CITY COUNCIL REGULAR MEETING AGENDA APRIL 27, 2020
Meeting Time - 6:30 p.m. This meeting is being conducted in accordance with Governor Newson’s Executive Orders N-25-20 and N-29-20. Pursuant to said orders, the public is discouraged from attending this meeting but may participate via teleconference. This meeting is accessible via Zoom at: https://zoom.us/j/358089628 or by telephone: 1-669-900-6833, Meeting ID: 358 089 628. Members of the public may also view this meeting live on the local Spectrum Cable Channel 182 or online at www.citybigbearlake.com.
COUNCILMEMBERS MAYOR RICK HERRICK MAYOR PRO TEM RANDALL PUTZ COUNCILMEMBER DAVID CARETTO COUNCILMEMBER BOB JACKOWSKI COUNCILMEMBER BILL JAHN
CITY STAFF CITY MANAGER FRANK A. RUSH, JR. CITY ATTORNEY STEVE DEITSCH DIRECTOR OF GOVERNMENT SERVICES KELLY ENT DIRECTOR OF DEVELOPMENT SERVICES JOHN HARRIS CITY CLERK ERICA STEPHENSON
OPEN SESSION Please Note: Agenda items may be moved at the discretion of the City Council.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMUNICATIONS Public comment is permitted on consent items, and otherwise 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 from taking any action on items not listed on the agenda. There is a three minute maximum time limit when addressing Council during this time period. Public comments on individual agenda items not on the consent calendar will be entertained when the agenda item is called.
CITY COUNCIL AGENDA PAGE 2 APRIL 27, 2020
In an effort to protect public health and prevent the spread of COVID-19 (Coronavirus), the City of Big Bear Lake encourages the public to participate in this meeting by dialing 1-669- 900-6833 and entering the Meeting ID: 358 089 628. The public is discouraged from attending this meeting at City Hall. Please note that the City Council is making efforts to follow the spirit and intent of the Brown Act and other applicable laws regulating the conduct of public meetings, in order to maximize transparency and public access. It would be appreciated if communications of public comments related to items on the Agenda, or items not on the Agenda, are emailed to [email protected] on or before Monday, April 27, at 4:00 p.m. Please include in the email’s subject line “Public Comment Item # (insert the number relevant to your comment)” or “Public Comment Non-Agenda Item”. If you wish to submit a public comment on more than one agenda item, please send a separate email for each item you are commenting on.
If it is not possible to submit an email by 4:00pm, and comments are submitted by email after that time or thru the Zoom chat feature during the meeting, every effort will be made to attempt to review emails and Zoom chats during the course of the meeting. The Mayor will endeavor to take a brief pause before Council action is taken on Agenda items to allow the City Clerk time to review the public’s electronic communications. Every effort will be made during the meeting to read aloud all electronically submitted comments. Please note, all electronically submitted correspondence relating to this meeting will become part of the Council meeting record and will be cited within the Council meeting minutes. Please limit written comments to 300 words or less.
In addition, prior to the close of public comment portions of the meeting the Mayor will provide the public an opportunity to verbally state their comment live via Zoom teleconference, as a reminder please be aware there is a three minute maximum time limit when addressing the Council.
1. CONSENT CALENDAR
1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 2/28/2020 THROUGH 4/15/2020 IN THE AMOUNT OF $2,886,839.45 AND THE MARCH 2020 TREASURER’S REPORT
1.2 APPROVAL OF MEETING MINUTES FROM THE MARCH 9, 2020 REGULAR MEETING OF CITY COUNCIL
1.3 APPROVAL OF MEETING MINUTES FROM THE MARCH 23, 2020 SPECIAL WORKSHOP MEETING OF CITY COUNCIL
1.4 APPROVAL OF MEETING MINUTES FROM THE APRIL 16, 2020 SPECIAL WORKSHOP MEETING OF CITY COUNCIL
1.5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AUTHORIZING EXECUTION OF MUTUAL AID AGREEMENTS
CITY COUNCIL AGENDA PAGE 3 APRIL 27, 2020
WITH SAN BERNARDINO COUNTY PUBLIC WORKS DEPARTMENT AND FLOOD CONTROL DISTRICT
Council consideration of approving a resolution of the City Council of the City of Big Bear Lake authorizing execution of Mutual Aid Agreements with San Bernardino County, and finding the execution of these Mutual Aid Agreements exempt from the California Environmental Quality Act.
