CITY COUNCIL
REGULAR MEETING AGENDA
MAY 13, 2026
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 – 5:00 P.M.
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
An Invocation provided by Jim Lona, San Bernardino County’s 3rd District Veterans Affairs Commissioner.
EVENT CALENDAR FOR THE PERFORMING ARTS CENTER - For tickets please contact the box office at (909) 866-4970 or visit www.citybigbearlake.com
• The Steven G. Mihaylo and Big Bear High School Education Foundation present the 2026 Steven G.
Mihaylo BBHS Scholarship Awards presentation on May 30th at 2:00 p.m. • Big Bear High School presents the 2026 Senior Awards Night on June 4th at 6:00 p.m.
CITY COUNCIL AGENDA
MAY 13, 2026 - Page 2
PRESENTATIONS
• Presentation to the Public Works Department declaring the week of May 17 – 23, 2026 as National Public Works Week.
• Presentation of a 5-year Employee Service Award to Assistant City Manager Sean Sullivan. • Presentation from Southern California Mountains Foundation representatives on a recent merit award from California State Parks to the City of Big Bear Lake for the Castle Rock Trailhead Parking Lot Project.
• 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.
CITY MANAGER AND/OR CITY ATTORNEY ANNOUNCEMENTS IN RESPONSE TO PUBLIC COMMENTS MADE AT THE 4/8/26 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 4/01/26 THROUGH 4/30/26 IN THE AMOUNT OF $4,536,857.01 AND THE MARCH 2026 TREASURER’S REPORT
1.2 APPROVE MEETING MINUTES FROM THE APRIL 8, 2026 REGULAR MEETING
OF CITY COUNCIL
1.3 ADOPT 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
CITY COUNCIL AGENDA
MAY 13, 2026 - Page 3
Staff Recommendation: Adopt 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).
1.4 AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT FOR THE 2026 TOUR
DE BIG BEAR EVENT TRAFFIC CONTROL SERVICES
Staff Recommendation: Adopt a Resolution Authorizing a Professional Services Agreement with Statewide Traffic Safety and Signs, Inc. DBA AWP Safety for Traffic Control Services in Support of the 2026 Tour de Big Bear Event, in an Amount Not to Exceed $49,927; the costs associated with this Agreement will be reimbursed by Visit Big Bear.
1.5 AUTHORIZE EXTENDING EXISTING ON-CALL CONSULTING SERVICES
AGREEMENTS AND AUTHORIZE NEW ON-CALL CONSULTING SERVICES
AGREEMENTS
Staff Recommendation: Adopt a Resolution Extending Existing On-Call Consulting Services Agreements and Authorizing New On-Call Consulting Services Agreements to Provide Planning and Architectural, Environmental Review, Geographic Information Systems, Engineering, Stormwater Engineering, Traffic Engineering, Land Surveying, and Building & Safety Services.
1.6 LETTER OF OPPOSITION TO ASSEMBLY BILL (AB) 1678 (HARABEDIAN) Staff Recommendation: Approve a Letter of Opposition to AB 1678 (Harabedian) which focuses on the Claremontclair Authority: Metro A Line Extension Project.
1.7 AUTHORIZE A BID SOLICITATION FOR THE BARLETT PARKING LOT
EXTENSION PROJECT AND A RELATED PURCHASE ORDER
Staff Recommendation: Authorize staff to conduct a bid solicitation for the construction of the Bartlett Parking Lot Extension (Beaver/Badger) Project; and authorize a Purchase Order with South Coast Lighting and Design, in an amount not to exceed $210,274.
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.
CITY COUNCIL AGENDA
MAY 13, 2026 - Page 4
2.1 INTRODUCTION OF AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2025-0005, UPDATING PORTIONS OF THE CITY’S SIGN
ORDINANCE RELATING TO TEMPORARY NONCOMMERCIAL SIGNS
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 Portions of Chapter 17.12 (Signs) Of Title 17 (Land Use) of the Big Bear Lake Municipal Code Regarding Temporary Noncommercial Signs by, among other things, Revising and Clarifying Definitions, Development Standards, and Enforcement Processes, Making Other Changes to Ensure Consistency Within the Chapter, and Finding These Amendments Exempt From the California Environmental Quality Act (CEQA).
3. DISCUSSION/ACTION ITEMS
3.1 ADOPT A DISRUPTION OF TELEPHONIC OR INTERNET SERVICE DURING CITY COUNCIL MEETINGS POLICY AS REQUIRED PER SENATE BILL (SB) 707 Staff Recommendation: Adopt Administrative Instruction 2026-02: Disruption of Telephonic or Internet Service During City Council Meetings Policy; and direct staff to update City Council Regular Meeting Agendas to indicate there will be a thirty (30) minute limit for Public Communications (Part 1).
3.2 REAL PROPERTY PURCHASE – 546 SQUIRREL LANE / 0 COTTAGE LANE Staff Recommendation: Adopt one of the following resolutions:
Resolution Authorizing the City Manager to Execute Any and All Documents Necessary to Consummate the Purchase Transaction, Conveying to the City of Big Bear Lake Certain Real Property, Located at 546 Squirrel Lane / 0 Cottage Lane, Parcel Numbers 0308-163-15, 0308- 163-16, 0308-163-17, 0308-163-18 and 0308-162-19, 0308-162-20, in an Amount not to Exceed $220,000; Authorizing a Fiscal Year 2025-2026 Budget Appropriation; and Finding the Action Exempt from the California Environmental Quality Act.
OR
Resolution Authorizing the City Manager to Execute Any and All Documents Necessary to Consummate the Purchase Transaction, Conveying to the City of Big Bear Lake Certain Real Property, Located at 546 Squirrel Lane, Parcel Numbers 0308-163-15, 0308-163-16, 0308- 163-17, 0308-163-18, in an Amount not to Exceed $146,667; Authorizing a Fiscal Year 2025- 2026 Budget Appropriation; and Finding the Action Exempt from the California Environmental Quality Act.
PUBLIC COMMUNICATIONS (PART 2)
CITY COUNCIL AGENDA
MAY 13, 2026 - Page 5
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 • Film Permit Ordinance Update
o June 10, 2026 Regular City Council Meeting
• Fiscal Year 2026-27 Budget Adoption
o June 10, 2026 Regular City Council Meeting
• Resolution Calling for the November 2026 Election
o June 10, 2026 Regular City Council Meeting
• GPAC Committee Meeting
o June 24, 2026 Regular City Council Meeting
DECLARATION OF POSTING
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 7th day of May 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
May 13, 2026
CHECK # VENDOR NAME DATE AMOUNT
93818 SAN BERNARDINO COUNTY CLERK OF THE BOARD OF SUPERVISORS 04/02/26 300.00 93819 SAN BERNARDINO COUNTY SOLID WASTE MGMT DIVISION 04/02/26 9,683.20 93820 BAY CITY EQUIPMENT INDUSTRIES INC 04/02/26 2,536.74 93821 BIG BEAR PAINT CENTER 04/02/26 360.73
93822 BUTCHERS BLOCKS & BUILDING MATERIALS 04/02/26 1,693.52 93823 BEAR VALLEY ELECTRIC 04/02/26 1,092.82
93824 BEAR VALLEY PRINTING INC 04/02/26 808.13
93825 CINTAS CORPORATION 04/02/26 443.34
93826 LUMBER CITY CORP. 04/02/26 25.87
93827 EXTRA SPACE MANAGEMENT INC 04/02/26 1,058.00
93828 GOGOV, INC. 04/02/26 6,280.00
93829 HINDERLITER DE LAMAS & ASSOC INC. 04/02/26 1,406.88 93830 KELLOGG SUPPLY, INC 04/02/26 4,642.38
93831 LOR GEOTECHNICAL GROUP, INC. 04/02/26 7,000.00
93832 MISSION LINEN SUPPLY INC. 04/02/26 198.66
93833 BBAP, LLC 04/02/26 501.49
93834 SWEEPSCRUB.COM LLC 04/02/26 694.99
93835 VOLVO CONSTRUCTION EQUIPMENT 04/02/26 24,998.00
93836 WAXIE SANITARY SUPPLY INC. 04/02/26 4,237.92
93838 BAY CITY EQUIPMENT INDUSTRIES INC 04/09/26 1,126.67 93839 BIG BEAR PAINT CENTER 04/09/26 325.98
93840 BUTCHERS BLOCKS & BUILDING MATERIALS 04/09/26 339.91 93841 BEAR VALLEY PAVING, INC. 04/09/26 127,660.50
93842 BEAR VALLEY PRINTING INC 04/09/26 89.74
93843 CYNTHIA LOUISE GABALDON 04/09/26 1,890.00
93844 CRAFCO INC. 04/09/26 1,939.50
93846 LUMBER CITY CORP. 04/09/26 288.75
93847 LAGUNA VAULT, LLC 04/09/26 57.75
93849 GEIGER SUPPLY, INC. 04/09/26 629.26
93850 GRAINGER INC. 04/09/26 3,160.39
93851 LLOYD WOOD TRUCKING INC 04/09/26 24,875.00
93854 MERRELL JOHNSON ENGINEERING INC 04/09/26 2,263.50 93855 MILE HIGH SPORTS AND EQUIPMENT 04/09/26 155,244.59 93856 MUNICIPAL MAINTENANCE EQUIPMENT 04/09/26 2,506.25 93857 BBAP, LLC 04/09/26 200.49
93858 ORKIN PEST CONTROL 04/09/26 127.33
93859 PETER CRAWFORD PLUMBING 04/09/26 2,450.00
93860 PROCORE TECHNOLOGIES, INC. 04/09/26 14,471.79
93861 ROMANS CONSTRUCTION CORP. 04/09/26 86,245.50
93862 RIGHT OF WAY, INC. 04/09/26 7,300.00
93863 SCMF URBAN CONSERVATION CORP 04/09/26 247,985.71
93864 SIMPLER SYSTEMS INC 04/09/26 1,190.20
93865 TRIPLE CROWN PRODUCTS, INC. 04/09/26 437.90
93866 SAN BERNARDINO COUNTY RECORDER 04/16/26 259.00
93870 EXECUCOM 04/16/26 735.00
93871 CIVICA LAW GROUP, APC 04/16/26 13,229.54
93872 LYNN MERRILL AND ASSOCIATES, INC. 04/16/26 247.42 93873 MERRELL JOHNSON ENGINEERING INC 04/16/26 3,143.25 93874 MOJAVE DESERT & MOUNTAIN JPA 04/16/26 4,146.00
93876 SANCON TECHNOLOGIES, INC. 04/16/26 19,972.45
93877 TRIDEN GROUP CORPORATION 04/16/26 12,500.00
93878 CALIFORNIA STATE DEPT. OF INDUSTRIAL RELATIONS 04/23/26 225.00 93879 SBCNTY VEHICLE SVCS DEPT FLEET 04/23/26 15,888.79 93880 SAN BERNARDINO COUNTY SOLID WASTE MGMT DIVISION 04/23/26 233.95 93881 CITY OF BIG BEAR LAKE 04/23/26 100.27
93882 BBARWA 04/23/26 2,327,848.90
93883 BIG BEAR JANITORIAL SUPPLY 04/23/26 1,017.42
93884 BEST BEST & KRIEGER LLP 04/23/26 5,255.00
93885 BIG BEAR PAINT CENTER 04/23/26 2,520.94
93886 BIG BEAR WINDOW WASHING 04/23/26 2,475.00
93887 BUTCHERS BLOCKS & BUILDING MATERIALS 04/23/26 1,614.77 93888 BEAR VALLEY PAVING, INC. 04/23/26 420.00
93889 BEAR VALLEY PRINTING INC 04/23/26 44.63
93890 CALOLYMPIC GLOVE & SAFETY CO 04/23/26 2,679.04
93891 CINTAS CORPORATION 04/23/26 673.38
93892 MELISA CARLC 04/23/26 2,635.00
93893 LUMBER CITY CORP. 04/23/26 417.16
93894 EWING 04/23/26 522.43
93895 FISHER INTEGRATED, INC. 04/23/26 1,200.00
93896 GEIGER SUPPLY, INC. 04/23/26 1,602.25
93897 GRAINGER INC. 04/23/26 4,931.64
93898 GLENN M SLUSSER 04/23/26 1,000.00
CITY OF BIG BEAR LAKE
CHECKS ISSUED 04/01/2026 - 04/30/2026
Item 1.1
CHECK # VENDOR NAME DATE AMOUNT
CITY OF BIG BEAR LAKE
CHECKS ISSUED 04/01/2026 - 04/30/2026
93899 INLAND LIGHTING SUPPLIES, INC 04/23/26 783.00
93900 NORMAN OR LINDA LAPIDUS 04/23/26 5,000.00
93902 LUDECKE'S ELECTRICAL SERVICES, INC. 04/23/26 299.18 93903 MISSION LINEN SUPPLY INC. 04/23/26 1,435.10
93904 MUNICIPAL MAINTENANCE EQUIPMENT 04/23/26 3,112.56 93905 MONARCH WEATHER AND 04/23/26 990.00
93906 MOTIVE ENERGY STORAGE SYSTEMS, LLC 04/23/26 1,740.00 93907 RANDY SPITZ 04/23/26 117.98
93909 BBAP, LLC 04/23/26 973.43
93910 NATIVESCAPES, INC. 04/23/26 2,380.00
93911 ORKIN PEST CONTROL 04/23/26 472.25
93912 OTIS ELEVATOR COMPANY 04/23/26 3,801.12
93913 EMERGENCY ROADSIDE SERVICE INC 04/23/26 8,300.00
93914 ROBERTSON'S READY MIX 04/23/26 101.02
93915 SCA OF CA, LLC 04/23/26 5,500.00
93916 SIERRA AGGREGATE COMPANY INC 04/23/26 3,397.91
93917 TWIN BEAR EQUIPMENT RENTAL, INC. 04/23/26 197.63
93918 UNDERGROUND SERVICE ALERT INC. 04/23/26 238.02
93919 URIEL VILLEGAS 04/23/26 3,500.00
93920 VOLVO CONSTRUCTION EQUIPMENT 04/23/26 12,499.00
93921 WAXIE SANITARY SUPPLY INC. 04/23/26 8,594.91
93922 WILLDAN ENGINEERING INC 04/23/26 27,630.00
93925 BEAR VALLEY ELECTRIC 04/30/26 27,021.53
93926 SBCNTY VEHICLE SVCS DEPT FLEET 04/30/26 4,829.41
93927 BIG BEAR LAKE DWP 04/30/26 2,519.99
93928 ALL PROTECTION ALARM 04/30/26 431.68
93929 AMERICAN LEGION POST 584 04/30/26 5,000.00
93930 A PERFORMANCE TOWING INC 04/30/26 525.00
93931 BIG BEAR PAINT CENTER 04/30/26 391.01
93932 BRAVO ARTS SOLUTIONS LLC 04/30/26 47.85
93933 PETER JOSEPH BUCKNAM 04/30/26 2,895.00
93934 BEAR VALLEY PRINTING INC 04/30/26 452.55
93936 CINTAS CORPORATION 04/30/26 1,302.10
93938 LUMBER CITY CORP. 04/30/26 143.57
93940 GEIGER SUPPLY, INC. 04/30/26 435.21
93941 GRAINGER INC. 04/30/26 40.96
93942 THE GRIZZLY 04/30/26 2,958.00
93943 HAAKER EQUIPMENT CO. INC. 04/30/26 15,424.67
