The tax imposed under Section 3.20.030 is:
A. Due to the tax administrator at the time it is collected by the operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a short-term rental facilitator; and
B. Becomes delinquent and subject to penalties if not received by the tax administrator on or before the last working day of the month following the close of each calendar month.
3.20.080 - Reporting and remitting.
Each operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided or requested by the city, of the total rents charged and received and the amount of tax collected for transient occupancies and the average number of rental units available during the remittance period, the total number of unit bookings (per individual/group) during the remittance period, and number of unit nights that were rented. Effective January 1, 2022, the due date shall be on or before the last day of the month following the close of each calendar month. Each such return shall contain a declaration under penalty of perjury, executed by the operator, short-term rental facilitator where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, or his authorized agent, that to the best of the signatory's knowledge, the statements in the return are true, correct and complete. Amounts claimed on the return as exempt from the tax pursuant to Section 3.20.040 shall be fully itemized and explained on the return or supporting schedule. In determining the amount of taxable receipts on the tax return, rent as defined in subsection 3.20.020E., may not be reduced by any business expenses, including, but not limited to, the amount of service charges deducted by credit card companies, advertising or online platform fees, or commissions paid to travel agencies. At the time the return is filed, the tax fixed at the prevailing transient occupancy tax rate for the amount of rentals charged or chargeable, which are not exempt from tax under Section 3.20.040, and BBLTBID assessments shall be remitted to the tax administrator by the operator and/or short-term rental facilitator. The tax administrator may establish other reporting periods and may require a cash deposit or bond, or a separate trust fund bank account for any permit holder if deemed necessary in order to ensure collection of the tax, and may require further information in the return and/or that the return be submitted in an alternative format, including by not limited to, paper remittance forms, excel files, or through an online/digital platform by the operator and/or short-term rental facilitator. All taxes collected by operators or short-term rental facilitators pursuant to this chapter shall be held in trust for the account of the city until remittance thereof is made to the tax administrator.
3.20.090 - Cessation of business.
Each operator shall notify the tax administrator, ten (10) days prior to the sale or cessation of business for any reason, and returns and remittances are due immediately upon the sale or cessation of business.
3.20.100 - Delinquency—Interest and penalties.
Any operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, who fails to remit any tax and BBLTBID assessment to the city or any amount of tax and BBLTBID assessment required to be collected and remitted to the city, including amounts based on determination made by the tax administrator under Section 3.20.120, within the time required, shall pay a penalty of ten percent (10%) of the tax or amount of the tax and BBLTBID assessment in addition to the tax and BBLTBID assessment or amount of tax and BBLTBID assessment plus interest at the rate of one percent per month, or fraction thereof, from the date on which the tax and BBLTBID assessment or the amount of tax and BBLTBID assessment required to be collected becomes delinquent until the date of remittance or payment.
Any operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, who fails to pay any penalty imposed under this section within ten (10) days after receipt of notice thereof shall pay interest thereon at the rate of one percent per month, or fraction thereof, from the date on which the penalty becomes due and payable to the city until the date of payment.
3.20.110 - Fraud—Penalty.
If the tax administrator determines that the failure to make any remittance or payment due under this chapter is due to fraud, a penalty of one hundred percent (100%) of the amount of the tax, BBLTBID assessment and penalties shall be added thereto in addition to the penalties stated in Section 3.20.100.
3.20.120 - Failure to collect and report tax—Estimation of taxes due—Notification— Hearing.
If any operator, or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a shortterm rental facilitator, fails or refuses to collect the tax and BBLTBID assessment and to make, within the time provided in this chapter, any report and remittance of the tax and BBLTBID assessment or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of tax and BBLTBID assessment due. As soon as the tax administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax and BBLTBID assessment imposed by this chapter payable by any operator or short-term rental facilitator who has failed or refused to collect the same to make such report and remittance, he shall proceed to determine and assess against such operator or short-term rental facilitator the tax, BBLTBID assessment, interest and penalties provided for by this chapter. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally, via email with evidence of receipt, or by depositing it in the United States mail, postage prepaid, addressed to the operator or short-term rental facilitator so assessed at his last known address.
Such operator or short-term rental facilitator may within ten (10) days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator or short-term rental facilitator for a hearing is not made within the time prescribed, the tax, BBLTBID assessment, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give not less than five days' written notice in the manner prescribed herein to the operator or short-term rental facilitator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, BBLTBID assessment, interest and penalties. At such hearing, the operator or short-term rental facilitator may appear and offer evidence why such specified tax, BBLTBID assessment, interest and penalties should not be so fixed. After such hearing the tax administrator shall determine the proper tax and BBLTBID assessment to be remitted and shall thereafter give written or electronic notice to the person in the manner prescribed herein of the determination and the amount of such tax, BBLTBID assessment, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in Section 3.20.130.
3.20.130 - Appeal.
Any operator or short-term rental facilitator aggrieved by any decision of the tax administrator with respect to the amount of any tax, interest and penalties, if any, may appeal to the city manager by filing a notice of appeal with the city clerk within fifteen (15) days of the serving of the assessment or determination of tax and penalties, if any, due. The city manager shall fix a time and place for hearing the appeal, and the city clerk shall give notice in writing to the operator or short-term rental facilitator at his last known address. The findings of the city manager shall be final and conclusive and shall be served upon the appellant in the manner prescribed above of service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.
3.20.140 - Records to be kept—Inspection—Subpoena.
It shall be the duty of every operator or short-term rental facilitator liable for the collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter to keep and preserve, for a period of three years, records in such form as the tax administrator may require to determine the amount of such tax. The tax administrator shall have the right to inspect such records at all reasonable times and may subpoena the records of any operator or short-term rental facilitator who refuses to make them available for examination.
3.20.150 - Refunds.
A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections B. and C. of this section, provided a claim in writing therefore, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claims shall be on forms furnished by the tax administrator.
B. An operator or in the case where a short-term rental facilitator facilitates collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, then a short-term rental facilitator, may claim a refund for the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the person or credited to rent subsequently payable by the person to the operator or shortterm rental facilitator.
C. A transient may obtain a refund of taxes overpaid or paid more than once erroneously, or illegally collected or received by the city, by filing a claim in the manner provided in subsection A. of this section, but only when the transient, having paid the tax to the operator or short-term rental facilitator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator or short-term rental facilitator who collected the tax.
D. No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records.
E. Overpayments of taxes and assessments caused by mathematical error of the operator or short-term rental facilitator will be refunded only upon request of the operator or shortterm rental facilitator and such requests must be made within forty-five (45) days of overpayment.
3.20.160 - Revocation of permit.
Whenever any operator or short-term rental facilitator fails to comply with any provision of this chapter relating to occupancy tax, or any rule or regulation of the tax administrator relating to occupancy tax prescribed and adopted under this chapter, the tax administrator upon hearing, after giving the operator ten (10) days notice in writing specifying the time and place of hearing and requiring him to show cause why his permit or permits should not be revoked, may suspend or revoke any one or more of the permits. The notices herein required may be served personally or by mail in the manner prescribed for service of notice of a deficiency determination. The tax administrator shall not issue a new permit after the revocation of a permit unless he is satisfied that the former holder of the permit will comply with the provisions of this chapter relating to the occupancy tax and regulations of the tax administrator. Vacation rental license holders are also subject to the revocation of the vacation rental license associated with the property if found to be in violation of this chapter and are subject to administrative citations pursuant to Chapter 4.01.
3.20.170 - Closure of hotel without permit.
During any period of time during which a permit has not been issued, or is suspended, revoked or otherwise not validly in effect, the tax administrator may require that the hotel be closed.
3.20.180 - Recording certificate—Lien.
If any amount required to be remitted or paid to the city under this chapter is not remitted or paid when due, the tax administrator may, within three years after the amount is due, file for record in the office of the county recorder a certificate specifying the amount of tax, penalties and interest due, the name and address as it appears on the records of the tax administrator of the operator liable for the same, and the fact that the tax administrator has complied with all provisions of this chapter in the determination of the amount required to be remitted and paid. From the time of the filing for record, the amount required to be remitted, together with penalties and interest, constitutes a lien upon all real property in the county owned by the operator or afterward and before the lien expires acquired by the operator and/or a lien upon the property where the hotel operates whether the operator is the owner of the property or not. The lien has the force, effect and priority of a judgment lien and shall continue for ten (10) years from the time of filing of the certificate unless sooner released or otherwise discharged.
3.20.190 - Priority and lien of tax.
A. The amounts required to be remitted and/or paid by any operator under this chapter, with penalties and interest, shall be satisfied first in any of the following cases:
1. Whenever the person is insolvent;
2. Whenever the person makes a voluntary assignment of his assets;
3. Whenever the estate of the person in the hands of executors, administrators or heirs is insufficient to pay all the debts due from the deceased;
4. Whenever the estate and effects of an absconding, concealed or absent person required to pay any amount under this chapter are levied upon by process law.
This chapter does not give the city a preference over any recorded lien which attached prior to the date when the amounts required to be paid became a lien.
B. The preference given to the city by this section shall be subordinate to the preferences given to claims for personal services by Sections 1204 and 1205 of the Code of Civil Procedure.
3.20.200 - Warrant for collection of tax.
At any time within three years after any operator is delinquent in the remittance or payment of any amount herein required to be remitted or paid, including where an operator utilized a shortterm rental facilitator to facilitate the collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, or within three years after the last recording of a certificate under Section 3.20.180, the tax administrator may issue a warrant for the enforcement of any liens and for the collection of any amount required to be paid to the city under this chapter. The warrant shall be directed to any sheriff, marshal or constable and shall have the same effect as a writ of execution. The warrant shall be levied and sale made pursuant to it in the same manner with the same effect as a levy of and a sale pursuant to a writ of execution. The tax administrator may pay or advance to the sheriff, marshal or constable the same fees, commissions and expenses for his services as are provided by law for similar services pursuant to a writ of execution. The tax administrator, and not the court, shall approve the fees for publication in a newspaper.
3.20.210 - Seizure and sale.
At any time within three years after any operator is delinquent in the remittance or payment of any amount, including where an operator utilized a short-term rental facilitator to facilitate the collection and remittance to the city of any tax and BBLTBID assessment imposed by this chapter, the tax administrator may collect the amount in the following manner: The tax administrator shall seize any property, real or personal, of the operator or real property upon which the hotel operates if not otherwise owned by the operator to the extent authorized by law and sell the property, or a sufficient part of it, at public auction to pay the amount due, together with any penalties and interest imposed for the delinquency and any costs incurred on account of the seizure and sale. Any seizure made to collect occupancy taxes due shall be only of property of the operator not exempt from execution under the provisions of the Code of Civil Procedure.
3.20.220 - Successor's liability—Withholding by purchaser.
If any operator liable for any amount under this chapter sells out his hotel business or quits the hotel business, or if any owner of the real property upon which the hotel is located sells, transfers, assigns, or otherwise conveys his interest to another while amounts under this chapter are still due and owing, the applicable successor, assign, purchaser, transferee or otherwise new interested person in the hotel business and/or the property, shall withhold sufficient of the purchase price to cover such amount until the former business owner or property owner produces a receipt from the tax administrator showing that the amounts under this chapter have been paid or a certificate stating that no amount is due.
3.20.230 - Liability of purchaser—Release.
If the purchaser of a hotel or purchaser of a property upon which the hotel is located fails to withhold purchase price as required, he shall become personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money.
Within sixty (60) days after receiving a written request from the purchaser for a certificate, or within sixty (60) days from the date the former owner's records are made available for audit, whichever period expires the later, but in any event not later than ninety (90) days after receiving the request, the tax administrator shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the tax administrator of the amount that must be paid as a condition of issuing the certificate. Failure of the tax administrator to mail the notice will release the purchaser from any further obligation to withhold purchase price as provided above. The time within which the obligation of the successor may be enforced shall start to run at the time the operator sells his business or at the time the real property upon which the hotel is located is transferred, as the case may be, or at the time that the determination against the operator becomes final if an appeal is taken under section 3.20.130, whichever occurs the later.
For the avoidance of doubt, all unpaid amounts owed under this chapter may also be enforced against the real property upon which the hotel operates to the extent authorized by law, and purchasers or transferees of such property are deemed to have actual and constructive notice of such potential liability.
3.20.240 - Responsibility for payment.
Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been remitted to the city is a fiduciary obligation of the operator to the city and collectible in the same manner as a debt. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. The city shall have the right to examine, inspect, and audit the books and records of any person taxpayer hereunder and any deficiency found by such audit shall be assessed against such person taxpayer in the same manner as a debt. Any such deficiency which is in excess of one hundred dollars ($100.00) shall be increased by an amount equal to the cost to the city causing the audit to be made.
3.20.250 - Withhold notice.
