City of Big Bear Lake
City of Big Bear Lake
CITY COUNCIL
MEETING AGENDA JANUARY 11, 2010
COUNCILMEMBERS
Mayor Elizabeth Harris Mayor Pro Tern Bill Jahn Councilmember Rick Herrick Councilmember Michael Karp Councilmember Darrell Mulvihill
CITY STAFF
City Manager Jeff Mathieu City Attorney Steve Deitsch Chief Operations Officer Kathleen Smith City Clerk Katherine Jefferies
ORDER OF BUSINESS
Open Session 6:30 p.m.
39707 BIG BEAR BOULEVARD Big Bear Lake, California City of Big Bear Lake
INFORMATION FOR THE PUBLIC The City Council meets regularly on the second and fourth Monday of the month at 6:30 p.m. in the Council Chambers located at 39707 Big Bear Blvd. Members of the City Council also sit as the Fire Protection District Board and the Improvement Agency
PROCEDURE TO ADDRESS THE CITY COUNCIL, FIRE BOARD OR IMPROVEMENT AGENCY The Council, Fire Board and improvement Agency encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement.
PUBLIC COMMUNICATIONS The public may address the Council, Fire Board or Agency by completing a speaker card and submitting it to the City Clerk. The speaker cards are located on the table in the back of the 'Chambers. During "Public Communications," your name will be called. Please step to the microphone and give your name and city of residence for the record before proceeding. All remarks shall be addressed to the Council as a body only. No person other than a member of the Council and the person having the floor shall enter in to any discussion without the permission of the Presiding Officer. Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City, There is a three minute maximum time limit when addressing a respective board.
DISCUSSION/ACTION ITEMS Speakers shall follow the same requirements as under Public Communications, however, cards, submitted after the Council begins to discuss an item will be subject to the Presiding, Officer seeking, consensus from the Council to consider hearing from the speaker, and if permitted, the speaker will have one minute to provide his/her comments.,
PUBLIC HEARINGS A speaker card must be completed and speakers must follow the three minute maximum time limit. Applicants will be given ten minutes to present their item to the Council and/or address questions brought before the Council from members of the public. The Presiding Officer may entertain a motion to extend the applicant's time if needed. Speaker cards submitted after the close of the Public Hearing are subject to the guidelines as stated above.
Any handouts for the respective board shall be given to the City Clerk for distribution.
PLEASE NOTE: Agenda related writings or documents provided to the City Council are available for public inspection in the office of the City Clerk, at www.citybigbearlake.com , and in the binder located at the Receptionist Desk in the City Hall Lobby at 39707 Big Bear Boulevard during regular business hours, 8:00 a.m. to 5!00 p.m., Monday— Friday.
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. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. City of Big Bear Lake
REGULAR MEETING AGENDA
CITY OF BIG BEAR LAKE CITY COUNCIL JANUARY 11, 2010
Regular Session 6:30 p.m, Hofert Hall
OPEN SESSION
CALL TO ORDER
MOMENT OF SILENCE/PLEDGE OF ALLEGIANCE
ROLL CALL Herrick, Karp, Mulvihill, Jahn, Harris
Please Note: Agenda items may be moved at the discretion of the City Council.
ANNOUNCEMENTS & UPCOMING EVENTS
Event Calendar for the Performing Arts Center (For tickets please contact the box office at (909) 866-4970 or visit www.citvbigbearlake.com unless noted otherwise) • Friends of Fawnskin present "A Sentimental Journey with Nancy Walker" — February 27.
PRESENTATIONS
Presentation of Certificates of Recognition to Jose and Theresa Vazquez, Mike and Vicky Roney, Fred and Linda Goldsmith, and Kat Sawyer for their participation toward making "Christmas in the Village" a huge success.
Presentation of a 15-year City Employee Pin to Don Bartell, Public Works Street Maintenance Crew Leader.
COUNCILMEMBER GENERAL ANNOUNCEMENTS (Comments shall pertain to items not on the posted agenda and are limited to three minutes per Councilrnember.)
CITY COUNCIL AGENDA PAGE 2 JANUARY 11, 2010
PUBLIC COMMUNICATIONS: (Public comment is permitted only on items not on the posted agenda that are within the subject matter jurisdiction of the City. Please note that State law prohibits the City Council, Fire Protection District or Improvement Agency from taking any action on items not listed on the agenda. There is a three minute maximum time limit when addressing the respective Board during this time period.)
1. CITY COUNCIL CONSENT CALENDAR
1.1 Approval of Demands — Check Issue Date 12/08/09 through 01/04/10 — Check Nos. 49138 through 49514 in the amount of $1,962,732.68 .
1.2 Continuance of the Declaration of Local State of Emergency
Council consideration of continuing the Declaration of the Local State of Emergency due to the drought and Bark Beetle infestation.
1.3 An Ordinance Prohibiting the Issuance of Any Business License to Medical Marijuana Dispensaries and other Businesses, Operations and Uses Prohibited by Federal or State Law
Council consideration of adopting an ordinance amending Title 5 of the Big Bear Lake Municipal Code by adding Chapter 5.99, prohibiting the issuance of any business license to medical marijuana dispensaries and other businesses, operations and uses that are prohibited by Federal or State Law, and finding that the action is exempt from the California Environmental Quality Act (CEQA).
1.4 Boulder Bay Park Phase II Improvements — Fishing Dock Grant
Council consideration of approving a Public Access Program Agreement with the State of California/Wildlife Conservation Board for a Fishing Pier at Boulder Bay Park, and adoption of a resolution authorizing the City to enter into the agreement.
1.5 Tahoe Sewer Main Replacement Project
Council consideration of awarding a construction contract to T.B.U. Inc., for the Tahoe Sewer Main Replacement Project, in the amount of $488,577.50; reject all other bids and any protests received; and, authorize staff to contract for inspection and construction engineering services. CITY COUNCIL AGENDA PAGE 3 JANUARY 11, 2010
1.6 Approval of the Minutes from the Meeting of October 26, 2009
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. PUBLIC HEARINGS
Any person may appear and be heard in support or opposition to the proposal at the time of the meeting. If you challenge the action in court, you may be limited to raising only those issues which you or someone else raised at the public meeting described in the notice, or in written correspondence delivered to the City at or before the public meeting.
2.1 Extension of a Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries
Council consideration of adopting an ordinance establishing a moratorium on the establishment and operations of medical marijtiana dispensaries pursuant to Government Code Section 65858 and finding that the action is exempt from the California Environmental Quality Act (CEQA).
2.2 Bail Schedule Related to Parking Violations
After the public hearing notice was published it was found that this matter was not required to be brought before the City Council, however, members of the public will be given an opportunity to address the Council, if they so choose.
3. DISCUSSION/ACTION ITEMS
3.1 Department of Water & Power Capacity Charges and Administrative Fees
Council consideration of introduction and first reading of an ordinance to modify Capacity Charges, Water Demand Offset Capacity Charges, Meter Installation Fees and Administrative Fees and repeal Sections 2, 3, 4 & 5 of Ordinance No. 2007-368.
CITY COUNCIL BUSINESS
Board and Committee Reports
ADJOURNMENT 1 = I
City of Big Bear Lake
Checks Issued 12/8/09 through 1/4/10
Check# Vendor/Employee Date ACH CYlwik Property Management 12/14/09 12,790.82 ACH Cylwik Property Management 12/17/09 15,104.65 ACH Carol Coalson 1/4/10 47.00 ACH Jeff Mathieu 12/9/09 1,500.00 ACH Jeff Mathieu 12/21/09 1,500.00 49138 Bank of America 12/9/09 4,708.59 49139 City of Big Bear Lake 12/9/09 178.34 49237 Bonnie Canty 12/9/09 628.38 49238 High Sierra Property Group 12/9/09 18.00 49239 Hogle-Ireland, Inc. 12/9/09 7,065.00 49241 Big Bear Masonic Lodge 12/10/09 718.60 49244 Bonnie Canty 12/10/09 229.72 49245 Charter Communications 12/10/09 2,751.00 49247 St Columba's Episcopal Church 12/10/09 9,285.70 49248 Ludecke's Electrical Service 12/14/09 5,300.00 49249 Rubberized Crackfiller 12/14/09 115,495.17 49250 San Bernardino Retirement Assoc 12/15/09 (0.05) 49251 BBARWA 12/15/09 1,175,607.93 49252 San Bernardino Clerk of the Board 12/15/09 50.00 49253 San Bernardino Clerk of the Board 12/15/09 50.00 49254 San Bernardino Clerk of the Board 12/15/09 50.00 49255 US Bank Corporate Payment Systems 12/15/09 3,534.68 49256 Valero Marketing & Supply Co 12/15/09 986.80 49335 12 Miles Out.com 12/17/09 1,200.00 49336 Addiction Medicine Consultants, Inc 12/17/09 1,190.00 49337 Advanced Internet Security, Inc. 12/17/09 124.50 49338 All Protection Alarm 12/17/09 2,315.00 49340 Tammy Arden 12/17/09 39.11 49344 Avalon Building Maintenance of Inland Empire 12/17/09 3,050.00 49346 Barnett Transportation, Inc 12/17/09 617.50 49347 BBARWA 12/17/09 3,031.22 49348 Bear Valley Electric 12/17/09 13,539.75 49349 Best Best & Krieger LLP 12/17/09 13,014.13 49350 Big Bear Disposal Inc 12/17/09 141,089.09 49352 Big Bear Traction 12/17/09 959.45 49353 Blais & Associates 12/17/09 619.41 49354 Butchers Blocks & Building Mat 12/17/09 243.00 49355 CACEO 12/17/09 225.00 49356 Caldwell Electric 12/17/09 6,302.00 49357 David Caretto 12/17/09 200.00 49359 Micah Chappell 12/17/09 64.61
Page 1 of 4 City of Big Bear Lake
Checks Issued 12/8/09 through 1/4/10
Check# Vendor/Employee Date 49361 Chuck's Inspection Service 12/17/09 1,980.00 49363 San Bernardino County Sheriffs Dept 12/17/09 181,417.00 49364 San Bernardino County Vehicle Svcs Dept 12/17/09 3,123.25 49365 Cutting Edge Supply 12/17/09 721.06 49366 Rosemary E De Lap 12/17/09 149.53 49366 Rosemary E De Lap 12/17/09 268.98 49367 James A DeGroot 12/17/09 200.00 49368 City of Big Bear Lake Dept of Water & Power 12/17/09 1,150.28 49369 E&M/Susie's Towing 12/17/09 350.00 49370 Ford Motor Credit Company 12/17/09 1,662.44 49371 Fox Farm Auto Spa 12/17/09 72.50 49373 Generator Services Ca, Inc 12/17/09 906.49 49376 The Grizzly 12/17/09 107.05 49379 Mark Harris 12/17/09 150.00 49381 Travis Hodges 12/17/09 64.61 49382 Hogle-Ireland, inc. 12/17/09 13,436.03 49383 Holland Equipment Company 12/17/09 15,712.20 49384 Inland Kubota, Inc 12/17/09 180.05 49385 Intelesys Communications 12/17/09 248.75 49389 Kantola Productions 12/17/09 176.41 49392 Suzzanne Kozma 12/17/09 3,269.40 49394 Richard A Lambert 12/17/09 200.00 49395 Lance Soli & Lunghard 12/17/09 3,250.00 49396 LOR Geotechnical Group Inc 12/17/09 3,112.00 49397 Ludecke's Electrical Service 12/17/09 725.00 49400 Mission Linen Supply 12/17/09 796.07 49401 Mountain Beverage Service 12/17/09 88.70 49403 NAPA Auto Parts 12/17/09 951.35 49404 Neopost Leasing 12/17/09 799.54 49405 OnTrac 12/17/09 249.01 49406 Q.W. Express 12/17/09 369.00 49408 R Moody Construction, Inc. 12/17/09 40,185.45 49409 Radio Shack Corporation 12/17/09 52.18 49412 Robertson's Ready Mix 12/17/09 57.37 49413 Rosenow Spevacek Group, Inc. 12/17/09 3,915.00 49414 RRM Design Group 12/17/09 4,025.00 49415 Seat Advisor 12/17/09 976.95 49416 Craig Smith 12/17/09 200.00 49417 Kathy (Secretary) Smith 12/17/09 302.31 49418 Stangrs Glass 12/17/09 295.00 49420 Steven Enterprises, Inc 12/17/09 199.65
Page 2 of 4 City of Big Bear Lake
Checks Issued 12/8/09 through 1/4/10
Check# Vendor/Employee Date 49421 Street Decor 12/17/09 4,982.59 49422 The Master's Touch 12/17/09 204.45 49423 Midean Toth 12/17/09 27.19 49425 Trinity Construction 12/17/09 14,416.20 49427 Underground Service Alert 12/17/09 102.00 49429 US Post Office 12/17/09 1,020.00 49430 Verizon California 12/17/09 2,461.98 49431 Verizon Wireless 12/17/09 52.35 49433 Willdan 12/17/09 2,001.25 49435 Anne Zimmerman 12/17/09 200.00 49436 Randy Champion 12/21/09 368.63 49437 Road Machinery 12/21/09 15,724.95 49438 G & G Mechanical 12/23/09 1,120.00 49439 California State Water Resources Control 12/23/09 3,600.00 49440 James JAsh 12/29/09 600.00 49441 Dave Delay 12/29/09 1,065.00 49442 Randazzo Construction 12/29/09 2,312.50 49447 Southwest Gas Corp 12/30/09 3,578.96 49448 Verizon Wireless 12/30/09 2,289.76 49449 San Bernardino County Sheriff's Dept 1/4/10 27,921.67 49450 City of Big Bear Lake 1/4/10 65.97 49451 Bear Valley Electric 1/4/10 6,872.25 49452 Bear Valley Fabricators 1/4/10 65.40 49453 Bear Valley Paving 1/4/10 3,500.00 49454 Big Bear Cool Cabins 1/4/10 175.00 49455 Big Bear City Saw Works 1/4/10 204.91 49456 Big Bear Traction 1/4/10 374.29 49457 Advanced Internet Security, Inc. 1/4/10 1,100.55 49458 All Protection Alarm 1/4/10 4,240.00 49459 All Star Glass 1/4/10 212.06 49460 All Valley Environmental 1/4/10 165.00 49461 Priscilla Anderson 1/4/10 50.00 49462 Tammy Arden 1/4/10 124.20 49463 Bear City Glass Co Inc 1/4/10 176.09 49464 Christine Bennett 1/4/10 16.50 49465 Jeff Bright 1/4/10 25.00 49466 Butchers Blocks & Building Mat 1/4/10 1,518.70 49467 Robert Caraveo 1/4/10 43.49 49468 David Caretto 1/4/10 200.00 49469 Car Quest Auto Parts 1/4/10 435.14 49471 Chuck's Inspection Service 1/4/10 1,260.00
Page 3 of 4 City of Big Bear Lake
Checks Issued 12/8/09 through 1/4/10
Check# Vendor/Employee Date 49473 Creative Color Printing 1/4/10 203.58 49474 Dapeer Rosenblit & Litvak LIP 1/4/10 2,066.97 49475 James A DeGroot 1/4/10 200.00 49476 DIM Associates 1/4/10 52.77 49478 Janice Etter 1/4/10 173.47 49480 Fasse Valves 1/4/10 433.50 49481 FedEx 1/4/10 14.73 49484 GMAT Inc. 1/4/10 5.00 49485 The Grizzly 1/4/10 807.75 49486 Judicial Data Systems Corp 1/4/10 100.00 49489 Knight Plumbing Service 1/4/10 103.65 49490 Richard A Lambert 1/4/10 200.00 49491 David Lawrence 1/4/10 41.10 49492 Ludecke's Electrical Service 1/4/10 2,146.46 49493 Mission Linen Supply 1/4/10 369.49 49495 Orange Coast Title Co 1/4/10 20.00 49497 Randazzo Construction 1/4/10 990.00 49499 Riffenburgh Lumber Co 1/4/10 176.53 49502 1-16r-old & Sheila Schoettger 1/4/10 4,570.00 49504 Craig Smith 1/4/10 200.00 49505 Kathy (Secretary) Smith 1/4/10 169.38 49506 Smith Surveying Company 1/4/10 6,900.00 49508 Towsley Welding & Fabrication 1/4/10 39.79 49510 Verizon California 1/4/10 410.44 49511 Verizon Wireless 1/4/10 224.33 49512 Willdan 1/4/10 5,520.00 49514 Anne Zimmerman 1/4/10 200.00 1,962,732.68
Page 4 of 4
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C 4, 4, C W C ' C) 0 fp ID al "3 "3 0 CO 0 MI tO a) c .v. 12 2 2 To 24 2 --2 on 00 N r4 xxt nntrnai X X CO 4 4 o ‘.- 1 u c_., in oo ,-1 H (-1 u M Lel 1/1 < < " tr) .a. .1- < < Crl Cr) 01 0) 01 1.71 al u) cn C) vt .4- a a attaaa d n r d n Fu t Bea Fu ig jec t B c - Pro e ice Proje v idg Ser Bear bt ig Moonr B De IA IA IA AGENDA REPORT item No 1 3 MEETING DATE: January 11, 2010 TO: Honorable Mayor and Members of the City Council FROM: Jeff Mathi y Manager REVIEWED BY: Kathleen 'mith, Chief Operations Officer INITIATED BY: James J. Miller, Director of Building and Planni PREPARED BY: Janice Etter, City Planner ife.)6 SUBJECT: SECOND READING OF AN ORDINANCE AMENDING TITLE 5 OF THE MUNICIPAL CODE TO PROHIBIT THE ISSUANCE OF ANY BUSINESS LICENSE TO MEDICAL MARIJUANA DISPENSARIES AND OTHER BUSINESSES, OPERATIONS AND USES PROHIBITED BY FEDERAL OR STATE LAW. BACKGROUND On December 14, 2009, the City Council conducted a first reading of an ordinance adding a new chapter to the Municipal Code to prohibit the issuance of a business license to businesses, operations, or uses which are in violation of Federal or State law in instances where no land use permit is required. This provision would apply to medical marijuana dispensaries. Cities where medical marijuana dispensaries have been permitted to operate have experienced significant problems, including an overabundance and overconcentration of such uses, crimes and other illegal activities. Staff believes these adverse secondary effects of allowing businesses that are contrary to Federal or State law are detrimental to the public health, safety, and welfare of the citizens of and visitors to the City. Therefore, a new Municipal Code chapter, Chapter 5.99, is proposed to be added to Title 5, Business Licenses, Taxes and Regulations, which would prohibit the issuance of any business license to any business, operation, or use that is in violation of or contrary to Federal or State law throughout the City. COUNCIL ACTION: Katherine E. Jefferies, City Clerk AGENDA REPORT: Amend Title 5 of Municipal Code January 11, 2010 Page 2 No public comments were received and no changes were proposed to the draft Ordinance at the first reading. The proposed Ordinance is attached to this Agenda Report as Attachment 1. RECOMMENDATION Staff has reviewed the ordinance for conformance with the California Environmental Quality Act (CEQA) and determined that the ordinance is not subject to CEQA pursuant to Section 15060(c)(3) and Section 15061(b)(3) of the State CEQA Guidelines. A Notice of Exemption is attached as Attachment 2. Staff recommends that the City Council conduct a second reading and adopt the Ordinance, finding the Ordinance categorically exempt from the California Environmental Quality Act and amending Title 5 of the Municipal Code to add a new Chapter 5.99, prohibiting the issuance of any business license to medical marijuana dispensaries and other businesses, operations and uses that are prohibited by Federal or State law. Staff further recommends that the City Council direct staff to file a Notice of Exemption with the Clerk of the Board of Supervisors for San Bernardino County; and direct the City Clerk to publish the Ordinance within fifteen (15) days after its passage, at least once, in a newspaper of general circulation, published and circulated in the City of Big Bear Lake, California. This ordinance shall take effect thirty (30) days after its final passage. Attachment: 1. Ordinance No. 2010-xxx, amending Title 5 of the Municipal Code to add a new Chapter 5.99 2. Notice of Exemption N:12-Group\Planning\Municipal Code Amendment 2009 — Medical MarijuanalOrd Amending Title 5 prohibiting Med Marijuana Dispensaries\ Second reading cc report.doc AGENDA REPORT: Amend Title 5 of Municipal Code January 11, 2010 Page 3 ATTACHMENT 1 ORDINANCE NO. 2010-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, CALIFORNIA AMENDING TITLE 5 OF THE MUNICIPAL CODE TO ADD A NEW CHAPTER 5.99 TO PROHIBIT THE ISSUANCE OF BUSINESS LICENSES TO MEDICAL MARIJUANA DISPENSARIES AND OTHER BUSINESSES, OPERATIONS AND USES PROHIBITED BY FEDERAL OR STATE LAW THROUGHOUT THE CITY WHEREAS, the sale and distribution of marijuana is prohibited by Federal law, specifically Title 21 of the United States Code (U.S.C.) Sections 812 and 841, part of the Controlled Substances Act; and WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which is codified as Health and Safety Code Section 11362.5, et. seq. and entitled the Compassionate Use Act of 1996 (the "Act"); and WHEREAS, the intent of the Act was to enable persons who are in need of marijuana for medicinal purposes to obtain and use it under limited, specified circumstances; and WHEREAS, on May 14, 2001, in U.S. v. Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483, the United States Supreme Court held that there was no exemption for medical necessity from the Controlled Substances Act's prohibition on the sale and distribution of marijuana; and WHEREAS, on January 1, 2004, California Senate Bill 420 ("SB 420") went into effect. SB 420 was enacted to clarify the scope of the Act and to allow California cities to adopt and enforce rules and regulations consistent with SB 420 and the Act. These new regulations and rules became known as the Medical Marijuana Program, which enhanced the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects; and WHEREAS, the United States Supreme Court, in Gonzales v. Raich, 545 U.S. 1 (2005), confirmed the validity of the Controlled Substances Act prohibition of the sale and distribution of marijuana and the application of the Act in California, notwithstanding the possible medicinal uses of marijuana and the limited authorization for sale and distribution of marijuana created by California State Law, noting that California's system of limited decriminalization for medical marijuana is susceptible to abuse, and confirmed that California's medical marijuana laws are superseded by the Controlled Substances Act to the extent that they conflict with the Act; and WHEREAS, these collective case decisions reveal an unresolved conflict between Federal and State law as to the legality of the Act, SB 420, the Medical Marijuana Program, and consequently, medical marijuana dispensaries; and AGENDA REPORT: Amend Title 5 of Municipal Code January 11, 2010 Page 4 WHEREAS, the Big Bear Lake Development Code, Section 17.01.030 (F) states that "No land shall be developed nor shall any use be approved or initiated or permit approved which is not in conformance with all applicable Federal, State, or County adopted plans, regulations, or programs, including, but not limited to, National Pollution Discharge Elimination System (NPDES) and San Bernardino County Hazardous Waste Management Plan;" and WHEREAS, the City Council wishes to strengthen this provision and include a new chapter in the Big Bear Lake Municipal Code to prohibit the issuance of a business license to businesses, operations, or uses in instances where no land use permit is required; and WHEREAS, cities where medical marijuana dispensaries have been permitted to operate have experienced significant problems, including an overabundance and overconcentration of such uses, burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of dispensaries, illegal re-selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, dispensary staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to dispensary customers, dispensary customers using marijuana and then driving under the influence of marijuana, the selling of illegal drugs other than marijuana in the dispensaries, and the selling of marijuana to minors; and WHEREAS, the City Council wishes to ensure that all uses, operations, and businesses within the City are permitted under both Federal and State law, in order to protect the public health, safety and welfare of the citizens of and visitors to the City of Big Bear Lake; and WHEREAS, the City Council recognizes that certain uses of land, operations, and businesses may be prohibited under Federal or State law, but not both; and WHEREAS, on December 14, 2009, the City Council conducted a first reading on the proposed ordinance and passed the ordinance to a second reading; and WHEREAS, on January 11, 2010, the City Council conducted a second reading and adopted the ordinance on this date. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS: SECTION I. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Ordinance, are true and correct. SECTION 2. The City Council hereby finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(3) and Section 15061(b)(3) of the State CEQA Guidelines because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on AGENDA REPORT: Amend Title 5 of Municipal Code January 11, 2010 Page 5 the environment. Staff is directed to file a Notice of Exemption with the Clerk of the Board of Supervisors of San Bernardino County. SECTION 3. Based on substantial evidence presented to the City Council during the December 14, 2009, and January 11, 2010, public meetings, including public testimony and written and oral staff reports, the City Council specifically finds as follows: 1. This Ordinance is consistent with the General Plan and Municipal Code Title 17 (known as the Development Code) of the City of Big Bear Lake because no provision contained within the General Plan or Title 17 (Development Code) permits the establishment of medical marijuana dispensaries or any other business, operation, or use that is prohibited by Federal and State law. Big Bear Lake Municipal Code Section 17.01.030 (F) specifically states that "No land shall be developed nor shall any use be approved or initiated or permit approved which is not in conformance with all applicable Federal, State, or County adopted plans, regulations, or programs, including, but not limited to, National Pollution Discharge Elimination System (NPDES) and San Bernardino County Hazardous Waste Management Plan". The City Council wishes to include a provision in the Municipal Code to prohibit the issuance of a business license to businesses, operations, or uses in instances when no land use permit is required. 2. This Ordinance promotes the general health, safety, and welfare of the citizens of and visitors to, the City of Big Bear Lake because it will avoid the adverse secondary impacts created by medical marijuana dispensaries, including an overabundance and overconcentration of such uses, burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of such dispensaries, illegal re-selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, dispensary staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to dispensary customers, dispensary customers using marijuana and then driving under the influence of marijuana, the selling of illegal drugs other than marijuana in the dispensaries, and the selling of marijuana to minors. This Ordinance will also ensure that land uses that are illegal under Federal or State law, but not both, will not be established within the City of Big Bear Lake. SECTION 4. The City of Big Bear Lake Municipal Code, Title 5 — Business Licenses, Taxes and Regulations, is hereby amended to add a new Chapter 5.99. to read as follows: AGENDA REPORT: Amend Title 5 of Municipal Code January 11, 2010 Page 6 "Chapter 5.99 Prohibition of Businesses, Operations or Uses that Violate Federal or State Law 5.99.010 Activities Prohibited by Federal or State Law. The City of Big Bear Lake shall not issue any business license for any business, operation or use that is or would be in violation of, or contrary to, Federal or State law." SECTION 5. If any section, subsection, subdivision, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof, The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases to be declared unconstitutional, invalid, or ineffective. SECTION 6. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once, in a newspaper of general circulation, published and circulated in the City of Big Bear Lake, California, This ordinance shall take effect thirty (30) days after its final passage. PASSED, APPROVED AND ADOPTED this th day of , 2010. AYES: NOES: ABSENT: ABSTAIN: Date Elizabeth Harris, Mayor ATTEST: REVIEWED AND APPROVED: Katherine E, Jefferies, CMC Best Best & Krieger LLP City Clerk City Attorney AGENDA REPORT: Amend Title 5 of Municipal Code January 11, 2010 Page 7 ATTACHMENT 2 NOTICE OF EXEMPTION FROM: Planning Department TO: Clerk of the Board of Supervisors City of Big Bear Lake County of San Bernardino 385 N. Arrowhead Avenue, 2nd Floor P. 0. Box 10000 San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900 Project Title: Ordinance No. 2010-xxx amending Title 5 of the Municipal Code to add a new Chapter 5.99. Project Location - Specific: City-wide Description of Proj ect: Ordinance No. 2010-xxx amending Title 5 of the Municipal Code to add a new Chapter 5.99 to prohibit the issuance of business licenses to medical marijuana dispensaries and other businesses and uses prohibited by Federal or State law throughout the City. Name of Public Agency Approving Project: City Council, City of Big Bear Lake Exempt Status: (check one) (State type and section number) XX Statutory Exemption. Sections: 15060(c)(3) and 15061(b)(3) Reasons why project is exempt: The ordinance is not subject to the CEQA pursuant to Section 15060(e)(3) and Section 15061(b)(3) of the State CEQA Guidelines because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and there is no possibility that this Ordinance may have a significant adverse effect on the environment. Lead Agency or Contact Person: Area Code/Telephone/Extension Janice Etter (909) 866-5831 Date: January 11, 2010 Signature: AGENDA REPORT Item No MEETING DATE: January 11, 2010 TO: s Honorable Mayor and Members of the City Council FROM: Jeff M 'ty Manager REVIEWED BY: Kathlee S 'th, Chief Operations Officer PREPARED BY: David Lawrence, Director of Public Works/City Engineer SUBJECT: BOULDER BAY PARK PHASE II IMPROVEMENTS- FISHING DOCK GRANT DISCUSSION: As part of the City's effort to offset the cost of the construction of the Boulder Bay Park Phase II Improvements, staff has been looking for opportunities for additional grants. We discovered that the Wildlife Conservation Board has a grant opportunity to pay for the fishing dock that is currently included in the approved plans for Boulder Bay Park Phase II. The City of Big Bear Lake is being recommended for the grant from the Wildlife Conservation Board in the amount of $132,000. This recommendation will be presented to the Wildlife Conservation Board on February 251h, 2010 for final approval. With that, the City is requested to provide a resolution approving the attached agreement and authorize the City Manager to sign the agreement. FISCAL IMPACT: Funding for this project was included in the FY 09/10 capital project budget. On September 28, 2009 City Council approved a budget which included $350,000 from the State of California Resources Agency Environmental Enhancement Program, $264,704.01 from the Improvement Agency, $150,000 from Developer Impact Fee's and $150,000 from Measure Y. We have since issued change orders to forgo the bollards and related electrical wiring which was a saving of $110,000. Through value engineering, we saved another $32,000 on various items. Also, we removed the fishing dock from the bid ($132,000) in anticipation of this grant opportunity. COUNCIL ACTION: Katherine E. Jefferies; City Clerk AGENDA REPORT: Boulder Bay Park Phase II Improvements — Fishing Dock Grant January 11, 2010 Page 2 Current Budget Description Budget Construction Budget (Fishing Dock included) $1,115,747.45 Value engineering ($32,000.00) Bollards and related electrical wiring ($110,880.00) Fishing Dock ($132,000.00) Contingency (10%) $92,975.00 Inspection and Const. Engineering (10%) $92,975.00 Current Construction Cost $1,026,817.45 After the grant is approved on February 25 th, 2010, we will bring a revised budget for the overall construction which will include the fishing dock for City Council approval. We are confident this project can be brought in on time and within the available funding. RECOMMENDATION: Staff recommends the City Council: . Authorizes the City Manager or designee as agent of the City of Big Bear Lake to sign the Public Access Program Agreement and any amendments thereto; 2. Adopt Resolution 2010- XX for the grant at Boulder Bay Park for the Fishing Dock. Attachments: A. Wildlife Conservation Board Grant Agreement; B. Resolution 2010-XX for the grant at Boulder Bay Park for the Fishing Dock. WILDLIFE CONSERVATION BOARD GRANT AGREEMENT WC 9012 DM Between STATE OF CALIFORNIA/WILDLIFE CONSERVATION BOARD and CITY OF BIG BEAR LAKE for BOULDER BAY FISHING PIER San Bernardino County State of California Natural Resources Agency Wildlife Conservation Board Department of Fish and Game Boulder Bay Fishing Pier Page i WC-9012 DM 2009104 GRANTEE: City of Big Bear Lake Project Director: David Lawrence 39707 Big Bear Boulevard P.O. Box 10000 Big Bear Lake, California 92315 (909) 866-5831 GRANTOR: State of California, Wildlife Conservation Board State Project Manager: David Means Wildlife Conservation Board 1807 13th Street, Suite 103 Sacramento, California 95811 (916) 445-1095 Facsimile: (916) 323-0280 Email: [email protected] LANDOWNER: City of Big Bear Lake 39707 Big Bear Boulevard P.O. Box 10000 Big Bear Lake, California 92315 (909)-866-5831 Grant Agreement No.: WC- 9012 DM Terms of Agreement: Capital Improvements: February 25, 2010 through February 25, 2011 Management: February 25, 2010 through February 25, 2035 Project Life: Twenty-five years Project ID: 2009104 FUNDING CERTIFICATION hereby certify that sufficient funds are available to award this grant. `Am AATD DLO Vail k-t1D1 Fiscal Officer Date: Grant Amount: $132,000.00 Fund Source: Wildlife Restoration Fund Appropriation Item: Chapter 268, Statutes of 2008, 3640-301-0447 Reappropriation Item: Chapter 1, Statutes of 2009, 3640-491 Expenditure Code: 09-1000-861-20060 Boulder Bay Fishing Pier Page 1 WC-9012 DM 2009104 1. SCOPE OF THE AGREEMENT Pursuant to Chapter 4.0 Wildlife Conservation Law of 1947 of the California Fish and Game Code, and the approval granted by the Wildlife Conservation Board on February 25, 2010, the Wildlife Conservation Board (Grantor) hereby grants to the City of Big Bear Lake, (Grantee) a sum not to exceed One Hundred and Thirty Two thousand dollars ($132,000.00), subject to the terms and conditions of this Grant (Agreement). 2. PURPOSE OF THE GRANT The purpose of this Agreement is to provide local assistance funding for development of fishing access improvements in the City of Big Bear Lake, Boulder Bay Park, located in San Bernardino County, as shown on the attached Exhibit A - LOCATION MAP, using funds allocated from the Wildlife Restoration Fund pursuant to the Wildlife Conservation Law of 1947 for the development of wildlife oriented public access improvements in cooperation with local agencies. 3. AMOUNT AND PROCEDURE FOR PAYMENT 3.1 In consideration for the satisfactory completion of the services described herein, the Grantor agrees to pay the Grantee, in arrears, upon receipt of an invoice in triplicate, including backup subcontractor invoices, for services rendered under this Agreement. The amount payable under this Agreement shall be for approved budgeted items and shall not exceed $132,000.00. Payments shall be made not more frequently than monthly in arrears. Payment shall be contingent upon receipt of an invoice received and approved by the Grantor's representative. The invoice must be submitted on Grantee's letterhead, signed by the authorized representative and include a written description of the work completed during the period of the invoice. 3.2 Invoices must be itemized using the same categories included in the attached budget entitled Exhibit B - BUDGET, which is incorporated herein and made a part hereof by reference. Exhibit C INVOICE TEMPLATE, provides the format to use for submitting invoices to the Grantor for payment. Each invoice shall contain supporting or back-up documentation for all charges on the invoice, including receipts for all materials and supplies, all Grantee staff time shown by number of hours worked and hourly rate, and all sub-contractor services. The Grantor may withhold ten percent (10%) from each payment until the Grantor has approved the acceptance of the project. 3.3 Upon completion of the work and responsibilities included within this Agreement as outlined under "Statement of Work/Grantee's Responsibility," and upon approval of all work by the State Project Manager, the Grantee may submit an invoice requesting the ten percent (10%) retention. Invoices should be sent to: Boulder Bay Fishing Pier Page 2 WC-9012 DM 2009104 Wildlife Conservation Board 1807 13th Street, Suite 103 Sacramento, California 95811 Attn: Dave Means 3.4 The Grantee agrees to submit all final billings within thirty (30) days after completion of the project. 4. BUDGET Prior to approval of the Agreement by the Grantor, Grantee shall disclose all funding sources for the project and shall include all amounts applied for/or obtained for the project. These amounts shall be reflected in the BUDGET by BUDGET categories. lithe Grantee determines during the project term that funds from other sources cannot be obtained or will not be used, the Grantee will notify the Grantor immediately. Should the Grantor become aware through any means that the Grantee did not disclose all funding sources for the project; the grant will be referred to the Department of Finance for a project audit. The attached BUDGET is an estimate of the Grantee's anticipated costs of performance. When actual project costs indicate that the costs of certain budget categories are higher than estimated, and these higher costs are offset by lower actual costs in other budget categories, the Grantee shall submit a written request to shift funds between approved budget categories. Contingencies shall be used only upon written request by the Grantee. The Grantor shall approve or deny the requested budget revision or use of contingencies in writing within 10 days of receipt of the Grantee's written request. The total reimbursement to the Grantee shall not exceed the total grant amount without written amendments, approved in writing by the Grantor. 5. COMMENCEMENT OF PROJECT AND DISBURSEMENT No funds shall be obligated or disbursed under this Agreement for any portion of the project funded by the Grantor until this grant proposal and Agreement have been approved by the Wildlife Conservation Board at a public meeting, and the Grantee has received a "Notice to Proceed" from the Grantor. The approval of the grant proposal and Agreement by the Grantor on February 25, 2010, if such approval is given, does not constitute authorization for the expenditure of project funds. No work items initiated prior to receipt of a Notice to Proceed will be reimbursed by the Grantor. Boulder Bay Fishing Pier Page 3 WC-9012 DM 2009104 6. STATEMENT OF WORK (Grantee Responsibility) 6.1. Based upon the attached design and specifications entitled Exhibit D - WORK PLAN, which is incorporated herein and made a part hereof by reference, the Grantee shall be responsible for all site design, site installation and construction activities. The Grantee agrees to complete all construction and restoration activities specified herein and in the WORK PLAN, which is incorporated herein and made a part hereof by reference by February 25, 2011. 