93944 HINDERLITER DE LAMAS & ASSOC INC. 04/30/26 12,075.00 93945 MTS PARTNERS INC 04/30/26 1,213.27
93946 LUDECKE'S ELECTRICAL SERVICES, INC. 04/30/26 3,151.25 93947 MINTIER HARNISH, LP 04/30/26 45,419.00
93948 MISSION LINEN SUPPLY INC. 04/30/26 232.32
93949 MUNICIPAL MAINTENANCE EQUIPMENT 04/30/26 1,202.71 93950 ORKIN PEST CONTROL 04/30/26 266.96
93952 PLANETBIDS, INC. 04/30/26 3,979.92
93953 PUMPMAN LLC 04/30/26 8,105.00
93954 QUADIENT LEASING USA, INC 04/30/26 831.16
93955 SWA GROUP INC. 04/30/26 18,000.00
93956 TRIDEN GROUP CORPORATION 04/30/26 20,662.85
93957 VOLVO CONSTRUCTION EQUIPMENT 04/30/26 32,347.50
93958 WAXIE SANITARY SUPPLY INC. 04/30/26 8,349.87
93959 WEST COAST PIPEWORKS BIG BEAR 04/30/26 4,144.65
ACH ALL4, LLC 04/02/26 2,000.00
ACH AUTOZONE INVESTMENT CORPORATION 04/02/26 340.89
ACH AUTOZONE INVESTMENT CORPORATION 04/23/26 165.52
ACH AUTOZONE INVESTMENT CORPORATION 04/30/26 21.99
ACH AVIDEX INDUSTRIES LLC 04/30/26 5,718.63
ACH BIG BEAR DISPOSAL INC 04/23/26 315,532.47
ACH BIG BEAR DISPOSAL INC 04/30/26 1,900.84
ACH CHARTER COMMUNICATIONS HOLDINGS, LLC 04/02/26 246.66 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC 04/16/26 3,967.63 ACH ESPYR 04/02/26 429.66
ACH ESPYR 04/30/26 208.01
ACH FIRST-CITIZENS BANK & TRUST COMPANY 04/30/26 205.94 ACH GARY PAYNE 04/02/26 220.00
ACH GARY PAYNE 04/23/26 825.00
ACH PHASE II SYSTEMS 04/02/26 2,336.95
ACH PHASE II SYSTEMS 04/23/26 2,336.95
ACH RING CENTRAL 04/23/26 2,878.17
ACH ROSE BRAND WIPERS INC 04/23/26 13,562.63
ACH S PORTER INC 04/09/26 62,755.00
CHECK # VENDOR NAME DATE AMOUNT
CITY OF BIG BEAR LAKE
CHECKS ISSUED 04/01/2026 - 04/30/2026
ACH S PORTER INC 04/23/26 3,200.00
ACH S PORTER INC 04/30/26 21,430.00
ACH SAN BERN CNTY SHERIFF DEPT 04/23/26 578,592.65
ACH TASC CLIENT INVOICES 04/02/26 106.02
ACH TASC CLIENT INVOICES 04/23/26 106.02
ACH UNITED RENTALS INC 04/02/26 14,662.62
ACH UNITED RENTALS INC 04/09/26 6,452.96
ACH UNITED RENTALS INC 04/23/26 2,793.09
ACH WHAT'S UP BIG BEAR 04/02/26 90.00
4,536,857.01
CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY COUNCIL 4110
93929 AMERICAN LEGION POST 584 04/30/26 5,000.00
CITY COUNCIL TOTAL 5,000.00
CITY CLERK & COMMUNICATIONS 4130
93824 BEAR VALLEY PRINTING INC 04/02/26 808.13
93842 BEAR VALLEY PRINTING INC 04/09/26 89.74
93847 LAGUNA VAULT, LLC 04/09/26 57.75
93934 BEAR VALLEY PRINTING INC 04/30/26 452.55
CITY CLERK & COMMUNICATIONS TOTAL 1,408.17
FINANCE & TREASURY SERVICES 4140
93829 HINDERLITER DE LAMAS & ASSOC INC. 04/02/26 1,406.88 93864 SIMPLER SYSTEMS INC 04/09/26 1,190.20
FINANCE & TREASURY SERVICES TOTAL 2,597.08
STAFF SERVICES & RISK MANAGEMENT 4150
93942 THE GRIZZLY 04/30/26 181.50
ACH ESPYR 04/02/26 429.66
ACH ESPYR 04/30/26 208.01
ACH PHASE II SYSTEMS 04/02/26 2,336.95
ACH PHASE II SYSTEMS 04/23/26 2,336.95
ACH TASC CLIENT INVOICES 04/02/26 106.02
ACH TASC CLIENT INVOICES 04/23/26 106.02
STAFF SERVICES & RISK MANAGEMENT TOTAL 5,705.11
CITY ATTORNEY 4170
93871 CIVICA LAW GROUP, APC 04/16/26 13,229.54
93884 BEST BEST & KRIEGER LLP 04/23/26 5,255.00
93942 THE GRIZZLY 04/30/26 2,776.50
CITY ATTORNEY TOTAL 21,261.04
TRAFFIC SAFETY 4230
93823 BEAR VALLEY ELECTRIC 04/02/26 126.28
93925 BEAR VALLEY ELECTRIC
VIETNAM TRAVELING WALL DONATION
ARMED FORCES BANNERS
PUBLIC COMMENT CARDS
DOCUMENT STORAGE - APRIL
ARMED FORCES BANNERS
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
RECRUITMENT EXPENSE
EAP SERVICES - MARCH
EAP SERVICES - APRIL
PARS ADMINISTRATIVE FEES - JANUARY
PARS ADMINISTRATIVE FEES - FEBRUARY
ADMINISTRATIVE FEES - APRIL
ADMINISTRATIVE FEES - MAY
PROFESSIONAL LEGAL SERVICES - MARCH
PROFESSIONAL LEGAL SERVICES - FEBRUARY
LEGAL NOTICES
ELECTRICITY USAGE
ELECTRICITY USAGE 04/30/26 659.91
TRAFFIC SAFETY TOTAL 786.19
LAW ENFORCEMENT 4250
ACH SAN BERN CNTY SHERIFF DEPT MONTHLY SHERIFF CONTRACT - APRIL/OVERTIME CHARGES 04/23/26 578,592.65 LAW ENFORCEMENT TOTAL 578,592.65
ANIMAL REGULATION 4260
93822 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/02/26 43.08 93826 LUMBER CITY CORP. MATERIALS/SUPPLIES 04/02/26 25.87 93850 GRAINGER INC. MATERIALS/SUPPLIES 04/09/26 469.42
93911 ORKIN PEST CONTROL PEST CONTROL SERVICE 04/23/26 177.42 93946 LUDECKE'S ELECTRICAL SERVICES, INC. ELECTRICAL LIGHTING SERVICES 04/30/26 305.00 ANIMAL REGULATION TOTAL 1,020.79
ENGINEERING 4310
93818 SAN BERNARDINO COUNTY CLERK OF THE BOARD OF SUPERVISORS NOTICE OF EXEMPTION FILING FEES 04/02/26 300.00 93843 CYNTHIA LOUISE GABALDON PROFESSIONAL SERVICES 04/09/26 1,890.00
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 04/01/2026 - 04/30/2026
CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 04/01/2026 - 04/30/2026
93854 MERRELL JOHNSON ENGINEERING INC PROFESSIONAL SERVICES 04/09/26 994.50 93879 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/23/26 316.21 93926 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/30/26 438.41 93933 PETER JOSEPH BUCKNAM PROFESSIONAL SERVICES 04/30/26 2,895.00 93952 PLANETBIDS, INC. ANNUAL BID SUPPORT SERVICE FEE 04/30/26 3,979.92 ENGINEERING TOTAL 10,814.04
STREET MAINTENANCE & SNOW REMOVAL 4320
93822 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/02/26 56.66 93827 EXTRA SPACE MANAGEMENT INC STORAGE RENTAL SPACES 04/02/26 1,058.00 93832 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/02/26 158.93 93835 VOLVO CONSTRUCTION EQUIPMENT SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 04/02/26 24,998.00 93836 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/02/26 1,059.50 93838 BAY CITY EQUIPMENT INDUSTRIES INC EQUIPMENT REPAIRS 04/09/26 1,126.67 93840 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/09/26 39.25 93841 BEAR VALLEY PAVING, INC. SNOW REMOVAL SERVICES 04/09/26 127,660.50 93844 CRAFCO INC. MATERIALS/SUPPLIES 04/09/26 1,939.50
93850 GRAINGER INC. OFFICE STORAGE CONTAINERS 04/09/26 2,690.97 93851 LLOYD WOOD TRUCKING INC SNOW REMOVAL SERVICES 04/09/26 24,875.00 93855 MILE HIGH SPORTS AND EQUIPMENT SNOW REMOVAL SERVICES 04/09/26 155,244.59 93856 MUNICIPAL MAINTENANCE EQUIPMENT EQUIPMENT REPAIRS 04/09/26 2,506.25 93861 ROMANS CONSTRUCTION CORP. SNOW REMOVAL SERVICES 04/09/26 86,245.50 93862 RIGHT OF WAY, INC. SNOW REMOVAL EXPENSE - MESSAGE BOARD RENTALS 04/09/26 7,300.00 93865 TRIPLE CROWN PRODUCTS, INC. STAFF UNIFORMS 04/09/26 437.90 93870 EXECUCOM AFTER-HOURS CALL SERVICE 04/16/26 367.50 93879 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/23/26 10,048.88 93883 BIG BEAR JANITORIAL SUPPLY JANITORIAL SUPPLIES 04/23/26 1,017.42 93885 BIG BEAR PAINT CENTER MATERIALS/SUPPLIES 04/23/26 278.40 93887 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/23/26 23.33 93888 BEAR VALLEY PAVING, INC. SNOW REMOVAL SERVICES 04/23/26 420.00 93889 BEAR VALLEY PRINTING INC OFFICE EXPENSE 04/23/26 44.63 93890 CALOLYMPIC GLOVE & SAFETY CO STAFF UNIFORMS 04/23/26 1,339.52 93891 CINTAS CORPORATION FIRST AID SUPPLIES 04/23/26 336.69 93893 LUMBER CITY CORP. MATERIALS/SUPPLIES 04/23/26 371.11 93897 GRAINGER INC. SAFETY SUPPLIES 04/23/26 3,077.03
93903 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE/STAFF UNIFORMS 04/23/26 1,318.89 93904 MUNICIPAL MAINTENANCE EQUIPMENT EQUIPMENT REPAIRS 04/23/26 3,112.56 93905 MONARCH WEATHER AND WEATHER FORECASTING SERVICES 04/23/26 990.00 93907 RANDY SPITZ MEETING SUPPLIES 04/23/26 117.98
93913 EMERGENCY ROADSIDE SERVICE INC WINTER VEHICLE TOWING & IMPOUNDING SERVICES 04/23/26 8,300.00 93914 ROBERTSON'S READY MIX MATERIALS/SUPPLIES 04/23/26 101.02 93915 SCA OF CA, LLC ANNUAL STREET SWEEPING 04/23/26 5,500.00 93916 SIERRA AGGREGATE COMPANY INC SNOW REMOVAL EXPENSE - CINDERS 04/23/26 3,397.91 93919 URIEL VILLEGAS PROFESSIONAL SERVICES 04/23/26 3,500.00 93920 VOLVO CONSTRUCTION EQUIPMENT SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 04/23/26 12,499.00 93921 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/23/26 2,148.72 93926 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/30/26 2,163.19 93931 BIG BEAR PAINT CENTER MATERIALS/SUPPLIES 04/30/26 189.72 93938 LUMBER CITY CORP. MATERIALS/SUPPLIES 04/30/26 60.11 93941 GRAINGER INC. MATERIALS/SUPPLIES 04/30/26 40.96
93948 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/30/26 185.86 93949 MUNICIPAL MAINTENANCE EQUIPMENT EQUIPMENT REPAIRS 04/30/26 1,202.71 CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 04/01/2026 - 04/30/2026
93957 VOLVO CONSTRUCTION EQUIPMENT SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 04/30/26 32,347.50 93958 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/30/26 2,087.46 ACH BIG BEAR DISPOSAL INC TRASH ROLL-OFF 04/30/26 950.42 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC CABLE SERVICE 04/16/26 96.26 ACH S PORTER INC SNOW REMOVAL SERVICES 04/09/26 62,755.00 ACH S PORTER INC TREE REMOVAL 04/23/26 3,200.00
ACH UNITED RENTALS INC SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 04/02/26 14,662.62 ACH UNITED RENTALS INC SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 04/09/26 244.54 ACH UNITED RENTALS INC SNOW REMOVAL EXPENSE - EQUIPMENT RENTALS 04/23/26 2,635.83 PW: STREET MAINTENANCE & SNOW REMOVAL TOTAL 618,529.99
VEHICLE MAINTENANCE 4325
93822 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/02/26 6.87 93832 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/02/26 9.93 93833 BBAP, LLC MATERIALS/SUPPLIES 04/02/26 68.29
93857 BBAP, LLC VEHICLE REPAIR PARTS 04/09/26 200.49
93897 GRAINGER INC. MATERIALS/SUPPLIES 04/23/26 144.90
93903 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/23/26 29.04 93909 BBAP, LLC VEHICLE REPAIR PARTS 04/23/26 973.43
93927 BIG BEAR LAKE DWP WATER USAGE 04/30/26 307.21
93930 A PERFORMANCE TOWING INC TOWING SERVICES 04/30/26 525.00 93948 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/30/26 11.61 ACH AUTOZONE INVESTMENT CORPORATION VEHICLE REPAIR PARTS 04/02/26 222.56 ACH AUTOZONE INVESTMENT CORPORATION VEHICLE REPAIR PARTS 04/23/26 165.52 ACH AUTOZONE INVESTMENT CORPORATION VEHICLE REPAIR PARTS 04/30/26 21.99 PW: VEHICLE MAINTENANCE TOTAL 2,686.84
STREET LIGHTING 4330
93925 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 04/30/26 289.44 PW: STREET LIGHTING TOTAL 289.44
PARKING LOTS & FACILITIES 4335
93822 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/02/26 54.34 93830 KELLOGG SUPPLY, INC MATERIALS/SUPPLIES 04/02/26 464.24 93836 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/02/26 1,059.46 93858 ORKIN PEST CONTROL PEST CONTROL SERVICE 04/09/26 127.33 93885 BIG BEAR PAINT CENTER PAINT SUPPLIES 04/23/26 858.94 93887 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/23/26 216.06 93899 INLAND LIGHTING SUPPLIES, INC MATERIALS/SUPPLIES 04/23/26 783.00 93902 LUDECKE'S ELECTRICAL SERVICES, INC. ELECTRICAL SERVICES 04/23/26 299.18 93911 ORKIN PEST CONTROL PEST CONTROL SERVICE 04/23/26 294.83 93917 TWIN BEAR EQUIPMENT RENTAL, INC. EQUIPMENT RENTAL 04/23/26 197.63 93921 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/23/26 2,148.74 93925 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 04/30/26 12,130.91 93927 BIG BEAR LAKE DWP WATER USAGE 04/30/26 421.67
93928 ALL PROTECTION ALARM ALARM MONITORING 04/30/26 251.58 93931 BIG BEAR PAINT CENTER PAINT SUPPLIES 04/30/26 201.29 93958 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/30/26 2,087.48 ACH BIG BEAR DISPOSAL INC PORTABLE RESTROOM RENTALS 04/23/26 127.48 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 04/16/26 240.00 PW: PARKING LOTS & FACILITIES TOTAL 21,964.16
CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 04/01/2026 - 04/30/2026
PLANNING 4410
93866 SAN BERNARDINO COUNTY RECORDER DOCUMENT RECORDING FEES 04/16/26 259.00 93881 CITY OF BIG BEAR LAKE NOTICE OF EXEMPTION FEES 04/23/26 100.00 93892 MELISA CARLC PROFESSIONAL SERVICES 04/23/26 580.00 PLANNING TOTAL 939.00