If any person or operator is delinquent in the remittance or payment of the amount required to be remitted or paid by him, or in the event a determination has been made against him for the remittance of tax and payment of the penalty, the city may, within three years after the tax obligation became due, give notice thereof personally or by registered mail to all persons, including the state or any political subdivision thereof, having in their possession or under their control any credit or other personal property belonging to the taxpayer. After receiving the withholding notice, the person so notified shall make no disposition of the taxpayer's credits, other personal property or debts until the city consents to a transfer or disposition, or until sixty (60) days elapse after the receipt of the notice, whichever expires earlier. All persons, upon receipt of the notice, shall advise the city immediately of all such credits, other personal property or debts in their possession, under their control or owing by them. If such notice seeks to prevent the transfer or other disposition of a deposit in a bank, or other credits or personal property in the possession or under the control of the bank, to be effective the notice shall be delivered or mailed to the branch or office of such bank at which such deposit is carried or at which such credits or personal property is held. If any person so notified makes transfer or disposition of the property or debts required to be held hereunder during the effective period of the notice to withhold, he shall be liable to the city to the extent of the value of the release up to the amount of the indebtedness owed by the taxpayer of the city.
3.20.260 - Extension of time.
The tax administrator, for good cause, may extend for not to exceed one year the time for making any return or paying any amount required to be paid under this chapter. The extension may be granted at any time, provided a request therefore is filed with the tax administrator within or prior to the period for which the extension may be granted. Any person to whom an extension is granted shall pay, in addition to the tax, interest at the rate of one percent per month or fraction thereof, from the date on which the tax would have been due without the extension until the date of payment.
3.20.270 - Divulging of information forbidden.
It is unlawful for any person having an administrative duty under this chapter to make known in any manner whatever the business affairs, operations or information obtained by an investigation of the records of any operator or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed in any return, or to knowingly permit any return or copy thereof, any abstract or particulars thereof to be seen or examined by any person. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, may be given information as to the items included in the amount of unpaid tax or amounts of tax, penalties and interest required to be collected.
3.20.280 - Agreement with county.
The city is empowered to enter into a joint powers agreement with other cities and the county, and if such agreement or agreements can be made wherein central collection for the county is provided, then it shall be done upon approval of the city council.
3.20.290 - Expenses paid from gross receipts.
The expense for staff and collection of the tax herein provided shall be paid from the gross receipts.
3.20.300 - Use of proceeds.
The net proceeds from the tax imposed herein shall be used for any lawful purpose of the city.
3.20.310 - Violations—Misdemeanor.
A. Any operator or other person who knowingly or willfully fails or refuses to remit room tax collections to the tax administrator prior to the time of delinquency as specified in Section 3.20.070 through 3.20.090 is guilty of a misdemeanor.
B. Any person knowingly violating any of the provisions of this chapter is guilty of a misdemeanor.
C. Any operator or other person who willfully fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty of a misdemeanor.
3.20.310 - Violations—Remedies.
A. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, criminal, civil, or administrative abatement or any other legal remedy permitted by law, including through administrative citation pursuant to Chapter 1.17 of this Code and through nuisance abatement pursuant to Chapter 8.80. The city has the discretion to determine the appropriate enforcement action. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. The use of any one remedy shall not preclude the use of any other remedy authorized by the Big Bear Lake Municipal Code or by any other applicable law.
B. Violations deemed a misdemeanor.
1. Any person knowingly violating any of the provisions of this chapter is guilty of a misdemeanor.
2. Any operator or other person who knowingly or willfully fails or refuses to remit room tax collections to the tax administrator prior to the time of delinquency as specified in Section 3.20.070 through 3.20.090 is guilty of a misdemeanor.
3. Any operator or other person who willfully fails or refuses to register as required herein, or to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty of a misdemeanor.
C. Violations deemed an infraction. Alternatively, the City in its discretion may deem any violation of this chapter an infraction.
Chapter 5.02 - BUSINESS LICENSES
ARTICLE I. - LICENSE REQUIREMENTS AND PROCEDURES
5.02.010 - Purpose of provisions.
This chapter is enacted solely for the purpose of regulation.
5.02.020 - Definitions.
"Business" means professions, trades and occupations and all and every kind of calling whether or not carried on for profit or livelihood.
“Tax collector” means the city manager or his/her designated agent.
5.02.030 - License required.
A. There are imposed upon all businesses in the city, license fees in the amounts hereinafter set forth in this chapter. It is unlawful for any person, either for himself or for any other person, to commence, transact or carry on any business in the city not excluded by this chapter, without first having procured a license from the city to do so, or without complying with any and all regulations contained in this chapter.
B. The carrying on of any business without first having procured a license from the city to do so, or without complying with any and all regulations of this chapter, constitutes a separate violation of this chapter for each and every day that such business is so carried on. See also Section 5.02.410 of this chapter.
5.02.040 - Scope of license.
A. No license issued under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any ordinance of the city, or regulations of the state or federal court.
B. The application for a license, payment of a license fee, and/or the issuance of a license to any person by the city shall not entitle the licensee to carry on any business unless he/she has complied with all the requirements of the code and all other applicable laws, nor to engage in or to carry on any business in any building or in any premises designated in such license in the event such building or premises are situated in any area or locality in which the conduct of such business is in violation of the code, or any ordinance of the city, or any other law. The city thus reserves and retains the right to deny issuance of a license, deny renewal of a license, or revoke or suspend a license as set forth in this chapter.
5.02.050 - Evidence of doing business.
When any person shall by use of signs, circulars, cards, telephone book, newspapers, digital media, or other means of dissemination of information, advertise, hand out, or represent that he/she is in business in the city, for one transaction or more, or when any person holds an active license or permit issued by a governmental agency indicating that he/she is in business in the city, or when the city receive complaints or conducts investigations and determines through these means that he/she is in business in the city, then these facts shall be considered prima facie evidence that he/she is conducting a business in the city.
5.02.060 - Exclusions.
A. Except as may be otherwise specifically provided in this chapter, the terms hereof shall not be deemed or construed to apply to any of the following persons:
1. Any public utility which pays to the city a tax under a franchise or similar agreement;
2. Banks, savings and loan companies, including national banking associations, to the extent that a city may not levy a license fee upon them under provisions of Article XIII, Section 16, Subdivision 1(a) of the State Constitution;
3. Insurance companies and associations to the extent that a city may not levy a license tax upon them under the provisions of Article XIII, Section 14 4/5 of the State Constitution;
4. Any person whom the city is not authorized to license under any law or constitution of the state.
B. The tax and license collector shall require the filing of a verified statement from any person claiming to be excluded by the provisions of this section, which statement shall set forth all facts upon which the exclusion is claimed.
5.02.070 - Exemptions.
A. Constitutional or Statutory Exemptions.
1. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state for the payment of such taxes as are herein prescribed.
2. Any person claiming an exemption pursuant to this section shall file a sworn statement with the tax collector stating the facts upon which exemption is claimed, or present official documents from the California Secretary of State stating that the organization is a nonprofit, tax-exempt charitable organization, and in the absence of such proof substantiating the claim, such person shall be liable for the payment of the taxes imposed by this chapter.
B. General. The following are exempted from the payment of a license fee under this chapter:
1. Any recognized tax-exempt charitable institution, organization or association organized and conducted for charitable purposes only. This exemption shall not apply to promoters;
2. Any person, religious, fraternal, educational, military, state, county, or municipal organization or association conducting or staging any amusement, concert, exhibition, lecture, dance, athletic event or entertainment where the receipts, if any derived there from, are to be used totally and solely for recognized tax-exempt charitable or benevolent purposes and not for private gain, or other purposes of the conducting person, or for the private gain of any person in whole or in part;
3. Any recognized tax-exempt religious, fraternal, educational, military, state, county, or municipal organization or association conducting any business which is open to members thereof only and not open to the public;
4. Any solicitor engaged in interstate commerce when a license tax casts a burden upon such interstate commerce;
5. Any honorably discharged or relieved veteran of any of the armed forces of this country who provides a certificate of disability from the Veteran's Administration, who is physically unable to earn a livelihood by manual labor and who is a voter or resident, respectively, of this state, and who desires to hawk, peddle or vend goods, wares and merchandise owned by him or to distribute circulars;
6. Any individual person of the age of sixteen (16) years and under whose annual gross receipts from any and all business are three hundred dollars ($300.00) or less;
7. Any public transportation system in the city operating under the jurisdiction of the public utilities commission of the state and operating buses of the capacity of twenty (20) or more passengers upon a fixed route with definite permanent points of origin and termination.
8. Any property owner holding a vacation rental license for the self-management of their residence as a vacation rental.
5.02.080 - Revocation of exemption.
The tax collector may revoke any exempt license granted pursuant to the provisions of this chapter upon information that the licensee is not entitled to the exemption as provided therein. In such revocation the procedure to be followed and right of appeal shall be as provided in Section 5.02.190 of this chapter.
5.02.090 - Content of license.
All licenses shall be prepared and issued by the tax collector of the city, upon payment of the required fee and each license shall state the following:
A. The name of the business to which the license is issued; B. The kind or kinds of business licensed thereby;
C. The location of such business;
D. The date of the expiration of such license;
E. Such other information as the tax collector shall determine.
5.02.100 - Branch establishments.
Separate licenses must be obtained for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses, distributing plants and other locations which generate no additional gross receipts but are used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
5.02.110 - Separate license for each establishment.
Any person managing, carrying on or conducting two or more separate businesses subject to the payment of a license fee under more than one classification in the chapter whether or not at the same location or under the same management shall pay a separate license fee for each of said businesses.
5.02.120 - Duration of license.
No license shall be issued for a period of more than twelve (12) months. No license shall be issued for any period extending beyond the thirtieth day of September of each calendar year.
5.02.130 - Transferability.
No license issued pursuant to this chapter shall be transferred to a different licensee, owner, entity, or operator, including any name change. When a licensee transfers the business from one location to another in the city, the license previously issued may be amended to authorize the conduct of the business at the new location. The license transfers and amendments herein authorized may be obtained upon application to the tax collector and payment of the license fee. The license fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.
5.02.140 - Renewal.
On or before the end of each license year, all licensees shall remit the annual license renewal fee to the city's tax collector along with a completed license application form provided by the tax collector and completed by the licensee. Any change in information from that set forth on an original license application shall also be noted on such form. The license year shall end on September 30th of each calendar year. Renewal is not guaranteed or automatic; the city reserves and retains the right to deny renewal of a license as set forth in Section 5.02.180.
5.02.150 - Display of license.
A. Every person having a license under the provisions of this chapter and carrying on a business at a fixed place of business shall keep such license posted and exhibited while in force, in some conspicuous part of the place of business.
B. The tax collector and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein and demand an exhibition of its license certificate.
Any person having such license certificate theretofore issued, in his possession or under his control, who willfully fails to exhibit the same on demand, is guilty of an infraction and subject to the penalties provided in this chapter. It shall be the duty of the tax collector and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of said provisions.
C. Every person having such a license and not having a fixed place of business shall carry such license with him at all times while carrying on the business for which the same was granted, or have attached to the vehicle used in such business the windshield sticker as provided in Article IV of this chapter.
5.02.160 - Cancellation of license on request.
A. The tax collector may cancel an unexpired license at the request of the owner provided:
1. The owner surrenders the certificate and any applicable stickers; and
2. All business activity has ceased.
B. Liability for any further business taxes will cease only if the owner's account is cleared.
5.02.170 - Revocation upon bond cancellation.
The tax collector shall revoke any license for which a bond is required if the city receives notice from the bonding company to the effect that it has cancelled the bond.
5.02.180 - Revocation—Grounds.
A. Any business license issued under the authority of this code may be revoked by the tax collector upon the holder of the license losing necessary licentiate from any agency controlling that business, profession or occupation. The revocation shall remain in effect as long as the licentiate remains suspended or revoked, and a business license may be reapplied for upon reinstatement.
B. Further, a business license may be suspended by the tax collector upon the conviction of the holder of:
1. Any felony;
2. Any misdemeanor involving moral turpitude; or
3. Any conviction of any offense arising out of the conduct of the business so licensed.
5.02.180– Denial, Revocation, Suspension—Grounds.
Any business license may be denied upon application or request for renewal, revoked, or suspended by the tax collector based upon the following grounds:
A. Upon the applicant/licentiate losing necessary licentiate from any agency controlling that business, profession or occupation. Any denial, revocation, or suspension shall remain in effect as long as the applicant/licentiate remains suspended or revoked, and a business license may be reapplied for upon reinstatement;
B. Upon the conviction of the applicant/business license holder of any of the following: Any felony; Any misdemeanor involving moral turpitude; or Any conviction of any offense arising out of the conduct of the business so licensed or sought to be licensed.
C. Upon a finding of any violation of this code, any other code adopted by this code, or any state law that occurred on the premises of or in connection with the business establishment;
D. Upon a finding that information that was provided in the process of obtaining a business license was materially false; and
E. If there are any fees, fines, taxes, or other amounts owing the city in connection with the business activity including the building, structure, premises, or the equipment used to conduct the business activity. Any denial, revocation, or suspension shall remain in effect as long as the amounts remain unpaid, and a business license may be reapplied for upon payment of the amounts owing. Nothing requires the city to deny, revoke, or suspend a license under this ground if the owner has entered into an agreement with the city for payment of said amounts and complies with that agreement.
5.02.190 – Denial, Revocation, Suspension—Hearing.
A. Upon service of notice of denial, revocation, or suspension under Section 5.02.180 of this chapter, the holder of the license or applicant for the license shall have ten (10) days following service of such denial, revocation, or suspension by either personal service or deposit of the notice in the U.S. Post Office, registered mail, to request a hearing for consideration of the denial, revocation, or suspension by the city manager or his/her designee by the city council. Such requests shall be to the tax collector's office, by personal delivery, at the city office. The tax collector shall set a hearing before the city manager or his/her designee city council at either an open or closed session of the council of the licensee's or applicant’s choosing, no sooner than thirty (30) days nor more than sixty (60) days after service.