6.2 The Grantee is responsible for recognizing the cooperative nature of this project and shall provide credit to the Grantor on signs, demonstrations, promotional materials, advertisements, publications or exhibits prepared by the Grantee referencing this project. Either a stand alone or project sign shall be installed for this project and shall be subject to the mutual agreement of the Grantor and Grantee regarding text, design and location. 6.3 The Grantee is responsible for obtaining all necessary permissions and approvals, and complying with all regulations, ordinances and statutes that apply to the project and any work performed pursuant to this Grant Agreement. 6.4 The Grantee agrees that within thirty (30) days following completion of the restoration and construction the Grantee will submit either five hard copies or one hard copy and one digital copy of a final report of accomplishments, including pre and post project photographs and a final design or site plan of the project pursuant to the Grant Agreement, to the Grantor. 6.5 If anytime during the 25 year period of this project, the Grantee believes the management practices should be modified, the Grantee shall contact the State Project Manager and discuss the proposed management changes. 6.6 The Grantee shall permit and ensure employees of the Grantor and it's representatives access to the subject property for purposes of project development, inspections and project monitoring during the life the project. Such access shall be mutually agreed to by the Grantee and the requesting agency and shall be preceded with a written or verbal request to the Grantee. At a minimum, the project site may be inspected once a year. 6.7 In the event of Grantee violation of the Grant conditions, the Grantor shall Boulder Bay Fishing Pier Page 4 WC-9012 DM 2009104 give notice to the Grantee, describing such violation. If the Grantee does not cure the violation, or fails to commence such cure described in the Grantor's notice within ninety (90) days, then Grantee shall be in violation of this Agreement. 6.8 If any of the terms and conditions of this Agreement are violated by the Grantee, the Grantor shall be reimbursed in an amount equal to that of the remaining portion of the grant. The reimbursement shall be determined by the following Payback Formula: "Payback Formula" Formula: Dollar amount of grant divided by the life of the project (Project Life), times the number of years remaining in the project. Example: A $50,000.00 grant is awarded for the restoration and enhancement of wetland and riparian habitat, and the Project Life is 25 years. With ten years remaining on the Project Life, if the Grantee is not able to carry out the provisions of the agreement, the following payback calculations would be made: ($50,000.00 ÷ 25 years) x 10 years = $20,000 Using this example, the Grantee would owe the Grantor $20,000. 7. TERMS OF GRANT AGREEMENT 7.1 Use of Subcontractors The Grantee is fully responsible for all work performed under this Agreement, including subcontracted work. Grantee shall submit subcontracts over $10,000 to the Grantor prior to commencing work. All agreements between the Grantee and subcontractors must be in writing. The grantee is responsible for ensuring this agreement contains language that establishes the right of the auditors of the State of California to examine the records of the subcontractor relative to the services and materials provided under this agreement. Boulder Bay Fishing Pier Page 5 WC-9012 DM 2009104 7.2 Liability The Grantee shall indemnify, protect, hold harmless, and defend the Wildlife Conservation Board and the State of California, and their respective officers, agents, and employees, against any and all claims, demands, damages, losses, costs, expenses, or liability arising out of the performance or failure to observe or perform any obligation of the Grantee under this agreement. 7.3 Amendments This Grant Agreement may be modified only upon written approval of the Executive Director of the Wildlife Conservation Board and the Grantee. No oral understanding or agreement not incorporated in this document shall be binding on any of the parties. 7.4 Accounting/Records/Audits The Grantee shall maintain financial accounts, documents, and records relating to the Grant Agreement. The accounting information must accurately reflect fiscal transactions so that the total cost of the project can be readily determined and records readily available upon demand. The Grantee must retain all project records for three years after final payment is made by the Grantor. The documents may be subject to examination and audit by the Wildlife Conservation Board or the State of California during this period. 7.5 Use of Grant Funds to Secure Additional Funding The Grantee agrees that the funding provided under this agreement shall not be used as matching funds for other grants, or to secure loans or other monetary awards without written approval from the Executive Director, Wildlife Conservation Board. Such approval shall not be unreasonably withheld as long as the purpose for which the grant was awarded is maintained. 7.6 Cancellation of Grant Agreement All parties to this agreement may terminate the agreement for any reason by providing the other parties with 30 days written notice. If the Grantor elects or agrees to terminate this agreement as provided herein, the Grantee shall take all reasonable measures to prevent further costs to the Grantor under this agreement. The Grantor shall be responsible for non-refundable obligations or expenses incurred by the Grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the unpaid balance of funding authorized in this agreement. Boulder Bay Fishing Pier Page 6 WC-9012 DM 2009104 7.7 Resolution of Grant Agreement Disputes The State Project Manager has initial jurisdiction over each controversy arising under or in connection with the interpretation, performance or payment under this agreement. The Grantee will diligently pursue with the State Project Manager a mutually agreeable settlement of any such controversy. if the controversy cannot be resolved at this stage, the Grantee must direct the grievance together with any evidence, in writing, to the Executive Director of the Wildlife Conservation Board. The grievance must state the issues in the dispute, the legal authority or other basis for the Grantee's position and the remedy sought. The Executive Director or designee shall meet with the Grantee to review the issues. A written decision signed by the Executive Director or designee shall be returned to the Grantee within twenty (20) working days of receipt of the Grantee's letter. 7.8 Drug-Free Workplace Certification By signing this grant agreement, the contractor or grantee hereby certifies under penalty of perjury under the laws of the State of California that the contractor or grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: 7.8.1 Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 7.8.2 Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: a) the dangers of drug abuse in the workplace; b) the person's or organization's policy of maintaining a drug-free workplace; c) any available counseling, rehabilitation and employee assistance programs; and, d) penalties that may be imposed upon employees for drug abuse violations. 7.8.3 Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: Boulder Bay Fishing Pier Page 7 WC-9012 DM 2009104 a) will receive a copy of the company's drug-free policy statement; and, b) will agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor or grantee may be ineligible for award of any future state contracts if the department determines that any of the following has occurred: (1) the contractor or grantee has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. 7.9 Union Organizing The Grantee, by signing this Agreement, hereby acknowledges the applicability of Government. Code 16645 through 16649 to this Agreement. Furthermore, the Grantee, by signing this Agreement, hereby certifies that: 7.9.1 No state funds disbursed by this Grant will be used to assist, promote or deter union organizing. 7.9.2 The Grantee shall account for state funds disbursed for a specific expenditure by this Grant, to show those funds were allocated to that expenditure. 7.9.3 The Grantee shall, where state funds are not designated as described in 7.9.2 above, allocate, on a pro-rata basis, all disbursements that support the grant program. 7.9.4 If the. Grantee makes expenditures to assist, promote or deter union organizing, the Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that the Grantee shall provide those records to the Attorney General upon request. 7.10 California Code Regulations State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain State grants administered by the California Wildlife Conservation Board and the California Department of Fish and Game are not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. For more details, please refer to California Fish and Game Code Section 1501.5 and to the Department of Industrial Relations (DIR) website at htto://www.dir.ca .00v. Boulder Bay Fishing Pier Page 8 WC-9012 DM 2009104 7.11 Data Storage All informational products (e.g. data, studies, findings, management plans, manuals, photos etc.) relating to California's natural environment and produced with the use of public funds shall be cataloged in the California Environmental Information Catalog (httplgis.ca.govicatalog) maintained by the CERES Program (www.ceres.ca.gov). 7.12 Constructive Notice The terms, conditions and restrictions of this agreement and the provisions of the project shall be binding upon, and inure to, the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the land for the Project Life, until February 24, 2035. A separate document, in a form substantially as shown in Exhibit F, Notice of Unrecorded Grant Agreement, providing constructive notice of this agreement, shall be signed by the Grantee and the Landowner and recorded with the appropriate County Recorder's Office. Boulder Bay Fishing Pier Page 9 WC-9012 DM 2009104 8. AUTHORIZATION The signature of the Executive Director certifies that at a meeting of the Wildlife Conservation Board held on February 25, 2010, the Board authorized the expenditure of up to $132,000.00 for the purpose of awarding a grant to the City of Big Bear Lake. The Agreement shall be deemed executed and effective when signed by all parties, received in the office of the Wildlife Conservation Board and the Grantee has received a Notice to Proceed from the Board. The Wildlife Conservation Board and the Grantee do hereby agree to the terms and conditions referenced herein. STATE OF CALIFORNIA WILDLIFE CONSERVATION BOARD By: Date: John P. Donnelly Executive Director City of Big Bear Lake (Grantee) By: Date: Jeff Mathieu, City Manager it.1 7 VII Exhibit "A" - LOCATION MAP Boulder Bay Fishing Pier San Bernardino County, California Project ID: 2009104 'A ' t • /---1,141.AMM? 001J1 ,11Aq 5•0111 • ..a .t•• • • FA ft . • 1' , • 1 • • • • • np0 , . 1'1:- -.L.'''. • r`?" • • Bear Lake ,, -ts 7s).1 :„..olit --\ --''',.,;(17. 11 1' li 4-1,, 1 r N' I I , .1 ar 31fC,KfrItVir MOO 'Iraq' (.41‘03.! . ••:.; .• Fi og 1 . . .c./ fh e6.14,5F.,VICE FFkly 081:1 b ,/,5 Atiefkset OEM A. .c.;Ft(10- NW() WILDERt,11:SS: . ' '-IN GO FiG,0,./A.) _Ail 0 ff SAn cti7P.00{4dr , • 5 Miles r ,/ , 61T 3-'44 EXHIBIT B BUDGET Boulder Bay Fishing Pier; Project ID 2009104 WC - 9012DM TOTAL COST Per CITY OF BIG BEAR PROJECT TASK TASK WCB FUNDING LAKE Site Preparation $ 20,000.00 $ 20,000.00 Mooring System 12,000.00 $ 12,000.00 Fishing Dock System $ 100,000.00 $ 100,000.00 Construction Management $ 6,600.00 $ 6,600.00 Administration $ 6,600.00 $ 6,600.00 Contigency $ 14,520.00 14,520.00 TOTAL $159,720 $ 132,000.00 $27,720 • • • p Ns :-. gl A- -1 -o 0 -1 r -I C) C) -9 r 0 x c 0 o5.',. 0 0 0 c. .(1.' -1 m 73 5,4 V, EL -■ 3 0 0 iD nog 5' 0 = o > 5 0. a -0 c7 -5 eL SP > <- X la, co .„, 0 ...., r- (-5 , r- 7I 0 co n_ CD 5 P• ,C (90- o rd. 6- _0 A c z vac 0 1Z/ Cs) dapi a q 0 0 5. -: 0 to `< ajona c ,-< ,.i. r' 0 7S- Q . N Co mx ,..„,x1 5. P. CD 0 Ae2 5- 8 -j- 0 0 a Z In 24 rn , CD C.0 0 o ss ' 5. - p; u CD 3 5 'n -1 1 z •: s! V= ., tr II) m c 0 z z '-' . 0. 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I !kg CD b z 5- CO a a 5 • g (0 a 0 -o 0 a gg z B as 0 -r5. as sw - 2 g 2 a: ma • 9 2 0 *. 0 X cl (7- O 3 a- ,..,..- ,. o- I mo Z" 1H SO 0 LI 5' CD a HX 0 18 < n a ,...c7[3 0 = 1 n < .u. 1181 09- [Cl 0 co 2 as 5 - - 0 . . co 0 , 0 •.< fF EA ... -aa co > NI 0 . ..< +0 A 0 . 0 0 ' • -o 0ANI 2 -a 03 , 1 “ -0 0 10 -0 3M S-15- 2- S I) 30 "(5' -aP-. 0-. o. N' g0 q R. .-+ V . Ca 0 ig 0 O <7 D.I C TI 0 13 O 17' G) O 013 0. Al21 S 151 8 VO L o dI ,..- 3 . z CC O 14.1. ...._ . N 11 . co 2 ...,. cs - NOL y 0 V • s,- 0 0 -,- o -o CON c g.f7i. •-,-. 0 O O O 31 < n (:., ns 5 Fr, n o O. a CD w Ca la- .< 0 cf.) CC 0 a- a) swalA 4) CD 4fl 6v wns 0 swal! z 2Q 0 :3; ;c3 wn e ti swall EXHIBIT D WORK PLAN WC 9012 DM; Project ID 2009104 The work proposed under this grant is a portion of a larger project referred to as Boulder Bay Park Phase II, as shown on the attached Preliminary Site Design and Construction Plan — excluding the construction of the proposed Boat Ramp. Currently most of the work related to Phase ll is under way, and scheduled to be completed prior to or at the same time as the work proposed under this grant. Under this grant the grantee shall perform work primarily as it relates to Item 20 of the attached Construction Plan. This includes the purchase, transfer and installation of an ADA accessible floating fishing dock, anchored to the shore through construction of a new mooring system and linked to an internal ADA accessible pathway within the park, through construction and installation of a gangway ramp and asphalt path. More specifically the work shall entail; • Order and purchase all material need to complete this project • Provide and install ADA accessible aluminum framed, floating T shape fishing dock (10' by 60' straight dock with connected to a 10' by 60' end dock), with trex decking and aluminum horizontal guardrails; • Purchase, construct and install cable or chain fishing dock mooring system; • Purchase, construct and install 5' by 30' gangway from the fishing dock to the walkway; • Site preparation, grading and construction necessary to connect the gangway and fishing dock with an ADA asphalt walkway, running through the interior of the park and connecting with the parking lot area; • Perform all necessary quality assurance and warranty requirements related to installation and maintenance of any and all of the above items; • Provide all necessary Construction Management and Administration related to the above work; • Install or Sign that includes recognition of the contributions of the Wildlife Conservation Board; • Provide Final Report; • k ad 7 4 4 El 2 a ji i r2.TJ - l b IP 4 li 11R Pm 5 go. 0 g mz ,p, g 114! ; :§1 1 > li iil ;h lg n in hi °IP i Ili ; gr.-4 igrg4 .qi3 1P , Re alpi FV 0 1.- 2 0 mg" 14 44 g P R F t 'iP il * i 2 A: -4g-: Ill Iiii ; 11 i i 1 li r 1° ig i; 1 4 lad ii P Si PI '91 ig L K2 g— Ipn 2 0 A il il) 11 SI - -° gt, 9 -s 9 • Wcs, 5iii 4 p ii g h En 1 ';/.,.... 1g9 ! 4 1 1 44 Ill 4; p Rh x 2 - e =9 K Ns i Alg Ep ti V,; 9P gg i gY -1 i 1 q ; Ai 9 6 ' 6 1 W 11 1 24 lig PI RT1' B K 0 i g 51A pq 1 '4't H; al 0- P a-n ,._ h 2 ° 1 "0 ,AN a - il tR ' 2k L 0 E P ax g p' ig o N 1 4A ifyP Px FO g' E Li EXHIBIT E MANAGEMENT PLAN WC-9012DM; Project ID 2009104 The grantee for the management term of this agreement, going through February 25, 2035, shall ensure the fishing dock, access to the fishing docks, including the pathways and parking lot areas are maintained in useable condition and are open to the public. The project improvements shall be used only for sport fishing or other wildlife- related or appropriate recreational activities. The grantee may use the premises for temporary or special purposes through agreement with the grantor. The premises and project facilities shall be available without charge, and there shall be no restrictions to public ingress or egress during normal operation hours of the Boulder Bay Park except when it is necessary to close the area during normal operation hours for maintenance, repair, public safety, security, or for protection of the structure or facilities. Operator shall notify State within 48 hours of making such closures. II. MAINTENANCE AND OPERATION 1. MAINTENANCE: Operator shall provide all normal project maintenance and operation of the improvements funded by this grant and the project area for and in accordance with the purposes expressed and, except for occurrences beyond the control of the Operator, or "Acts of God", shall make all reasonable and necessary repairs, replace broken, damaged or worn structural components or fixtures so as to keep the structures and facilities in a safe usable condition, and perform housekeeping operations as required so as to keep the premises and improvements clean, attractive, and free of accumulations of litter, garbage, or debris. Equipment and materials not needed for routine maintenance operations shall not be stored or stockpiled on the premises. 2. ADDITIONAL IMPROVEMENTS: Except as provided by separate agreement as herein above described, Grantor shall not be obligated to make or cause to be made any further developments, or to make improvements or repairs to any structures or facilities within the Project area. However, Operator may at its own cost place or construct on the premises any structures, alterations or improvements in addition to those set forth and described herein as the Project, provided that they: (a) are in accord with the purposes herein set forth; (b) are constructed, maintained and operated for the use, enjoyment, service and protection of the public; (c) do not directly or indirectly reduce, restrict or interfere with the primary purposes of the Project; and (d) have the prior written approval of the State. Any improvements made and installed on the premises at Operator's cost shall be and remain the property of Operator. 