ECONOMIC DEVELOPMENT & TOURISM MANAGEMENT 4415
93879 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/23/26 364.70 93926 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/30/26 516.58 93944 HINDERLITER DE LAMAS & ASSOC INC. PROFESSIONAL SERVICES 04/30/26 12,075.00 ECONOMIC DEVELOPMENT & TOURISM MANAGEMENT TOTAL 12,956.28 BUILDING & SAFETY 4430
93879 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/23/26 128.35 93922 WILLDAN ENGINEERING INC PROFESSIONAL SERVICES 04/23/26 27,630.00 93926 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/30/26 134.33 BUILDING & SAFETY TOTAL 27,892.68
PAC ADMINSTRATION 4610
93932 BRAVO ARTS SOLUTIONS LLC TICKET PRINTING FEES 04/30/26 47.85
47.85 CITY PARKS & TRAILS 4625
93822 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/02/26 459.76 93830 KELLOGG SUPPLY, INC MATERIALS/SUPPLIES 04/02/26 464.24 93836 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/02/26 1,059.48 93839 BIG BEAR PAINT CENTER PAINT SUPPLIES 04/09/26 325.98 93840 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/09/26 258.13 93846 LUMBER CITY CORP. MATERIALS/SUPPLIES 04/09/26 37.79 93885 BIG BEAR PAINT CENTER PAINT SUPPLIES 04/23/26 1,383.60 93887 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/23/26 1,169.27 93893 LUMBER CITY CORP. MATERIALS/SUPPLIES 04/23/26 32.69 93894 EWING IRRIGATION SUPPLIES 04/23/26 522.43
93897 GRAINGER INC. MATERIALS/SUPPLIES 04/23/26 1,016.28 93910 NATIVESCAPES, INC. LANDSCAPING SERVICE 04/23/26 2,380.00 93921 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/23/26 2,148.73 93925 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 04/30/26 3,851.82 93927 BIG BEAR LAKE DWP WATER USAGE 04/30/26 979.90
93958 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/30/26 2,087.47 ACH BIG BEAR DISPOSAL INC MATERIALS/SUPPLIES 04/23/26 447.75 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 04/16/26 409.99 CITY PARKS & TRAILS TOTAL 19,035.31
GENERAL GOVERNMENT 4800
93825 CINTAS CORPORATION FIRST AID SUPPLIES 04/02/26 443.34 93881 CITY OF BIG BEAR LAKE POSTAGE 04/23/26 0.27
93936 CINTAS CORPORATION FIRST AID SUPPLIES 04/30/26 741.79 93954 QUADIENT LEASING USA, INC MAILING MACHINE LEASE 04/30/26 831.16 GENERAL GOVERNMENT TOTAL 2,016.56
INFORMATION TECHNOLOGY 4810
93828 GOGOV, INC. CITIZEN ENGAGEMENT SOFTWARE 04/02/26 6,280.00
PAC ADMINSTRATION TOTAL
CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 04/01/2026 - 04/30/2026
93860 PROCORE TECHNOLOGIES, INC. PROJECT MANAGEMENT SOFTWARE 04/09/26 14,471.79 93877 TRIDEN GROUP CORPORATION CLOUD MIGRATION SERVICES 04/16/26 12,500.00 93892 MELISA CARLC PROFESSIONAL SERVICES 04/23/26 1,765.00 93895 FISHER INTEGRATED, INC. VIDEO STREAMING 04/23/26 1,200.00 93945 MTS PARTNERS INC TONER 04/30/26 1,213.27
93956 TRIDEN GROUP CORPORATION IT SERVICES/DOMAIN MIGRATION 04/30/26 20,662.85 ACH AVIDEX INDUSTRIES LLC COMPUTER EQUIPMENT 04/30/26 5,718.63 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC HIGH SPEED INTERNET 04/02/26 246.66 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC HIGH SPEED INTERNET 04/16/26 3,101.39 ACH FIRST-CITIZENS BANK & TRUST COMPANY COPIER LEASE MAINTENANCE 04/30/26 205.94 ACH RING CENTRAL COMMUNICATION SERVICES 04/23/26 2,878.17 TECHNOLOGY SERVICES TOTAL 70,243.70
CIVIC CENTER 4820
93830 KELLOGG SUPPLY, INC MATERIALS/SUPPLIES 04/02/26 232.12 93832 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/02/26 13.91 93834 SWEEPSCRUB.COM LLC MATERIALS/SUPPLIES 04/02/26 694.99 93836 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/02/26 1,059.48 93878 CALIFORNIA STATE DEPT. OF INDUSTRIAL RELATIONS ANNUAL ELEVATOR PERMIT 04/23/26 225.00 93879 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/23/26 3,398.84 93886 BIG BEAR WINDOW WASHING WINDOW WASHING SERVICES 04/23/26 2,475.00 93887 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/23/26 46.60 93896 GEIGER SUPPLY, INC. MATERIALS/SUPPLIES 04/23/26 972.99 93903 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/23/26 40.68 93906 MOTIVE ENERGY STORAGE SYSTEMS, LLC SOLAR SYSTEM MAINTENANCE 04/23/26 1,740.00 93912 OTIS ELEVATOR COMPANY ANNUAL ELEVATOR MAINTENANCE 04/23/26 3,801.12 93921 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/23/26 2,148.72 93926 SBCNTY VEHICLE SVCS DEPT FLEET FUEL CHARGES 04/30/26 580.70 93927 BIG BEAR LAKE DWP WATER USAGE 04/30/26 395.79
93936 CINTAS CORPORATION AED LEASE 04/30/26 560.31
93940 GEIGER SUPPLY, INC. MATERIALS/SUPPLIES 04/30/26 435.21 93948 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/30/26 16.26 93950 ORKIN PEST CONTROL PEST CONTROL SERVICE 04/30/26 266.96 93958 WAXIE SANITARY SUPPLY INC. JANITORIAL SUPPLIES 04/30/26 2,087.46 93959 WEST COAST PIPEWORKS BIG BEAR PLUMBING SERVICES 04/30/26 4,144.65 ACH CHARTER COMMUNICATIONS HOLDINGS, LLC SECURITY CAMERA INTERNET SERVICE 04/16/26 119.99 CIVIC CENTER TOTAL 25,456.78
PAC OPERATIONS & MAINTENANCE 4821
93821 BIG BEAR PAINT CENTER PAINT SUPPLIES 04/02/26 360.73 93822 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/02/26 986.21 93840 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/09/26 42.53 93849 GEIGER SUPPLY, INC. MATERIALS/SUPPLIES 04/09/26 629.26 93887 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/23/26 130.30 93896 GEIGER SUPPLY, INC. MATERIALS/SUPPLIES 04/23/26 629.26 93928 ALL PROTECTION ALARM ALARM MONITORING 04/30/26 180.10 93938 LUMBER CITY CORP. MATERIALS/SUPPLIES 04/30/26 63.94 ACH GARY PAYNE THEATRE MAINTENANCE & SUPPORT 04/02/26 220.00 ACH GARY PAYNE THEATRE MAINTENANCE & SUPPORT 04/23/26 825.00 ACH ROSE BRAND WIPERS INC THEATRE DRAPES 04/23/26 13,562.63 ACH WHAT'S UP BIG BEAR THEATRE SUPPORT 04/02/26 90.00
PAC OPERATIONS & MAINTENANCE TOTAL 17,719.96
CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 04/01/2026 - 04/30/2026
SANITATION 250
93820 BAY CITY EQUIPMENT INDUSTRIES INC 04/02/26 2,536.74 93823 BEAR VALLEY ELECTRIC 04/02/26 966.54
93833 BBAP, LLC 04/02/26 433.20
93854 MERRELL JOHNSON ENGINEERING INC 04/09/26 331.50
93870 EXECUCOM 04/16/26 367.50
93879 SBCNTY VEHICLE SVCS DEPT FLEET 04/23/26 1,631.81
93882 BBARWA 04/23/26 2,327,848.90
93887 BUTCHERS BLOCKS & BUILDING MATERIALS 04/23/26 7.33 93890 CALOLYMPIC GLOVE & SAFETY CO 04/23/26 1,339.52
93891 CINTAS CORPORATION 04/23/26 336.69
93893 LUMBER CITY CORP. 04/23/26 13.36
93897 GRAINGER INC. 04/23/26 693.43
93918 UNDERGROUND SERVICE ALERT INC. 04/23/26 238.02
93925 BEAR VALLEY ELECTRIC 04/30/26 8,265.60
93926 SBCNTY VEHICLE SVCS DEPT FLEET 04/30/26 996.20
93927 BIG BEAR LAKE DWP 04/30/26 54.84
93938 LUMBER CITY CORP. 04/30/26 19.52
93943 HAAKER EQUIPMENT CO. INC. 04/30/26 15,424.67
93953 PUMPMAN LLC 04/30/26 8,105.00
ACH ALL4, LLC 04/02/26 2,000.00
ACH AUTOZONE INVESTMENT CORPORATION 04/02/26 118.33
ACH BIG BEAR DISPOSAL INC 04/30/26 950.42
SANITATION TOTAL 2,372,679.12
PROPERTY LEASE GENERAL OPERATIONS 255
93900 NORMAN OR LINDA LAPIDUS 04/23/26 5,000.00
93927 BIG BEAR LAKE DWP 04/30/26 219.36
93946 LUDECKE'S ELECTRICAL SERVICES, INC.
EQUIPMENT MAINTENANCE
ELECTRICITY USAGE
MATERIALS/SUPPLIES
PROFESSIONAL SERVICES
AFTER-HOURS CALL SERVICE
FUEL CHARGES
SEMI-ANNUAL SEWER CHARGES
MATERIALS/SUPPLIES
STAFF UNIFORMS
FIRST AID SUPPLIES
MATERIALS/SUPPLIES
SAFETY SUPPLIES
UNDERGROUND DIG ALERT SERVICES
ELECTRICITY USAGE
FUEL CHARGES
WATER USAGE
MATERIALS/SUPPLIES
EQUIPMENT REPAIRS
EQUIPMENT REPAIRS
PROFESSIONAL SERVICES
MATERIALS/SUPPLIES
TRASH ROLL-OFF
LEASE FINALIZATION
WATER USAGE
ELECTRICAL SERVICES 04/30/26 2,846.25
PROPERTY LEASE GENERAL OPERATIONS TOTAL 8,065.61
VILLAGE STREETSCAPE MAINTENANCE 291
93822 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/02/26 81.82 93830 KELLOGG SUPPLY, INC MATERIALS/SUPPLIES 04/02/26 3,481.78 93846 LUMBER CITY CORP. MATERIALS/SUPPLIES 04/09/26 250.96 93859 PETER CRAWFORD PLUMBING HEATED SIDE WALK REPAIR SERVICES 04/09/26 2,450.00 93887 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/23/26 21.88 93898 GLENN M SLUSSER VILLAGE SIGN DRAWING 04/23/26 1,000.00 93925 BEAR VALLEY ELECTRIC ELECTRICITY USAGE 04/30/26 1,823.85 93927 BIG BEAR LAKE DWP WATER USAGE 04/30/26 141.22
ACH BIG BEAR DISPOSAL INC VILLAGE LITTER CONTAINERS 04/23/26 2,686.15 ACH UNITED RENTALS INC EQUIPMENT RENTALS 04/09/26 6,208.42 ACH UNITED RENTALS INC EQUIPMENT RENTALS 04/23/26 157.26 VILLAGE STREETSCAPE MAINTENANCE TOTAL 18,303.34
CAPITAL PROJECTS 321
93831 LOR GEOTECHNICAL GROUP, INC. RATHBUN CREEK RESTROOM PROJECT 04/02/26 7,000.00 93854 MERRELL JOHNSON ENGINEERING INC BEAVER LANE LAND IMPROVEMENTS 04/09/26 606.00 93863 SCMF URBAN CONSERVATION CORP CA 4 ALL YOUTH WORKFORCE PROJECT 04/09/26 247,985.71 93873 MERRELL JOHNSON ENGINEERING INC RATHBUN CREEK RESTROOM PROJECT 04/16/26 3,143.25 93876 SANCON TECHNOLOGIES, INC. SANITATION INFRASTRUCTURE - RETENTION RELEASED 04/16/26 19,972.45 CHECK # VENDOR NAME TRANSACTION DATE AMOUNT
CITY OF BIG BEAR LAKE
EXPENDITURE BY DEPARTMENT
CHECKS ISSUED 04/01/2026 - 04/30/2026
93947 MINTIER HARNISH, LP GENERAL PLAN AMENDMENT PROJECT 04/30/26 45,419.00 93955 SWA GROUP INC. BEAVER LANE LAND IMPROVEMENTS 04/30/26 18,000.00 ACH S PORTER INC CIVIC CENTER REPAIRS 04/30/26 21,430.00 CAPITAL PROJECTS TOTAL 363,556.41
REFUSE 550
93819 SAN BERNARDINO COUNTY SOLID WASTE MGMT DIVISION SOLID WASTE COLLECTION 04/02/26 9,683.20 93822 BUTCHERS BLOCKS & BUILDING MATERIALS MATERIALS/SUPPLIES 04/02/26 4.78 93832 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/02/26 15.89 93854 MERRELL JOHNSON ENGINEERING INC PROFESSIONAL SERVICES 04/09/26 331.50 93872 LYNN MERRILL AND ASSOCIATES, INC. PROFESSIONAL SERVICES 04/16/26 247.42 93874 MOJAVE DESERT & MOUNTAIN JPA MEMBERSHIP CONTRIBUTIONS 04/16/26 4,146.00 93880 SAN BERNARDINO COUNTY SOLID WASTE MGMT DIVISION SOLID WASTE COLLECTION 04/23/26 233.95 93892 MELISA CARLC PROFESSIONAL SERVICES 04/23/26 290.00 93903 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/23/26 46.49 93948 MISSION LINEN SUPPLY INC. UNIFORM LAUNDRY SERVICE 04/30/26 18.59 ACH BIG BEAR DISPOSAL INC RESIDENTIAL CURB/BIN SERVICE - APRIL 04/23/26 312,271.09 REFUSE TOTAL 327,288.91
4,536,857.01
DISTRIBUTION OF TREASURY CASH Rate Amount % of Total
Demand Account $ 2,026,474 6.96%
Imprest Cash - Payroll $ 11,586 0.04%
Imprest Cash $ 1,625 0.01%
Dental Self Insured Checking $ 178,667 0.61%
Local Agency Investment Fund (LAIF) 3.826% $ 26,913,751 92.39% Total Cash In Treasury: $ 29,132,104 100.00%
INVESTMENT ACTIVITY Days Deposits Withdrawals
LAIF Average Life (Days) of Portfolio 244
LAIF Transactions $0 -$1,800,000
Interest Received in Fiscal Year 2025-26 $943,826
DISTRIBUTION OF CASH BY FUND March 2026 February 2026 Change General $ 17,120,119 $ 16,897,629 $ 222,491
Sanitation $ 4,520,862 $ 4,223,600 $ 297,262
Capital Improvement $ 6,880,505 $ 6,863,421 $ 17,084
Refuse $ 1,235,116 $ 1,594,384 $ (359,268)
Trust $ 622,302 $ 654,057 $ (31,755)
Successor Agency $ 229,561 $ 229,561 $ -
AB 3229 Supp Law Enforce $ 467,127 $ 467,127 $ -
Fire Protection District $ (1,943,488) $ (554,742) $ (1,388,746) Total Cash in Treasury: $ 29,132,104 $ 30,375,037 $ (1,242,932) CASH WITH FISCAL AGENT - RESERVE FUNDS Cost Basis Market Value Current Yield 1999 IA Tax Allocation Bonds $ 289,288 $ 289,288 3.55%
- 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
March, 2026
Regular Meeting Minutes – April 8, 2026
A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Putz at 4:18 p.m., Wednesday, April 8, 2026, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Led by Troop 49/Pack 49 Member Aaron DeHaan Invocation: Led by Troop 49/Pack 49 Member Rainie Corral 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 4:24 p.m., Mayor Putz called for a recess to Closed Session.