B. The licensee or applicant shall have the right to legal counsel at his/her sole expense and may have a court reporter present at their expense. The city manager or his/her designee council may direct that the proceedings be tape recorded and a copy thereof may be purchased by the licensee or applicant. During such appeal, the revocation shall be abated.
C. The city manager or his/her designee council shall rule upon the denial, revocation, or suspension no later than seven days after the close of such hearings.
D. The rules of evidence shall be those of administrative hearings and an affirmative three votes of the council shall be necessary to sustain the denial, revocation, or suspension.
E. Any final decision under this section shall be subject to judicial review pursuant to administrative mandate pursuant to Code of Civil Procedure section 1094.5.
ARTICLE II. - REGISTRATION
5.02.200 - Form.
Every person required to have a business fee certificate under the provisions of this chapter shall register for the same with the tax collector of the city. Such registration shall be a written statement upon a form provided by the tax collector and shall be sworn to by the registrant under penalty of perjury. The registration form should include the name of the business and any fictitious name that is used, the tax identification number (social security or federal tax identification number), the business mailing and physical address, business phone number, business activities, owner's or officer's names, addresses (mailing and physical), and phones, type of ownership, state license numbers and expiration dates, property owner's name and proof of authority to use the property as a business location. This will not preclude requests for other pertinent information as needed to administer this ordinance and other ordinances of the city.
ARTICLE III. - FEES
5.02.220 - Designated.
The amount of the business license fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.
5.02.230 - Limitations.
A. No greater or less amount of money shall be charged or received for any license fee other than provided for in this chapter.
B. In no case shall any mistake made by the city in stating the amount of a license fee prevent or prejudice the collection by the city of what shall be actually due from anyone carrying on a business subject to a license fee under this chapter.
C. No statement shall be conclusive as to the matters set forth herein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder.
5.02.240 - Payable when.
All license fees due under this chapter shall be paid in advance, in lawful money of the United States, at the office of the tax collector.
5.02.250 - Proration.
No proration of any license due under this chapter shall be made unless hereinafter set forth.
5.02.260 - Delinquency.
A. Annual license renewal fees are due and shall be paid in accordance with Section 5.02.240 and shall be paid at or before five p.m., on September 30th of each calendar year, or if September 30th of that year falls on a weekend, then renewal fees are due and shall be paid on the Monday following September 30th.
B. For each delinquent renewal, separate and apart from, and in addition to the license renewal fee, the licensee shall pay to the city a penalty in the amount provided in the following schedule:
Payment Received or Postmarked
by:
Penalty Due:
October 5th $ 0.00
October 15th 10.00
After October 15th 25.00 plus actual expenses incurred
by the city in collection of the fee
5.02.270 - Fees deemed debt to city.
The amount of any license fee and penalty imposed by the provisions of this chapter shall be deemed a debt to the city, and any person carrying on any business without first having procured a license from the city to do so shall be liable to an action in the name of the city in any court of competent jurisdiction for the amount of the license tax and penalties imposed on such business.
5.02.280 - License replacement fee.
Duplicate licenses may be issued by the tax collector to replace any license previously issued, which has been lost or destroyed. The city shall not charge a fee for the issuance of a duplicate license.
5.02.290 - Contractors and subcontractors.
A. General Contractors.
1. Any person commencing or engaging in the business of acting in the capacity of a general building or engineering contractor (B-1 or A, as licensed by the state), within the city shall pay to the city an annual license fee, the amount of which shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.
2. Each contractor, including owner-builders, shall furnish the tax collector with a list of each subcontractor under his/her control or direction before the final inspection on any building or structure shall be given by the building and safety department under penalty of perjury.
B. Specialty Contractors. Every person engaged in a business or acting as a subcontractor established by the state contractors board, shall pay to the city an annual license fee, the amount of which shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing.
C. Owner-builders. A business license shall be required of every person acting as an ownerbuilder who builds any building, structure, shop, store, or apartment for rent or lease, and they shall pay the license fee as herein provided. The provisions of this section shall not apply to an owner of property building or improving structures thereon for the exclusive occupancy of such owner-builder and not offered for sale, lease, or rent.
D. For purposes of this section, the term "contractor" is defined by Chapter 9, Division 3 of the Business and Professions Code of the state.
E. A contractor making application for a business license for the city shall present evidence of having a valid state contractor's license.
ARTICLE V. - ENFORCEMENT AND PENALTIES
5.02.380 - Enforcement authority.
A. It shall be the duty of the city tax collector, his/her deputy agents and/or employees, and they and each of them are directed to enforce each and all of the provisions of this chapter.
Each department of the city which issues permits for work to be done shall require the production of a valid unexpired license prior to the issuance of such a permit.
B. The tax collector in the exercise of the duties imposed upon him/her hereunder and acting through his/her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with.
5.02.390 - Remedies cumulative.
The conviction and punishment of any person for transacting any business without first obtaining a license shall not excuse or exempt such person from the payment of any license fee due or unpaid at the time of such conviction and nothing herein shall prevent a criminal prosecution of any violation of the provisions of this chapter. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.
5.02.400 - Effect on past actions and obligations.
Neither the adoption of the ordinance codified in this chapter, nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to February 24, 1988, nor be construed as a waiver of any license or any penal provisions applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.
5.02.410 - Violation—Penalty.
A. Any person violating any of the provisions of this chapter is guilty of an infraction and, upon conviction, shall be punishable by:
1. A fine not exceeding two hundred fifty dollars ($250.00) for the first violation;
2. A fine not exceeding three hundred fifty dollars ($350.00) for a second violation of the same ordinance within one year; and
3. A fine of not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter or any of its provisions is committed.
5.02.410 - Violation—Penalties.
A. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, criminal, civil, or administrative abatement or any other legal remedy permitted by law, including through administrative citation pursuant to Chapter
1.17 of this Code and through nuisance abatement pursuant to Chapter 8.80. The city has the discretion to determine the appropriate enforcement action. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. The use of any one remedy shall not preclude the use of any other remedy authorized by the Big Bear Lake Municipal Code or by any other applicable law.
B. Violations deemed an infraction for criminal abatement. Any person violating any of the provisions of this chapter is guilty of an infraction and, upon conviction in a court of competent jurisdiction, shall be punishable as set forth in section 1.16.020B of this code.
C. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of this chapter or any of its provisions is committed.
Chapter 1.16 - GENERAL PENALTY
1.16.010 - Violations—Misdemeanor.
Unless a different penalty is prescribed for violation of a specific provision of this code, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this code is punishable as a misdemeanor, provided, that where the city attorney or citing officer determines that such action would be in the interests of justice, the city attorney or citing officer may specify in the accusatory pleadings that the offense shall be an infraction. Every person who causes, aids, abets or conceals a violation of this code is guilty of violating this code. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of this code is committed, continued or permitted by such person, firm or corporation and shall be punishable therefore as provided in this section and Section 1.16.020.
1.16.020 - General penalties.
A. Misdemeanor. Except in cases where a different punishment is specifically prescribed elsewhere in this code, every misdemeanor offense is punishable by imprisonment in the city jail or in the San Bernardino County jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both.
B. Infraction. Except as prescribed elsewhere in this code, every offense specifically declared to be an infraction is punishable by a fine not exceeding one hundred dollars for a first violation, a fine not exceeding two hundred dollars for a second violation of the same provision within any twelve-month period, and a fine not exceeding five hundred dollars for each additional violation of the same provision within any twelve-month period. An infraction is not punishable by imprisonment. A person charged with an infraction in a criminal proceeding shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he is arrested and not released on his written promise to appear, his own recognizance, or a deposit of bail.
D. Administrative fine. Administrative fines are set at the amounts provided in Section
1.17.030D of this code or as otherwise specified in this code.
E. Cumulative remedies and public nuisance. The city may enforce any violation of this code by any and all means available by law, including, but not limited to, criminal, civil, or administrative abatement or any other legal remedy permitted by law, including through administrative citation pursuant to Chapter 1.17 of this Code and through nuisance abatement pursuant to Chapter 8.80. The city has the discretion to determine the appropriate enforcement action. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. The use of any one remedy shall not preclude the use of any other remedy authorized by the Big Bear Lake Municipal Code or by any other applicable law. Any violation of this code is deemed a public nuisance. Each violation of this code is separate offense for each and every day during any portion of which any violation of this code or any of its provisions occurs.
Chapter 1.17 - ADMINISTRATIVE CITATIONS AND HEARINGS
1.17.010 - Legislative findings and purpose.
The city council hereby finds that the city needs another mechanism in addition to the traditional civil, criminal or administrative abatement actions to effect compliance with this Code. The city council further finds that an appropriate additional mechanism to affect such compliance is an administrative citation program authorized by Government Code Section 53069.4. The procedures established in this chapter shall be in addition to criminal, civil or administrative abatement or any other legal remedy permitted by law. Use of this chapter shall be at the discretion of the city.
1.17.020 - Definitions.
"Administrative citation" shall mean the written notice provided to a responsible party to inform that party of a violation of this Code.
"Administrative fine" shall mean a monetary penalty imposed by a compliance officer pursuant to this chapter for violation of the Code.
"Big Bear Lake Municipal Code" and "Code" shall mean any ordinance adopted by the city regardless of whether it has been codified.
"City manager" shall mean the city manager of the City of Big Bear Lake, or his or her designee. "Compliance officer" shall mean any officer or employee with the authority to enforce the Code. "Hearing officer" shall mean the city manager or the person or entity designated by the city manager pursuant to this chapter to determine the validity of a Code violation. "Non-emergency health or safety violation" shall mean a violation of any Code provision pertaining to building, plumbing, electrical or other similar structural or zoning issues, when such violation is deemed by the compliance officer to not create an immediate danger to health or safety. "Responsible party" shall mean:
(i) Any individual or legal entity who is the owner, tenant, co-tenant, lessee, sub-lessee, occupant or other person with any right to possession of the real property, owner or authorized agent of any business, company, or entity, or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a Code violation; or
(ii) Any individual, legal entity or the parent or the legal guardian of any person under the age of eighteen (18) years, who causes, permits or maintains a Code violation.
1.17.030 - Authority.
A. A compliance officer may issue an administrative citation to any responsible party for a violation of the Code.
B. Each and every day, or portion thereof, that a violation of the Code exists constitutes a separate and distinct offense.
C. Any responsible party issued an administrative citation shall be responsible for payment of the administrative fine imposed, the amount of which shall be set forth below. The city council may amend the amount of fines from time to time by a separate resolution.
D. When an administrative fine is imposed, it shall be imposed in the following amounts:
1. Infractions. For the violation of the Code specified by the Code as an infraction, the amount of the administrative fine shall be the amounts set forth in Government Code Section 36900 as follows: (a) a fine not exceeding one hundred dollars ($100.00) for a first violation; (b) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same Code provision within one year; (c) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same Code provision within one year. Notwithstanding the foregoing sentence, the administrative fine for a violation of a building and safety code provision that is specified by the Code as an infraction shall be as follows: (a) a fine not exceeding one hundred dollars ($100.00) for a first violation; (b) a fine not exceeding five hundred dollars ($500.00) for a second violation of the same Code provision within one year; (c) a fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same Code provision within one year of the first violation.
2. Misdemeanors. For the violation of the Code specified by the Code to be punishable as a misdemeanor or for which no fine is specifically provided, the amount of the administrative fine shall be one thousand dollars ($1,000.00).
2. Vacation rentals. Violations relating to vacation rentals are subject to the fines and penalties set forth in Chapter 4.01.
3. Other fines in code. To the extent that specific provisions under other titles of this code refer to different fine amounts for infractions that are within the infraction limits of subdivision D1 above, those infraction fine amounts apply for the administrative fine.
E. For administrative fines issued for a second or more violation of the same code within a year of the first violation as set forth in sections 1.17.030(D)(1), 4.01.100, or other applicable provisions of this code, the city shall apply the following process to consider a fine hardship waiver to reduce the fines as set forth in Government Code 36900(e) as follows:
1. Any responsible party who has been issued a qualifying administrative fine who has made a bona fide effort to comply after the violation and who would suffer an undue financial burden if required to pay the full amount of a subsequent fine, may request a waiver to reduce the amount of the imposed fine by completing and submitting to the city the city-approved application form for a fine hardship waiver (hereafter the “fine hardship waiver”). This fine hardship waiver and all required accompanying records must be submitted within thirty (30) days of issuance of the fine to the city.
2. To be considered for a fine hardship waiver, the application form must be complete, signed, and must be accompanied by documents that enable the city to reasonably determine the party’s bona fide effort to comply after the first violation and substantiation on the party’s suffering of an undue financial burden if required to pay the full amount of the fine imposed. Documents suitable for consideration demonstrating the party’s bona fide effort to comply after the first violation may include, without limitation, a declaration attesting to the compliance efforts made, photographs of the efforts attesting to the compliance efforts made, copies of receipts, contracts, work orders, or other documentation reflecting compliance efforts made. Documents suitable for consideration demonstrating the person’s undue financial burden if required to pay the fine may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve (12) months preceding submittal of the fine hardship waiver application. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers. After a determination is made on the person’s fine hardship waiver application, the city will destroy the documents submitted by a party’s for a fine hardship waiver without prior notice to the party.