3. CONCESSIONS: Operator may enter into agreements with others to provide services, conveniences or facilities to complement the Project improvements provided that: (a) the purpose of any such agreement is consistent with the purposes and uses described herein; (b) any revenues received by Operator from such concession agreements are deposited in a special account identified with the Project and are used solely for operation and maintenance of Project; (c) Operator maintains adequate records of revenues and expenditures relating to any such concession agreements and makes them available for audit when requested by State; and (d) such agreements, including the percentages of revenue to be distributed to Concessionaire and Operator, are approved by State prior to award. -2- RESOLUTION NO. 2010-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZATING ENTERING INTO AN AGREEMENT WITH THE WILDLIFE CONSERVATION BOARD FOR THEIR PUBLIC ACCESS PROGRAM RELATING TO THE FISHING DOCK AT BOULDER BAY PARK LOCATED AT 39080 BIG BEAR BLVD, BIG BEAR LAKE, CA 92315 Whereas, City of Big Bear Lake operates the Boulder Bay Park; and Whereas, the City of Big Bear Lake is desirous of providing the community, residents and visitors, and fishing dock at Boulder Bay Park to meet the needs of anglers as well as provide public amenities to those utilizing the proposed facilities and the public park; and Whereas, a resolution authorizing entering into an agreement with the Wildlife Conservation Board for their Public Access Program is required for installation of the Boulder Bay fishing dock; and Whereas, a resolution designating the City Manager to sign the agreement with the Wildlife Conservation Board, and any amendments thereto; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Big Bear Lake, by adoption of this resolution, hereby authorizes the City Manager to enter into an Agreement with the Wildlife Conservation Board for their Public Access Program for the fishing dock at Boulder Bay Park. BE IT FURTHER RESOLVED that the City Council of the City of Big Bear Lake authorizes the City Manager or designee as agent of the City of Big Bear Lake to sign the Public Access Program Agreement and any amendments thereto. PASSED, APPROVED AND ADOPTED this day of , 2010. AYES: NOES: ABSENT: ABSTAIN: Date Richard T. Herrick, Mayor ATTEST: Katherine E. Jefferies City Clerk AGENDA REPORT Item No MEETING DATE: January 11, 2010 TO: Honorable Mayor and Members of the City Council FROM: Jeff Mat ty Manager REVIEWED BY: Kathleen mith, Chief Operations Officer PREPARED BY: David Lawrence, Director of Public Works/City Engineer (i) SUBJECT: Award of Contract for the Tahoe Sewer Main Replacement Project BACKGROUND In April 1002, the City Council authorized filing an application with the Clean Water State Revolving Fund (CWSRF) Program for American . Recovery and Reinvestment Act (ARRA) stimulus funds. The City was notified by Clean Water State Revolving Fund (CWSRF) Program that we have been awarded a grant for $1,285,700. In September 2009, the City Manager executed a Facility Plan Approval (FPA) with the State Water Resources Control Board Division. On November 9, 2009 the City Council authorize the City Clerk to advertise, receive, and publicly open construction bids for this project. DISCUSSION On December 22, 2009 the City Clerk publicly opened construction bids received for Tahoe Sewer Main Replacement Project. Twelve bids were received. The results are as follows: COUNCIL ACTION: Katherine E. Jefferies, City Clerk AGENDA REPORT: Award of Contract for the Tahoe Sewer Main Replacement Project January 11, 2010 Page 2 CONTRACTOR BID RANK T.B.U. INC $488,577.50 1 DAN WORLEY PLUMBING INC $545,872.25 2 RAMONA INC $573,035.20 3 GENESIS CONSTRUCTION $575,700.00 4 R MOODY CONSTRUCTION $611,747.45 5 CHRISTENSEN BROTHERS $640,731.50 6 PRO-CRAFT PLUMBING $649,900.10 7 DDH APPLE VALLEY CONSTRUCTION $672,504.00 8 QUIP-CON $675,771.00 9 TRAUTWEIN CONSTRUCTION $677,811.00 10 WTA CONSTRUCTION $686,378.10 11 TRINITY $858,154.37 12 The lowest responsive bid is $488,577.50 from T.B.U. Inc. The engineer's estimate for this project was $650,000. After the bid opening, the City received a bid protest. The City staff and City Attorney reviewed the protest and found it without merit. Staff conducted a reference check on T.B.U. Inc and each reference gave positive recommendations. We recommend that a construction contract be awarded to T.B.U. Inc. for the Tahoe Sewer Main Replacement Project. FISCAL IMPACT The construction bid of $488,577.50 is below the engineer's estimate. The overall budget will include 10 percent for contingency and 10 percent for inspection, construction engineering, and project management. The funding for this project will come from the CWSRF grant. Description Budget Construction $488,577.50 Contingency (10%) $48,857.75 Inspection and Engineering (10%) $48,857.75 Project Management (10%) $48,857.75 Total $635,150.75 AGENDA REPORT: Award of Contract for the Tahoe Sewer Main Replacement Project January 11, 2010 Page 3 RECOMMENDATIONS It is recommended that the City Council take the following actions with respect to this item: 1. Award a construction contract to T.B.U. Inc. for the Tahoe Sewer Main Replacement Project in the amount of $488,577.50 and authorize the Mayor to execute the contract; 2. Reject all other bids and bid protests; 3. Authorize staff to contract for inspection, construction engineering, and project management services. Attachment: Location Map AGENDA REPORT: Award of Contract for the Tahoe Sewer Main Replacement Project January 11, 2010 Page 4 Location Map Tahoe Sewer Main Replacement Limits Start Tahoe Sewer Main Replacement Project CITY OF BIG BEAR LAKE CITY COUNCIL MINUTES FOR REGULAR MEETING OCTOBER 26, 2009 OPEN SESSION A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 5:00 p.m., Monday, October 26, 2009, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California. Moment of Silence/Pledge of Allegiance led by Councilmember Kaip Councilmembers Present: Mayor Rick Herrick Mayor Pro Tern Bill Jahn Councilmember Liz Harris Councilmember Michael Karp Councilmember Darrell Mulvihill Councilmembers Excused: None Others Present: Jeff Mathieu, City Manager Steve Deitsch, City Attorney Katherine E. Jefferies, City Clerk Kathleen Smith, Chief Operations Officer Rod Ballard, Fire Chief RESULTS OF CLOSED SESSION CLOSED SESSION PUBLIC COMMUNICATIONS None. Improvement Agency I. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(c) Number of Cases: I No reportable action. Page 2 City Council Minutes October 26, 2009 City Council 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Application of Golden State Water Company before the Public Utilities Commission Application Nos. 08-06-034 and 08-08-021 (Bear Valley Electric) No reportable action. 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(c) Number of Cases: 2 No reportable action. ANNOUNCEMENTS & UPCOMING EVENTS Event Calendar fin the Performing Arts Center — (For tickets please contact the box office at (909) 866-4970 or visit www.citybigbearlake.com unless noted otherwise) • The Performing Arts Center Foundation and Soroptimist International of Big Bear Valley presents the 2nd Annual Haunted House at the Performing Arts Center - October 30 & 31. • The Community Arts Theater Society presents "A Christmas Carol" - November 13 — 29. The next Fire Protection District Meeting will be held on Wednesday, December 9, 2009 in Hofert Hall. PRESENTATIONS Mayor Herrick presented a 20-year City Employee Pin to Danny Ent, DWP Transmission and Distribution Supervisor. COUNCILMEMBER GENERAL ANNOUNCEMENTS Councilmember Karp reported that he attended the October 15, 2009 Special MWD meeting where the Board took public input regarding the rental of canoes and kayaks that are rented from commercial marinas. Mayor Herrick reported that he attended the Friends of the Zoo luncheon where County Supervisor Deery acknowledged the zoo volunteers, and that he stated was also honored Page 3 City Council Minutes October 26, 2009 as President of the NAY Foundation. He reported that he also attended the October 22 nd press conference at Onyx Summit for the official announcement that the Amgen Tour of California would include a high-altitude finish in Big Bear Lake on May 21, 2010. Councilmember Mulvihill expressed his concerns regarding the latest sales and TOT tax statistics he received from South Lake Tahoe and is hopeful that our City reports would be more optimistic. He also addressed his concerns related to the new regulations and locations for the newsracks within the City. PUBLIC COMMUNICATIONS: Stan Miller, Big Bear Lake: spoke on behalf of the Arts Council of Big Bear Valley and the Performing Arts Center Foundation, and announced that the two Boards will co- sponsor a special event on December 28 and 29. He stated that the Maple Youth Ballet from Irvine will perform "The Nutcracker," and that in addition to professional dancers, 38 young people from our Valley will also perform in the show. Bonnie Shaffer, Operation Breakthrough: announced that effective June 30, 2009, Operation Breakthrough no longer provides services in Big Bear. However, drug and alcohol treatment and prevention services would be provided by Morongo Basin Mental Health Services, with offices located at Summit Plaza under the name of Big Bear Recovery Services. 1. CITY COUNCIL CONSENT CALENDAR Motion by Mayor Pro Tein Jahn, seconded by Councilmember Harris to approve the Consent Calendar as follows: 1.1 Approval of Demands — Cheek Issue Date 10/06/09 through 10/19/09 — Check Nos. 48368 through 48575 in the amount of $1,021,837.26 Approved. 1.2 Continuance of the Declaration of Local State of Emergency Council consideration of continuing the Declaration of the Local State of Emergency due to the drought and Bark Beetle infestation. Approved. Page 4 City Council Minutes October 26, 2009 1.3 Department of Water & Power Water Rates Council consideration of adopting an ordinance repealing portions of Ordinance No. 92-210 and Ordinance No. 2007-374 revising the DWP Water Rates. This matter was removed from the Consent Calendar for separate action. 1.4 Title II of the Americans with Disabilities Act (ADA) Non-Discrimination Policy and Grievance Procedure Council consideration of adopting a Non-Discrimination Policy and Grievance Procedure in accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, Approved. 1.5 Parking during Snow Conditions Council consideration of adopting a Policy to allow parking in publicly owned parking lots during declared snow conditions, and direct staff to prepare an ordinance amending Municipal Code Section 10.04.190. This item was removed from the Consent Calendar for separate action. 1.6 Approval of the Minutes from the Meeting of August 10, 2009 Approved as presented. The Consent Calendar was approved by the following vote: AYES: Harris, Herrick, Jahn, Karp, Mulvihill NOES: None ABSENT: None ABSTAIN: Herrick abstained on Item 1.1 Check No. 48531 in the amount of $1,122.00 payable to KBHR Page 5 City Council Minutes October 26, 2009 ITEMS REMOVED FROM THE CONSENT CALENDAR 1.3 Department of Water & Power Water Rates Council consideration of adopting an ordinance repealing portions of Ordinance No. 92-210 and Ordinance No. 2007-374 revising the DWP Water Rates. Charles Brewster and Barbara McLean, both of Big Bear Lake, addressed their concerns regarding the proposed adjustments to the rates. Motion by Councilmember Harris, seconded by Mayor Pro Tem Jahn to adopt the following ordinance, entitled: ORDINANCE NO. 2009-396 AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING PORTIONS OF ORDINANCE NOS. 92-210 AND 2007-374 AND APPROVING ADJUSTMENTS TO THE DWP'S RATES, CHARGES AND FEES FOR WATER SERVICE Said Motion was approved by the following vote: AYES: Harris, Herrick, Jahn NOES: Karp, Mulvihill ABSENT: None ABSTAIN: None 1.5 Parking during Snow Conditions Council consideration of adopting a Policy to allow parking in publicly owned parking lots during declared snow conditions, and direct staff to prepare an ordinance amending Municipal Code Section 10.04.190. The following citizens expressed their concerns related to the issue of allowing the public to park overnight in public parking lots: Jim McLean, Big Bear Lake Charles Brewster, Big Bear Lake Tim Bruenig, Big Bear Lake Page 6 City Council Minutes October 26, 2009 Stan Miller, Big Bear Lake Linda Carpenter, Big Bear Lake Following discussion with staff the City Council directed staff to bring back for Council review and approval, an Emergency Overnight Parking Policy that will limit the overnight parking allowance to the east Civic Center parking lot and the Alden Parking Lot (adjacent to Sandy's Sports Bar); and, eliminate the Indian Village parking lot option. Council also asked that staff provide specific definitions as to when overnight parking would be allowed, clarification on how snow plow operations would be accomplished at the parking lots; and, ensure that the parking lots are not utilized for the purpose of providing overflow parking for Transient Private Home Rental units. At the hour of 7:50 p.m., Council adjourned to the Improvement Agency. IMPROVEMENT AGENCY Improvement Agency proceedings are contained in separate minutes. At the hour of 9:27 p.m., the Improvement Agency adjourned to City Council Session. RECESS: At the hour of 9:28 p.m., Mayor Herrick declared a recess. At the hour of 9:35 p.m., Council reconvened. 2. DISCUSSION/ACTION ITEMS 2.1 Defensible Space and Development Standards Council consideration of a report related to the necessary Planning, Building, and Fire Code amendments needed to insure compatibility with defensible space, and fuel-reduction measures. Received and filed. 2.2 Fats, Oils, and Grease (FOG) Ordinance Page 7 City Council Minutes October 26, 2009 Council consideration of introduction and first reading of an ordinance adopting Fats, Oils and Grease control regulations applicable to food service establishments. Council directed staff to amend the ordinance to add more clarification to the definition of Food Service Establishments. Motion by Councilmember Harris, seconded by Mayor Pro Tern Jahn to introduce and waive further reading of an ordinance, entitled: ORDINANCE NO. 2009-XXX AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADDING CHAPTER 14.05 TO THE BIG BEAR LAKE MUNICIPAL CODE TO CONTROL DISCHARGES OF FATS, OILS AND GREASE FROM FOOD SERVICE ESTABLISHMENTS Said Motion carried by the following vote: AYES: Harris, Herrick, Jahn, Karp, Mulvihill NOES: None ABSENT: None ABSTAIN: None 2.3 Floodplain Management Ordinance Council consideration of introduction and first reading of an ordinance amending Chapter 15.64 of the Municipal Code to update regulations regarding the duties and responsibilities of the flood plain administrator, as required by the National Flood Insurance Program. Motion by Councilmember Karp, seconded by. Councilmember Mulvihill to introduce and waive further reading of an ordinance, entitled: ORDINANCE NO. 2009-XXX Page 8 City Council Minutes October 26, 2009 AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING PARAGRAPH C SECTION 15.64.140 OF ORDINANCE NO. 2002-324 AND AMENDING CHAPTER 15.64 OF THE CITY OF BIG BEAR LAKE MUNICIPAL CODE, "FLOOD DAMAGE PREVENTION," AND ESTABLISHING FLOODPLAIN MANAGEMENT REGULATIONS Said Motion carried by the following vote: AYES: Harris, Herrick, Jahn, Karp, Mulvihill NOES: None ABSENT: None ABSTAIN: None CITY COUNCIL BUSINESS BOARD/COMMITTEE REPORTS • The MARTA Meeting report was presented by Mayor Pro Tem Jahn and Councilmember Harris. • The Solid Waste Advisory Task Force report was presented by Councilmember Karp. • The SANBAG Mountain/Desert Meeting report was presented by Mayor Pro Tern Jahn. • The NAY Foundation meeting report was presented by Mayor Herrick. ADJOURNMENT There being no further business to come before the Council at this session, Mayor Herrick adjourned the meeting at 10:46 p.m. Katherine E. Jefferies, CMC City Clerk AGENDA REPORT Item No c?. MEETING DATE: January 11, 2010 TO: Honorable Mayor and Members of the City Council FROM: Jeff M. i t ity Manager REVIEWED BY: Kathleen mith, Chief Operations Office SUBMITTED BY: James J. Miller, Director of Building and Plannt PREPARED BY: Janice Etter, City Planner jeiel SUBJECT: EXTENSION OF A MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES BACKGROUND On December 14, 2009, the City Council adopted Urgency Ordinance No. 2009-399 imposing a 45- day moratorium on the establishment and operation of medical marijuana dispensaries within the City of Big Bear Lake. As discussed at that meeting, medical marijuana dispensaries are prohibited by Federal law under the Controlled Substances Act. Yet, they were legalized under special circumstances by the State of California with the passage of Proposition 215, known as the Compassionate Use Act. The City Council recently adopted business license regulations pertaining to medical marijuana dispensaries. However, there are no land use regulations within the Municipal Code or Development Code pertaining to medical marijuana dispensaries. The 45-day moratorium will expire on January 28, 2010, and the City Council now wishes to extend this initial moratorium for an additional 10 months and 15 days, during which time the City staff will study and bring forth ordinances amending the Municipal and Development Codes with respect to regulating medical marijuana dispensaries. DISCUSSION California Government Code Section 65858 enables cities to adopt urgency measures to protect public health, safety, and welfare through the prohibition of uses that may be in conflict with contemplated land use controls. The time period initially established under Urgency Ordinance No. 2009-399 can be extended for an additional 10 months and 15 days, for a total time period of one year, after the preparation of a public notice and holding of a public hearing. This is the purpose of today's hearing. COUNCIL ACTION: Katherine E. Jefferies, City Clerk AGENDA REPORT January 11, 2010 Page 2 Ten Day Report At the time of the adoption of an urgency ordinance, the city must be studying or intending to study the land use within a reasonable time. Pursuant to Government Code Section 65858(d), ten days prior to the expiration of the urgency ordinance, a written report must be issued by the City Council describing the measures taken to alleviate the condition which led to the adoption of the urgency ordinance. Upon the City Council's adoption of the accompanying ordinance, this Agenda Report will be deemed to constitute this "ten day report" and issued by the City Council. The City has undertaken several steps to clarify and strengthen the language in the Municipal Code with respect to medical marijuana dispensaries. On December 14, 2009, and January 11, 2010, the City Council held first and second readings, respectively, of an ordinance amending Title 5 of the Municipal Code adding Chapter 5.99 to prohibit the issuance of a business license to medical marijuana dispensaries