At the hour of 5:21 p.m., Mayor Putz resumed Open Session.
RESULTS OF CLOSED SESSION
City Attorney HongDao Nguyen, announced that the City Council discussed the following items in Closed Session and stated that no reportable action was taken by the City Council.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Gove Code Section 54956.8
Property: 630 Bartlett Road, APN: 0308-166-57
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
Item 1.2
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April 8, 2026
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 Government Code Section 54956.9 (d)(3)
One (1) Case
PRESENTATIONS
• New Employee Introductions:
o Management Analyst Thom DeGriselles
o Management Analyst Melissa Burrola
• A 15-year Employee Service Award was presented to Community Development Manager Andrew Mellon. • There was a presentation of a Proclamation recognizing April 2026 as Arts, Culture & Creativity Month. • A presentation was made by Director of Finance Dena Heald & Engineering Manager Miguel Cabanas providing the City’s Mid-Year Financial & Capital Project Update (July – December 2025).
OPEN SESSION PUBLIC COMMUNICATIONS
Kyle Biethan, Big Bear Lake resident, requested the City Council take a stance against the U.S.
Immigration and Customs Enforcement efforts within Big Bear Lake.
Amber C., Big Bear resident, expressed concern about a recent U.S. Immigration and Customs Enforcement action that occurred in the local community.
Jordan Lowe, Big Bear resident, stated their opinion that the City Council has an obligation to take a stance against local U.S. Immigration and Customs Enforcement efforts.
Juli Goss, Southern CA Mountains Foundation representative, expressed their agency’s support of Consent Calendar Item 1.12, which would allow the City to accept grant funding for the CA Youth Service Corp Program on behalf of the Southern CA Mountains Foundation.
Pat Foley, Fawnskin resident, provided a statement in opposition of recent U.S. Immigration and Customs Enforcement actions throughout the United States and locally.
Dr. Don Wilson, Big Bear resident, expressed his thoughts and opinions about local U.S. Immigration and Customs Enforcement actions.
Dan Gulbranson, Big Bear Lake resident, stated his support of recent U.S. Immigration and Customs Enforcement efforts.
Meeting Minutes
April 8, 2026
Jim Lona, Big Bear City resident, provided information regarding local Veterans services and upcoming events.
Will Logan, Big Bear YMCA Camp Director, expressed interest in the YMCA organization establishing public partnerships throughout the Big Bear Lake community.
Adriana Gonzalez, Big Bear Lake resident, shared that her father was recently detained by U.S.
Immigration and Customs Enforcement agents and requested the City Council’s support.
1. CONSENT CALENDAR
A motion was made by Councilmember Hicks, seconded by Mayor Pro Tem Segovia to pull Item 1.10 from the Consent Calendar for further discussion.
Said motion was approved by the following vote:
AYES: Hicks, Melnick, Segovia, Herrick, Putz
NOES: None
ABSTAIN: None
ABSENT: None
A motion was made by Mayor Putz, seconded by Councilmember Hicks to pull Item 1.11 from the Consent Calendar for further discussion.
Said motion was approved by the following vote:
AYES: Melnick, Herrick, Segovia, Hicks, Putz
NOES: None
ABSTAIN: None
ABSENT: None
A motion was made by Councilmember Melnick, seconded by Councilmember Herrick to approve the balance of the Consent Calendar as follows:
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 Approved
1.2 APPROVE MEETING MINUTES FROM THE FEBRUARY 3, 2026 SPECIAL
MEETING OF CITY COUNCIL
Approved
1.3 APPROVE MEETING MINUTES FROM THE MARCH 10, 2026 SPECIAL JOINT
MEETING OF CITY COUNCIL AND PLANNING COMMISSION
Approved
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April 8, 2026
1.4 APPROVE MEETING MINUTES FROM THE MARCH 11, 2026 REGULAR MEETING
OF CITY COUNCIL
Approved
1.5 AUTHORIZE BID SOLICITATIONS FOR UPCOMING CAPITAL IMPROVEMENT
PROJECTS AND AUTHORIZE REQUEST FOR PROPOSALS FOR ENGINEERING
STUDIES
Approved
1.6 AUTHORIZE AN AGREEMENT WITH CMAX COMMERCIAL MAINTENANCE
FOR CITYWIDE STREET SWEEPING SERVICES
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2026-08
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
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2026-09
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
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2026-10
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 Approved and adopted the following resolution entitled:
RESOLUTION NO. 2026-11
RESOLUTION AWARDING A CONTRACT TO NEW GENERATION
LANDSCAPE MANAGEMENT INC. FOR THE ANNUAL PLANTING
OF VILLAGE FLOWERS, IN THE AMOUNT OF $41,500
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April 8, 2026
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
This item was pulled from the Consent Calendar.
1.11 INITIATION OF PROPOSITION 218 PROCEEDINGS TO CONSIDER PROPOSED
ADJUSTMENTS TO SOLID WASTE AND COLLECTION RATES
This item was pulled from the Consent Calendar.
1.12 AUTHORIZE THE CITY TO ACCEPT GRANT FUNDING FOR THE CALIFORNIA
YOUTH SERVICE CORP PROGRAM ON BEHALF OF THE SOUTHERN
CALIFONIA MOUNTAINS FOUNDATION
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2026-15
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
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2026-16
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
The Consent Calendar, excluding Items 1.10 and 1.11, was approved by the following vote:
AYES: Segovia, Herrick, Melnick, Hicks, Putz
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
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April 8, 2026
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
This item was pulled from the Consent Calendar by Councilmember Hicks, seconded by Councilmember Segovia, for further discussion.
Following City Council’s questions and comments, a motion was made by Mayor Pro Tem Segovia and seconded by Councilmember Melnick, to approve the staff recommendation and adopt the following resolutions entitled:
RESOLUTION NO. 2026-12
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
RESOLUTION NO. 2026-013
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 MAINTENACE DISTRICT NO. 1-92 (VILLAGE STREETSCAPE
IMPROVEMENTS) FOR SUCH FISCAL YEAR, AND TAKING
OTHER ACTIONS THERETO
Said motion was approved by the following vote:
AYES: Segovia, Melnick, Herrick, Putz
NOES: Hicks
ABSTAIN: None
ABSENT: None
1.11 INITIATION OF PROPOSITION 218 PROCEEDINGS TO CONSIDER PROPOSED
ADJUSTMENTS TO SOLID WASTE AND COLLECTION RATES
This item was pulled from the Consent Calendar by Mayor Putz, seconded by Councilmember Hicks, for further discussion.
At the hour of 6:30 p.m., Mayor Putz recused himself from the meeting, due to a conflict of interest with Item 1.11, based on the Levine Act.
Following City Council’s questions and comments, a motion was made by Councilmember Melnick and seconded by Councilmember Herrick, to approve the staff recommendation and adopt the following resolution entitled:
Meeting Minutes
April 8, 2026
RESOLUTION NO. 2026-14
RESOLUTION AUTHORIZING THE INITIATION OF PROPOSITION 218
PROCEEDINGS TO CONSIDER PROPOSED ADJUSTMNETS TO SOLID
WASTE COLLECTION RATES
Said motion was approved by the following vote:
AYES: Herrick, Melnick, Hicks, Segovia
NOES: None
ABSTAIN: Putz
ABSENT: None
At the hour of 6:40 p.m., Mayor Putz returned to the meeting.
2. PUBLIC HEARING ITEM
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
Acting Director of Community & Economic Development Kelly Tinker and Administrative Services Manager Rachel Bowman made the staff presentation for this Item, which included a reading of the Ordinance title.
At 6:50 p.m., following the presentation and City Council questions, Mayor Putz invited up speakers who wanted to speak on this item. The following individuals approached the City Council:
Daniel Gulbranson, Big Bear Lake resident, expressed his dissatisfaction with the proposed revisions to the ordinance.
Dionne Olsen, Big Bear resident, asked a question about the City’s monthly vacation rental citation report.
At the hour of 6:55 p.m., Mayor Putz closed the Public Hearing.
Following the Public Hearing and further City Council discussion, a motion was made by Councilmember Hicks, seconded by Mayor Pro Tem Segovia, to strikeout the verbiage “and an affirmative three votes of the council shall be necessary to sustain the revocation” from section
5.02.190, subdivision (D), and strikeout "Beginning January 1, 2022" from section 4.01.050, subdivision (B) of the proposed ordinance update; and approve staff’s recommendation to read the title, waive further reading and introduce an ordinance entitled:
Meeting Minutes
April 8, 2026
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)
Said motion was approved by the following vote:
AYES: Melnick, Herrick, Hicks, Segovia, Putz
NOES: None
ABSTAIN: None
ABSENT: None
3. DISCUSSION/ACTION ITEMS
3.1 APPROVE THE EXPENDITURE PLAN FOR CONTINUATION OF MEASURE I
FUNDING
Assistant City Manager Sean Sullivan made the 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 individual approached the City Council:
Daniel Gulbranson, Big Bear Lake resident, expressed his frustration with the State of California.
After Public Comment and further City Council discussion, a motion was made by Councilmember Melnick, seconded by Councilmember Herrick, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2026-17
RESOLUTION OF THE CITY OF BIG BEAR LAKE, STATE OF CALIFORNIA,
APPROVING THE EXPENDITURE PLAN FOR THE EXPENDITURE OF
REVENUES IN SAN BERNARIDNO COUNTY EXPECTED TO BE DERIVED
FROM THE PROPOSED CONTINUATION OF MEASURE I
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April 8, 2026
Said motion was approved by the following vote:
AYES: Herrick, Segovia, Melnick, Putz
NOES: Hicks
ABSTAIN: None
ABSENT: None
3.2 REAL PROPERTY TRANSACTION – RELATING TO 630 BARTLETT ROAD AND 40729 BEAVER LANE
Acting Director of Community & Economic Development Kelly Tinker made the 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 individual approached the City Council:
Daniel Gulbranson, Big Bear Lake resident, stated he doesn’t support the City’s property purchases.
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. 2026-18
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 Said motion was approved by the following vote:
AYES: Melnick, Segovia, Herrick, Hicks, Putz
NOES: None
ABSTAIN: None
EXCUSED: None
4. COMMENTS, ANNOUNCEMENTS, & ADDITIONAL CITY BUSINESS
• CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Assistant City Manager / City Clerk Stephenson provided a brief overview of some tentative items that will be presented at upcoming public meetings.
• COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Melnick announced that she won’t be attending the May 13 City Council Meeting; and took the opportunity to welcome Jackie and Shadow’s new eaglets.
Meeting Minutes
April 8, 2026
Councilmember Herrick provided a BBARWA Replenish Big Bear project update and indicated there will be an upcoming BBARWA workshop.
Mayor Pro Tem Segovia announced that the BBARWA workshop will be held on April 27; shared that she attended a Mountain Transit meeting, a local meeting with County Supervisor Dawn Rowe and, a Mayor/Mayor Pro Tem meeting in Adelanto.
Mayor Putz shared that he attended a Cal Cities Environmental Quality Policy Committee Meeting; he further announced that he participated in a call with the U.S. Forest Service; he also made a request for the City Attorney to provide a Brown Act briefing as it relates to Councilmember’s comments during a public meeting, and to agendize an item to consider the City’s roles and responsibilities related to local U.S. Immigration and Customs Enforcement efforts.
ADJOURNMENT
There being no further business to come before the City Council at this Regular Meeting, Mayor Putz adjourned the meeting at 7:47 p.m.
_______________________
Erica Stephenson, City Clerk
MEETING
DATE: May 13, 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: Adopt an Ordinance Amending the City’s Regulations Related to Transient Occupancy Tax, Business Licenses, General Penalties, Administrative Citations and Hearings, Public Nuisances, and Vacations Rentals to Implement Senate Bill 346 and Support Transient Occupancy Tax Compliance
BACKGROUND & DISCUSSION
On April 8, 2026, the City Council conducted a noticed Public Hearing for the introduction and first reading of an ordinance proposing a series of amendments across multiple Titles of the Municipal Code (Titles 1, 3, 4, 5, and 8). These amendments were guided by two specific policy objectives: the implementation of Senate Bill 346 (SB 346) and strengthening the City’s ability to enforce TOT collection.
The Ordinance, as proposed, would amend 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.
The City Council conducted the public hearing, introduced the ordinance, read the title, and waived further reading of the attached Ordinance 2026-xxx. City Council approved staff’s recommendation related to the introduction and first reading, and staff received two recommendations from the City Council to strike-out “and an affirmative three votes of the council shall be necessary to sustain the revocation” from Section 5.02.190, subdivision (D), and to strike out “Beginning January 1, 2022,” from Section 4.01.050, subdivision (B), both of which have been incorporated to the updated Ordinance being presented this evening for its second reading and adoption. Upon City Council approval, this Ordinance would become effective thirty (30) days from the date of adoption.
FISCAL IMPACT
There are no fiscal impacts associated with the adoption of the recommended Ordinance.
Item 1.3
ENVIRONMENTAL CONSIDERATION
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 adopt 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. Exhibit A - Redline Version
3. City Council Agenda Report from April 8, 2026 (without attachments) 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 a 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 1.3
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.
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. 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;
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
$500.00 $1,000.00 $1,500.00
Code
Section Violation 1st 2nd 3rd+
Fire Authority
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
Code
Section Violation 1st 2nd 3rd+
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 1.3
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 revocation.
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.
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 1.3
Attachment 3
- 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
MEETING
DATE: May 13, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Nicholas Haecker, Deputy Public Works Director
SUBJECT: Authorize a Professional Services Agreement for the 2026 Tour de Big Bear Event Traffic Control Services
BACKGROUND & DISCUSSION
The Tour de Big Bear is an annual bicycle ride event that is held the first weekend in August and draws more than 2,000 participating cyclists in addition to spectators and other visitors. For 2026, the Tour de Big Bear is scheduled for Saturday, August 1. Historically, the Tour de Big Bear was managed as a City Signature event, through which the City would support the event through inkind services and costs valued at approximately $50,000 annually. Beginning in 2025, the City Council directed staff to reduce City support of the event by 25% to a maximum of $37,500. The City Council further directed staff to work with Visit Big Bear to transition the costs and efforts of future Tour de Big Bear events from the City to Visit Big Bear.
For the 2026 Tour de Big Bear, Visit Big Bear will manage the costs previously borne by the City, for event elements including traffic control and additional law enforcement services. City staff will continue to procure and coordinate the services of a traffic control provider and the additional law enforcement, which will be reimbursed to the City by Visit Big Bear. As such, staff is seeking approval of an agreement with Traffic Safety and Signs, Inc. DBA AWP Safety (AWP Safety) for traffic control services for the 2026 Tour de Big Bear.
In 2023, staff solicited proposals for a third-party traffic control provider to take on the preparation and implementation of the traffic control for Tour de Big Bear, which has historically been the most significant burden on City resources related to this event. As a result of that RFP, AWP Safety was the selected proposer and they were contracted to provide traffic control for the 2023 event. Based upon the benefits recognized by utilizing a contractor to provide traffic control services, and the satisfactory performance of AWP Safety, they were again contracted in 2024 and 2025. AWP Safety’s team has developed a strong understanding of the event needs and a strong working relationship with City staff and event organizers. As such, AWP Safety has provided a proposal to furnish these services for 2026 at a cost of $45,427, an increase of 4% over the cost for 2025. Additionally, staff proposes a contingency amount of $4,500 (approximately 10%) to be established to accommodate any changes that may need to be made to the traffic control deployment, as required by Caltrans of the event organizers.