3. The city via its city manager or his or her designee will issue a written decision specifying the reasons for issuing or not issuing the fine hardship waiver, including the revised fine amount, if applicable. This decision is final and non-appealable.
The decision shall be served upon the party requesting the fine hardship waiver by first class mail unless service via email is specified in the application form.
4. Payment of the fine shall be due within thirty (30) days of the issuance of the fine, however, in cases where a written decision on the fine hardship waiver has not been issued before expiration of that thirty (30) day period, payment shall be due to the city within seven (7) days of the date the decision is deposited with the U.S. Postal Service or is sent via email. In the event the city clerk does not receive the full amount of the fine within the required period: (1) fines or other penalties not paid within that time shall accrue interest at the rate set forth by the City Council; and (2) the city may take further action to ensure payment as provided by law.
5. Should a fine hardship waiver be granted, the amount in the city’s written decision shall be controlling for purposes of the fine amount for any administrative hearing requested pursuant Chapter 1.17 and this section, including section 1.17.080 advance deposit of hardship waiver.
1.17.040 - Service procedures.
A compliance officer may issue an administrative citation on a form approved by the city manager to the responsible party for a Code violation in any the following manner:
A. Personal Service.
1. The compliance officer shall first attempt to locate and personally serve the responsible party and, if possible, obtain the signature of the responsible party on the administrative citation.
2. If the responsible party refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
B. Service by Mail.
1. Service by mail shall be made by sending the administrative citation to the responsible party's address as shown on public records or as known to the city. The administrative citation shall be sent by certified mail and by first class U.S. mail.
Service by mail under this subsection shall be deemed complete on the third day following its deposit into the U.S. postal service as first class mail (postage prepaid) or the date on which the certified return receipt is signed for as delivered, whichever date is earlier.
C. Service by Posting.
1. Service by posting shall be made by placing the administrative citation in a conspicuous location on the subject property or on any real property in which the city has knowledge that the responsible party has a legal or equitable interest.
D. Service by Electronic Mail.
1. Service relating to violations concerning vacation rentals and the provisions of Chapter 4.01 may be delivered by electronic mail to the email address provided by the responsible party during the licensing process.
2. Service relating to other chapters may be delivered by electronic mail to the email address provided by the responsible party on city applications and forms used during the permitting or licensing process.
1.17.050 - Contents of notice.
Each administrative citation shall contain the following information:
A. Date, approximate time and address or definite description of the location where the violation(s) of the Code was observed or occurred;
B. The Code provision(s), section(s) or condition(s) violated and a brief description of the violation(s);
C. A description of the action required to correct the violation(s); D. For non-emergency health and safety violations, an order to the responsible party to correct the violation(s) by a correction date and an explanation of the consequences of failure to correct the violation(s);
E. The amount of the administrative fine imposed for the violation(s); F. An explanation of how the administrative fine shall be paid, the deadline by which it shall be paid, and the place to which the fine shall be paid; G. An order prohibiting the continuation or repeated occurrence of the Code violation(s) described in the administrative citation;
H. Identification of rights of appeal, including the time within which the administrative citation may be contested and the place to obtain a notice of appeal and request for hearing form to contest the administrative citation; and
I. The name and signature of the compliance officer and, if possible, the signature of the responsible party.
1.17.060 - Satisfaction of administrative citation.
A. Non-emergency health and safety violations. When a compliance officer finds that a nonemergency health and safety violation has occurred, the compliance officer shall have the authority to issue an administrative citation that provides for a reasonable period of time, not to exceed thirty (30) calendar days, to correct or otherwise remedy the non-emergency health and safety violation prior to the imposition of an administrative fine. The responsible party may request an extension of the correction period, provided that a written request is filed with the city manager before the correction period ends. The city manager may, in his or her discretion, grant a reasonable extension of the period of time to correct the violation if the responsible party has supplied substantial evidence showing that the correction cannot reasonably be made within the correction period. The decision to grant or deny an extension shall be in writing by the city manager and shall be final. If the responsible party provides proof to the compliance officer, or his/her designee, that the violation has been corrected within the period of time provided for correction, no administrative fines shall be assessed and the administrative citation shall be canceled. If the non-emergency health and safety violation has not been corrected or otherwise remedied within the correction period, the compliance officer shall have the authority to issue a second administrative citation notifying the responsible party of the violation and impose an administrative fine.
B. Upon receipt of an administrative citation, the responsible party shall do all of the following:
1. Correct the violation(s) within a reasonable period of time or, if possible, within any provided correction period; and
2. Pay any administrative fine(s) to the city within thirty (30) calendar days from the correction date on the administrative citation. All administrative fines assessed shall be payable to the City of Big Bear Lake. Payment of an administrative fine shall not excuse or discharge the failure to correct the violation(s) nor shall it bar further enforcement action by the city.
C. If the responsible party fails to correct all of the violation(s) set forth in the administrative citation, subsequent administrative citations may be issued for the continued violation(s). The amount of the fine for failure to correct the violation shall increase at the rate specified in Section 1.17.030 or as specified by a separate resolution of the city council.
1.17.070 - Appeal of administrative citation.
A. Any person or party in receipt of an administrative citation may contest that there was a violation of the Code or that he or she is the responsible party by completing a notice of appeal and request for hearing form and filing it with the city clerk within thirty (30) calendar days following the date of service of the administrative citation, together with an advance deposit of twenty-five percent (25%) of the total amount of any administrative fine imposed, or the timely filing of a request for an advance deposit hardship waiver form pursuant to Section 1.17.080. Any administrative fine that has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged.
B. In addition to the requirements listed in subsection 1.17.070A., any appeal of the administrative citation shall include a detailed written explanation as to the grounds for the appeal. Appeals shall be limited to only these written grounds.
C. Failure to timely and properly file an appeal from an administrative citation shall constitute a waiver of all rights to an administrative appeal hearing.
D. Appeals of administrative citations shall be conducted pursuant to Section 1.17.090.
1.17.080 - Advance deposit of hardship waiver.
A. Any party that intends to request a hearing to contest an administrative citation and that is financially unable to make the advance deposit of the fine may file a request for an advance deposit hardship waiver form.
B. The request shall be filed with the city within thirty(30) fifteen (15) days following the date of the issuance of the administrative citation.
C. Upon the city's receipt of the request, the requirement of depositing the full amount of the administrative fine as described in subsection 1.17.070A. shall be stayed unless or until the city manager makes a determination not to issue the advance deposit hardship waiver.
D. The city may waive the requirement for advance deposit only if the cited party submits to the city a declaration under penalty of perjury supported by evidence that shows to the city's reasonable satisfaction that such party is financially unable to deposit the total amount of the administrative fine in advance of the hearing. Documents suitable for consideration demonstrating financial inability may include, without limitation, a declaration attesting to the undue financial burden and reasons therefor, complete and legible copies of state and federal income tax returns and all schedules for the preceding tax year; financial statements, loan applications, bank account records, income and expense records for twelve (12) months preceding submittal of the request for an advance deposit hardship waiver. The documents may and should be submitted with redactions for private information, such as social security number information and account numbers.
After a determination is made, the city will destroy the documents submitted by a party’s for a fine hardship waiver without prior notice to the party.
E. If the city determines not to issue an advance deposit hardship waiver, the cited party shall remit the deposit to the city within five days of the date of that decision. or fifteen (15) days from the date of service of the administrative citation, whichever is later.
F. The city's decision to grant or deny the request shall be final and in writing with stated reasons for the grant or denial. The city shall cause the decision to be served on the cited party.
1.17.090 - Hearing procedure; fees.
A. A request for a hearing shall be deemed filed upon the city's receipt of payment of any hearing fee, which may be established by city council resolution, and the notice of appeal and request for hearing form. Any hearing fee shall not exceed the reasonable cost to the city for conducting the hearing.
B. The hearing shall be set for a date not less than fifteen (15) and not more than sixty (60) calendar days following the date the hearing request is filed. The party requesting the hearing shall be notified of the time and place set for the hearing at least fifteen (15) calendar days prior to the date of the hearing.
C. The hearing shall be before a hearing officer, who shall only consider evidence relevant to the hearing matter and grounds specified in the appeal.
D. The party requesting the hearing shall be given a reasonable opportunity to testify and present witnesses and evidence concerning the hearing matter. Rebuttal shall also be permitted.
E. Failure to appear at the hearing shall constitute a forfeiture of any administrative fine and a failure to exhaust administrative remedies.
F. Any documents submitted by the city shall constitute prima facie evidence of the respective facts contained in those documents.
G. If the city submits an additional written report concerning the hearing matter to the hearing officer for consideration at the hearing, then a copy of the report shall also be served on the party requesting the hearing in accordance with Section 1.17.040 at least five days prior to the date of the hearing.
H. At least ten (10) days prior to the date of the hearing, the party requesting the hearing shall be provided with copies of the citations, reports and other documents submitted or relied upon by the city. No other discovery shall be permitted. Formal rules of evidence shall not apply.
I. The hearing officer may continue the hearing and request additional information from the city or the party requesting the hearing prior to issuing a decision.
J. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision within ten (10) days following the date of the hearing and shall list in the decision the reasons for that decision. The decision of the hearing officer shall be the final administrative decision of the city.
K. Service of such decision shall be made by U.S. first class mail, addressed to the party that requested the hearing at the address provided by that party on the notice of appeal and request for hearing form.
L. The hearing officer shall not be required to provide transcriptions of hearings, but shall make available tapes of hearings for a fee that does not exceed the reasonable cost of providing such tapes. Such fee shall be established by the city council by a resolution.
1.17.100 - Hearing officer's decision.
A. If the hearing officer determines that the administrative citation should be upheld, and no timely appeal therefrom is taken, then the city shall retain the administrative fine amount on deposit with the city.
B. If the hearing officer determines that the administrative citation should be upheld, no timely appeal therefrom has been taken, and the administrative fine has not been deposited pursuant to an advance deposit hardship waiver, the hearing officer shall set an administrative fine payment schedule.
C. If the hearing officer determines that the administrative citation should be canceled and the administrative fine has been deposited with the city, then the city shall refund the entire amount within seven business days following the date of the decision.
D. An appeal from the hearing officer's decision to superior court shall be made pursuant to Government Code Section 53069.4(b).
1.17.110 - Failure to pay administrative fines.
A. Administrative fines shall be a debt to the city and subject to all remedies for debt collection permitted by law. The failure of any party to pay administrative fines within the time specified on the administrative citation may result in the matter being referred to the city attorney to file a case in court. Alternatively, the city may pursue any other legal remedy to collect the administrative fines.
B. Any party who fails to pay to the city any administrative fine imposed pursuant to this chapter on or before the time specified on the administrative citation shall also be assessed late payment charges in the amount of twenty-five dollars ($25.00) per citation. The city shall notify the responsible party of late payment charges pursuant to Section 1.17.040. The notice shall contain a statement that administrative fines and late payment charges may be collected as a lien or special assessment against any real property owned by the responsible party in connection with the violation(s).
C. If the responsible party has failed to pay all administrative fines within a specified period following the issuance of the third administrative citation for the same violation in connection with the same real property or has failed to pay any late payment charges, the city may collect such debts as a lien or special assessment against the subject real property. Prior to taking either action, the compliance office shall serve notice on the record property owner, as identified on the last equalized county assessment roll, of the planned lien or special assessment. Such notice shall be made pursuant to Section 1.17.040 and shall specify that property subject to a special assessment may be sold after three years by the tax collector for unpaid delinquent assessments. Any party issued an administrative citation with an administrative fine, or any other party with a legal or equitable interest in the property that is the subject of the administrative fine, may contest the imposition of a lien or special assessment for such only by seeking a hearing pursuant to Section 1.17.070. Failure to seek such a hearing shall constitute a waiver of that party's right to contest the imposition of a lien or special assessment.
D. In order to pursue a lien or special assessment against real property pursuant to this chapter, the following must occur:
1. Annually or more often as determined by the city council, the city council shall, by ordinance or resolution, confirm the amounts of the liens and special assessment sought to be collected from each respective property; and
2. The city council's confirmation shall include the amounts of the administrative fines, any late payment charges associated therewith and any applicable interest. Upon such confirmation, the city council shall authorize the city staff to take any further steps necessary to enforce collection of the liens and special assessments, including but not limited to the following:
a. Requesting the county recorder to record a notice of any lien confirmed by the city council against the respective property; and
b. Requesting the county tax collector on behalf of the city to collect any special assessment confirmed by the city council.
1.17.120 - Notices.
A. Any administrative citation and notice given under this chapter shall be served on the responsible party, or when required, to other persons or entities pursuant to subsection
1.17.110C. and Section 1.17.040.
B. Failure to receive actual notice specified in this chapter does not affect the validity of proceedings conducted hereunder.
1.17.130 - Right to judicial review.
A. Any party aggrieved by a decision of a hearing officer pursuant to this chapter may obtain review of the decision by filing a petition for review with the San Bernardino County Superior Court in accordance with the timelines and provisions as set forth in the Government Code and/or the Code of Civil Procedure, as applicable.
B. Nothing contained in this section shall be construed to prohibit any party from seeking prompt judicial review of a decision of a city official regarding the issuance, denial, suspension or revocation of a permit or license for an activity protected by the First Amendment of the United States Constitution as provided by Code of Civil Procedure Section 1094.8. The city shall comply with all requirements described therein for prompt judicial review.