1.6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH ROBOTIC SEWER SOLUTIONS, INC. FOR PHASE 1 OF THE INFLOW AND INFILTRATION REDUCTION PROJECT
Council consideration of approving a resolution of the City Council of the City of Big Bear Lake authorizing execution of a construction contract with Robotic Sewer Solutions, Inc. for Phase 1 of the Inflow and Infiltration Reduction Project in an amount not to exceed $103,750, and finding the project exempt from the California Environmental Quality Act.
1.7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH CLEMMER SERVICES, INC. TO COMPLETE HEATING/VENTILATION/AIR CONDITIONER IMPROVEMENTS AT THE ANIMAL SHELTER FACILITY
Council consideration of approving a resolution of the City Council of the City of Big Bear Lake authorizing execution of a construction contract with Clemmer Services, Inc. in an amount not to exceed $49,516, waiving additional solicitations for the Animal Shelter HVAC and electrical interior improvements, and finding the project exempt from the California Environmental Quality Act.
1.8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2020-21 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Council consideration approving a resolution of the City Council of the City of Big Bear Lake approving the Local Streets and Roads Program Project List itemizing the capital improvement and maintenance projects proposed to receive RMRA funds, include the Local Streets and Roads Program Project List in the Fiscal Year 2020-21 Annual Operating Budget, and authorizing appropriated RMRA funds to be allocated to the projects identified in the Local Streets and Roads Program Project List, and authorize staff to submit the Local Streets and Roads Program Project List to the CTC by May 1, 2020.
CITY COUNCIL AGENDA PAGE 4 APRIL 27, 2020
1.9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE APPROVING A SEWER LINE ASSESSMENT POLICY, BUDGET AMENDMENT, AND AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH ROMANS CONSTRUCTION CO. FOR THE BARTLETT PARKING LOT SANITARY SEWER COLLECTION MAINLINE PROJECT
Council consideration of approving a resolution of the City Council of the City of Big Bear Lake approving a sewer line assessment policy, amending the budget, authorizing execution of a construction contract with Romans Construction Co. in an amount not to exceed $24,000 for construction of a new sanitary sewer line adjacent to the Bartlett parking lot, and finding the project exempt from the California Environmental Quality Act.
1.10 AUTHORIZATION – LETTER TO THE UNITED STATES SENATE AND HOUSE OF REPRESENTATIVES SUPPORTING FUNDING FOR THE LAND AND WATER CONSERVATION FUND
Council consideration of approving the letter to Congress in an effort to encourage full funding of the LWCF and related funding in any future federal economic stimulus packages.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. PUBLIC HEARING
Any person may be heard in support or in 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 your 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 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE TRANSFERRING AN EXISTING ELECTRIC UTILITY FRANCHISE TO BEAR VALLEY ELECTRIC SERVICE TO CONSTRUCT AND USE WIRES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY
Council will conduct a public hearing to receive comments on the proposed transfer of the City’s electric service franchise agreement from Southern California Water Company to Bear Valley Electric Service. Following the public hearing, Council will consider the first reading of an ordinance formally transferring the electric service franchise agreement, with second reading and final consideration of the ordinance scheduled for the May 11, 2020 meeting.
CITY COUNCIL AGENDA PAGE 5 APRIL 27, 2020
3. DISCUSSION/ACTION ITEMS
3.1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE APPROVING A BUDGET AMENDMENT AND EXECUTION OF A CONSTRUCTION CONTRACT WITH S PORTER, INC. FOR THE CONSTRUCTION OF THE APLINE PEDAL PATH – RATHBUN CREEK EXTENSION PROJECT
Council consideration of a resolution authorizing execution of a construction contract in the amount of $904,168 to S Porter, Inc., Big Bear City, CA, for the construction of the Alpine Pedal Path - Rathbun Creek Extension Project. The resolution also approves a budget amendment to appropriate an additional $90,798 from Measure Y reserve funds for this project.