Item 1.4
The scope of work for AWP Safety includes working closely with City staff and the Tour de Big Bear organizers to finalize the course route and plan for the event. The contractor provides all labor, materials/signage, and equipment to implement the traffic control plan for the event. AWP Safety will provide all staff and deployment for the day of the event and the clean-up of traffic control devices after the event. Limited City staff will participate in the plan development, coordination of permitting from Caltrans, and oversee the execution. In addition to overseeing the traffic control contract and implementation, City staff will coordinate the necessary permits from Caltrans, which are required as the event takes place on multiple State highways.
In addition to coordinating the traffic control and Caltrans permitting, City staff will also coordinate the law enforcement resources to implement this event. The nature of this event requires the usage of overtime from the San Bernardino County Sheriff’s Department as well as the contracting with the California Highway Patrol (CHP). City staff will execute the agreement with CHP and schedule the Sheriff’s Department resources. The law enforcement costs associated with the 2025 Tour de Big Bear were approximately $9,000. It is anticipated that the costs for 2026 will be slightly increased due to inflationary cost adjustments.
Visit Big Bear has committed to reimbursing the City for the costs incurred related to the execution of Tour de Big Bear. Additionally, City staff and Visit Big Bear staff will work closely together through this process to find additional opportunities for Visit Big Bear to take on additional efforts related to the production of this event.
FISCAL IMPACT
As Visit Big Bear will be reimbursing the City for these services, there is no fiscal impact associated with this action. City staff will coordinate with Visit Big Bear to ensure that the necessary funds are received prior to issuing payment to AWP Safety.
ENVIRONMENTAL CONSIDERATIONS
Under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, this is not project, and, therefore, no environmental review is required.
CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with the City Council’s Strategic Priority No. 5 to “preserve and protect the quality of life for residents and the businesses”.
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Authorizing a Professional Services Agreement with Statewide Traffic Safety and Signs, Inc. DBA AWP Safety for Traffic Control Services in Support of the 2026 Tour de Big Bear Event, in an Amount Not to Exceed $49,927.
ATTACHMENTS
1. Resolution No. 2026-XX
2. Proposal from Statewide Traffic Safety and Signs, Inc. DBA AWP Safety RESOLUTION NO. 2026-XX
RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES
AGREEMENT WITH STATEWIDE TRAFFIC SAFETY AND
SIGNS, INC. DBA AWP SAFETY FOR TRAFFIC CONTROL
SERVICES IN SUPPORT OF THE 2026 TOUR DE BIG BEAR
EVENT, IN AN AMOUNT NOT TO EXCEED $49,927
WHEREAS, The Tour de Big Bear is an annual bicycle ride event that is held the first weekend in August and draws more than 2,000 participating cyclists in addition to spectators and other visitors; and,
WHEREAS, historically, the Tour de Big bear was managed as a City Signature event, meaning that the City would support the event through in-kind services and costs of approximately $50,000 annually; however, beginning in 2025, the City Council directed staff to reduce the City’s burden for that year’s event by approximately 25% and to work with Visit Big Bear to take on the cost burden associated with future events; and,
WHEREAS, City staff and Visit Big Bear coordinated and developed an agreement whereby the City would continue to coordinate the necessary services, such as traffic control and law enforcement agreements, and that Visit Big Bear would reimburse the City for the costs related to supporting Tour de Big Bear beginning in 2026; and,
WHEREAS, beginning in 2023, City staff solicited proposals for third-party traffic control contractors to provide the preparation and implementation of the traffic control program in support of Tour de Big Bear and Traffic Safety and Signs, Inc. DBA AWP Safety was the selected vendor in 2023 and they were subsequently contracted to provide traffic control services again in 2024 and 2025; and,
WHEREAS, based upon the demonstrated benefit of this model, AWP Safety has submitted a new proposal for the 2026 event in the amount of $45,427, an increase of 4% from the prior event; and,
WHEREAS, staff is recommending the authorization of a contingency fund of $4,500 (approximately 10%) to cover the cost of any changes that may need to be made to the deployment based upon direction from Caltrans or the event organizer, establishing a total not to exceed cost of $49,927; and,
WHEREAS, Visit Big Bear has agreed to take on the financial support of the Tour de Big Bear, consistent with the City’s prior levels of approximately $50,000 per event, and Visit Big Bear has committed to reimburse the City for this cost and any other event related costs that are incurred by the City related to the 2026 Tour de Big Bear; and,
WHEREAS, this action is not subject to review pursuant to the California Environmental Quality Act (CEQA) as under section 15378, this is not a project.
Item 1.4
Attachment 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1. A Professional Services Agreement is approved with Statewide Traffic Safety & Signs, Inc. DBA AWP Safety for traffic control services in support of the 2026 Tour de Big Bear event, in an amount not to exceed $49,927, inclusive of a contingency amount of $4,500, and the City Manager is authorized to execute the contract in a form approved by the City Attorney.
2. The costs associated with this Agreement will be reimbursed by Visit Big Bear.
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 ) 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 13th day of May, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
Statewide - Riverside
PROPOSAL:139557
BID DATE: 03/24/26
EST
ESTIMATING DEPARTMENT
PROJECT:
2026 TOUR DE BIG BEAR
CLIENT:
BIG BEAR LAKE, CA
Kevin Hansen
Proposal/Quote
ITEM # DESCRIPTION QUANTITY PRICE AMOUNT
2225 Kansas Ave
Riverside, CA 92507-2651
Fax (888) 527-1728
Ph (951) 213-3708
License # 975518 CONTRACT INFO
2026 TOUR DE BIG BEAR
ESTIMATOR
Proposal General Notes:
THIS PROPOSAL AND ATTACHED PROVISIONS MUST BECOME A BINDING PART OF ANY SUBCONTRACT. 001 TRAFFIC CONTROL SYSTEM 1 LS 45427.00/LS 45,427.00
Traffic control placement and removal, as well as placement of route signage (provided by Big Bear Cycling Association), and markings for the Tour de Big Bear cycling event on Saturday, August 1st, 2026.
Traffic Control Crews, Traffic Trucks to execute the Traffic Control Services as outlined by City of Big Bear Lake.
Traffic Closures, Passing Lane Closure, and Lane Shifts P.C.M.S. (5 total)
TYBE II BARRICADES (107 total)
TYPE 3 BARRICADES (38 total)
INCLUSIONS:
SPECIFICATIONS:
PROPOSAL PROVISIONS - TC
- A signed contract and 15 working days notice must be given prior to any move in. This quote shall remain valid for 30 days from date of actual bid opening, unless otherwise agreed upon. PAYMENT TERMS ARE- 100%, NET 30 unless otherwise agreed upon.
- Unless stated otherwise, all permits and associated fees are excluded from Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY's pricing.
- Lump sum items are based on "working days" listed in the Special Provisions or working days bid for this project. Additional compensation (standard rental rates) will be applied if working days are exceeded. - Standards for 5 day work shift must be established IN WRITING prior to Statewide Traffic Safety and Signs, Inc. starting work. - Rental equipment furnished and installed by Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY may not be moved by anyone other than Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY without prior approval. - Traffic Control not included in installation, removal, or repair of any item. Stand-by time charged at $225.00/hr. -Portable equipment will be delivered and picked up from one location. Contractor to maintain. Contractor is liable for loss and or damaged equipment. Barricades do not include flashing lights or sign panels unless otherwise noted. - Contractor is liable for lost or damaged equipment removed or relocated by Contractor's forces. - Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY does not accept charges or back charges of any kind unless agreed to in writing prior to work beginning.
- Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY shall fully indemnify Contractor for any liability arising out of Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY work or products, but only to the extent of Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY liability and not that of anyone else. Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY maintains insurance coverage for their work hereunder, including $2,000,000.00 Products- Comp/OP Agg and a 10/93 Additional Insured Endorsement.
- If there are any issues or concerns regarding Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY products or work, SPECIFICATIONS:
Item 1.4
Attachment 2
Proposal/Quote Page 2
139557 03/24/26
ITEM # DESCRIPTION QUANTITY PRICE AMOUNT
CONTRACT INFO
2026 TOUR DE BIG BEAR
Contractor shall promptly notify and give Statewide Traffic Safety and Signs, Inc. dba AWP SAFETY first opportunity to correct any such problems.
- All change order work must be approved by agency / owner prior to work being performed by Statewide Traffic Safety and Signs , Inc. dba AWP SAFETY.
- Acceptance of this quote is acceptance of these provisions, which shall prevail if in conflict with any other documents. - No retention is to be held for Traffic Control and Equipment Rental. - Traffic control pricing rates exclude any "Traffic Control Technician / Supervisor" on site.
TOTAL BID: $45,427.00
Print:
Signed:
Dated:
Title:
MEETING
DATE: May 13, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Kelly Tinker, Acting Community & Economic Development Director SUBJECT: Authorize Extending Existing On-Call Consulting Services Agreements and Authorize New On-Call Consulting Services Agreements
BACKGROUND & DISCUSSION
The work of the Community Development and Public Works Departments are routinely supported through the efforts of on-call consultants. The City maintains agreements with multiple firms that work in a number of disciplines on an on-call basis, meaning that they have an active agreement with the City to provide these services to ease the administrative burden when these services are needed. An on-call agreement does not provide any retainers nor guarantee of work from the City but maintains an open agreement with current insurance so that these firms can be engaged easily when they are needed. Some of the services and support provided by these on-call firms include building plan check and permitting support, engineering support such as plan review and project design, traffic engineering and environmental services.
In June 2022, the City Council approved on-call agreements with twenty (20) firms providing services in the areas of Planning and Architecture, Environmental Review, Geographic Information Systems (GIS), Engineering, and Building & Safety. These agreements were approved with a three-year term, through June 30, 2025, and include the options for two (2) additional 1- year extensions. Given the benefit provided to the City from these firms, the City Council exercised the first of two extensions in July 2025 through June 30, 2026. As the extension period is coming near, staff is seeking to authorize amendments to these agreements for one (1) additional year, through June 30, 2027. The firms with whom the extensions would be executed include:
Planning and Architectural Services
• Interwest Consulting Group
• Kimley-Horn and Associates, Inc.
• MIG
• Willdan Engineering
Environmental Review Services
• CRM Tech
• EMC Planning Group
• Geovironment Consulting
Item 1.5
• Jennings Environmental
• Kimley-Horn and Associates, Inc.
• Lilburn Corporation
• Meridian Consulting
• MIG
• Tom Dodson Associates
• UltraSystems
Geographic Information Services
• Bucknam Infrastructure Group
• Compass Rose GIS
• Northline GIS
• Willdan Engineering
Engineering Services
• Engineering Resources of Southern California
• Gibson Transportation
• Hilltop Geotechnical
• Interwest Consulting Group
• Kimley-Horn and Associates, Inc.
• Koury Engineering
• LOR Geotechnical Group, Inc.
• Lynn Merrill Associates
• Merrell-Johnson Companies
• Transtech Engineers
• Willdan Engineering
Building and Inspection Services
• Interwest Consulting Group
• Transtech Engineers
• Willdan Engineering
Stormwater Engineering Services
• CG Resource Management and Engineering
Land Surveying Services
• Vanlen Consultants
Staff has engaged with most of these firms under the existing on-call agreements and has been satisfied with the quality of work and the responsiveness of the firms. Staff has contacted the representatives from each of these firms and they are willing to execute contract extensions and maintain their working relationship with the City of Big Bear Lake. The ongoing use of these oncall firms is critical to the City for service delivery and project development.
In the four (4) years that have elapsed since the execution of these on-call agreements, staff has also engaged with other firms that are not on the on-call list. These firms may have been subconsultants on projects or have been retained through other RFP processes in the time since.
There are two (2) additional firms that the City desires to execute on-call agreements to expand and bolster the resources that are available to the City and these firms all meet the same qualifications and experiential requirements of the initial firms that were engaged by the City. The additional firms are:
• SWA Group – Landscape Architecture and Design Services • BKF Engineers – General Engineering Services
Staff is proposing on-call agreements with the above referenced firms with terms and conditions that are similar to those of the existing on-call firms. These new agreements would be for the period through June 30, 2027. Staff anticipates undertaking a new solicitation for On-Call Services in early 2027 in order to coincide with the expiration of these agreements in June 2027.
FISCAL IMPACT
Appropriations for as needed consultant services from the On-Call Consultant List are available in the adopted Fiscal Year 2025-26 and proposed Fiscal Year 2026-27 Budget. In the case of some needed services, such as third-party review, these would be funded by the project proponent/developer. The approval of these agreements does not guarantee any work or related expenses to the consultants. As such, fiscal impacts resulting from the extension or initiation of such agreements are not anticipated.
ENVIRONMENTAL CONSIDERATIONS
Under Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, no environmental review is required.
CONSIDERATION OF STRATEGIC PRIORITIES
This item 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. 5 to “ Preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.”
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Extending Existing On-Call Consulting Services Agreements and Authorizing New On-Call Consulting Services Agreements to Provide Planning and Architectural, Environmental Review, Geographic Information Systems, Engineering, Stormwater Engineering, Traffic Engineering, Land Surveying, and Building & Safety Services.
ATTACHMENT
1. Resolution 2026-XX
RESOLUTION NO. 2026-XX
RESOLUTION EXTENDING EXISTING ON-CALL CONSULTING SERVICES
AGREEMENTS AND AUTHORIZING NEW ON-CALL CONSULTING SERVICES
AGREEMENTS TO PROVIDE PLANNING AND ARCHITECTURAL,
ENVIRONMENTAL REVIEW, GEOGRAPHIC INFORMATION SYSTEMS,
ENGINEERING, STORMWATER ENGINEERING, TRAFFIC ENGINEERING, LAND
SURVEYING, AND BUILDING & SAFETY SERVICES
WHEREAS, the Community Development and Public Works Departments rely on the support of consultant services to provide for service delivery, project development, and departmental support; and,
WHEREAS, in 2022, City staff conducted a Request for Qualifications (RFQ) process to identify qualified firms that were interested in providing an array of technical services to the City of Big Bear Lake; and,
WHEREAS, this RFQ process identified firms capable of providing services in the areas of Planning and Architectural, Environmental Review, Geographic Information Systems (GIS), Engineering, Stormwater Engineering, Traffic Engineering, Land Surveying, and Building & Safety services; and,
WHEREAS, on June 6, 2022, the City Council authorized the execution of on-call consulting services agreements with twenty-five (25) firms providing services in the identified disciplines for the period through June 30, 2026; and,
WHEREAS, the on-call consulting services agreements do not guarantee any work or payment to the identified firms but allow for staff to select firms from the on-call consulting services list to provide for support and assistance with a number of City services to the benefit of staff and the community; and,
WHEREAS, based upon the benefits and success derived from these on-call agreements, staff desires to extend the term of the existing on-call consulting services agreements for an additional year, as allowed for in the RFQ documents and the action awarding the initial agreements, through the period ending June 30, 2027; and,
WHEREAS, the firms whose existing agreements that shall be extended include:
CG Resource Management and Engineering
Compass Rose GIS
CRM Tech
Bucknam Infrastructure Group
Engineering Resources of Southern California
EMC Planning Group
Geovironment Consulting
Gibson Transportation Consulting
Hilltop Geotechnical
Interwest Consulting Group
Item 1.5
Attachment 1
Jennings Environmental
Kimley-Horn and Associates, Inc.
Koury Engineering
Lilburn Corporation
LOR Geotechnical Group, Inc.