1.17.140 - Contracting with the office of administrative hearings.
Pursuant to Government Code Section 27727, the city manager is authorized to enter into a contract with the office of administrative hearings of the state of for services for an administrative law judge or a hearing officer to conduct proceedings pursuant to this chapter.
The duties and responsibilities of the hearing officer shall be set forth in the contract.
Reimbursement to the office of administrative hearings for the services of hearing officers shall be made as provided in the contract. If no provision for reimbursement is contained in the contract, reimbursement shall be made on a pro rata basis of actual cost to the office of administrative hearings in providing the service including salaries, benefits, overhead and any travel expenses.
Chapter 8.80 - PUBLIC NUISANCES
8.80.010 - Purpose.
Notwithstanding any other provision of this code, whenever there is a condition or use existing on private land and such use or condition is a public nuisance and is a violation of any provision of this code, the following proceedings may be used as an alternative to any other proceeding or manner of getting abatement set forth in this code.
8.80.020 - Definitions.
The following words shall have the following meanings:
A. "Fenced" or "walled enclosure" means an area completely enclosed by a structure, at least five feet in height, and at which area a person is present at regular business hours as manager or employee.
B. "Public officer" means any employee or official of the city authorized by the city manager to serve notices on behalf of the city.
8.80.030 - Notice of violation.
Any party who is the owner or possessor of land upon which is located a public nuisance which is a violation of a provision of this code may be served with a written notice by the public officer to abate such public nuisance and violation. The notice shall demand that such person remedy or abate the public nuisance which is a violation within a period of time that may not require results in less than ten days. The notice thereof shall be served personally on such person, or, if he cannot be readily found, shall be served by registered mail (return receipt requested) or, if he cannot be served by mail, then service shall be accomplished by posting such notice on a conspicuous place on the land specified.
8.80.040 - Authority to enter upon land.
The public officer, or his assistants, deputies, employees or contracting agents may enter upon the land for posting or serving notice, or, also, for abating any such public nuisance and violation as herein provided.
8.80.050 - Public hearing on notice of abatement.
Any party served, constructively or personally, may have a public hearing before the board of zoning adjustment at the next regular scheduled meeting of the board of zoning adjustment, provided that at least forty-eight hours' notice is provided. Such hearing shall be to determine if such public nuisance and violation in fact exists. If the board finds that such public nuisance and violation does not exist, no further proceedings under this chapter shall take place.
If the board finds that such public nuisance and violation does in fact exist, further proceedings shall be followed as provided herein. This hearing and determination by the board of zoning adjustment shall be had only if demanded within the period specified in the notice by a party having some interest in the land.
8.80.060 - Abatement by public officer.
If the public nuisance and violation is not abated after ten days after the notice thereof, or after any further period of time as may be allowed by the board of zoning adjustment, the public officer shall have the same abated.
8.80.070 - Cost of abatement—Account and itemized report required.
The public officer, in the event that he has the abatement accomplished as provided herein, shall prepare an account of the cost of abatement and shall render an itemized report in writing to the city council showing the total cost of the abatement, including administrative costs necessarily incurred.
8.80.080 - Cost of abatement—Notice to applicable party.
Before the account and itemized report are submitted to the city council, a copy shall be served on the same parties and in the same manner as the notice as provided in Section 8.80.030.
8.80.090 - Hearing.
Within twenty-two days after the service thereof, any person so served may have a public hearing before the city council at a regular meeting of the council falling within such period, at which time the council shall hear any objections to such accounting and report.
8.80.100 - Modification or confirmation of report.
The city council, at a public hearing if one is requested, or at any other regular meeting if no public hearing is requested, shall make any modifications in the account and report as it deems necessary, after which, by order or resolution, the account and report shall be confirmed.
8.80.110 - Cost of abatement to become special assessment and lien.
The amounts of the cost for abating the public nuisance and violation from the land, as confirmed, shall constitute a special assessment against that land and a lien.
8.80.120 - Collection of abatement cost.
A copy of the report as confirmed shall be turned over to the auditor, who shall enter the amount of the assessment against the parcel of land as it appears on the current assessment roll.
The city tax collector shall include the amount of the assessment on bills for taxes levied against the lots and parcels of land. Thereafter the amount of the assessment shall be collected at the same time and in the same manner as city taxes are collected, and be subject to the same penalties. On land for which no property tax is due, the lien shall be collected at the same time taxes on the land are collected, and in a similar manner.
8.80.130 - Cancellation of special assessment or lien.
All or any portion of any such special assessment, penalty or cost entered pursuant hereto, shall on order of the city council be cancelled by the auditor if uncollected, or, except in the case provided for in subsection C of this section refunded by the city treasurer if collected, if it or they were entered, charged or paid:
A. More than once;
B. Through clerical error;
C. Through the error or mistake of the city council or the public officer in respect to any material fact;
D. Illegally;
E. On land acquired after the lien date by the state or by any county, city, school district, or other political subdivision and because of this public ownership not subject to sale for delinquent taxes.
8.80.140 - Violation—Penalties.
A. The city may enforce any violation of this chapter by any and all means available by law, including, but not limited to, criminal, civil, or administrative abatement or any other legal remedy permitted by law, including through administrative citation pursuant to Chapter
1.17 of this Code and through nuisance abatement pursuant to this Chapter 8.80. The city has the discretion to determine the appropriate enforcement action. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. The use of any one remedy shall not preclude the use of any other remedy authorized by the Big Bear Lake Municipal Code or by any other applicable law.
Chapter 4.01 - VACATION RENTALS
4.01.010 - Purpose.
This chapter is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis as vacation rentals. The city seeks to promote vacation rentals, promote responsible visitor behavior, and protect the residential character of its neighborhoods.
4.01.020 - Definitions.
For purposes of this chapter, the following words and phrases are defined as follows:
"Agent" means a person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.
"Bedroom " means a room designed primarily for sleeping purposes that meets the definition of the applicable California Building, Housing and related codes currently adopted by the city.
"Check in" or "registration" means the registration of a guest for a vacation-rental property with an owner or agent, or through a virtual registration procedure between the guest and the owner or agent that, at minimum:
1. Verifies the identities of all responsible parties;
2. Requires the responsible party(ies) to sign the Good Neighbor Policy; and
3. Requires the responsible party(ies) to execute the rental contract.
An owner or agent that performs check-in shall be certified by the city to do so as provided by administrative policy.
"Contract" means an agreement or evidence of any tenancy that allows or provides for occupancy of a vacation-rental property. A contract is any occupancy of a property where any compensation or fees are paid for or related to such occupancy, whether or not occupancy is evidenced in an agreement or document. A contract is not required for home-sharing, as defined herein.
"Dwelling unit" shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by a family or household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels. "Good Neighbor Policy" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of vacation rentals.
"Home-sharing" or "home sharing property" means the rental of no more than two bedrooms in a detached single-family dwelling unit, for compensation, for a term of twenty-eight (28) or fewer consecutive days while the owner of the unit lives on-site and in the home, throughout the visitor's stay.
"Hosting platform" or "hosting site" means a person or entity who participates in homesharing or vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet based services that facilitate bookings for a fee. "Owner" means a person or entity, who holds record fee title to the vacation rental property, except that "owner" does not include the holder of a leasehold interest in the vacation rental property.
"Responsible party" means the lessee of a vacation-rental property. “Short-term rental facilitator” as defined by Government Code section 50991(g) and herein means a person or entity that facilitates for consideration, regardless of whether it is deducted as fees from the transaction, the occupancy of a short-term rental that is not owned by the person facilitating the rental, through a marketplace operated by the person or a related person or entity, and that does both of the following:
3. Directly or indirectly, through one or more related persons, engages in any of the following:
a. Transmits or otherwise communicates the offer or acceptance between the purchaser and the operator.
b. Owns or operates the infrastructure, electronic or physical, or technology that brings purchasers and operators together.
c. Provides a virtual currency that purchasers are allowed or required to use to facilitate the occupancy of a short-term rental from the operator. d. Software development or research and development activities related to any of the activities described in paragraph (2), if such activities are directly related to facilitating short-term rentals.
4. Directly or indirectly, through one or more related persons, engages in any of the following activities with respect to facilitating short-term rentals:
a. Payment processing services.
b. Listing homes, houses, or rooms in homes or houses, campsites, or other lodgings that are not a hotel or motel, and that are not owned by that person or a related person, for rental on a short-term basis.
c. Setting prices.
d. Branding short-term rentals as those of the short-term rental facilitator. e. Taking orders or reservations.
Short-term rental facilitator includes a hosting platform or hosting site as herein defined. For purposes of this definition, marketplace as defined by Government Code section 50991(c) and herein means a physical or electronic place, including, but not limited to, a store, booth, internet website, catalog, television or radio broadcast, or a dedicated sales software application, where a marketplace seller facilitates the occupancy of a short-term rental for delivery in this state. "Vacation rental" or "vacation-rental property" means a residential dwelling unit, or any portion thereof, that is leased for a term of twenty-eight (28) or fewer consecutive days. "Vacation rental" or "vacation-rental property" includes properties where a home-sharing takes place unless expressly indicated otherwise.
4.01.030 - License required.
A. A current, valid and active annual license issued by the city to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a vacation-rental property. Each vacation-rental property on a site requires a license.
B. The license shall be conspicuously posted inside of the vacation-rental property and the license number shall be included on all advertisements or solicitations for the vacation-rental property, including, but not limited to hosting sites, websites, social media postings, emails, and print ads.
C. Upon sale or change of vacation-rental property ownership, the license shall automatically expire and the property shall not be used as a vacation rental until the new or successor owner obtains a license for the vacation rental. A change in ownership of a business entity that owns a vacation rental property such that the property is subject to property tax reassessment constitutes a change of ownership for the purposes of this provision and results in the expiration of the license. Notwithstanding the above, a change of vacation-rental ownership between family members or among spouses, including as a result of death or divorce or transfer to a personal or family trust, shall not result in expiration of a license. "Family members" shall mean spouses, as well as biological, step or adopted children, parents, step parents or in-law parents, brothers/sisters, grandparents, grandchildren , uncles, aunts, nephews or nieces of the owner.
D. A transferring owner shall notify the city in writing of any change in vacation-rental ownership, including a change of vacation-rental ownership between family members, a personal or family trust or among spouses, not later than fifteen (15) business days after the change in ownership.
4.01.040 - Licensing procedure.
A. All vacation-rental licenses issued by the city shall have a term of no more than one year. An owner shall apply to the city for a new license or for the annual renewal of a license for each vacation-rental property and pay a fee established by resolution of the city council. The fee shall be non-refundable. The fee shall be sufficient to allow for comprehensive and complete enforcement of the regulations in this section. The city shall provide an application form and list of application and insurance requirements. If an owner submits a renewal application with the city prior to the license's expiration date, the license shall remain valid until the city renders a decision on the license renewal. Any renewal of a license shall have a term of one year following the date of expiration of the prior license.
1. At the time of applying for a new license or for renewal of an existing license, all business entities and personal or family trusts must provide the names, contact information, and any other information deemed necessary by the city, of each natural person holding a legal, equitable, or beneficial interest in the business entity, personal business or personal or family trust that owns the vacation rental, and the address of each vacation rental owned by each such business entity, personal business or trust.
The city shall, to the maximum extent permitted by law, maintain the confidentiality of such information. Unless otherwise required by law, the city shall not disclose any of this information in response to a public records request.
2. When reviewing applications for new licenses and prior to issuing a new license, the city shall utilize the information provided under subsection A1 to ensure that no natural person has any legal, equitable, or beneficial interest in more licenses than permitted in subsection B.
3. If an owner seeking renewal of a license fails to provide all required application information to the city within sixty (60) days following written demand by the city, the application for renewal shall be closed out, no license renewal shall be issued, and the owner shall be required to submit a new application and fee to the city to seek a new license.
B. An owner may not hold more than two licenses, except that an owner holding more than two licenses as of September 16, 2021, may renew those licenses unless they have been revoked or not renewed.
C. As a courtesy each year, the city will provide a notice to the owner or their agent by standard and/or electronic mail at least sixty (60) days prior to an existing license's expiration that the owner or their agent must apply to the city to renew a license. The city may adopt an administrative policy to specify the notice procedures and to allow an owner to opt out of some or all of these notices. Notwithstanding the above, failure of an owner or agent to receive a notice shall not relieve the owner of the obligation to apply for a license renewal nor shall it operate to extend the term of any license beyond its expiration date.
D. The city shall not renew any licenses for any vacation-rental property units with unpaid city taxes or fines outstanding that the owner is responsible for, if all administrative appeals have been exhausted, unless the owner has entered into an agreement with the city for payment of said taxes or fines that allows renewal of a license.
4.01.050 - Transient occupancy tax/tourism business improvement district assessment.
A. Except as provided in subsection B below, the owner is responsible for collecting and remitting transient occupancy tax and tourism business improvement district assessments to the city and shall comply with all provisions of Chapter 3.20 of this Code concerning transient occupancy taxes.
B. Beginning January 1, 2022, short-term rental facilitators shall be responsible for collecting all applicable transient occupancy taxes and tourism business improvement district assessments and remitting the same to the city. The short-term rental facilitator shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.20.
C. Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a short-term rental facilitator is remitting the taxes due on their behalf.
D. Licensees making two or more late submittals in a twelve-month period shall not have their license renewed upon expiration.
E. Owners shall provide all transient occupancy tax/tourism business improvement district assessment related documents to the city within five business days of the city's written request, as more particularly set forth in Section 4.01.080. If any documents are not in the possession of an owner but are in the possession of an agent, the owner shall promptly request said documents from the agent within three business days of the city's written request and the documents shall be provided to the city within five business days thereafter.
F. Timely payment of applicable transient occupancy taxes/tourism business improvement district assessments for a vacation-rental property shall not excuse an owner's noncompliance with any other provisions of this chapter and the city may impose fines or take other action as set forth in this chapter to address said noncompliance.
4.01.060 - Operational requirements.
A. The owner and owner's agent shall ensure that the vacation rental property complies with all applicable codes regarding fire, building and safety, zoning, lighting, and all other laws and regulations.
B. All responsible party and guest check-ins must be performed in person by the owner or the owner's agent, or by confirmation of arrival through a virtual registration procedure between the guest and the owner or agent. The responsible party must sign a copy of the city's Good Neighbor Policy prior to or during check-in. If using virtual registration, the owner or their agent shall secure the signature of the responsible party staying at the vacation-rental property prior to occupancy. The owner shall retain a copy of each signed Good Neighbor Policy for a period of one year from the date of check-in. A copy of the signed policy shall be provided to the city by the owner or owner's agent upon request. An owner or agent may provide an electronic process for guests to sign and acknowledge the Good Neighbor Policy at check-in.
C. Occupancy of the vacation-rental property shall always be limited to the limit stated on the license. Such occupancy shall not exceed two adults per bedroom, plus two additional adults, not including persons under eighteen (18) years of age; but the total number of persons, including persons under eighteen (18) years of age, may not exceed one person per two hundred (200) square feet of living space or sixteen (16) persons, whichever is less.
D. No party, wedding, or other gathering exceeding occupancy limits is permitted without prior written approval by the city manager or the city manager 's designee at least fourteen (14) business days in advance. City approval is discretionary and may be subject to reasonable conditions.
E. Off-street parking spaces shall be provided on the vacation-rental property sufficient for all vehicles and trailers associated with the vacation-rental property or its occupants in accordance with Section 17.25.070. Parking is allowed only in designated driveways and garages. Gravel parking spaces approved for vacation rental properties licensed before January 11, 2021, and originally constructed after January 1, 2004, shall continue to be allowed until January 1, 2026. Properties licensed before January 11, 2021, that do not contain off-street parking spaces shall continue to be allowed until January 1, 2026. Off-street parking at a vacation-rental property shall always be limited to the limit stated in the license, provided however that the number of vehicles parked at the vacation-rental property shall not exceed the number of legal parking spaces on the vacation-rental property. For purposes of this subsection, "vehicles" shall include passenger cars, towing trailers and boats. Further, the owner or agent shall remove snow from required parking spaces and access drives to off-street parking spaces prior to and during occupancy of the vacation rental if snow accumulation exceeds two inches. If the city has not reduced the snow berm at the driveway prior to or during occupancy, the owner or agent shall reduce the berm to provide guest access to the required off-street parking spaces.
F. Upon the request of the city, the owner or the owner's agent shall respond in person at the vacation-rental property within thirty (30) minutes of dispatch of notice by the city to correct any violation of this chapter or any other provision of this code. If the responsible patty or any guest at a vacation-rental property fails to follow the reasonable direction of the owner or owner's agent to comply with this ordinance or this code, the owner or owner's agent shall notify the city and refer the matter to lawful authority. Any responsible patty and guests must comply with any lawful order of any fire, law enforcement, code enforcement or any other public safety officer, which may include vacating or removal from the vacation-rental property.
G. No radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any other machine or device for the producing or reproducing of any sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property.
H. Any activity, whether indoor or outdoor, on the vacation-rental property that disturbs the peace and the use of an outdoor spa by a responsible party and/or their vacation rental guests are prohibited between the hours of 10:00 p.m. and 7:00 a.m.
I. Each vacation-rental property shall be equipped with no more than a single informational sign not to exceed two square feet in area. Each sign shall be clearly visible from the street, include the city's code compliance hotline/reporting telephone number, the 24/7 agent contact telephone number, the maximum number of occupants, and the maximum number of vehicles permitted plus additional information required by administrative policy of the city.
J. Trash and refuse shall not be left stored within public view except in proper containers for the purpose of collection by the collectors. No container shall be placed in or adjacent to a street or public right-of-way for collection service more than twenty-four (24) hours prior to the normal collection time. Containers shall be removed from, within or adjacent to the street or right-of-way within twenty-four (24) hours after collection. The owner shall ensure compliance with all the provisions of Chapter 8.64 of this Code ("Solid Waste Management, Collection or Solid Waste and Recyclable Material, and Edible Food Recovery") or by such other means as may be approved by the city. Alternatively, trash and refuse may be disposed at "Clean Big Bear" sites as authorized by the city.
K. Incessant barking from dogs of a responsible party and/or their vacation rental guests heard beyond the property line is prohibited.
L. The owner shall include written notice to the responsible patty of the identified requirements of this section in all contracts and shall post a copy of the current license and the requirements of this section at the interior entrance or other prominent location within the vacation-rental property.
M. No person may enter into a vacation-rental contract with an owner or agent for occupancy of a vacation rental property unless that person is at least eighteen (18) years of age. No owner or agent may enter into a vacation-rental contract with any person for occupancy of a vacation rental property unless that person is at least eighteen ( 18) years of age.
4.01.070 - Agency and certification.
An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the city of any grant of such authority, including the identity and contact information for the agent. The owner shall promptly give the city written notice of any change to any such grant of authority. The use of an agent shall not excuse the owner from the owner's obligations of this chapter. Agents and owners fulfilling any of the requirements of this chapter shall be annually certified by the city.
4.01.080 - Inspection and audit.
A. Each owner and owner's agent shall provide the city with access to the vacation rental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the city may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this chapter are being fulfilled. Any access to such records and documents including, but not limited to, bank statements, tax returns, and responsible person and lessee or guest names, email addresses and governmentissued identification documents or information for inspection or audit shall be performed by the city on a confidential basis with any social security and bank account numbers and government-issued identification names and numbers redacted and shall not be copied and shall remain in the possession, custody or control of the owner during the inspection or audit by the city. The city shall, to the maximum extent permitted by law, maintain the confidentiality of the information contained in such records and documents, including, but not limited to, bank statements and tax returns, any responsible party and guest names, e-mail, home and business addresses and government-issued identification documents. Unless otherwise required by law, the city shall not disclose any of this information in response to a public records request.
B. Every applicant applying for a license or for renewal of an existing license shall provide the city access to any premises, property or dwelling unit which is the subject of the application, and, upon reasonable advance written notice to the owner and/or agent, the city shall be permitted to make any inspections as the city may determine is necessary from time to time throughout the application process. If a license is issued or renewed, the city shall, upon reasonable advance written notice to the owner and/or agent, be permitted access to the subject premises, property or dwelling unit in order to determine continued compliance with this chapter and/or any conditions of approvals set forth in the respective license.
4.01.090 - Hosting platform responsibilities.
A. Subject to applicable laws, hosting platforms shall, upon written request by the city, promptly disclose to the city each vacation-rental property listing located in the city, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay.
B. A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the city indicating that a listing violates applicable legal requirements.
C. A hosting platform is responsible for collecting and remitting transient occupancy taxes and tourism business improvement district assessments on behalf of their hosts, in accordance to this Code.
D. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license.
4.01.090 - Short-term rental facilitator responsibilities.
A. Each month, short-term rental facilitators shall, promptly disclose to the city the following information:
1. Physical address, including nine-digit ZIP Code of each short-term rental within the city;
2. The assessor parcel number of each short-term rental;
3. The URL associated with the specific short-term rental listing;
4. If applicable, information exclusively related to the identification of an accessory dwelling unit, guest house, or single unit of a timeshare or multifamily housing project located at a single address for the short-term rental;
5. The host ID of each short-term rental listing;
6. The listing ID of each short-term rental listing;
7. The names of the persons responsible for each short-term rental listing;
8. The length of stay for each short-term rental listing; and
9. The price paid for each stay for each short-term rental listing.
B. A short-term rental facilitator is responsible for collecting and remitting transient occupancy taxes and tourism business improvement district assessments on behalf of their hosts, in accordance with this Code. Short-term rental facilitators shall cooperate with and allow the city to conduct an audit or otherwise examine the records of the short-term rental facilitator documenting the receipt of the transient occupancy taxes and tourism business improvement district assessments due and payable to the city.
C. A short-term rental facilitator shall promptly remove any listing upon receipt of a takedown notice from the city indicating that a listing violates applicable legal requirements.
D. A short-term rental facilitator shall require all hosts to include a valid license number in a designated field dedicated to the license prior to advertising or facilitating a short-term rental listing.
4.01.100 - Violations and penalties.
A. The city may issue an administrative citation to any person who either:
1. Operates a vacation-rental property without a current license; or
2. Advertises a vacation rental property with false license or occupancy information, offering self-check-in, or without including a valid license number for the property in the advertisement; or
3. Fails to provide records and other information required to be provided to the city under this chapter.
The administrative fine for the first citation shall be in the amount of one thousand five hundred dollars ($1,500.00). Any person violating this subsection shall be permanently ineligible to operate any vacation-rental property in the city, and any property that is operated as a vacationrental property in violation of this subsection shall be ineligible to be issued a vacation-rental property license for a period of one year from the most recent citation issued for violating this subsection. If the person continues to operate a vacation-rental property in violation of this subsection within a twelve-month period from the first violation, the city may issue second administrative citation, with an administrative fine in the amount of two thousand five hundred dollars ($2,500.00). Any additional violations occurring within a twelve-month period from the first violation may be subject to additional citations of five thousand dollars ($5,000.00) each.
Each violation constitutes a separate violation of this chapter. Any person operating an unlicensed vacation-rental property remains liable to the city for the payment of any applicable transient occupancy tax and tourism business improvement district assessments in accordance with the provisions of Chapter 3.20 of this Code, including without limitation penalties and interest.
B. For any violation of this chapter that is not subject to subsection A above, the city may impose an administrative fine for the first violation in the amount of five hundred dollars ($500.00). The city may impose an administrative fine for a second violation within a twelve-month period from the first violation in the amount of one thousand dollars ($1,000.00). The city may issue an administrative fine for third and subsequent violations within a twelve-month period from the first violation in the amount of one thousand five hundred dollars ($1,500.00) each. Upon the third violation in any twelve-month period of any provision of this chapter that is not subject to subsection A above, the license for that vacation-rental property may be suspended or revoked by the city.
C. Except as stated herein, each administrative citation for a violation of any provision of this chapter may be levied or assessed against one or more of: the owner, the owner's agent, a short-term rental facilitator, including hosting platform or hosting site, and the responsible party. The city may initiate suspension or revocation of a license after one violation. Each violation which occurs is a separate violation, even if each violation occurs on the same calendar day, for which the city may issue a separate administrative citation and fine.
D. The failure of an owner or the owner's agent to comply with lawful order of any fire, law enforcement, code enforcement or any other public safety officer may result in the revocation or suspension of the license.
E. The appeal and hearing provisions of Section 1.17.070 of this Code apply to any revocation or suspension of a license. In lieu of revocation or suspension of a license, the city manager, at his or her discretion, may place additional operating conditions on a vacation-rental property license.
F. In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from pursuing any other remedy, whether criminal, civil, or administrative, through which the city may enforce this chapter or address any violation of this Code or to remedy any other public nuisance
G. Owners and agents must accept all city vacation-rental-related correspondence, including, but not limited to, notices of violation, administrative citations, registration materials, notices of regulatory changes, and transient occupancy tax notices via email delivery. It is the responsibility of the owner and agent to ensure that the email address provided on the license application is active and monitored regularly.
FINE SCHEDULE
Code Section Violation 1st 2nd 3rd+
4.01.030(A)
Renting and/or advertising
without a current license or
misrepresenting provisions of
the license.
$1,500.00 $2,500.00 $5,000.00
4.01.060(J)
Maintenance issues (trash,
pine needles (roof), other
debris, etc.)
Warning will be issued and
potential violation will be
sent to Big Bear Fire
Authority
$500.00 $1,000.00 $1,500.00
Code Section Violation 1st 2nd 3rd+
4.01.060(A)
Zoning (lighting, unpermitted
construction) dark skies.
A one-time warning will be
issued, and the violation must
be corrected within 30 days
of issuance of the warning
4.01.060(I)
Missing or incorrect
information on exterior sign
A one-time warning will be
issued, and the violation must
be corrected within 30 days
of issuance of the warning
4.01.060(K)
Excessive dog noise
A one-time warning will be
issued, case may be referred
to SB County Sheriff's Dept.
4.01.060(B)
Failure to provide proof of
signature for the Good
Neighbor Policy
4.01.060(C),
(D) Over occupancy
4.01.060(E) Excessive vehicles/improper
Code Section Violation 1st 2nd 3rd+
parking (parking on the street
or front yard)
4.01.060(F) Failure of agent response
within 30 minutes
4.01.060(G)
Amplified music
(noise/speaker) that is heard
past the property line
4.01.060(H) Noise, outdoor activity, or use
of outdoor spa
4.01.105 - Authority to make rules and regulations.