and other businesses, operations and uses, which are prohibited by Federal or State law throughout the City. Staff has taken additional steps to research the regulation of medical marijuana facilities by obtaining and studying staff reports and ordinances from several other cities within the County of San Bernardino including the cities of Claremont, Colton, Fontana and Grand Terrace; and within neighboring Riverside County, including the City of San Jacinto, which currently have regulations in place. The City Attorney has been consulted and case law studied to determine the best method to form land use regulations pertaining to medical marijuana dispensaries. Lastly, staff has consulted with local law enforcement officials on this issue. Testimony was received at the December 14, 2009, City Council meeting regarding significant problems experienced by other cities where medical marijuana dispensaries have been permitted to operate. These cities have experienced an overabundance and overconcentration of such uses, burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of such dispensaries, illegal re- selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, dispensary staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to dispensary customers, dispensary customers using marijuana and then driving under the influence of marijuana, the selling of illegal drugs other than marijuana in the dispensaries, and the selling of marijuana to minors. Staff believes these adverse secondary effects of medical marijuana dispensaries are detrimental to the public health, safety, and welfare of the citizens of and visitors to the City. Therefore, an extension of the moratorium on medical marijuana dispensaries for an additional 10 months and 15 days is justified to allow the formulation and adoption of regulations pertaining to medical marijuana dispensaries. An Ordinance extending this moratorium is attached to this Agenda Report as Attachment 1. AGENDA REPORT January 11, 2010 Page 3 ENVIRONMENTAL REVIEW Staff has reviewed the ordinance for conformance with the California Environmental Quality Act (CEQA) and determined that the ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and (b)(3) of the State CEQA Guidelines. These sections state that the activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; the activity is not a project as defined in Section 15378, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. A Notice of Exemption is attached to this Agenda Report as Attachment 2. PUBLIC NOTIFICATION A Notice of Public Hearing for this item was prepared pursuant to California Government Code Section 65090. The Notice was published in The Grizzly newspaper on December 30, 2009, and posted in three public places a minimum of ten days prior to the hearing date. The publication and posting of the Notice satisfies the public notification requirements for holding a public hearing on the proposed ordinance. CONCLUSION The City Council adopted Urgency Ordinance No 2009-399, establishing a 45-day moratorium on the creation and operation of medical marijuana dispensaries. The City Council now wishes to extend this moratorium for an additional 10 months and 15 days during which time regulations will be formulated and adopted into the Municipal Code and Development Code pertaining to medical marijuana dispensaries. The City Council has received a "ten day report" explaining the measures, which have been taken to alleviate the condition that led to the adoption of the urgency ordinance, and therefore, upon holding a public hearing, may adopt an ordinance extending the moratorium. FISCAL IMPACT Staff anticipates no fiscal impact due to the approval of this ordinance. RECOMMENDATION Staff recommends that the City Council hold a public hearing, find the activity exempt from the California Environmental Quality Act (CEQA); conduct a reading of the ordinance extending a moratorium on the establishment and operation of medical marijuana dispensaries for an additional 10 months and 15 days, and adopt the ordinance. Attachments: 1. City Council Ordinance No. 2010-XX 2. Notice of Exemption AGENDA REPORT January 11, 2010 Page 4 ATTACHMENT 1 ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS, PURSUANT TO GOVERNMENT CODE SECTION 65858 WHEREAS, Title 21 of the United States Code (U.S.C) Sections 812 and 841 prohibits the sale and distribution of marijuana as part of the Controlled Substances Act; and WHEREAS, the voters of the State of California approved Proposition 215, entitled the Compassionate Use Act of 1996 ("the Act"), the intent of which was to enable persons in need of medical marijuana for medicinal purposes to obtain and use it under limited, specified circumstances; and WHEREAS, in U.S. v. Oakland Cannibis Buyers' Cooperative (2001) 532 U.S. 483, the United States Supreme Court held that there was no exemption from the Controlled Substances Act's prohibition on the sale and distribution of marijuana for medical necessity; and WHEREAS, on January 1, 2004, California Senate Bill 420 ("SB 420") went into effect and was enacted to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act; and WHEREAS, the United States Supreme Court, in Gonzales v. Raich, 545 U.S. 1 (2005), confirmed the validity of the Controlled Substances Act prohibition of the sale and distribution of marijuana and the application of the Act in California, notwithstanding the possible medicinal uses of marijuana and the limited authorization for sale and distribution of marijuana created by California State Law, noting that California's system of limited decriminalization for medical marijuana is susceptible to abuse, and confirmed that California's medical marijuana laws are superseded by the Controlled Substances Act to the extent that they conflict with the Act; and WHEREAS, on September 22, 2009, the California Court of Appeal held, in City of Claremont v. Kruse, (Los Angeles County Super. Ct. No. KC049836) that neither the Act nor SB 420 preempts a California city's authority to regulate the distribution of medical marijuana from a zoning or business regulation perspective; and WHEREAS, the Big Bear Lake Municipal Code, including the Development Code, does not expressly address or regulate the existence or location of medical marijuana dispensaries; and AGENDA REPORT January 11, 2010 Page 5 WHEREAS, on December 14, 2009, the City Council adopted Urgency Ordinance No. 2009-399 adopting a 45-day moratorium on the establishment and operation of medical marijuana establishments, pursuant to California Government Code Section 65858; and, WHEREAS, pursuant to Government Code Section 65858(d), ten days prior to the expiration of the urgency ordinance, a written report must be issued by the City Council describing the measures taken to alleviate the condition that led to the adoption of the urgency ordinance. On January 11, 2010, the City Council received, considered, adopted and issued the "ten day report;" and WHEREAS, several steps have been taken by the City Council to clarify and strengthen the language in the Municipal Code with respect to medical marijuana dispensaries. On December 14, 2009, and January I1, 2010, the City Council held first and second reading, respectively, of an ordinance amending Title 5 of the Municipal Code adding Chapter 5.99 to prohibit the issuance of a business license to medical marijuana dispensaries and other businesses, operations and uses, which are prohibited by Federal or State law throughout the City; and. WHEREAS, research has been performed on the regulation of medical marijuana facilities. Staff reports and ordinances have been obtained from several other cities within the County of San Bernardino including the cities of Claremont, Colton, Fontana. and Grand Terrace; and within neighboring Riverside County, including the City of San Jacinto, which currently have regulations in place. The City Attorney has been consulted and case law studied to determine the best method to form land use regulations pertaining to medical marijuana dispensaries; and WHEREAS, testimony was presented by local law enforcement officials at the December 14, 2009, City Council meeting regarding significant problems experienced by other cities where medical marijuana dispensaries have been permitted to operate. WHEREAS, California cities that have permitted the establishment of medical marijuana dispensaries have experienced an overabundance and overconcentration of such uses, burglaries and takeover robberies of dispensaries, robberies of customers leaving dispensaries, an increase in crime (especially thefts and robberies) in the vicinity of such dispensaries, illegal re-selling of marijuana obtained from dispensaries, physicians issuing apparently fraudulent recommendations for the use of marijuana, dispensary staff selling marijuana to customers with obviously counterfeit patient identification cards, street dealers attempting to sell marijuana to dispensary customers, dispensary customers using marijuana and then driving under the influence of marijuana, the selling of illegal drugs other than marijuana in the dispensaries, and the selling of marijuana to•minors; and WHEREAS, on January 11, 2010, the City Council held a duly noticed public hearing on a proposed Ordinance to extend the moratorium on medical marijuana establishments, determined that the activity is exempt from the California Environmental Quality Act, conducted a reading of the proposed Ordinance and adopted this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS: AGENDA REPORT January 11, 2010 Page 6 SECTION 1. The City Council hereby extends the initial 45-day moratorium created by Urgency Ordinance No. 2009-399 for an additional 10 months and 15 days beyond the expiration of the initial 45-day moratorium as allowed by California Government Code Section 65858. This moratorium extension shall prohibit the approval or issuance of any use permit, variance, building permit, business license or other applicable entitlement for the establishment or operation of a medical marijuana dispensary in the City for the immediate preservation of the public health, safety and welfare, during the effectiveness of this Ordinance. SECTION 2. For purposes of this ordinance, the terms defined below shall have the following meanings: A. "Medical marijuana dispensary" shall mean any facility or location where a primary caregiver intends to or does make available, sell, transmit, give or otherwise provide medical marijuana to two or more of the following: a qualified patient, a person with an identification card or a primary caregiver. B. "Primary caregiver," "qualified patient" and "identification card" shall have the meanings set forth in Health and Safety Code Section 11362.7. SECTION 3. The City Council hereby enacts this extension ordinance by not less than a four-fifths vote, and in light of the findings set forth in Section 4, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the California Government Code, which allows the City to extend a moratorium ordinance, in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time. SECTION 4. The City Council hereby finds and determines as follows: 1, California cities that have permitted the establishment of medical marijuana dispensaries have found that such dispensaries resulted in negative and harmful secondary effects, such as an increase in crime, including robberies, burglaries and sales of illegal drugs in the areas immediately surrounding medical marijuana dispensaries. 2. Numerous cities in the State of California have adopted ordinances prohibiting or heavily regulating such dispensaries. As a significant number of cities, including cities in Southern California, have prohibited or heavily regulated medical marijuana dispensaries, there is a substantially increased likelihood that such establishments will seek to locate in the City of Big Bear Lake. 3. The Big Bear Lake Municipal Code does not expressly address or regulate in any manner the existence or location of medical marijuana dispensaries. 4. The City has been approached by individuals seeking to open medical marijuana dispensaries in . Big Bear Lake, indicating that the possibility of a medical marijuana dispensary seeking to locate in Big Bear Lake is a real one. AGENDA REPORT January 11, 2010 Page 7 5. The United States Supreme Court addressed marijuana use in California in United States v. Oakland Cannabis Buyers' Cooperative, (2001) 532 U.S. 483. The Supreme Court held that the Federal Controlled Substances Act continues to prohibit marijuana use, distribution and possession and that no medical necessity exception exists to these prohibitions. Further, the Supreme Court held in Gonzales v. Raich (2005) 545 U.S. 1, that the Federal Controlled Substances Act prohibits local cultivation and use of marijuana under all circumstances. Therefore, there appears to currently be a conflict between Federal laws and California laws regarding the legality of medical marijuana dispensaries. 6. To address the apparent conflict in laws, as well as the community and statewide concerns regarding the establishment of medical marijuana dispensaries, the City of Big Bear Lake is reviewing an ordinance to prohibit medical marijuana dispensaries to mitigate the potential impacts such facilities may have on the public health, safety and welfare. 7. Based on the foregoing, the City Council finds that issuing permits, business licenses or other applicable entitlements providing for the establishment or operation of medical marijuana dispensaries, prior to completing the review of a prohibition ordinance, poses a current and immediate threat to the public health, safety and welfare and that therefore a temporary moratorium on the issuance of such permits, licenses and entitlements is necessary. SECTION 5. The City Council finds that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2), 15060(0(3) and (b)(3) of the State CEQA Guidelines. These sections state that the activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; the activity is not a project as defined in Section 15378, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. Staff is directed to file a Notice of Exemption with the Clerk of the Board of Supervisors of San Bernardino County. SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part, thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases to be declared unconstitutional, invalid, or ineffective. SECTION 7. This ordinance shall become effective immediately upon adoption if adopted by at least a four-fifths vote of the City Council and shall be in effect for ten (10) months and fifteen (15) days from the date of adoption unless extended by the City Council as provided for in Government Code Section 65858. SECTION 8. The City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in Big Bear Lake, California. AGENDA REPORT January 11, 2010 Page 8 PASSED, APPROVED AND ADOPTED this day of , 2010. AYES: NOES: ABSENT: ABSTAIN: Date Elizabeth Harris, Mayor ATTEST: REVIEWED AND APPROVED: Katherine E. Jefferies, CMC Stephen P. Deitsch City Clerk City Attorney n:12-grouplplanninglinunicipal code amendment 2009 — medical marijuanalurgency ordinance establishing a moratorium on mm dispensaries.doc AGENDA REPORT January 11, 2010 Page 9 ATTACHMENT 2 NOTICE OF EXEMPTION FROM: Planning Department TO: Clerk of the Board of Supervisors City of Big Bear Lake County of San Bernardino 385 N, Arrowhead Avenue, 2nd Floor P. a Box 10000 San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900 Project Title: Ordinance No. 2010-xxx extending the time period established by the adoption of Urgency Ordinance No. 2009-399 for an additional 10 months and 15 days. Project Location - Specific: City-wide Description of Project: Ordinance No. 2010-xxx extending the 45-day moratorium on the establishment of medical marijuana dispensaries adopted by Urgency Ordinance No. 2009-399 for an additional 10 months and 15 days pursuant to Government Code Section 65858. Name of Public Agency Approving Project: City Council, City of Big Bear Lake Exempt Status: (check one) (State type and section number) XX Statutory Exemption. Sections: 15060(c)(2), 15060(0(3) and 15061(b)(3) Reasons why project is exempt: the activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; the activity is not a project as defined in Section 15378, and the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA. Lead Agency or Contact Person: Area Code/Telephone/Extension Janice Etter (909) 866-5831 Date: January 11, 2010 Signature: AGENDA REPORT Item No. MEETING DATE: January 11, 2010 TO: Honorable Mayor and Members of the City Council FROM: Jeff Ma ity Manager REVIEWED BY: Kathleen h, Chief Operations Officer SUBJECT: PUBLIC HEARING — REVIEW OF FINES LISTED IN CITY'S BAIL SCHEDULE FOR PARKING VIOLATIONS DISCUSSION: A public hearing has been scheduled for the above referenced item. After the notice was posted it was found that the matter is no longer required to be brought before the Council. However, since a notice was published any member of the public who wishes to speak ;to the matter must be given an opportunity to do so. Following any public input the public hearing is closed and no action is necessary. RECOMMENDATION The Mayor to open the public hearing and receive public input, close the public hearing and no action is necessary. COUNCIL ACTION: Katherine E. Jefferies, City Clerk AGENDA REPORT DATE: January 11, 2010 TO: Honorable Mayor and City Council Members FROM: Jeff Mat Manager REVIEWED BY: Katlalee ith, Chief Operations Officer PREPARED BY: Joel Dickson, DWP General Manager SUBJECT: Proposed Ordinance regarding Capaity Charges and Administrative Fees Background: Administrative Fees and Capacity Charges At the September 22, 2009 meeting of the DWP Board of Commissioners the Board conducted a Public Hearing, in accordance with California Code Section 66016, regarding proposed changes to the Capacity Charges (formerly referred to as Capital Facilities Fees/Connection Fees) and Administrative Fees. The outcome of that hearing is as follows: One member of the public addressed the Board on a number of issues. He agreed with the concept of charging developers to connect to the water system. DWP Resolutions No. 2009-08 Regarding Capacity Charges and Meter Installation Fees, and Administrative Charges (attached) was adopted by the Board of Commissioners on September 22, 2009. Presentation to the City Council of the proposed changes to charges and fees was delayed as staff researched the most appropriate method to revise the Water Demand Offset Capacity Charge, which are to be included in a single charge known as the Capacity Charge. DWP Resolution No. 2009-10 Regarding Water Demand Offset Capacity Charges (attached) was adopted by the Board of Commissioners on December 22, 2009. Proposed Ordinance regarding Capacity Charges and Administrative Fees January 11, 2009 Page 2 Financial Impact: Administrative Fees: Total Administrative Fees budgeted for FY 2009/10 are $123,000, or approximately 1% of total budgeted revenue. Due to the incremental changes to the individual fees Staff does not anticipate any material change in revenues. Capacity Charges: The FY 2009/10 Budget includes 35 EDUs of new development. The decrease in the Capacity Charges of $800 per EDU may result in a shortfall of $28,000. Recommendation: Conduct first reading to adopt the proposed ordinance to modify Capacity Charges, Water Demand Offset Capacity Charges, Meter Installation Fees and Administrative Fees as adopted by DWP Resolution Nos. DWP 2009-08 and DWP 2009-10. Repeal Section 2, Section 3, Section 4 and Section 5 of Ordinance No. 2007-368. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING PORTIONS OF ORDINANCE NO. 2007-368 AND APPROVING ADJUSTMENTS TO THE DWP'S CAPACITY CHARGES, METER INSTALLATION FEES AND ADMINISTRATIVE FEES WHEREAS, the Board of Commissioners of the Department of Water and Power of the City of Big Bear Lake ("Board of Commissioners") has adopted Resolution No. 2009-08 attached hereto as Exhibit "A" revising its capacity charges, meter installation fees and administrative fees and charges for water service, at a public hearing on such revisions conducted by the Board of Commissioners as provided by Government Code Section 66016; and WHEREAS, in adopting resolution 2009-08, the Board of Commissioners accepted recommendations made by HDR Engineering in its report entitled "Development of Water Capacity Charge August 2009," to include in a single fee, known as the Capacity Charge, fees previously known as Capital Facilities Charges, Water Demand Offset Capacity Charges and Supplemental Source of Water Supply Charges; and WHEREAS, the Board of Commissioners has recommended that the City Council approve its Resolution No. 2009-08, and WHEREAS, Paragraph A of Section 13.26.060 of the City of Big Bear Lake Municipal Code provides that the City Council shall set a Water Demand Offset Capacity Charge by resolution; and WHEREAS, by including the Water Demand Offset Capacity Charge within the Capacity Charge adopted by the Board of Commissioners in its Resolution No. 2009-08, the adoption of this ordinance will render it unnecessary for the City Council to approve a Water Demand Offset Capacity Charge by separate resolution; NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Big Bear Lake does hereby approve Resolution No. 2009-08 of the Board of Commissioners of the Department of Water and Power of the City of Big Bear Lake, effective upon the effective date of this Ordinance. BE IT FURTHER ORDAINED that Section 2, Section 3, Section 4 and Section 5 of Ordinance No. 2007-368 are hereby repealed. BE IT FURTHERORDAINED that this ordinance shall supersede the provision of City Council Resolution No. 2005-06 establishing a separate Water Demand Offset Capacity Charge. PASSED, APPROVED AND ADOPTED by the City Council of the City of Big Bear Lake on this day of 2010. AYES: NOES: ABSENT: Date Elizabeth Harris, Mayor ATTEST: REVIEWED AND APPROVED Katherine W. Jefferies, CMC Best Best & Krieger City Clerk City Attorney RESOLUTION NO. DWP 2009-08 REGARDING CAPACITY CHARGES AND METER INSTALLATION FEES, AND ADMINISTRATIVE FEES AND CHARGES A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DEPARTMENT OF WATER & POWER OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF THE CITY BIG BEAR LAKE THE REPEAL OF A PORTION OF ORDINANCE NO. 2007-368 AND THE ADOPTION OF MODIFICATIONS TO CAPACITY CHARGES (FORMERLY REFERRED TO AS CAPITAL FACILITIES/CONNECTION FEE CHARGE), METER NSTALLATION FEES, AND OTHER FEES RELATED TO WATER SERVICE WHEREAS, Section 13.24.200 of the Big Bear Lake Municipal Code authorizeS the increase of water rates, charges, and fees, provided (i) the Board of Commissioners of the Department of Water and Power of the City of Big Bear Lake ("DWP") adopts the increased water rates, charges, and fees by resolution following a noticed public hearing; and (ii) such resolution is forwarded to the City Council of the City of Big Bear Lake ("City Council") and subsequently approved by ordinance; and WHEREAS, in accordance with the foregoing, capacity charges, meter installation fees, and other fees related to water service have been increased over the years; and WHEREAS, the capacity charge is being modified to reflect to recommendations of HDR Engineering in their report entitled "Development of Water Capacity Charge August 2009 ("Study"). HDR Engineering has recommended certain revisions to the DWP's water Capacity Charges; and WHEREAS, the DWP Board wishes to restate the meter installation fee to reflect .fees that became effective July 1, 2009 as a result of changes in the Engineering News Record Construction Cost Index; and WHEREAS, other administrative fees related to water service are being modified to reflect the cost of those services; and WHEREAS, pursuant to Government Code section 66016, a copy of the Study and the cost of administrative services have been made available to the public at least ten (10) days prior to the date of this meeting, which provides data to justify the proposed changes in the foregoing fees; and WHEREAS, notice of the public hearing on the proposed adoption of this Resolution has been provided in compliance with Government Code sections 66016 and 66018. GiBoard/Resolutions2009/Reso2009-08 Capacity Charges, Meter Installation and Admin Fees 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the DWP, City of Big Bear Lake, as follows: Section 1. Repeal. The DWP Board of Commissioners recommends that the City Council rescind Section 2, Section 3, Section 4, and Section 5 of Ordinance 2007-368 Establishing Capital Facilities/Connection Charges, Meter Installation Fees and other fee related to water service. Section 2. Defined Terms. The following capitalized terms are used herein and shall have the meanings ascribed to them below. Backflow Certification Fee — a fee charged by the DWP to cover its reasonable costs associated with notifying a customer who is a private well owner of the DWP's backflow requirements. Backflow Certification Delinquency Fee — a fee charged by the DWP to a customer who has been notified of the DWP's backflow requirements and who has not provided proof of backflow certification within the noticed time limits. Big Bear Service Area — all water service connections within the DWP's water systems except for those users in Rimforest. • cap_eAtyC - gr es (formerly referred to Fee Char esfl- one-time charges paid by at the time of, or prior to, connection to the water system to finance construction of public facilities needed to provide service, including, but not limited to, wells, transmission and distribution lines, pumps, boosters and chemical treatment facilities, as well as developing alternative sources of water supply. Collection Processing Fee — a fee charged by the DWP when a customer's account is transferred to a collection agency for collection of an unpaid balance. This fee includes the cost to generate two additional bills and the cost to transfer the account to the collection agency. It does not include the collection agency's discount upon collection Commercial — Commercial use includes any use by a business within the Big Bear Service Area, whether for profit or non-profit, whose predominant purpose is to provide goods arid/or services to consumers. For purposes of this Resolution, multi-family housing complexes served through a master meter and public entities, including withOut limitation schools, parks and special districts, are considered commercial users. Commercial users also include hotels, motels, inns, bed and breakfasts or any other transient lodging establishment primarily engaged in providing overnight or otherwise temporary lodging for the general public where meals may be served to transient occupants under applicable laws or regulations. G/Board/Resolutions2009/Reso2009-08 Capacity Charges, Meter Installation and Admin Fees 2 Conditions for Water Service Letter Fee — a fee charged to recover the DWP's reasonable costs when DWP staff time is required for reviewing development plans, reviewing the DWP's existing infrastructure capabilities, identifying applicable DWP regulations, and submitting formal conditions for water service to the appropriate City or County Planning Department, in the form of either a Development Review Committee Letter or a County W-1 Form. Construction Cost Index (CU) — the construction cost index published by Engineering News-Record, a McGraw Hill company, incorporating material and labor costs among 20 U. S . cities. Construction Inspection — an inspection performed by the DWP or by a DWP-hired contractor to inspect new facilities or water pipeline installation. Construction Inspection Fee — a fee charged for an inspection performed by the DWP or by a DWP-hired contractor to inspect new facilities or water pipeline installation. In cases where the DWP uses its in-house inspector for the construction inspection, the developer shall pay Time and Materials. Expenses included in Time and Materials for the DWP's in-house inspector shall include a Vehicle Expense Allocation. In cases where the DWP's in-house inspector is not available, the developer will pay the DWP's cost to hire the inspector, including the Time and Materials involved in hiring the inspector and administering the contract. Delinquency Fee (formerly referred to as "Shut-off Notice Fee.") — a fee charged to a customer when the DWP is required to deliver physical written notice (door tag) of an impending termination or shut-off of water service. Delinquent Account Service Call Fee — a fee charged to a customer when a DWP Representative is dispatched to disconnect service for failure to pay after door tag grace period has expired. Lien Processing Fee — a fee charged by the DWP to recover its reasonable costs associated with placing a lien on a customer's real property for non-payment of an account. The term also refers to a fee charged by the DWP to recover its reasonable costs associated with removing a lien from a customer's real property. Long-Side Service — a water meter installation in which (i) the water meter is located on the opposite side of the street as the water main; or (ii) the distance from the water meter to the water main is greater than 15 feet. Meter Installation Fee Schedule — the schedule referenced in Section 3 outlining the schedule of meter installation fees. New Service or Transfer Fee — a fee charged to a customer to establish a new account or to transfer an existing account into a new customer's name. 0/BoardfResolutions2009/Reso2009-08 Capacity Charges, Meter installation and Admin Fees 3 Reconnect Fee (commonly known as a "Meter Lock-Off') — a fee charged to a customer to physically lock off a meter when the DWP is required to take such actions. The fee includes the cost to restore regular service. This fee is charged after service has been restored. Reconnect After Hours Fee (formerly referred to as Meter Lock-Off After Hours) — a fee charged to a customer to physically lock off a meter after regular DWP office hours when the DWP is required to take such actions. The fee includes the cost to restore regular service after regular DWP office hours. This fee is charged after service has been restored. Requested Turn Off and On Fee — a fee charged by the DWP to cover its reasonable costs associated with turning a meter valve on or off when such actions are requested by a customer. This fee is charged when the service is turned off (or on) by a DWP representative; the cost for the reversing service — turn on (or of is included in the initial charge. This fee covers no more than two service calls. Residential — Residential use includes use primarily for purposes of habitation and not included within the definition of commercial use above. For purposes of this resolution, a private residence that includes a home office is a residential use under this Resolution. Returned Payment Fee_(formerly referred to as Returned Check Fee) — a fee charged by the DWP to recover its reasonable processing costs when a bank or credit card service returns a customer's check or rejects a payment for various reasons, including but not limited to insufficient funds, stop payments, over limit, or account holds. Rimforest — that area of Rimforest, California included to the DWP's greater service area Short-Side Service — a water meter installation in which (i) the water meter is located on the same side of the street as the water main; or (ii) the distance from the water meter to the water main is less than or equal to 15 feet. Customer Deposit Fee — a deposit received from the customer and held as security in the case of future nonpayment. Time and Materials — a fee charged to a customer to cover the DWP's actual labor, material, and equipment expenses incurred in connection with Construction Inspection, repair of Vandalism caused by the customer, and meter installation of a meter greater than two (2) inches. Usage Charges — the rate charged by the DWP for metered water usage, currently expressed as a rate per CCF or one hundred cubic feet of water. Vandalism Fee — fees charged for any damages to the DWP's property including, but not limited to, broken locks (in the case of a locked off meter), meter registers, KV valves, and fire hydrants. GBoard/Resolutions2009/Reso2009-08 Capacity Charges, Meter Installation and Admin Fees 4 Water Feasibility Review Fee - a fee charged to recover the DWP's reasonable costs when DWP staff time is required for reviewing development plans, reviewing the DWP's existing infrastructure capabilities, identifying applicable DWP regulations, managing and processing preparation of a water feasibility study, meeting with the developer and engineer to discuss study results, and submitting formal conditions for water service to the appropriate City or County Planning Department. Water Feasibility Negotiation Fee — a fee charged by the DWP to recover its reasonable costs not covered by the Water Feasibility Review Fee including negotiating and preparing a reimbursement agreement with a developer for cost recovery and/or DWP cost sharing of upsized facilities. Section 3. Administrative Fees — Fees Related to Water Service. Beginning January 1, 2010, the following Administrative Fee Schedule will be in effect: Table 1 -Administrative Fee Schedule Fee Type Fee Amount Customer Deposit Fee — Residential $200 Customer Deposit Fee — Commercial *$200 Returned Payment Fee $25 Collection Processing Fee $35 New Service or Transfer Fee $25 Delinquency Fee $15 Delinquency Account Service Call Fee $30 Requested Turn Off/On Fee $50 Backflow Certification Fee $5 Backflow Certification Delinquency Fee $15 Lien Processing Fee $120 Reconnect Fee $85 Reconnect After Hours Fee 120 Vandalism Fee Time and Materials Development Services: Conditions of Water Service Letter Fee Time and Materials Water Feasibility Review Fee Time and Materials _ Water Feasibility Negotiation Fee Time and Materials Construction Inspection Time and Materials 'or twice the Commercial customer's average monthly bill over the most recent 12 month period available, whichever is higher. GIBoard/Resolutions20091Reso2009-08 Capacity Charges, Meter Installation and Admin Fees 5 Section 4. Meter Installation Fee. A. Beginning July 1, 2009, the following Meter Installation Fee Schedule became effective as a result of the February 2009 CCI adjustment: Table 2-Meter Installation Fee Schedule Meter Size Short-Side Service Long-Side Service 5/8" $969 $1,863 1" $1,039 $1,934 1 —1/2" $1,792 $3,005 2" $1,884 $3,102 Greater than 2" Time and Materials Time and Materials The Meter Installation Fee will be adjusted July 1, of each year, in accordance with paragraph B. below: B. Effective July 1, 2008, and each July 1 thereafter, each of the fees in the Meter Installation Fee Schedule will automatically adjust in proportion to the annual percentage change in the February CCI. The annual percentage change in the February CCI will be determined by the ratio of the current year February CCI to the previous year February CCI, carried out to five decimal places. Section 5. Capital Facilities/Connection Charge. Effective January 1, 2010, the Capacity Charges (formerly referred to as Capital Facilities/Connection Fee Charge) will be set at $4,534 per equivalent dwelling unit (EDU) in the Rimforest water system. Effective January 1, 2010, for all other DWP- owned water systems, the Capacity Charges will be set at $7,648 per EDU. Effective July 1, of each year, Capacity Charges in all DWP water systems will automatically adjust in proportion to the annual percentage change in the February CCI of the same calendar year. The annual percentage change in the February CCI will be determined by the ratio of the current year February CCI to the previous year February CCI, carried out five decimal places. Section 6. Effective Date. This Resolution shall be effective upon the effective date of the ordinance of the City Council, approving this Resolution. G/BoardfResolutions2009/Reso2009-08 Capacity Charges, Meter Installation and Admin Pees 6 PASSED, APPROVED, AND ADOPTED this 22ND day of September 2009. AYES: Miller, Giamarino, Tarras, Daily NOES: None ABSTAIN: None' ABSENT: Foulkes exi( /11tact/ Fred Miller, Vice Chair DWP Board of Commissioners Robyn B tton Secretary to the Board G/Board/Re,solutions20091Reso2004-08 Capacity Charges, Meter Installation and Admin Fees Resolution No. DWP 2009-08 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) CITY OF BIG BEAR LAKE I, Robyn Bratton, Secretary to the Board of Commissioners of the Depai tuient of Water & Power of the City of Big Bear Lake, California, do hereby certify that the whole number of members of said Board is five; that the foregoing Resolution, being Resolution No. DWP 2009-08, was duly passed and adopted by the said Board, and attested to by the Secretary of said Board, all at a Regular Meeting of the said Board, held on the 22 nd day of September 2009, that the same was so passed and adopted by the following vote: AYES: Miller, Giamartno, Tarras, Daily NOES: None ABSTAIN: None ABSENT: Foulkes Robyn atto Secreta to the Board (SEAL) G/Board/Resolutions2009/Reso2009-08 Capacity Charges, Meter Installation and Admin Fees 8 RESOLUTION NO. DWP 2009-10 REGARDING WATER DEMAND OFFSET CAPACITY CHARGES • A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE DEPARTMENT OF WATER & POWER OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF THE CITY BIG BEAR LAKE THE APPROVAL OF THE BOARD OF COMMISSIONERS RESOLUTION NO. 2009-08, RENDERING IT UNECESSARY TO ADOPT