Lynn Merrill Associates
Meridian Consulting
Merrell-Johnson Companies
MIG
Northline GIS
Tom Dodson Associates
Transtech Engineers
UltraSystems
Vanlen Consultants,
Willdan Engineering
WHEREAS, in the time since the initial on-call consulting services agreements were approved, staff has identified additional consultants who have provided services to the City who are not on the on-call services list and, as such, staff would recommend that additional on-call consulting services agreements be authorized with two (2) additional firms; and, WHEREAS, the additional firms are qualified to and capable of providing additional services within the identified disciplines and are agreeable to the terms of the agreements; and, WHEREAS, the firms that staff is recommending for on-call consultant services agreements include:
SWA Group – Design Engineering Services
BKF Engineers – General Engineering Services; and,
WHEREAS, the terms and conditions of the proposed agreements will be identical to the terms and conditions of the existing agreements, with the exception of the duration of the new agreements, which will be through June 30, 2027, to align with the period of the proposed extensions to the existing agreements; and,
WHEREAS, there is no fiscal impact to the execution of these agreements as funding for any of the services for which these consultants would be engaged is available within the adopted Fiscal Year 2025-26 Annual Budget and proposed Fiscal Year 2026-27 Annual Budget; and, WHEREAS, under section 15378 of the California Environmental Quality Act (CEQA), this is not a project and, therefore, no environmental review is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake that:
1. The on-call consultant services agreements with the twenty-five (25) above identified firms are extended through the period ending June 30, 2027.
2. On-call consultant services agreements with the two (2) identified new firms are approved through the period ending June 30, 2027.
3. The City Manager is authorized to execute all contract documents in a form approved by the City Attorney.
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 ) 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 13th day of May, 2026 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
MEETING
DATE: May 13, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Sean Sullivan, Assistant City Manager
Melissa Burrola, Management Analyst
SUBJECT: Letter of Opposition to Assembly Bill (AB) 1678 (Harabedian)
BACKGROUND & DISCUSSION
AB 1678 is proposed by Assembly Member John Harabedian from Assembly District 41, which covers much of the San Gabriel Valley Foothills in Los Angeles County and portions of the San Bernardino County Foothills. AB 1678, known as the Claremontclair Construction Authority Bill, would alter the oversight structure and management responsibilities for the construction of the Gold Line Extension to Montclair. The San Bernardino County Transportation Authority (SBCTA), of which the City is a voting member, has been heavily supportive of and involved in the ongoing effort to extend the Goldline to Montclair. On April 1, 2026, the SBCTA Board of Directors, voted unanimously to oppose this bill and encouraged all member agencies to write letters of opposition.
AB 1678 would remove the existing Metro Foothill Gold Line Construction Authority’s responsibility for extending the A Line (formerly the Gold Line) beyond Claremont and create a new authority – the Claremontclair Authority (CMA) – to deliver the extension from Claremont to Montclair. Existing law requires the Gold Line Construction Authority to enter into a construction agreement with SBCTA prior to commencing the construction elements within San Bernardino County. Further, the existing law requires the Los Angeles County Metropolitan Transportation Authority (Metro) to assume responsibility for operating all elements of the project, beyond construction, under an Operations and Maintenance Agreement with SBCTA. AB 1678 proposes to sunset the existing Construction Authority once the project reaches the City of Claremont and establish a new construction oversight authority for the work into San Bernardino County that would also change the nature of the ongoing maintenance and operation of this line, once constructed.
The legislation proposes the establishment of the Claremontclair Authority (CMA) that would be responsible for delivering the A Line project from Claremont to Montclair. The CMA would include representatives from San Bernardino County, SBCTA, and the City of Montclair, providing more local representation that the current Construction Authority; however, there are elements of concern within the proposed legislation. The proposed legislation would require that SBCTA turn over any assets to the CMA should the CMA deem those assets “necessary for the project” and further prevents SBCTA from reserving any rights to protect its right of way.
Furthermore, AB 1678 would require that the CMA execute an MOU with LA County Metro for Item 1.6
project delivery, which would grant Metro the ability to review any significant changes to the scope of design or construction but not extend the same review authority to SBCTA. Finally, the proposed bill makes considerable changes to the nature of the ongoing operation of the system.
The bill would not allow SBCTA to negotiate any of the ongoing maintenance and operations terms until after construction has commenced, meaning that SBCTA is effectively committed to executing an agreement in the future, without a clear understanding of the terms and potential implications. As a part of this, SBCTA would be required to reimburse Metro for the operation within San Bernardino County but the nature of how this agreement may be negotiated leaves SBCTA exposed to a potentially costly agreement with no oversight of the escalating costs.
For more than a decade, the SBCTA Board of Directors (Board) has been committed to and supportive of the extension of the Gold Line to Montclair. SBCTA has reserved funding for its share of the construction and has participated in a joint application with Metro for construction related grants. Over the past approximately nine (9) months, SBCTA has taken actions related to the future of the Gold Line, driven by the ongoing uncertainty of the total cost and timeline to deliver this project. On September 3, 2025, the Board approved defunding the San Bernardino County portion of the Gold Line and redirecting that funding to enhance Metrolink service between Claremont and Montclair. On February 4, 2026, the Board approved reallocating its portion of the Gold Line Project funding to enhanced Metrolink and shuttling services between these transit stops.
The San Bernardino County Transportation Authority (SBCTA) is the regional transportation authority for San Bernardino County and is governed by a Board of Directors inclusive of all five (5) members of the Board of Supervisors and one elected official delegate from each of the incorporated cities within the County. SBCTA is responsible for regional transportation planning, commuter services, and congestion management.
FISCAL IMPACT
There are no fiscal impacts associated with the recommended action.
ENVIRONMENTAL CONSIDERATION
Under Section 15378 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 project aligns with the City Council’s 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 approve a Letter of Opposition to AB 1678 (Harabedian) Claremontclair Authority: Metro A Line Extension Project.
ATTACHMENTS
1. Bill Text AB 1678 – Claremontclair Authority: Metro A Line Extension Project
2. City of Big Bear Lake Letter of Opposition
Item 1.6
Attachment 1
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.bigbearlake.gov May 13, 2026
The Honorable Lori D. Wilson
Chair, Assembly Committee on Transportation
California State Assembly
1020 N Street, Suite 112
Sacramento, CA 95814
RE: AB 1678 (Harabedian) – OPPOSE
Dear Chair Wilson,
On behalf of the City of Big Bear Lake, I am writing to express our opposition to Assembly Bill (AB) 1678 by Assemblymember John Harabedian.
AB 1678 would remove the existing Metro Foothill Gold Line Construction Authority’s responsibility for extending the A Line (formerly the Gold Line) beyond Claremont and create a new authority – the Claremontclair Authority (CMA) – to deliver the extension from Claremont to Montclair. While the City of Big Bear Lake supports expanding high-quality transit service in our region, this bill raises significant legal, financial, and governance concerns and sets a troubling precedent for the State to mandate that local agencies build, fund, and operate specific projects regardless of locally adopted priorities or funding capacity.
Most concerning, AB 1678 exposes local agencies to substantial risk while limiting their authority.
The bill would require the transfer of assets at the discretion of the CMA without adequate protections for local agency interests, including right-of-way protections and risk mitigation. It also grants the Los Angeles County Metropolitan Transportation Authority (Metro) – but not affected local agencies – the authority to review significant project changes, effectively excluding local jurisdictions from meaningful oversight of a project within their own communities.
Additionally, the bill creates significant and ongoing financial exposure. Local agencies could be precluded from negotiating operations and maintenance agreements until after construction begins, effectively pre-committing them to fund operations without defined terms. This structure risks obligating local jurisdictions to cover ongoing operating costs without meaningful oversight or cost control.
These concerns are particularly significant given the history of the project, which has experienced ongoing cost escalation, repeated delays, and uncertainty regarding delivery. In response, local and Item 1.6
Attachment 2
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.bigbearlake.gov regional agencies have begun advancing alternative transit strategies that better reflect current conditions, prioritize fiscal responsibility, and deliver more reliable mobility outcomes.
AB 1678 would override these locally adopted policy directions, undermining the authority of local elected officials to determine which transportation projects are advanced and funded in their communities. It raises broader concerns regarding accountability and the responsible stewardship of limited transportation resources.
For these reasons, the City of Big Bear Lake respectfully opposes AB 1678. The bill exposes local taxpayers to significant financial risk, weakens local control, and sets a precedent that could have far-reaching implications for other regions across the state.
We remain committed to working collaboratively on transportation solutions that are fiscally responsible, locally supported, and deliver meaningful mobility improvements for the communities we serve.
If you have any questions, please contact Randall Putz, Mayor at [email protected].
Sincerely,
Mayor Randall Putz
Cc: San Bernardino County Legislative Delegation
Assembly Transportation Committee
MEETING
DATE: May 13, 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, Associate Engineer
SUBJECT: Authorize a Bid Solicitation for the Bartlett Parking Lot Extension Project and a Related Purchase Order
BACKGROUND & DISCUSSION
Between July 2024 and June 2025, the City of Big Bear Lake purchased four (4) parcels of land, totaling approximately 1.9 acres, in the vicinity of Beaver Lane, from Badger Lane to Squirrel Lane. The City’s rationale for the purchases was to expand public serving amenities and infrastructure in the vicinity of the Village. Within the Fiscal Year 2025-26 Annual Budget and Capital Improvement Program, funding in the amount of $100,000 was designated for the design of a public parking facility within these properties. Within the proposed Fiscal Year 2026-27 Annual Budget and Capital Improvement Program, staff is requesting funding in the amount of $2,500,000 for the construction of the parking facilities.
In 2025, staff retained SWA Design Group, a landscape architecture firm that specializes in public space making, to develop a conceptual plan for a proposed parking facility in these spaces. The conceptual plan provides for approximately 134 parking spaces, parking lot lighting and other amenities, landscaping and improved sidewalk and connectivity within the area. Based upon staff’s review and acceptance of the conceptual plan, staff within the Engineering Division began preparing construction drawings and specifications. Staff prepared grading plans, a Water Quality Management Plan (WQMP), and all other civil related construction drawings. On March 11, 2026, the City Council authorized a professional services agreement with SWA Design Group to develop construction drawings for the landscape, irrigation, and electrical components of the project.
Pursuant to the City of Big Bear Lake Development Code, the development of a parking lot is an approved use based upon the zoning of the parcels in question but it does require a Conditional Use Permit (CUP), which is subject to the approval of the Planning Commission. As such, Engineering Division staff completed the application for a CUP with the Planning Division where the project was reviewed and vetted by staff before being forwarded to the Planning Commission for their review and approval. On April 15, 2026, the Planning Commission considered the proposed CUP for the Bartlett Parking Lot Extension Project at a dually noticed Public Hearing.
At the Public Hearing, the Planning Commission received a presentation, asked questions of staff, and took the action of approving the CUP. Additionally, the Planning Commission approved a Categorical Exemption for the project pursuant to the California Environmental Quality Act (CEQA), Section 15332 Class 32 – In-Fill Development Project. As required, a CEQA Notice of Item 1.7
Exemption was recorded with the San Bernardino County Recorder on April 15, 2026.
Pursuant to the City of Big Bear Lake’s Purchasing Guidelines, the City Council is required to authorize staff to solicit construction bids for Capital Improvement Projects. Upon this authorization, staff is prepared to issue the bid package within the month of May. This schedule would allow bids to be received in June and a Construction Contract will be presented for City Council consideration at the City Council Meeting scheduled for July 8, 2026. As such, construction is anticipated to commence on or around August 1, 2026, with the intended completion in the Fall of 2026.
As staff has been developing the construction design, including the various fixtures and furnishings, staff is proposing to utilize the same light fixtures that are present within the Village and its surrounding parking lots, as well as Rotary Park. The light fixtures are manufactured by King Luminaire and are distributed exclusively by South Coast Lighting and Design, and are identified by the product identification Decorative Big Bear Assembly as these light standards were specified for Big Bear Lake as a part of the Village Renaissance Project. The specified lights are compliant with International Dark-Sky Association standards for dark-sky lighting in that they have motion sensors to ensure that they are only on when necessary and the lights are directed down and shielded to prevent any unnecessary light spillover.
In reviewing the pricing and availability of the light fixtures, it was determined that the current lead time on these products is between five (5) and six (6) months. As staff has developed the project timeline, with the anticipated completion in the Fall of 2026, it was determined that if the project specified for the contractor to furnish and install the light poles, they would not be available until December or January. Staff is recommending that the City purchase the necessary light poles for this project, to ensure their arrival consistent with the project timeline, and the construction documents will specify that the contractor shall install the lights, as furnished by the City.
Based upon the project design, the parking lot will require the installation of twenty-seven (27) light standards, which will provide parking lot lighting as well as street lighting along the vehicular and pedestrian access to this parking facility. South Coast Lighting & Design, who is the exclusive distributor of these lights within this region, for a total price of $210,274.13. Upon approval of this purchase, staff would coordinate the ordering of these fixtures and coordinate the delivery with the selected contractor.
FISCAL IMPACT
There is minimal fiscal impact associated with the solicitation of construction bids for this project and any costs will be borne by the existing funding that is included within the FY 2025-26 Capital Improvement Program Budget. Funding for the construction of the project is included in the Proposed Fiscal Year 2026-27 Annual Budget and Capital Improvement Program Budget. The anticipated award of construction for this project, and the related encumbrance of funds, will not occur until after the adoption of the proposed budget. For the purchase of the lighting equipment, in the amount of $210,274.13, payment will not be expended until the equipment is delivered to the City, which will occur in the fall, after the adoption of the budget.
Description Fund GL Account No.
Type
(Rev/Ex)
Amount included
in Proposed FY
26/27 Budget
Bartlett Parking Lot
Extension
(Beaver/Badger)
321 – Other
Capital
Improvements
321-4346-3973 Expense $210,274.13
ENVIRONMENTAL CONSIDERATION
On April 15, 2026, as a part of the Conditional Use Permit approval, the Big Bear Lake Planning Commission approved a Categorical Exemption for this project pursuant to the California Environmental Quality Act (CEQA) Section 15332 Class 32 – In-Fill Development Project. As required, a CEQA Notice of Exemption was recorded with the San Bernardino County Recorder on April 15, 2026.
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 authorize staff to conduct a bid solicitation for the construction of the Bartlett Parking Lot Extension (Beaver/Badger) Project; and authorize a Purchase Order with South Coast Lighting and Design, in an amount not to exceed $210,274.