The city shall have the authority to establish administrative rules and regulations, which may include, but are not limited to, registration conditions, notice and repairing requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, consistent with the provisions of this chapter, for the purpose of implementing, interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this chapter.
4.01.110 - Vacation rental eligibility table.
Zoning district Improvements on property Vacation rental eligibility R-L & R-1 zones 1 single-family unit Eligible
Zoning district Improvements on property Vacation rental eligibility 1 single-family unit & detached
guest house (no kitchen)
Eligible, as one unit combined. Must rent the
entire property to same party. No kitchen
allowed in guest house.
1 single-family unit & ADU Not eligible
1+ detached single-family units Only 1 unit is eligible 1+ attached single-family units Only 1 unit is eligible R-3 zone
1 single-family unit Eligible
1 single-family unit & detached
guest house (no kitchen)
Eligible, as one unit combined. Must rent the
entire property to same party. No kitchen
allowed in guest house.
1 single family unit & ADU Eligible for Primary Residence only, ADU is not eligible
1+ detached single-family units Only 1 unit is eligible 2—4 attached single-family units All are eligible
>4 attached single-family units
under single ownership
(apartments)
None are eligible
>4 attached single-family units
under multiple ownership
(condominiums)
All are eligible
Commercial zones
(including village 1 single-family unit Village commercial = eligibleCommercial zones = not eligible Zoning district Improvements on property Vacation rental eligibility commercial) Mixed-use building
1+ detached single-family units
1+ attached single-family units
None are eligible
* Owners of licensed properties as of January 11, 2021 that are not in compliance with the above table can continue to renew license unless it has been revoked or expired more than thirty (30) days.
DISCUSSION/ACTION
ITEM REPORTS
April 8, 2026
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
SUBJECT: Approve the Expenditure Plan for Continuation of Measure I Funding
BACKGROUND & DISCUSSION
Measure I is a half-cent sales tax within San Bernardino County dedicated to funding transportation improvements throughout the County. Measure I was first approved by San Bernardino County voters in 1989. In 2004, voters again approved the sales tax by extending Measure I through 2040. Measure I, which generates approximately $250,000,000 in transportation funds annually, is administered by the San Bernardino County Transportation Authority (SBCTA).
SBCTA proposed a measure on the November 3, 2026 ballot that would continue Measure I without a defined sunset; meaning, it would remain in place until repealed by a future ballot initiative. The proposed measure would leave the current half-cent tax rate unchanged as the measure focuses only on the duration of the sales tax. SBCTA has developed an expenditure plan to support the continuation of Measure I, which includes guiding principles and policies on how the proceeds from Measure I will be distributed, invested, and safeguarded. Pursuant to Public Utilities Code section 180206, the Measure I Continuation Expenditure Plan must be approved by the County Board of Supervisors and a majority of the cities representing a majority of the population residing within incorporated areas of San Bernardino County in order to continue.
The Transportation Expenditure Plan emphasizes a “return-to-source” policy, whereby, the substantial majority of these funds will be returned to the identified subareas of the County, of which there are six (6), consistent with the revenue generated from each subarea. Prior to the funds being distributed to each subarea, there is an allowance for administrative costs to be retained by SBCTA. Additionally, for the purposes of this expenditure plan, SBCTA has developed the Interregional Mobility Expenditure Plan, which will assign funds for regional projects geared toward communities impacted by regional motorists, tourism, interregional travel, and goods movement.
The Interregional Mobility Expenditure Plan (IMEP) establishes the reservation of 3% of Measure I revenue across the entirety of the County to support IMEP. The Interregional Mobility Expenditure Plan will support the planning and implementation of projects and programs for the communities that are experiencing impacts of which the return-to-source guidelines would not necessarily account for. Some of the identified priorities under IMEP include enhancements to the Cajon Pass and other key corridors to enhance mobility, improve safety, and strengthen Item 3.1
reinforcements. Additional priorities include evacuation planning, strengthening of emergency response capabilities, and funding transit-related evacuation needs. Finally, IMEP would set aside funds to address unexpected infrastructure damage resulting from natural or human-caused disasters to ensure rapid recovery and the restoration of essential interregional mobility infrastructure. Under IMEP, agencies such as the City of Big Bear Lake, whose transportation infrastructure is significantly impacted by tourism-related traffic, would have access to additional funds that would not necessarily be captured in their annual allocation as the City’s sales tax revenue is lower than many of the other larger cities throughout the County.
For the remaining proceeds from Measure I, Big Bear Lake is located within the Mountain Subarea, which includes Big Bear Lake as the only incorporated City in addition to the multiple unincorporated communities within the Mountain Subarea. The expenditure plan establishes metrics for the distribution of funds within the Mountain Subarea with 70% supporting Local Mobility, 20% supporting Regional Mobility, and 10% supporting Operations. Local mobility encompasses local priorities that focus on local roadway, bikeway, and sidewalk construction, repair, and maintenance for improved localized movement. Regional mobility supports regional needs and priorities that focus on goods movement, transit, managed lanes, congestion management, and emerging transportation technologies to enhance regional movement. Finally, Operations support includes resourcing the operational costs for providing mobility services via transit, including senior services, first/last mile connections, and safety support.
The expenditure plan also includes the continuation of the Independent Taxpayer Oversight Committee (ITOC) that was created with the extension of Measure I in 2004. The ITOC is made up of members of the public and is charged with the review of all Measure I expenditures to ensure that all proceeds from the Measure are spent in accordance with the expenditure plan. A biannual fiscal audit is required to be completed and the ITOC is responsible for reviewing the findings of these audits.
Under the current expenditure plan, the City of Big Bear Lake receives an annual, local return of Measure I proceeds of between $700,000 and $800,000 annually. These funds have historically been programmed into the City’s Annual Street Rehabilitation Project and have supported the following projects:
• Moonridge Road Rehabilitation Project (FY 2025-26) – Measure I funds of $707,000 • Summit Boulevard Rehabilitation Project (FY 2024-25) – Measure I funds of $743,000 • Annual Residential Street Rehabilitation (FY 2023-24) – Measure I funds of $803,000 Also, SBCTA supported the City’s effort to construct the Moonridge Corridor Improvements Project with $3,200,000 in Major Local Highway Program (MLHP) funds that are also derived from Measure I proceeds. As outlined within this report, the City of Big Bear Lake benefits considerably from the proceeds of Measure I.
FISCAL IMPACT
There are no current fiscal impacts from the recommended action. As Measure I is presently scheduled to sunset in 2040, the City of Big Bear Lake will continue to receive annual return from Measure I throughout the current term of the Measure. If approved by the voters in November 2026, the continuation of Measure I would provide a long-term funding source for transportation improvements within the City of Big Bear Lake and throughout San Bernardino County.
ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act (CEQA).
CONSIDERATION OF STRATEGIC PRIORITIES
This project aligns with the City Council’s Strategic Priority No. 1 to “support and invest in sustainable infrastructure projects and programs consistent with the needs of our community” and Strategic Priority No. 4 to “enhance 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 of the City of Big Bear Lake, State of California, Approving the Expenditure Plan for the Expenditure of Revenues in San Bernardino County Expected to be Derived from the Proposed Continuation of Measure I.
ATTACHMENT
1. Resolution 2026-XX (including Exhibit A)
RESOLUTION NO. 2026-XX
RESOLUTION OF THE CITY OF BIG BEAR LAKE, STATE OF
CALIFORNIA, APPROVING THE EXPENDITURE PLAN FOR
THE EXPENDITURE OF REVENUES IN SAN BERNARDINO
COUNTY EXPECTED TO BE DERIVED FROM THE
PROPOSED CONTINUATION OF MEASURE I
WHEREAS, the voters of San Bernardino County passed Measure I in November 1989 and renewed it in 2004, authorizing San Bernardino Associated Governments, acting as the San Bernardino County Transportation Authority, to impose a one-half of one percent transactions and use tax for transportation improvements, applicable in the incorporated and unincorporated territory of San Bernardino County, through April 1, 2040; and, WHEREAS, Measure I has provided funding for numerous transportation projects, including freeways, local roads, major streets, interchanges, the Metrolink commuter train system, public busses, traffic signals, and more; and,
WHEREAS, the imposition of the one-half of one percent transactions and use tax is set to expire in 2040; and,
WHEREAS, San Bernardino County Transportation Authority, after engagement with private sector stakeholders and City and County representatives, has prepared an Expenditure Plan for the revenues expected to be derived from the proposed continuation of Measure I, which is anticipated to be placed on the November 3, 2026 ballot; and,
WHEREAS, the proposed Transportation Expenditure Plan for the continuation of Measure I is attached hereto as Exhibit A; and,
WHEREAS, if approved by the voters, the continuation of Measure I would authorize the collection of a one-half of one percent sales tax and generate an estimated $7.5 billion in its first 30 years for local transportation projects; and,
WHEREAS, if approved by the voters, the continuation of Measure I would not institute a new tax, but continue the existing one-half of one percent sales tax for transportation after April 1, 2040; and,
WHEREAS, revenues raised from the continuation of Measure I would remain in San Bernardino County and could not be allocated by the State or Federal Government; and, WHEREAS, Measure I would provide a long-term funding source to help fight traffic congestion; improve local streets, major roads and highways; and enhance San Bernardino County’s economy by providing construction related jobs, and an effective transportation system to meet the needs of residents and the business community; and,
WHEREAS, Public Utilities Code section 180206 requires that the Measure I Continuation Expenditure Plan be approved by the County Board of Supervisors and a majority of the cities Item 3.1
Attachment 1
representing a majority of the population residing in incorporated areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that the Measure I Continuation Expenditure Plan developed by the Board of Directors of the San Bernardino County Transportation Authority is approved.
PASSED, APPROVED AND ADOPTED this 8th day of April, 2026.
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2026-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 8th day of April, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
Exhibit A
Transportation Expenditure Plan
Revenue Estimates and Distribution. Allocation of revenue authorized by Ordinance No. 26-1 is established within this Expenditure Plan. Funds shall be allocated by percentage of the actual revenue received. An estimate of revenues and allocation among categories for the first 30 years is $7.5 billion. The estimated revenue is based upon 2026 value of money and is not binding or controlling.
Return to Source. After deduction of required CDTFA fees, funds dedicated for the Interregional Mobility Expenditure Plan and authorized administrative costs, revenues generated from each specified Subarea within San Bernardino County will be expended on projects of direct benefit to that Subarea.
Revenues will be accounted for separately for each Subarea and then allocated to specified project categories. Decisions on how revenues for certain project categories are expended within the Subareas will be made by the Authority Board of Directors, based upon recommendation of local representatives.
Subarea Identification. The San Bernardino Valley Subarea will include the cities of Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland and Yucaipa and unincorporated areas in the east and west portions of the San Bernardino valley urbanized area. The Mountain/Desert area will include the following subareas: (1) The North Desert Subarea, which includes the City of Barstow and surrounding unincorporated areas; (2) The Colorado River Subarea, which includes the City of Needles and the surrounding unincorporated areas of the East Desert; (3) The Morongo Basin Subarea, which includes the City of Twentynine Palms, Town of Yucca Valley, and surrounding unincorporated areas; (4) The Mountain Subarea, which includes the City of Big Bear Lake and surrounding unincorporated areas of the San Bernardino Mountains; and (5) the Victor Valley Subarea, which includes the Cities of Adelanto, Hesperia, and Victorville; the Town of Apple Valley; and surrounding unincorporated areas including Wrightwood.
Contribution from New Development. No revenue generated from the tax shall be used to replace the fair share contributions required from new development as further described in Section 8 of the Ordinance.
Requirement for Annual Financial and Compliance Audits of Measure Funds. The San Bernardino County Transportation Authority shall undergo a biennial financial audit, and each local jurisdiction receiving an allocation of Measure revenue authorized in this Expenditure Plan shall undergo an annual financial audit, with all audits to be performed in accordance with generally accepted auditing standards and government auditing standards issued by the Comptroller General of the United States. Compliance audits also shall be conducted to ensure that each agency is expending funds in accordance with the provisions and guidelines established for Measure revenue including compliance with Maintenance of Effort provisions
The Interregional Mobility Expenditure Plan. Upon initial collection of revenue, 3% of the revenue generated across all San Bernardino County subareas will be reserved in advance of other allocations specified in this plan, in an account for the Interregional Mobility Expenditure Plan. The Interregional Mobility Expenditure Plan will provide resources for the planning and implementation of projects and programs that provide critical infrastructure to communities impacted by regional motorist, tourism, interregional travel, and goods movement. This program will help plan and deliver critical infrastructure improvements, such as enhancements in the Cajon Pass and other key corridors, that address congestion, Item 3.1
Attachment 1
Exhibit A
enhance mobility, improve safety, and strengthen resilience. It will also support evacuation planning, bolster emergency response capabilities, improve primary evacuation routes, and fund transit-related evacuation needs. In addition, the program will be available to address unexpected infrastructure damage resulting from natural or human-caused disasters, ensuring rapid recovery and the restoration of essential interregional mobility.
San Bernardino Valley Subarea Expenditure Plan. In that area described as the San Bernardino Valley Subarea, and referred to herein as the Valley Subarea, project categories shall be established as specified below. The San Bernardino Valley Subarea Expenditure Plan is illustrated in Figure A.