WATER DEMAND OFFSET CAPACITY CHARGES BY SEPARATE RESOLUTION WHEREAS, Section 13.26.060 of the Big Bear Lake Municipal Code authorizes the City Council of the City of Big Bear Lake ("City Council") to establish Water Demand Offset Capacity Charge by resolution; and WHEREAS, the City Council did establish a Water Demand Offset Capacity Charge in Resolution No. 2005-06; and WHEREAS, pursuant to DWP Resolution No. 2009-08 the Board of Commissioners of the Department of Water and Power of the City of Big Bear Lake ("Board of Commissioners") adopted a single Capacity Charge as recommended by HDR Engineering in its report entitled "Development of Capacity Charges August 2009," which includes fees for capital facilities improvement, water demand offset and development of supplemental sources of water supply; and WHEREAS, the DWP Board of Commissioners wishes to recommend that the City Council approve the Capacity Charge set forth in the Board of Commissioner Resolution No. 2009-08, thereby rendering it unnecessary to adopt a Water Demand Offset Capacity Charge by separate resolution; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners, hereby recommends that the City Council approve Board of Commissioners Resolution No. 2009-08, the provisions of which supersede the provisions of City Council Resolution No. 2005-06 establishing a Water Demand Offset Capacity Charge. Be it further resolved that this Resolution shall be effective upon the effective date of the ordinance of the City Council approving this Resolution, G/Board/Resolutions2009/Reso2009-10 Repeat of Demand Offset Capacity charges 1 PASSED, APPROVED, AND ADOPTED this 22ND day of December 2009, AYES: Miller, Giamarino, Tarras, Daily NOES: None ABSTAIN: None ABSENT: Foulkes 1.2 /-22/4 ^ 4,4 Date Fred Miller, Vice Chair DWP Board of Commissioners Attest: G/Board/Resolutions2009/Reso2009-10 Repeal of Demand Offset Capacity charges 2 Resolution No. DWP 2009-10 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) CITY OF BIG BEAR LAKE I, Robyn Bratton, Secretary to the Board of Commissioners of the Department of Water & Power of the City of Big Bear Lake, California, do hereby certify that the whole number of members of said Board is five; that the foregoing Resolution, being Resolution No. DWP 200940, was duly passed and adopted by the said Board, and attested to by the Secretary of said Board, all at a Regular Meeting of the said Board, held on the 22 nd day of December 2009, that the same was so passed and adopted by the following vote: AYES: Biller, Giamarino, Tarras, Daily NOES: None ABSTAIN: None ABSENT: Foulkes Rob Bratt n Secretary to the Board (SEAL) 0/Board/Re,soltitions2009/Reso2004-10 Repeal of Demand Offset Capacity charges 3 ORDINANCE NO. 2005-346 AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADDING CHAPTER 13.26 TO ARTICLE OF TILE BIG BEAR LAKE MUNICIPAL CODE ESTABLISHING A WATER DEMAND OFFSET PROGRAM FOR ALL NEW DEVELOPMENT WHEREAS, on December 17, 2002, the Board of Commissioners of the Department of Power of the City of Big Bear Lake (the "Department") declared within Resolution No. DWP 2002.07 that a water shortage emergency, existed, and directed the Department staff to develop specific recommendations for restrictions on delivery and consumption of water within the Department's service area in order to address the water shortage; and WHEREAS, since December 17, 2002, the water shortage conditions have persisted and worsened forcing the Department to consider alternative sources of water for new development; and WHEREAS, in its November 2004 meeting', the Board of Commissioners of the Department directed staff to cease issuing water availability letters or conditions for water service to any project within the Department's service area based on findings made by the Department's Technical Review Team that showed that future water demand exceeded available water supplies; and WHEREAS, in light of this water shortage, the City Council of the City of Big Bear Lake believes that a water demand offset capacity charge is essential for purposes of creating capacity in existing water supply facilities thereby allowing the Department to service the additional demand created by new development; and WHEREAS, the City Council of the City of Big Bear Lake recognizes that there remains a demand for new water connections to supply new development and affordable housing units within the Department's service area and that it is not the intention of the City Council to unnecessarily inhibit new development; and WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City is authorized to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with the general laws of the State. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 13.26 is hereby added to the Big Bear Lake Municipal Code to read as follows: 1 Chapter 13.26 WATER DEMAND OFFSET PROGRAM Sections: 13.26.010 Purpose. 13.26.020 Application. 13.26.030 Definitions. 13.26.040 Water Use Policies and Requirements. 13.26.050 Implementation of the Water Demand Offset Program- Estimating the Water Demand to be Offset. 13.26.060 Implementation of the Water Demand Offset Program- Use of the Water Demand Offset Capacity Charge 13.26.070 Implementation of the Water Demand Offset Program- Prioritizing Retrofit Candidates. 13.26.080 Implementation of the Water Demand Offset Program- Procedure for Obtaining a Water Connection 13.26.090 Appeal Process. 13.26.100 Severability. 1316.110 Affordable Housing. 13.26.010 Purpose. The purpose of these regulations is to require all developers and applicants within the Big Bear Valley to pay a water demand offset capacity charge in order to free up capacity in existing water supply facilities to help service the additional demand created by new development. Without the charges collected from this water offset program, the Department will not be in a position to provide water to future development, causing a preventable harmful effect on development and on the economic well-being of the Big Bear Valley. 13.26.020 Application. The provisions of this Chapter shall apply to all new development in the Department's Service Area within the Big Bear Valley. 13.26.030 Definitions. The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section, unless otherwise specified within individual sections of this Chapter. "Affordable Housing" means affordable or low income housing as defined and formally designated by the City of Big Bear Lake and/or the County of San Bernardino. "Applicant" means any person or entity seeking a water connection, "Aquifer" means a permeable geologic unit that can transmit significant quantities of water under ordinary hydraulic gradients. 2 "Average Daily Demand" (ADD) means 250 gallons per day per EDU. "Board" means the Department's Board of Commissioners. "Customer" means all persons, residences, businesses, and entities who receive and/or use water provided by the Department within the City or County. "Department" means the City of Big Bear Lake Department of Water and Power. "Demand offset" means offsetting the estimated new water demand of any project by retrofitting an existing water use in such a way as to produce an estimated net water savings to the system. "Developer" means any person or entity who creates a new lot. "Development" means a project, usually involving the construction of dwellings or buildings. "Equivalent Dwelling Unit (EDU)" means the amount of water used by a typical household in the Big Bear Valley as calculated by the Department, which is equal to 250 gallons per household per day, or 0.28 aere.ft per year. Finite" means limited in quantity. "Fire protection" means water needed to protect humans and their property from an active fire. "Fixture" means a plumbing fixture, such as a faucet, toilet, or shower, "Greatest public benefit" means anything that is most beneficial, in the long run, to the majority of the community. "Ground water basin" means any area that is defined by natural topography such that all surface and subsurface water, due to the forces of gravity, has the potential to move in a common direction or pool in a common area. "His" is a collective term independent of gender and may refer to male or female. "Human consumption" means water directly consumed by humans and their pets or livestock. "Inefficient" means using water in a quantity in excess of the amount required to accomplish a given task. "Landscape" means the entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes, and other non-porous areas. 3 "Landscaping" means the process of adding or subtracting vegetation or non-vegetative materials or their support structures (e.g. irrigation systems, walkways, retaining walls) to a landscape. "Lot" means a parcel or portion of land separate from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease, or separate use as approved by the appropriate government agency. "Low flow" means any water fixture that meets or exceeds current low flow standards for that item, "Map" means a parcel map or a final map prepared in accordance with the requirements of the Subdivision Map Act, which map is designed to be recorded in the office of the county recorder. "Maximum Daily Demand" (MDD)rneans 2.5 times the Average Daily Demand. "New development" means a development that is under construction or will be constructed in the near future, and for which certificates of occupancy have not been granted. "Offset Capacity Charge" means a charge payable to the Department for offsetting water demand and creating capacity for a new development. Department will perform retrofits and other offsets with the monies collected from this fee, "Plumbing Fixture Unit (PFU)" means unit assigned to a plumbing fixture to determine the water demand of that particular type of fixture. 20 plumbing fixture units equals one EDU. One PFU equals 0,014 acre-ft. "Retrofit" means any change to an existing element or the action of removing existing plumbing fixtures and replacing them with more efficient fixtures. "Retrofit project" means any project that takes an existing water use and reduces its water use by means of retrofitting or replacement. Examples of a retrofit project include retrofitting existing fixtures or appliances with lower flow/flush models, or replacing high water use landscaping with low water use landscaping. "Sanitation" means cleanliness or the disposal of =healthful waste. "Wasteful" means using water in a quantity in excess of the amount needed to accomplish a given task. "Water conservation" means practices or activities, which result in the use of water efficiently and in quantities considered less than average. 4 "Water Demand" means the quantity of water used by a particular project in the course of one year. "Water Demand Offset Program" means a program requiring developers and applicants to offset the water demand of their projects. "Water Demand Study" means a study which (a) is performed by a registered professional engineer, (b) is prepared at the cost and expense of the developer or property owner, and (c) accurately calculates, as determined by the Department, the water demand of a project utilizing accepted engineering principles. "Water Use Factors" means the amount of water used by a particular plumbing fixture over the course of a year. "Water loss" means the unaccounted reduction in the quantity of water. "Water resources" means the retrievable and usable supply of water. "Water usage," means the act of using water provided by the Department's water system, 13.26.040 Implementation of the Water Demand Offset Program- Defining Development Project Size Categories. Projects will be divided into two project size categories for both residential and commercial projects to implement this program, A. Small residential and commercial projects 1. Residential developments consisting of six or fewer dwelling units. 2. Commercial developments (retail businesses, service businesses, restaurants, hotels, motels, lodges, etc.) with an EDU count of six or fewer derived from plumbing fixture units. 13. Large residential and commercial projects 1. Residential developments consisting of more than six dwelling units, 2. Commercial developments with an EDU count greater than six derived from plumbing fixture units. 13.26.050 Implementation of the Water Demand Offset Program- Estimating the Water Demand to be Offset. A. At the time a map or similar instrument is recorded, a developer will be required to offset a portion of the anticipated demand by paying a Water Demand Offset capacity charge equivalent to 0.5 EDU for each new lot that is 5 created. Any water demand exceeding 0.5 BM shall be offset by an applicant in accordance with the provisions of this Chapter. B. An applicant shall calculate the total water demand to be offset as follows: 1. When an applicant seeks a water connection for a lot where a small residential or commercial development is being proposed, he will calculate his water demand using the water use factors provided in Table 1. 2. When an applicant seeks a water connection for a lot where a large residential development is being proposed, he may calculate his water demand using the water use factors provided in Table 1, or he may elect to submit a Water Demand Study, which determines the water demand of his proposed development. 3. When an applicant seeks a water connection for a lot where a large commercial development is being proposed, he will be required to submit a Water Demand Study, which determines the water demand of his proposed development. C. Water Demand Studies will be professionally prepared by a consultant or company experienced in producing water demand studies and must be signed by a registered professional engineer licensed in the State of California. The study shall include the projected water demand for the project, including both the Average Daily Demand (ADD) and the Maxi/num Daily Demand (1vIDD). D. If an applicant proposes to include special water recycling or reuse features, such as reclaimed water, the calculated water demand may be reduced by an amount equal to the estimated decrease in water use, reducing the number of EDU's required by the development. E. If a new development will replace an existing water use, an applicant will be given credit for the calculated water demand equal to the replaced water use. F. Water demand studies may be required by the Department for any development that will incorporate special features or demand credits as set forth in sections 13.26.050 D and E. G. All calculations of project water demand, Water Demand Studies, and potential credits for previously existing water uses must be reviewed and approved by the Department prior to the beginning of construction of the new development. 6 Table I Residential/Commercial Water Demand Type of Fixture Plumbing Fixture Unit Demand (acre-ft) (PFU Toilet 2.5 0.035 Shower 2.0 0.028 Bath/Shower 4.0 0.056 Additional Bath/Shower* 3.5 0.049 Urinal 3.0 0.042 Bathroom Sink 1" Faucets 1.0 0.014 Additional Bathroom 0.5 0.007 Sinks* Kitchen Sink 1.5 0.021 Additional Kitchen Sinks* 1.0 0.014 Dishwasher 1.5 0.021 Additional Dishwashers* 1.0 0.014 C othes Washer 4.0 0.056 Additional Clothes Washer* 2.5 0.035 Laundry Sink 2.0 0.028 Mop Sink 3.0 0.042 13ar Sink 1.0 0.014 * Applies to residential developments only. These water use factors are intended to reflect average water use over the life of the project, and are based on the water use of a sample of similar projects in the Big Bear Lake area, 1 Plumbing Fixture Unit (PFU) 0.05 EDU = 0.014 acre-feet 1 EDU = one 3 bedroom/2 bath residence - 0.28 acre -ft 20 PFU 13.26.060 Implementation of the Water Demand Offset Program- Use of the Water Demand Offset Capacity Charge A. The City Council will adopt a resolution to establish a water demand offset capacity charge. 13. Once established, the Water Demand Offset capacity charge will be paid to the Department for all new development required to participate in this program and will be paid in addition to any other connection or supplemental water source fees imposed by the Department. 7 C. The Water Demand Offset capacity charges collected by the Department will be specifically designated for future retrofit projects that create water capacity for new developments. D. The water demand offset capacity charge per EDU will be calculated based on the estimated costs for the Department to retrofit existing water uses to offset the demand of 1.0 EDU. E. Turf reduction retrofits will be credited/reimbursed equal to the area of qualifying turf times the turf disposal rate, as determined by Department staff F. Water Demand Offset funds will be utilized for turf reduction projects greater than 500 square feet. Any turf areas less than 500 square feet will not be eligible for Water Demand Offset funds. G. The Department will fund, up to a predetermined maximum amount per square foot, the removal of existing turf to as little as 500 square feet of remaining turf. The property owner will be responsible for the cost of removing the first 500 square feet on projects where all turf on the property will be removed. IL Any distribution of Water Demand Offset funds will be equal to 1. The Department's estimated water savings in an irrigated replacement landscape, resulting from the actions taken in either section 13.26.060 (11)( 2) or (1.1)(3) minus 15 percent 2. The amount of turf removed, when greater or equal to 500 square feet of turf remain on the property after landscape retrofitting, or 3. The amount of the turf removed, minus 500 square feet, when less than or equal to 500 square feet of turf remain on the property after the landscape retrofit. The irrigation system must be removed from the area that will be credited for the Water Demand Offset funds. J. Verification of turf removal will be accomplished by inspection of the property before turf removal, inspection of the property after turf removal, and by submission of a weight ticket from a waste disposal facility or transfer station, K. Any property with an indoor plumbing fixture retrofit must be totally retrofitted; partial indoor plumbing fixture retrofits will not be permitted. 8 L. All water demand offset required by this program will need to be matched with actual retrofit candidates as a condition of service by the Department. M. Once a retrofit candidate has been assigned to a water demand offset retrofit project and it has been completed, it cannot be transferred to another project. 13.26.070 Implementation of the Water Demand Offset Program- Prioritizing Retrofit Candidates. A. Retrofit candidates that rely 100 percent on the Department water supply will be given higher priority than customers with both Department water and private well supplies. B. Retrofit candidates developed from (i) Retrofit Upon Resale commercial accounts, (ii) full-time residential accounts, and (iii) turf buy-back/rebates will have high priority for Water Demand Offset funding. C. Retrofit candidates belonging to the Department's Low Income Family Assistance (LIFA) Program will be given a high priority for Water Demand Offset funding. 