ATTACHMENTS
1. Conceptual Parking Lot Design
2. Proposal of South Coast Lighting and Design
Parking Summary
Badger Lot Spaces: 60
Beaver Lot Spaces: 77
Total: 137
Badger Lot Spaces: 60 Beaver Lot Spaces: 77
1 1
2 2
2 2
3 3 3
4 4 4
Existing Trees
LEGEND
Proposed Trees
Entry Plaza
5’ Sidewalk
BADGER LANECOTTAGE LANE
BEAVER LANE
Parking Concept Option 2
0 20’ 40’ 80’
Item 1.7
Attachment 1
Quote #: Q505250
Project Name: BIG BEAR-ROTARY PINE KNOT PARKING LOT
Bid Date: 5/6/2026
To: Thomas DeGriselles
City Of Big Bear
P.O. Box 10000
Big Bear Lake, CA
Qty Type Mfg Description Unit Price Ext Price
PRICING IS DIRECT SELL TO THE CITY OF BIG BEAR LAKE ONLY 18 SCL TWIN ASSEMBLY $7,750.00 $139,500.00
36 KING K723-P4SA-III-40(SSL)-7030-120:277V-KPL20-TEXTURED BRONZE 18 SCL 18' TAPERED STEEL POLE, PAINTED
18 SCL DECO CLAMP TWIN ARM W/ SCROLLS & FINIAL
18 SCL DECO BASE
18 SCL ANCHOR BOLTS
4 SCL SINGLE ASSEMBLY $5,400.00 $21,600.00
4 KING K723-P4SA-III-40(SSL)-7030-120:277V-KPL20-TEXTURED BRONZE 4 SCL 18' TAPERED STEEL POLE, PAINTED
4 SCL DECO CLAMP SINGLE ARM W/ SCROLL & FINIAL
4 SCL DECO BASE
4 SCL ANCHOR BOLTS
3 SCL TWIN ASSEMBLY (SPARES) $7,750.00 $23,250.00
6 KING K723-P4SA-III-40(SSL)-7030-120:277V-KPL20-TEXTURED BRONZE 3 SCL 18' TAPERED STEEL POLE, PAINTED
3 SCL DECO CLAMP TWIN ARM W/ SCROLLS & FINIAL
3 SCL DECO BASE
3 SCL ANCHOR BOLTS
2 SCL SINGLE ASSEMBLY (SPARES) $5,400.00 $10,800.00
2 KING K723-P4SA-III-40(SSL)-7030-120:277V-KPL20-TEXTURED BRONZE 2 SCL 18' TAPERED STEEL POLE, PAINTED
2 SCL DECO CLAMP SINGLE ARM W/ SCROLL & FINIAL
2 SCL DECO BASE
2 SCL ANCHOR BOLTS
SUBTOTAL BEFORE TAX $195,150.00
TOTAL TAX (7.75%) $15,124.13 $15,124.13
TOTAL $210,274.13
Mfg Code Lead Time
KING
SCL
Terms
Quote #Q505250 - BIG BEAR-ROTARY PINE KNOT PARKING LOT Page 1 of 2 Item 1.7
Attachment 2
Prices firm for entry by: 45 Days Shipment by: 70 Days Lead Time: 14-18 Weeks **ANCHOR BOLTS SHIPPED PRIOR MAY BE SUBJECT TO A FREIGHT CHARGE NOT TO EXCEED $250.00** **AT TIME OF ORDER, WE WILL REQUIRE AN ADDITIONAL NOTE WHICH STATES THAT OUR MFG IS CLEARED TO DELIVER MATERIAL TO YOU.
~ PLEASE INCLUDE THE SOUTH COAST LIGHTING QUOTE # ON YOUR PO ~ PLEASE SEND ORDERS TO: YOUR INSIDE SALES REPRESENTATIVE AND [email protected]
1. ANY CHANGES WILL REQUIRE A NEW QUOTE. IF THE COMPLETE QUOTE IS NOT USED THEN A NEW QUOTE WILL BE NEEDED.
2. CITY OF LOS ANGELES PROJECTS THAT ARE QUOTED WILL REQUIRE AT LEAST 25 WORKING DAYS FOR STRUCTURAL CALCS & SUBMITTALS.
3. ALL PROJECTS WILL REQUIRE 10-25 DAYS OR LESS FOR STRUCTURAL CALCS & SUBMITTALS.
4. SOUTH COAST LIGHTING & DESIGN, INC (SCL) OR ITS MANUFACTURERS WILL NOT ASSUME RESPONSIBILITY IF YOU DO NOT VERIFY YOUR WRITTEN REQUEST WITH THIS QUOTED BILL OF MATERIALS.
5. SALES TAX IS NOT INCLUDED UNLESS STATED ON QUOTE. IF SALES TAX IS TO BE ADDED AT TIME OF THE ORDER THEN A NEW QUOTE WILL BE ISSUED.
6. THIS QUOTATION IS SUBJECT TO MANUFACTURER'S TERMS AND CONDITIONS.
7. THIS QUOTATION IS MADE WITHOUT BENEFIT OF COMPLETE PLANS AND SPECIFICATIONS. IT IS YOUR RESPONSIBILITY TO INSURE THIS QUOTE ACCURATELY REPRESENTS YOUR BILL OF MATERIAL. IF A SUBSTITUTION IS QUOTED, SCL WILL NOT GUARANTEE APPROVAL UNLESS STATED ON THE QUOTE. THE QUOTE IS BASED ON PART NUMBERS.
8. ANY CHANGES WILL REQUIRE A NEW QUOTE. IF THE COMPLETE QUOTE IS NOT USED THEN A NEW QUOTE WILL BE NEEDED.
9. A SEPARATE P.O. MAY BE REQUIRED FOR EACH MANUFACTURER AT TIME OF THE ORDER. SOUTH COAST LIGHTING WILL COORDINATE ALL DELIVERIES TO OCCUR WITHIN A 30 DAY TIME FRAME.
10. SOURCE INSPECTIONS OR OUT OF STATE INSPECTION CHARGES ARE NOT INCLUDED UNLESS SPECIFICALLY SPELLED OUT ON THIS QUOTE. THESE CHARGES ARE THE RESPONSIBILITY OF OTHERS.
11. CAL-TRANS PROJECTS WILL REQUIRE DESIGN YEAR, LUMINAIRE MAST ARM LENGTH, SIGNAL MAST ARM LENGTH, TENON LOCATIONS, ETC., ETC., PRIOR TO ORDER. ORDERS CANNOT BE RELEASED WITHOUT THIS INFORMATION. 8.3 REQUIREMENTS ARE NOT INCLUDED UNLESS STATED ON THIS QUOTE.
12. LAMPS, PHOTOCELLS, FUSES, SPARE PARTS, OR SPECIAL PRODUCT REQUIREMENTS, ARE NOT INCLUDED UNLESS STATED ON QUOTE.
13. ACCEPTANCE OF ORDER IS CONTINGENT UPON CREDIT APPROVAL.
14. THE RESPONSIBILITY OF SETTING UP ANY AND ALL INSPECTIONS WITH THE CITY OF LA OR ANY OTHER CITIES REQUIRING INSPECTIONS, IS UP TO THE ELECTRICAL OR GENERAL CONTRACTOR AND IS NOT THE RESPONSIBILITY OF SCL & MFG. IF THE
CONTRACTOR WOULD LIKE SCL TO HELP ARRANGE THESE INSPECTIONS, SCL WILL NEED A WRITTEN LETTER AUTHORIZING US TO DO SO. ANY AND ALL COSTS ABOVE ANY ALLOWANCE GIVEN IN A QUOTE ARE THE RESPONSIBILITY OF THE CONTRACTOR.
15. FREIGHT ALLOWED QUOTES INCLUDE TWO HOURS OF OFFLOADING TIME. ADDITIONAL CHARGES AT $200 PER HOUR APPLY IF DELIVERY OFFLOADING TIME EXCEEDS THE MAXIMUM TWO HOUR LIMIT.
16. IF ANY TEMPORARY LIGHTING IS REQUIRED DUE TO A DELAY, IT WILL NEED TO BE DISCUSSED PRIOR. SOUTH COAST OR ANY OF ITS MANUFACTURERS WILL NOT PAY FOR ANY LABOR OR THE COST OF MATERIAL WITHOUT PRIOR APPROVAL.
17. IF A DETAIL-U IS REQUIRED, THERE MAY BE AN ADDER FOR IT; PLEASE INQUIRE WITH YOUR SALESMAN OR INSIDE ASSOCIATE FOR THE ADDER.
18. BY REQUEST, UP TO 3 PAINT CHIPS MAY BE SENT OUT TO THE END-USER AT NO EXTRA CHARGE; ANY ADDITIONAL PAINT CHIPS (FOR SAMPLING OR FOR RECORDS, ETC) REQUESTED MAY INCUR A CHARGE CONTINGENT ON SHIP-TO LOCATION.
19. SUPPLIER'S OBLIGAITION TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT SHALL NOT INCLUDE ANY OBLIGATION TO
REIMBURSE THE PURCHASER FOR TRANSPORTATION, INSTALLATION, REMOVAL, UNAUTHORIZED REPAIRS, OR ANY OTHER EXPENSES THAT MAY BE INCURRED BY THE PURCHASER OR OTHERS IN RELATION TO ANY PRODUCT DEFECT. ANY CHARGES
ASSOCIATED WITH A REPAIR MUST BE JUSTIFIED, DOCUMENTED AND SUBMITTED FOR WRITTEN APPROVAL BY THE MANUFACTURER.
20. ALL POLES TO BE UNWRAPPED ON DELIVERY; ALL POLES SHOULD BE UNWRAPPED AND REVIEWED UPON DELIVERY
21. IF A PURCHASE ORDER IS RELEASED IN MULTIPLE PHASES, IT WILL BE SUBJECT TO A $100 CHARGE ON SMALLER PROJECTS.
22. SHIPPING DATE IS AN ESTIMATION AT TIME OF QUOTE, EXACT SHIPPING DATE AND TIME MAY CHANGE AT ORDER ENTRY.
23. SEND NEW ORDERS TO [email protected] AND COPY PERSON WHO ORIGINALLY SENT OUT QUOTE Per: Jason Henderson Email: [email protected] Quote #Q505250 - BIG BEAR-ROTARY PINE KNOT PARKING LOT Page 2 of 2 PUBLIC
HEARING REPORTS
May 13, 2026
MEETING
DATE: May 13, 2026
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Kelly Tinker, Acting Director of Community & Economic Development Andrew Mellon, Community Development Manager
SUBJECT: Introduction of an Ordinance Approving Development Code Amendment 2025- 0005, Updating Portions of the City’s Sign Ordinance Relating to Temporary Noncommercial Signs
BACKGROUND & DISCUSSION
In 2003, City Council adopted Title 17 of the Big Bear Lake Municipal Code (BBLMC), known as the Development Code. The Development Code contains all regulations pertaining to land use requirements standards for the development of buildings, structures, and improvements within the City. Identified within the Development Code are temporary noncommercial signs, which includes signs that are expressive in nature and are not tied to a commercial entity, including political, charitable, philanthropic, or cultural purposes. Additionally, this section of the Development Code includes standards related to the placement of the signs, such as sizing, quantity, and other placement standards.
Given the changing nature of legal and regulatory frameworks and local conditions, it is periodically necessary to review and amend various sections of the Development Code.
Specifically, in response to recurring questions from the public regarding the placement and posting of temporary noncommercial signs, the City initiated Development Code Amendment (DCA) 2025-0005 in late 2025. This effort has evolved with additional input from the Planning Commission and the City Council.
Initially, the amendment was focused on streamlining the process regarding the enforcement of temporary noncommercial signs placed illegally on private property. Existing Code language provides that alleged political sign violations would have to come before the Planning Commission to determine whether the sign was unlawful. This provision was cumbersome and misaligned with Constitutional requirements.
On November 19, 2025, the Planning Commission reviewed the proposed DCA 2025-0005, conducted a public hearing to receive public testimony, asked questions and provided comments and feedback. The Planning Commission was in favor of the proposed DCA and recommended Item 2.1
additional enforcement authority to allow staff to promptly remove illegal signage. On December 10, 2025, Staff presented to the City Council DCA 2025-0005, as recommended by the Planning Commission. Upon Council deliberation, the City Council directed staff to revise the Ordinance in coordination with the City Attorney.
The additional coordination resulted in proposed revisions to Chapter 17.12 (Signs) as follows:
• Adding a definition of a “temporary noncommercial sign”; • Clarifying that political signs shall be considered under the umbrella of a “temporary noncommercial sign” and treated in the same manner of that sign category; • Clarifying the development standards for temporary noncommercial signs, though many of the existing standards remain unchanged;
• Providing a revised enforcement process to address illegal temporary noncommercial signs. The enforcement process will now follow an administrative route, which includes a notice to a sign owner or responsible party to remove illegal signage within seven days of the notice. If the sign is not removed within the specified time, then the City may commence code enforcement proceedings against the owner or responsible party for the sign, including, without limitation, issuing administrative citations. Such citations may be appealed to a hearing officer in accordance with Chapter 1.17 (Administrative Citations and Hearings) of the City’s Code;
• Specifying that if the City removes a sign, it will do so in accordance with the City’s Code, State law, and federal law; and
• Making other clarifying revisions to ensure consistency within Chapter 17.12.
The Planning Commission approved the proposed revisions at their regular meeting on May 6, 2026 with a 4-0 vote (with one Commissioner absent).
Required Findings
The action of the Planning Commission on May 6, 2026, also affirmed the required findings for a Development Code Amendment, as provided under section 17.03.200.F of Title 17, as follows:
1. The proposed Development Code amendment conforms with the goals, objectives and policies of the general plan.
2. The proposed Development Code amendment is necessary to implement the general plan and to provide for public safety convenience and/or general welfare.
3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof.
4. The proposed Development Code amendment is reasonable and beneficial at this time.
FISCAL IMPACT
There are no fiscal impacts associated with the adoption of this ordinance.
CONSIDERATION OF STRATEGIC PRIORITIES
This item aligns with Strategic Priority Goal Number Five:
- To preserve and protect the quality of life for the residents and the businesses, while maintaining a balance with the environment to foster a sustainable economic base.
ENVIRONMENTAL DETERMINATION
The requested action is not considered a “project” under Public Resources Code Section 21065, and is exempt from the California Environmental Quality Act Guidelines pursuant to Section 15061(b)(3), the “common sense exemption.” This section states “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
RECOMMENDED ACTION
It is recommended that the City Council conduct a public hearing to hear any and all testimony, read the title, waive further reading, and introduce an ordinance entitled:
An Ordinance of the City Council of the City of Big Bear Lake, California, Amending Portions of Chapter 17.12 (Signs) Of Title 17 (Land Use) of the Big Bear Lake Municipal Code Regarding Temporary Noncommercial Signs by, among other things, Revising and Clarifying Definitions, Development Standards, and Enforcement Processes, Making Other Changes to Ensure Consistency Within the Chapter, and Finding These Amendments Exempt From the California Environmental Quality Act (CEQA).
ATTACHMENTS
1. Ordinance No. 2026-xxx and Exhibit A Redline
2. Planning Commission Agenda Report May 6, 2026
ORDINANCE NO. 2026-xxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 17.12
(SIGNS) OF TITLE 17 (LAND USE) OF THE BIG BEAR LAKE MUNICIPAL
CODE REGARDING TEMPORARY NONCOMMERCIAL SIGNS BY,
AMONG OTHER THINGS, REVISING AND CLARIFYING DEFINITIONS,
DEVELOPMENT STANDARDS, AND ENFORCEMENT PROCESSES,
MAKING OTHER CHANGES TO ENSURE CONSISTENCY WITHIN THE
CHAPTER, AND FINDING THESE AMENDMENTS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, the City of Big Bear Lake, California (the “City”) is a municipal corporation and charter City, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code section 65800, et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing a city’s general plan; and
WHEREAS, the City has adopted a Development Code by Ordinance 2003-333. The Development Code contains provisions to allow amendments in Section 17.03.200; and WHEREAS, Chapter 17.12 contains the City’s sign regulations, and from time to time such provisions require updating to comply with legal and regulatory standards or to incorporate best practices; and
WHEREAS, the Planning Commission of the City of Big Bear Lake considered Development Code Amendment 2025-0005, filed by the City of Big Bear Lake, on November 19, 2025 and again on May 6, 2026. The most recent version of the amendment brings provisions into alignment with case law, including Reed v. Gilbert (2015) 576 U.S. 155, and proposes changes to temporary noncommercial signs to, among other things, add and clarify definitions, development standards, and enforcement processes related to such signs; and
WHEREAS, section 17.03.200 of the Development Code includes provisions for amendments to the Development Code; and
WHEREAS, public notice of the public hearing for Development Code Amendment 2025-0005 (the Application) was published in The Grizzly on April 30, 2026; and WHEREAS, on May 13, 2026, the City Council conducted a duly noticed public hearing on the proposed Application; and
WHEREAS, the Application is not subject to the California Environmental Quality Act (CEQA) because it is covered by the “common sense” rule expressed in section 15061(b)(3) of the State Item 2.1
Attachment 1
CEQA Guidelines that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The proposed amendment would not directly result in any physical development, nor will the proposed amendment result in any change to the built-out environment as envisioned by the General Plan or Development Code. Therefore, the proposed Development Code Amendment is not a “project” under Public Resources Code section 21065, and, is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(b)(3), the “common sense exemption,” where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, 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 Section 17.12.020. Section 17.12.020 of Chapter
17.12 of Title 17 is hereby amended to revise the definitions of “Illegal sign,” “Temporary sign,” and “Unlawful sign”; delete the definition of “Political sign”; and add a new definition for “Temporary noncommercial sign” as follows:
17.12.020 Definitions.
. . .