A. State and Federal Transportation Funds. A proportional share of projected state and federal transportation funds shall be reserved for use solely within the Valley Subarea.
B. Local Mobility 25%. Local priorities that focus on local roadway, bikeway, and sidewalk construction, repair, and maintenance for improved localized movement. Includes pass through for local priorities such as: local street widening & rehabilitation, potholes, grade separations, sidewalks, bike lanes, streetlights, and quiet zones. Allocations to local jurisdictions shall be on a per capita basis using the most recent State Department of Finance population estimates for January 1, with the County's portion based upon unincorporated population in the Valley Subarea. Estimates of unincorporated population within the Valley Subarea shall be determined by the County Planning Department, reconciled with the State Department of Finance population estimate for January 1 of each year.
Upon initial collection of revenue, each local jurisdiction shall reserve 5% of allocated revenue in a special account to be expended on active transportation projects. Eligible active transportation projects may include, at the discretion of the local jurisdiction, bicycle and pedestrian projects and costs for associated studies or plans. If, after at least ten years of revenue collection, the local jurisdiction’s governing body makes a finding that the reserve for active transportation projects is no longer necessary, and the Authority Board of Directors subsequently approves the finding, then all Local Mobility funds allocated to the local jurisdiction may be used for any eligible purpose.
Local Mobility projects are defined as local street and road construction, repair, and maintenance and other eligible local transportation priorities. Except as set forth herein, Local Mobility funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including local streets, major highways, state highway improvements, transit, and other improvements/programs to maximize use of transportation facilities. Expenditure of Local Mobility funds shall be based upon a Five-Year Plan adopted annually by the governing body of each local jurisdiction after being made available for public review and comment. Local Mobility funds shall be disbursed to local jurisdictions upon receipt of the annually adopted Five-Year Plan. The locally adopted Five-Year Plan shall be consistent with local, regional, and state transportation plans.
C. Regional Mobility 50%. Regional priorities that focus on goods movement, transit, managed lanes, congestion management, and emerging transportation technologies to enhance regional movement and include: highway improvements, bus and passenger rail (capital and rehabilitation), corridors, interchanges, environmental mitigation, traffic management systems (freeway service patrol and air quality strategies), quiet zones, planning and project development, and emerging transportation technology.
Regional Mobility projects are defined as congestion relief and safety improvements to corridors that connect communities, serve major destinations, and provide freeway access. Decisions on how Regional Mobility funds are expended will be made by the Authority Board of Directors, based upon recommendation of local jurisdiction representatives. Funding priorities shall be given to improving roadway safety, relieving congestion, and street improvements at rail crossings and shall take into account equitable geographic distribution over the life of the program. Eligible projects also include, but are not limited to, signal synchronization, systems to improve traffic flow, commuter assistance programs, freeway service patrol, and projects that contribute to environmental enhancement associated with transportation facilities.
D. Operations 25%. Resourcing the operational costs for providing mobility services via rail, transit, senior and specialized services, first/last mile connections, ridesharing, and safety support functions.
Decisions on how Operations funds are expended will be made by the Authority Board of Directors, based upon recommendations of local jurisdiction representatives. Funding priorities shall be given to maintaining core services across all modes of mobility.
Mountain/Desert Expenditure Plan. In that area described as the Mountain/Desert area, the following Expenditure Plan requirements shall apply. The Mountain/Desert Subarea Expenditure Plan is illustrated in Figure B.
A. State and Federal Transportation Funds. A proportional share of projected state and federal transportation funds shall be reserved for use solely within the Mountain/Desert Subareas.
B. Local Mobility 70%. Local priorities that focus on local roadway, bikeway, and sidewalk construction, repair, and maintenance for improved localized movement. Includes pass through for local priorities such as: local street widening & rehabilitation, potholes, grade separations, sidewalks, bike lanes, and streetlights. Allocations to local jurisdictions shall be based upon population (50 percent) and tax generation (50 percent). Population calculations shall be based upon the most current State Department of Finance estimates for January 1 of each year. Estimates of unincorporated population within each Subarea shall be determined by the County Planning Department, reconciled with the State Department of Finance population estimate. Tax generation calculations shall be based upon CDTFA data.
Upon initial collection of revenue, each local jurisdiction shall reserve 5% of allocated revenue in a special account to be expended on active transportation projects. Eligible active transportation projects may include, at the discretion of the local jurisdiction, but are not limited to, bicycle and pedestrian projects and costs for associated studies or plans. If, after at least ten years of revenue collection, the local jurisdiction’s governing body makes a finding that the reserve for active transportation projects is no longer necessary, and the Authority Board of Directors subsequently approves the finding, then all Local Mobility funds allocated to the jurisdiction may be used for any eligible purpose.
Local Mobility projects are defined as local street and road construction, repair, and maintenance and other eligible local transportation priorities. Except as set forth herein, Local Mobility funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including local roads, major streets, state highway improvements, transit, including but not limited to, fare subsidies and service enhancements for seniors and persons with disabilities, and other improvements/programs to maximize use of transportation facilities. Expenditure of Local Mobility funds shall be based upon a Five-Year Plan adopted annually by the governing body of each local jurisdiction after being made available for public review and comment. Local Mobility funds shall be disbursed to local jurisdictions upon receipt of the annually adopted Five-Year Plan. The locally adopted Five-Year Plans shall be consistent with other local, regional, and state transportation plans.
C. Regional Mobility 20%. Regional priorities that focus on goods movement, transit, managed lanes, congestion management, and emerging transportation technologies to enhance regional movement and include: highway improvements, bus and passenger rail (capital and rehabilitation), corridors, interchanges, environmental mitigation, traffic management systems (freeway service patrol and air quality strategies), planning and project development, and emerging transportation technology.
Revenue collected within each Subarea shall be reserved in a special account to be expended on Regional Mobility projects of benefit to the Subarea. Regional Mobility projects are defined as major streets and highways serving as primary routes of travel within the Subarea, which may include State highways and freeways, where appropriate. Regional Mobility Projects funds can be used to leverage state and federal funds for transportation projects and to perform advance planning/project reports.
Expenditure of Regional Mobility funds shall be approved by the Authority Board of Directors, based upon a recommendation of Subarea representatives and the Mountain/Desert Policy Committee. If, after five years of revenue collection and every five years thereafter, the local representatives and the Mountain/Desert Policy Committee make a finding that Regional Mobility funds are not required for improvements of benefit to the Subarea, then revenue in the Regional Mobility category may be returned to local jurisdictions within the Subarea. Such return shall be allocated and expended based upon the formula and requirements established in the Local Mobility category.
D. Operations 10%. Resourcing the operational costs for providing mobility services via rail, transit, senior and specialized services, first/last mile connections, ridesharing, and safety support functions.
Decisions on how Operations funds are expended will be made by the Authority Board of Directors, based upon recommendation of Subarea representatives and the Mountain/Desert Policy Committee and/or Transit Committee. Funding priorities shall be given to maintaining core services across all modes of mobility services.
The Authority Board of Directors, based upon recommendation of Subarea representatives and the Mountain/Desert Policy Committee, may provide additional funding beyond 10% upon a finding that such increase is required to address unmet transit needs of the Subarea. All increases above the 10% initial revenue collected for the Operations category shall come from the Local Mobility category of the Subarea.
E. Mountain/Desert Policy Committee. The Mountain/Desert Policy Committee of the Authority shall remain in effect and provide oversight of the implementation of the Mountain/Desert Expenditure Plan.
Measure “I”
Transportation Expenditure Plan
FIGURE A
San Bernardino Valley Subarea Expenditure Plan
14 FIGURE B
Mountain Desert Expenditure Plan
Exhibit “B”
Independent Taxpayer Oversight Committee (ITOC)
ITOC Goal and Function. Voter approval of this Measure shall result in the continuation of the existing Independent Taxpayer and Oversight Committee (ITOC) as follows:
The ITOC shall provide citizen review to ensure that all Measure funds are spent by the San Bernardino County Transportation Authority (hereby referred to as the Authority) in accordance with provisions of the Expenditure Plan and Ordinance No. 26-1, Measure I and the Measure I Expenditure Plan.
Audit Requirement. A bi-annual fiscal and compliance audit shall be performed in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States. The audit shall review the basic financial statements of the Authority as defined by the Governmental Accounting Standards Board and the financial and compliance audits of the member jurisdictions.
Role of Financial and Compliance Audit and the ITOC. The ITOC shall review the annual audits of the Authority; report findings based on the audits to the Authority; and recommend any additional audits for consideration that the ITOC believes may improve the financial operation and integrity of program implementation.
The Authority shall hold a publicly noticed meeting, which may or may not be included on the agenda of a regularly scheduled Authority Board of Directors meeting, with the participation of the ITOC to consider the findings and recommendations of the audits.
Membership and Selection Process. The Authority shall have an open process to select five committee members, which shall include solicitation of trade and other organizations to suggest potential nominees to the committee. The committee members shall possess one of the following credentials: • Professional in the field of municipal audit, finance and/or budgeting with a minimum of five years in a relevant and senior decision-making position in the public or private sector. • Licensed civil engineer or trained transportation planner with at least five years of demonstrated experience in the fields of transportation and/or urban design in government and/or the private sector. No member shall be a recipient or sub-recipient of Measure funding. • Three public members who possess knowledge and skills that will be helpful to the work of the ITOC.
The Chair and the Executive Director of the Authority shall serve as ex-officio members of the ITOC.
Terms and Conditions for Committee. Committee members shall serve staggered four-year terms. In no case shall any voting committee member serve more than twelve years on the ITOC. Committee members shall serve without compensation, except they shall be reimbursed for authorized travel and other expenses directly related to the work of the ITOC. Committee members cannot be a current local elected official in the County or a full-time staff member of any city/town, the County government, local transit operator, or state transportation agency.
Non-voting ex-officio committee members shall serve only as long as they remain incumbents in their respective positions and shall be automatically replaced by their successors in those positions.
If vacancies on the ITOC occur, for any reason, Authority staff will collaborate with Authority Board members to find an appropriate replacement, within 90 days of the vacancy or as soon thereafter as possible, to fill the remainder of the term. When more than one application is received for a vacancy, the General Policy Committee will make a recommendation to the Authority Board of Directors to appoint an applicant to the ITOC.
When only one application is received, the Board President will recommend to the Board the applicant’s appointment to the ITOC.
ITOC Operation Protocols. The ITOC shall continue as long as Measure revenues are collected. Authority Board of Directors and staff shall fully cooperate with and provide necessary support to ensure the ITOC successfully carries out its duties and obligations.
Conflict of Interest. ITOC voting members shall have no legal action pending against the Authority and are prohibited from acting in any commercial activity directly or indirectly involving the Authority, such as being a consultant during their tenure on the ITOC. ITOC voting members shall not have direct commercial interest or employment with any public or private entity that receives the transportation tax funds authorized by the voters in this Ordinance.
Exhibit C (Ballot Question)
Measure “I” Local Transportation Improvement Program
San Bernardino County Road Repair/Traffic Relief Extension Without raising tax rates, shall an ordinance to fund repairing potholes; keeping local roads in good condition; completing freeway/highway projects to improve traffic flow/safety, reduce traffic bottlenecks; upgrading aging bridges/overpasses; creating local jobs; keeping student/senior/disabled/veteran transit fares low be adopted, extending the ½¢ voter-approved transportation sales tax, providing approximately $250,000,000 annually until ended by voters, requiring audits, oversight, spending disclosure, local control?
MEETING
DATE: April 8, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Kelly Tinker, Acting Director of Community & Economic Development SUBJECT: Real Property Transaction – Relating To 630 Bartlett Road And 40729 Beaver Lane
BACKGROUND & DISCUSSION
The City of Big Bear Lake (“City”) has completed negotiations with Adolfo A. Gonzalez - Gonzalez Living Trust (“Seller”) for the acquisition by the City of that certain real property, Parcel Numbers 0308-166-13 and 0308-166-14, located at 40729 Beaver Lane, Big Bear Lake, California 92315 (the “Property”). In consideration for this real property, the City and Seller have agreed to terms on a property exchange involving a small portion of City-owned property within the existing Bartlett Public Parking Lot (Parcel Number 0308-166-57, located at 630 Bartlett Road).
The City considers four separate categories/criteria when evaluating the acquisition of available property for public benefit: Workforce Housing and Community Serving Elements; Traffic and Pedestrian Safety Improvements; Economic Development and Visitor Serving Opportunities; and Property Maintenance/Blight. Each opportunity for property acquisition is evaluated using these four categories, and only those that meet one or more of these criteria and offer the greatest overall impact and community benefit are recommended by staff to be agendized for City Council review and public discussion. The proposed property exchange transaction addresses Traffic and Pedestrian Safety Improvements, as well as Economic Development and Visitor Serving Opportunities.
The proposed property exchange includes:
- City Property (Parcel A): Approximately 4,055 square feet (0.09 acres) located at the south side of the Bartlett Public Parking Lot, immediately behind Masala Craft and Muchachos restaurants (40760 Village Drive).
- Private Property (Parcel B): Approximately 5,250 square feet (0.12 acres) across two contiguous parcels on Beaver Lane, currently vacant and positioned between recently acquired City-owned lots and the existing Bartlett Public Parking Lot.