13.26,080 Implementation of the Water Demand Offset Program Procedure for Obtaining a Water Connection . In order to ensure the Department has sufficient capacity to supply water to a new development, the following procedures shall be observed: A. The developer shall enter into a Water Demand Offset Agreement with the Department as a condition of obtaining the Department's representation that sufficient capacity exists to service the lots to be created. B. The Water Demand Offset Agreement shall require that the developer pay that portion of the Water Demand Offset capacity charge necessary to offset 0.5 EDU of water demand for each new lot at the time the map of the new development or similar instrument is recorded with the county recorder, C. An applicant for a water connection shall calculate his water demand in accordance with section 13.26050 B. of this Chapter. Thereafter, he shall submit a Water Demand Offset Application or Water Demand Study for review and approval by the Department, D. The Department will review the submitted Water Demand Study or Water Demand Offset Application, and return it to the applicant within 15 working days. The number of EDUs for the development required to be offset will be provided to the applicant with the Department's approval or comments. 9 E. The Department will require the applicant to pay a Water Demand Offset capacity charge, which will be based on the number of EDU's, that the applicant will be required to offset. The Department will apply a credit for any previous payments of the Water Demand Offset capacity charge. 13.26.090 Appeal Process. An applicant shall have the right to a hearing before the Department's General Manager if the Department receives a written request for such a hearing on or before twenty-one (21) days after receiving Department's response to the application, The written request for a hearing shall include a statement setting forth reasons why the applicant believes the water demand offset, water demand credit, or reimbursement for retrofit was inedritctly computed by the Department's staff Documentation, that substantiates the applicant's position must be submitted with the request for a hearing. Upon receipt of a request for a hearing, the General Manager shall contact the applicant regarding proposed dates for the hearing. The hearing shall be conducted at the Department's offices, The date of the hearing shall be set at a time that is mutually convenient to both parties but no later than fifteen (15) days from the date of request, The hearing shall be informal and shall not require adherence to any particular procedure, The General Manager shall render a written decision on or before five (5) days following the date of the hearing. If the customer is not satisfied with the written decision of the General Manager, and is alleging that Department's General Manager or his staff has violated Department process, the customer may appeal the decision to the Board. For all other appeals, the appeals process will be considered completed upon the rendering of the written decision by the General Manager. The applicant shall only have a right to appeal alleged violations of the procedures of this chapter by the General Manager or his staff to the Board if the Board receives a written request for such an appeal hearing on or before fifteen (15) days after the date of the General Manager's decision. For all other matters or issues, the decision of the General Manager is a final decision of the Department, and the applicant shall have no right of appeal. Prior to establishing a hearing date, a review committee composed of one or more Board members shall review the customers written request for appeal. If a follow-up review is deemed necessary a hearing with the Board will be scheduled. The hearing before the Board shall be held at: a regular Bot‘rd irreetingv‘ithin thirty (30) days of the Department receiving the written request for a healing. The decision of the Board shalt be final. 10 13.26.100 Severability. If any provision of this ordinance is found to be illegal, unconstitutional or unenforceable for any reason whatsoever, that provision shall be severed from the remaining provisions of this resolution, which shall remain in full force and effect. 13.26.110 Affordable Housing. The Department waives any Water Demand Offset Capacity charges established by the City Council for any affordable housing development. SECTION 2. This Ordinance shall take effect and shall be published in accordance with applicable law. PASSED, APPROVED AND ADOPTED this 28 day of February, 2005. AYES: Conklin, Daily, Harris, Jahn, Mulvihill NOES: None ABSENT: None ABSTAIN: None r)ei.A4nolataL_., Darrell Mulvihill, Mayor ATTEST: REVIEWED AND APPROVED: AP' therine E. Se Best Best & Krieger LIP Ci y Clerk City Attorney 11 Page 12 Ordinance No. 2005-346 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) ss CITY OF BIG BEAR LAKE I, Katherine E. Jefferies, City Clerk of the City of Big Bear Lake do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 2005-346 is a full, true and correct original of Ordinance No, 2005-346 of the said City of Big Bear Lake, California, entitled: AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADDING CHAPTER 13.26 TO ARTICLE XIII OF THE BIG BEAR LAKE MUNICIPAL CODE ESTABLISHING A WATER DEMAND OFFSET PROGRAM FOR ALL NEW DEVELOPMENT was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council on the 2r day of February 2005, and that the same was so passed and adopted by the following vote: AYES: Conklin, Daily, 1-farris, Jahn, Mulvihill NOES: None ABSENT: None ABSTAIN: None 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, 2005-346 was duly and regularly published according to law and the order of the City Council and circulated within said City. Katherine E. Jefferi City Clerk ORDINANCE NO. 2007-368 AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RESCINDING A PORTION OF ORDINANCE NO 2002-321 AND A PORTION OF ORDINANCE NO 2004-340 AND ADOPTING CERTAIN INCREASES TO CAPITAL FACILITIES/CONNECTION CHARGES, METER SERVICE INSTALLATION FEES AND OTHER FEES RELATED TO WATER SERVICE WHEREAS, Section 1124,200 of the Big Bear Lake Municipal Code authorizes the increase of water rates, charges and fees, provided (i) the Board of Commissioners of the Department of Water and Power of the City of Big Bear Lake ("DWP") adopts the increased water rates, charges, and fees by resolution following a noticed public hearing; and (ii) such resolution is forwarded to the City Council of the City of Big Bear Lake ("City Council") and subsequently approved by ordinance; and WHEREAS, in accordance with the forgoing, capital facilities/connection charges, meter installation fees, and other fees related to water service have been increased over the years; and WHEREAS, the capital facilities/conneetion charge is being increased t reeeet increases in the Engineering News - Record Construction Cot index as authorized by Ordinance No, 2004-340; and WHEREAS, DWP staff has caused the preparation of the "City of Big Bear Lake' Department of Water and Power Financial Plan and Water Rate Study" (the "Study") which recommends the increase of the DWP's meter installation fees as well as other fees related to water service; and WHEREAS, the increase proposed by the Study will assist the DWP in recovering its costs related to providing the services for which these fees are charged; and WHEREAS, on March 27, 2007, the DWP Board of Commissioners approved DWP Resolution No. 2007-05 which recommends that the City Council adopt increased capital facilities/connection charges, meter installation fees, and other fees related to water service; and WHEREAS, pursuant to Government Code section 66016, a copy of the Study has been made available to the public at least ten (10) days prior to the date of this meeting, which provides data to justify the proposed increase in the forgoing fees; and WHEREAS, notice of the public meeting adopting this Resolution has been given in compliance with Government Code sections 66016 and 66018. Page 2 Ordinance No. 2007-368 NOW, THEREFORE, the City Council of the City of Big Bear Lake *does ordain as follows: Section 1. Repeal. Sections 3, 4 and 5.B. of Ordinance No. 2002-321 and Section 2 of Ordinance No. 2004- 340 are hereby repealed in their entirety. Section 2. Defined Terms. The following capitalized terms are used herein and shall have the meanings ascribed to them below. Backflow Certification Fee -- a fee charged by the DWP to cover its seasonable .cost - associated with notifying a customer who is a private well owner of DWP's backflow.!.;-e . e•• requirements. Backflow Certification Delinquency Fee -- a fee charged by the DWP to a custOmei who . has been notified of DWP's backflow requirements and who has not provided proof of backflow certification within the no* ,:d. tilnae limits. ...: • • , ca.lts). 2, one: ht{. ALizaf'',:aie fek of 'veat6r Collection Fee -- a fee cbarged.by the DWP when arcustomer's account is transferred to a collectionlagencY for collection of, an unpaid balance: . Commercial Customer — all nonresidential water users connected -to the DWP water system including for profit and nonprofit businesseS and all local government entities. The term excludes Rimforest water users. Conditions for Water Service Letter Fee — a fee charged to recover DWP's reasonable costs when DWP Staff time is required for reviewing development plans, reviewing DWP's existing infrastructure capabilities, identifying applicable DWP regulations and submitting formal conditions for water service to the appropriate City or County Planning Department, in the form of either a Development Review Committee Letter or a County W-1 Form. Construction Cost Index (CCI) — the construction cost index published by Engineering News-Record, a McGraw Hill company, incorporating material and labor costs among 20 U.S. cities. Construction Inspection — an inspection performed by the DWP or by a DWP-hired contractor to inspect new facilities or water pipeline installation. Page 3 Ordinance No. 2007-368 Lien Processing Fee — a fee charged by the DWP to recover its reasonable costs associated with placing a lien on a customer's real property for non-payment of an account. The term also refers to a fee charged by the DWP to recover its reasonable costs associated with removing a lien from a customer's real property. Long-Side Service — a water meter installation in which (i) the water meter is located on the opposite side of the street as the water main; or (ii) the distance from the water meter to the water main is greater than 15 feet. Meter Installation Fee Schedule — the schedule referenced in Section 4 outlining the schedule of meter installation fees. Meter Installation Fee a fee charged to physically install a water meter. This fee includes reasonable labor, equipment,.and materials costs. Meter Lock-Off Fee — a fee charged to a customer to physically lock off a meter when the DWP is required to take such actions. The fee is also applied when the DWP unlocks a' meter to restore regular service. - Meter:Lock-Off Fee After Hours — a fee :charged to a customer to physieallYlock Off a meter after regular DWP of hours when the DWP is required to take such actions. The . fee,is:afso applied when the DWP unlocks alrrieter to restore regular service after regular::: . DWP office hours. New Service or Transfer Fee — a fee charged to a customer to establish a new account or to transfer an existing account into a new customer's name. Requested Turn Off/On. Fee — a fee charged by the DWP to cover its reasonable costs associated with turning a meter valve on or off when such actions are requested by a customer. ; • • Residential Customer— all residential water users connected to the DWP's water system. The term excludes the Rimforest water users. Returned Check Fee — a fee charged by the DWP to recover its reasonable processing costs when a bank returns a customer's check for insufficient funds. Rimforest — that area of Rimforest, California connected to the DWP water system. Short-Side Service — a water meter installation in which (i) the water meter is located on the same side of the street as the water main; or (ii) the distance from the water meter to the water main is less than or equal to 15 feet. Page 4 Ordinance No. 2007-368 Shut-off Notice Fee —a fee charged to a customer when the DWP is required to provide a physical notice of an impending termination or shut off of water service. Tenant Deposit Fee — a deposit received from the customer and held as security in the case of future nonpayment. Deposits with accrued interest are refunded to the customer's account after a one-year record of good payment or when the account is closed, whichever occurs first. The deposit will be waived if the customer can provide the DWP with a "Letter of Credit" from another utility company. The letter must show a one-year good credit history. Time and Materials — a fee charged to a customer to cover the DWP's actual labor, material, and equipment expenses incurred in connection with Construction Inspection or Vandalism caused by the customer, and meter installation of a meter greater than two (2) inches. Usage Charges the rate charged by the DWP for metered water usage, currently expressed as a rate per CCF or one hundred cubic feet of water. Vandalism ,.any damages to DWP's property including, but not limited to, broken locks (in the case ea locked offmeter), - meter registers, k-v valves, and fire hydrants.... . Water. Feasibility, Review Fee a fee. charged to. recover DWP's reasonable costs :when •. • DWP Staff time is required for reviewing development plans, reviewing DWP's existing infrastructure capabilities, identifying applicable DWP regulations, managing and processing preparation of a water feasibility study, meeting with the developer and engineer to discuss study results, and submitting formal conditions for water service to the appropriate City or County Planning department Water Feasibility Negotiation Fee — a fee charged by the DWP to recover its reasonable costs not covered by the Water Feasibility Review Fee, including, but not limited to, negotiating and preparing a reimbursement agreement with a developer for cost recovery and/or DWP cost sharing of upsized facilities. Section 3. Administrative Fees — Fees Related to Water Service. The following Administrative Fee Schedule shall be in effect: Table 1 -Administrative Fee Schedule Fee Type Fee Amount Tenant Deposit Fee — Residential Customer $200 Tenant Deposit Fee — Commercial Customer *$200 Returned Check Fee $25 Collection Fee $25 Page 5 Ordinance No. 2007-368 New Service or Transfer Fee $10 Shut Off Notice Fee $15 Requested Turn Off/On Fee $50 Backflow Certification Fee $5 Backflow Certification Delinquency Fee $20 Lien Processing Fee $110 Meter Lock Off Fee $85 Meter Lock Off After Hours Fee 105 Vandalism Fee Time and Materials Development Services: Conditions of Water Service Letter Fee $75 Water Feasibility Review Fee $500 Water Feasibility Negotiation Fee $1,000 Construction Inspection Time and Materials *or twice the Commercial customer's average monthly bill over the most recent twelve month period available, whichever higher. Section 4. Meter Installation Fee. A. The following Meter Installation Fee Schedule shall be in effect. Table 2-Meter Installation Fee Schedule Meter Size Short-Side Service Long-Side Service 5/8" $895 $1,720 1" $960 $1,786 1 —1/2" $1,655 $2,775 2" $1,740 $2,865 Greater than 2" Time and Materials Time and Materials B. Effective July 1, 2008, and each July 1 thereafter, each of the fees in the Meter Installation Fee Schedule will be automatically adjusted in proportion to the annual percentage change in the February CC!. The annual percentage change in the February CCI will be determined by the ratio of the current year February CCI to the previous year February CCI, carried out to five decimal places. Page 6 Ordinance No. 2007-368 Section 5. Capital Facilities/Connection Charge. The capital facilities/connection charge will be set at $4,187 per equivalent dwelling unit in the Riniforest water system. Effective July 1, 2007, for all other DWP-owned water systems, the capital facilities/connection charge will be set at $5,631 per equivalent dwelling unit, plus $1,139 per equivalent dwelling unit to pay for supplemental water sources, for a total of $6,770 per equivalent dwelling unit. Effective July 1, 2008, and July 1 of each succeeding year, the amount of the capital facilities /connection charge in all DWP water systems will be automatically adjusted in proportion to the annual percentage change in the February CCI. The annual percentage change in the February CCI will be determined by the ratio of the current year February CCI to the previous year February CCI, carried out five decimal places. Section 6. Effective Date. This Ordinance shall take effect on the 30 th day following its adoption. PASSED, APPROVED, AND ADOPTED. by the City Council of Big Bear Lake on this 14th day of May, 2007. AYES: Harris, Herrick, Jahn, K'ari, Mulvihill • NOES: None ABSENT: None ABSTAIN: None May 14 2007 Date ATTEST: REVIEWED AND APPRO ED: Katherine E. Jefferies, Best Best & Krieger LLP City Clerk ' City Attorneys Page 7 Ordinance No. 2007-368 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) ss CITY OF BIG BEAR LAKE I, Katherine E. Jefferies, City Clerk of the City of Big Bear Lake do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 2007-368 is a full, true and correct original of Ordinance No. 2007-368 of the said City of Big Bear Lake, California, entitled: AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RESCINDING A PORTION OF ORDINANCE NO. 2002-321 AND A PORTION OF ORDINANCE NO. 2004-340 AND ADOPTING CERTAIN INCREASES TO CAPITAL FACILITIES/CONNECTION CHARGES, METER SERVICE INSTALLATION FEES AND OTHER FEES RELATED TO WATER SERVICE was duly passed and adopted by the said City Council, approved and signed by-The Mayor.of said City, and attested by the City Clerk of said City, all at a regular meeting of The said Council tin the • 14 day of May, 2007, and that the same was so passed and adopted by the following rote: ; • 1,N AYES: Harris, Herrick, Jahn, Karp, Mulvihill NOES: None ABSENT: None ABSTAIN: None 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. 2007-368 was duly and regularly published according to law and the order of the City Council and circulated within said City. MIA * -- A-. Katherine E. Jefferies, CMC W City Clerk