“‘Illegal sign.” Any sign placed without all required government approvals and permits at the time said sign was placed, or a sign that was not displayed or constructed in accordance with the ordinances and other applicable laws in effect on the date of display or construction, or a legal nonconforming sign that has exceeded its authorized amortization period. Compare to ‘Permitted sign,’ ‘Legal nonconforming sign,’ or ‘Nonconforming sign.’” . . .
“‘Temporary noncommercial sign.’ A noncommercial sign typically made of lightweight or flexible material that can be easily and quickly displayed, mounted, or removed and that may or not be affixed to a building or structure. Temporary noncommercial signs include but are not limited to religious, charitable, civic, homeowner association, educational, political, or cultural signs.”
“‘Temporary sign.’ Signs to be displayed for a specific period of time or event and which are removed immediately after the completion of the event, as permitted by and defined in this chapter. Temporary signs include but may not be limited to ‘balloon, inflatable signs,’ or ‘inflatable attention-getting devices; banners; construction site signs; open house signs; pennants; political signs; real estate signs; seasonal and holiday decorations; temporary canopy; transitrelated temporary signs.’” . . .
“‘Unlawful sign.’ A sign that was constructed or displayed illegally and which violates this chapter, or which the city planner or building official declares to be unlawful because it has become dangerous to public safety. See also ‘Illegal sign.’” SECTION 4: Code Amendment to Section 17.12.050. Subsection (R) of Section
17.12.050 of Chapter 17.12 of Title 17 is hereby amended in its entirety and restated to read as follows:
17.12.050 Exemptions from sign permit requirements.
. . .
“R. Temporary noncommercial signs. The city finds that there is a need to provide for temporary noncommercial signs in order to provide opportunities for free expression.
The city further finds that it is necessary to regulate the number, size and location of such signs in order to reduce visual clutter and debris throughout the city and to safeguard the public health, welfare, and safety. All temporary noncommercial signs including, but not limited to religious, charitable, civic, homeowner association, educational, political or cultural posters or special events of civic, philanthropic, educational or religious purposes shall conform with the following provisions:
1. Development Standards. Temporary noncommercial signs shall be exempt only if they conform to all of the following standards:
a. Maximum size of the sign shall not exceed thirty-two (32) square feet and the top of the sign shall not be placed higher than eight feet above grade. b. Such signs shall not be permitted to be stuck, glued, painted, pasted, posted, nailed, stapled or otherwise affixed to any public property, publicly owned sign, public appurtenance, utility pole, fire hydrant, tree, boulder, or other natural feature, and may not be placed within the public right-of-way. c. Such temporary noncommercial signs shall not obscure traffic signs and signals nor block motorists' line of sight.
d. It shall be unlawful to attach, connect or otherwise affix any sign to another lawfully placed permanent or temporary sign, or direct, permit or allow such action, without the permission of the owner of the original permanent or temporary sign.
e. Property owner or tenant permission shall be obtained for erection of temporary noncommercial signs, provided that written evidence of such permission need not be submitted to the city prior to erection of the signs. f. No more than three signs or ninety-six (96) cumulative square feet of temporary noncommercial signage may be erected on any single parcel of land. Signs shall be spaced to ensure visibility of all signs on the site and to maintain clear vehicle sight distance.
g. Such temporary noncommercial signs shall not be illuminated. h. Such temporary noncommercial signs shall incorporate the applicable design standards set forth for all signs.
2. Violation.
a. Except as otherwise provided herein, upon a determination of any violation of the provisions of this subsection regulating all temporary noncommercial signs, the enforcement officer shall send notification in writing to the owner or responsible party for such sign in accordance with the service procedures provided in Section 1.17.040 of this Code. The notice shall provide that the sign has been determined to be illegally erected and requiring its removal within seven (7) days of the date of such written notice. The notice shall also provide that the City may commence code enforcement proceedings if the illegal sign is not removed within the specified time period. If the sign is not removed within the specified time period, then the enforcement officer is authorized to commence enforcement proceedings.
b. Any removal of an illegal or unlawful sign shall be in accordance with this chapter, this Code, and State and federal law. If a sign is removed, the enforcement officer shall notify the sign owner, if known, in writing regarding the sign removal, stating the location where the sign is being held and that it will be destroyed if not claimed by the owner within thirty (30) days after the date of such notice. In the event that the owner does not claim such sign within the thirty (30) day period, the enforcement officer may destroy or otherwise dispose of such sign. The owner of the sign shall reimburse the city for the actual costs of removing, storing, and destroying or otherwise disposing of the sign.
3. Removal of Signs. No person shall remove, destroy, relocate, or otherwise disturb any lawfully-erected temporary noncommercial sign, or direct, permit or allow such removal, destruction, relocation or disturbance, without the permission of the party who erected the sign or the property owner or tenant, as applicable. Nothing in this subsection shall prohibit the owner of a piece of property, or his or her authorized representative or tenant, from removing a sign from the property when the temporary noncommercial sign has been erected without their consent or when consent has been revoked; and provided, further, nothing in this subsection shall prevent the enforcement officer or other authorized representative of the city from taking action to abate sign violations.
4. It is presumed that the owner or tenant of the property on which a sign is displayed, or the person or entity referenced on the sign, if applicable, is the owner or responsible party for a sign.”
SECTION 5: Code Amendment to Section 17.12.060. Subsection (Q) of Section
17.12.060 of Chapter 17.12 of Title 17 is hereby amended in its entirety and restated to read as follows:
17.12.060 Prohibited signs.
The following signs are prohibited:
. . .
“Q. Signs on public property. Signs within the public right-of-way or upon public property (except where approved or required by a government agency), including, but not limited to, any notice, placard, bill, card, poster, sticker, banner, sign, advertising or other device affixed or attached to or upon any public street, walkway, median, crosswalk, or other right-of-way, curb, lamp post, hydrant, tree, landscaped area, telephone booth or pole, lighting system or any fixture of the police or fire alarm system; provided, however, that over-street signs or transitrelated temporary signs otherwise in compliance with this chapter and the California Building Code may be permitted.”
SECTION 6: Code Amendment to Section 17.12.180. Section 17.12.180 of Chapter
17.12 of Title 17 is hereby amended in its entirety and restated to read as follows:
“17.12.180 Enforcement and Appeal.
A. Any violations of this chapter shall be subject to the enforcement remedies and penalties provided by this chapter, the Big Bear Lake Development Code, Big Bear Lake Municipal Code, and by state and federal law. Each sign and each day is subject to separate infraction violations when applying penalties. It shall be an infraction to install, erect, fail to remove, or maintain any sign without a permit, as required by this chapter. It shall also be a violation to install, erect, fail to remove, or maintain any sign in violation of this chapter. Enforcement may be pursued by issuance of infraction citations, nuisance abatement, administrative remedies, injunction, or other remedies available by law. All such penalties may be cumulative.
B. Any appeal related to an administrative citation issued for a violation of this Chapter shall be in governed by Chapter 1.17 of this Code. Unless otherwise specified in this Chapter, all other determinations made by the Director of Community Development or a City code enforcement officer may be appealed to the City Manager or his or her designee.
C. A person or entity that is aggrieved by a City decision under this chapter and has exhausted administrative remedies pursuant to this Code may seek judicial review of the City decision by filing an appeal, petition, or complaint 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.” SECTION 7: Code Amendment to Section 17.12.190. Section 17.12.190 of Chapter
17.12 of Title 17 is hereby amended in its entirety and restated to read as follows:
“17.12.190 Abatement of illegal and unsafe signs.
A. Nuisance Abatement. Signs not in compliance with this chapter may be declared to be a public nuisance, and be abated in accordance with the requirements of the Big Bear Lake Municipal Code.
B. Abatement. Signs located in the public right-of-way or signs which are not in compliance with this chapter may be declared to be a de facto public nuisance subject to abatement and removal by the enforcement officer. If a sign is removed, the enforcement officer shall notify the sign owner, if known, in writing regarding the sign removal, stating the location where their sign is being held and that it will be destroyed if not claimed by the owner within thirty (30) days after the date of such notice. In the event that the owner does not claim such sign within the thirty (30) day period, the enforcement officer may destroy or otherwise dispose of such sign. In addition to any criminal or civil penalties prescribed by law, the actual costs of abatement of such signs shall become a debt owed to the city by the person responsible for or causing placement of the sign. Said debt shall be subject to cost recovery.
C. Unmaintained Sign Abatement. All signs shall be kept in good repair at all times or shall be subject to the following:
1. The City may provide a courtesy notice to the property owner or tenant or party responsible for a sign that the sign is unmaintained, which may include that the sign is falling over or falling apart, broken, ripped, torn, or is seriously weather damaged.
2. If the sign is not repaired or under repair within thirty (30) days after notification has occurred, the enforcement officer may issue an infraction citation.
3. If the sign is not repaired within thirty (30) days after the first citation, a second citation may be issued to the owner and/or user of the sign, and such violation may continue to be assessed each day thereafter until the sign is repaired.
4. The enforcement officer, upon identification of a hazardous or unsafe sign, shall give written notice to the property owner or party responsible for the sign of the condition or conditions which render the sign hazardous or unsafe, and an order to abate the public nuisance caused by the existence of the hazardous or unsafe sign. The enforcement officer will determine an appropriate time period for abatement of the public nuisance, based on the degree of the hazard.
At the expiration of the time period, if the hazard has not been voluntarily abated, the enforcement officer shall proceed to abate the nuisance in accordance with the procedures contained in the Big Bear Lake Municipal Code.
5. When it is necessary to make an inspection to enforce the provisions of this chapter, or when the enforcement officer has reasonable cause to believe that there exists any sign or condition which makes such sign unsafe, abandoned, illegal or nonconforming, the enforcement officer may petition the court to enter the lot, building, or premises on which such sign is located at all reasonable times to inspect the sign or to perform any duty imposed by this chapter.
D. Sign Removal. Every legal off-site sign becoming nonconforming as a result of this ordinance may be removed in accordance with the provisions of California Business and Professions Code Sections 5412, 5412.1, 5412.2, and 5412.3. Unless as otherwise provided in this chapter, all illegal signs listed below shall be forthwith removed by the owner or by the city with forty-eight (48) hours’ notice to the owner.
Said signs shall be retained at City Hall for a period of not less than thirty (30) days.
Thereafter, any unclaimed signs may be discarded.
1. A sign which was legal but nonconforming that becomes illegal and nonconforming by the occurrence of [subsection] C.1, C.2, or C.3 above.
2. Any illegal sign.
3. A nonconforming sign which has exceeded its authorized amortization period.
4. An abandoned sign.
5. A display existing without permission of owner or lessee.
E. Amortization Period. Except as otherwise provided in state law for redevelopment project areas, all legal nonconforming signs, other than portable freestanding signs, shall have a useful life and legal life of fifteen (15) years, calculated from the date of adoption of this ordinance. Upon expiration of the sign amortization period, the sign shall be removed by the owner without compensation. Upon determination that a sign is nonconforming, the enforcement officer will issue written notice to the owner or user of the sign or to the owner of the property on which the nonconforming sign is located, requiring conformance or removal therefore if unable to conform. The written notice shall require that the nonconforming portable freestanding sign be removed or altered to comply with the requirements of this chapter within thirty (30) days from the date of said notice. If, after a reasonable diligent attempt to serve written notice, the owner and user have not received notice, then the city must either post the notice or publish the notice in a local newspaper which is customarily used for notice by the city. If the sign remains thereafter, the city may proceed with abatement procedures or other legal methods, with such costs of removal by the city to be charged against the owner. Nothing in this section shall preclude any owner or user from voluntarily conforming a nonconforming sign at any time prior to the expiration of the amortization period. For purposes of this section, written notification deposited in the U.S. mail, or personal delivery, or posting, or publication in a local newspaper shall constitute proper notice.
F. Amortization Period for Nonconforming Portable Freestanding Signs. All legal nonconforming portable freestanding signs shall be removed within one year of adoption of this ordinance. Upon expiration of the sign amortization period, the nonconforming portable freestanding sign shall be removed by the owner without compensation. Upon determination that a sign is nonconforming, the enforcement officer shall issue written notice to the owner or user of the sign or to the owner of the property on which the nonconforming portable freestanding sign is located and either post the notice or publish the same in a newspaper of general circulation in the City of Big Bear Lake. The written notice shall require that the nonconforming portable freestanding sign be removed or altered to comply with the requirements of this chapter within thirty (30) days from the date of said notice. If the nonconforming portable freestanding sign remains thereafter, the city may proceed with abatement proceedings or other legal methods, with such costs of removal by the city to be charged against the owner. Nothing in this section shall preclude any owner or user from voluntarily conforming a nonconforming sign at any time prior to the expiration of the amortization period. For purposes of this section, written notification deposited in the U.S. mail, or personal delivery, or posting, or publication in a local newspaper shall constitute proper notice.
G. Inventory of Signs. Within six months of the date of adoption of this Ordinance the city planner shall cause to be performed an inventory of all on-premise and off-site directional signs within the city to identify those which are illegal or abandoned. For the purposes of this subparagraph, the term "illegal" denotes a sign which was erected without compliance with all ordinances and regulations in effect at the time of its construction and erection or use, and the term "abandoned" denotes a sign which remains in place or is not maintained for a period of one hundred eighty (180) days which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located (excluding seasonal businesses). When the inventory has been completed, the city planner shall report the actual cost of conducting that inventory to the city council so the council may by resolution provide for the recoupment of that cost in the manner authorized by Section 5491.2 of the Business and Professions Code, if desired. Upon completion of the required inventory, the city shall consider at a public hearing with the opportunity for public comment, whether there is a need for the ordinance or regulation that prohibits the use of any on-premises advertising display to take effect. No later than sixty (60) days after six months after the date of adoption of this Ordinance, the city shall commence abatement as provided in this section of the illegal and abandoned signs identified by the inventory.
H. Nonconforming Signs Abatement. Nonconforming signs which may be abated without payment of compensation. Any sign which does not comply with the requirements of this chapter and which may be abated without the payment of compensation pursuant to Section 5497 or 5498 of the Business and Professions Code shall be brought into compliance with the requirements of this chapter as soon as may reasonably be accomplished and in no event later than twelve (12) months after the date of adoption of this ordinance, unless such period is extended by the planning commission for good cause shown. Any such sign which is not brought into conformance with the requirements of this chapter within that time shall be deemed to be a public nuisance pursuant to California Government Code Section 38771 and shall be abated in accordance with the city's nuisance abatement procedures.”
SECTION 8: Code Amendment to Chapter 17.12. All references to the word “noncommercial” shall be respelled to read as “noncommercial” throughout Chapter 17.12 of Title 17 of the Big Bear Lake Municipal Code.
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 10th day of June, 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 PORTIONS OF CHAPTER 17.12
(SIGNS) OF TITLE 17 (LAND USE) OF THE BIG BEAR LAKE MUNICIPAL
CODE REGARDING TEMPORARY NONCOMMERCIAL SIGNS BY,
AMONG OTHER THINGS, REVISING AND CLARIFYING DEFINITIONS,
DEVELOPMENT STANDARDS, AND ENFORCEMENT PROCESSES,
MAKING OTHER CHANGES TO ENSURE CONSISTENCY WITHIN THE
CHAPTER, 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 10th day of June, 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