3.2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AUTHORIZING ADJUSTMENTS TO THE CITY OF BIG BEAR LAKE ADOPTED BUDGET FOR FISCAL YEAR 2019-20 –COVID-19 IMPACTS
Council consideration of proposed FY 2019-20 budget amendments in response to COVID-19 impacts and decreasing General Fund revenues. Total budget reductions of $848,953 are proposed.
3.3 PRELIMINARY FY 2020-21 GENERAL FUND BUDGET
Council review and discussion regarding preliminary FY 2020-21 General Fund budget, in response to COVID-19 impacts and decreasing General Fund revenues. Council will review and discuss the proposed General Fund budget, to be followed by presentation of the overall FY 2020-21 City budget in May.
3.4 PROPOSED NEW CITY ORGANIZATIONAL STRUCTURE Council consideration of a new City organizational structure designed to reduce City payroll and contract expenditures, focus City resources on priority service areas, flatten the structure of the organization, and expand the City Manager’s span of control.
3.5 COVID-19 UPDATE, NEXT STEPS?
Council will receive an update from City staff regarding the current status of COVID-19 in Big Bear Lake and the City’s response, discuss a planned CDBG grant application, and review a potential strategy for our community to move forward in the coming weeks and months. City Council may also appoint a special ad hoc committee to advise the City on the path forward.
CITY COUNCIL AGENDA PAGE 6 APRIL 27, 2020
4. COMMENTS, ANNOUNCEMENTS, AND ADDITIONAL CITY BUSINESS
4.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS 4.2 BOARD / COMMITTEE REPORTS 4.3 COUNCIL MEMBER COMMENTS
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 24th day of April, 2020.
Erica Stephenson, City Clerk
The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
City of Big Bear Lake
Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Date Amount 77198 City of Big Bear Lake Dept of Water & Power 02/28/20 44.99 77200 Bear Valley Electric 02/28/20 7,148.21 77201 Charter Communications Holdings, LLC 02/28/20 659.77 77203 Cintas Corporation 02/28/20 668.12 77204 Steve Hines LLC 02/28/20 1,835.70 77205 Rosemary E De Lap 02/28/20 132.50 77206 Espyr 02/28/20 201.19 77207 Frontier Communications 02/28/20 91.66 77208 Harris Computer Systems 02/28/20 4,891.12 77209 Intelesys One, Inc. 02/28/20 7,410.30 77210 KOA Corporation 02/28/20 22,267.77 77211 Rotary Club of Big Bear Lake 02/28/20 15,652.30 77212 Southwest Gas Corporation 02/28/20 10,315.58 77213 TNN Imaging 02/28/20 122.40 77214 U.S. Bank National Association 02/28/20 1,903.77 77215 Verizon Wireless 02/28/20 2,290.95 77217 Jason Watterson 02/28/20 220.00 77219 San Bernardino County Fire Department 03/05/20 5,300.52 77220 San Bernardino County Sheriff's Dept 03/05/20 30,054.71 77221 City of Big Bear Lake Dept of Water & Power 03/05/20 197.00 77222 AccuSource, Inc. 03/05/20 55.00 77223 A Performance Towing Inc 03/05/20 7,500.00 77224 Richard Keith Bates 03/05/20 5,200.00 77226 Bear Valley Electric 03/05/20 3,439.37 77227 Rebecca Cannon 03/05/20 60.78 77228 City Clerks Association of California 03/05/20 45.00 77229 Charter Communications Holdings, LLC 03/05/20 388.78 77230 Docu-Trust 03/05/20 50.00 77231 Frontier Communications 03/05/20 58.61 77232 The Grizzly 03/05/20 3,182.50 77233 Susana Morales 03/05/20 451.00 77234 Mountain Trophy & Pro Shop 03/05/20 32.33 77236 Mountain Water Co 03/05/20 289.00 77237 Pacific Real Estate Consultants, Inc. 03/05/20 2,000.00 77239 TNN Imaging 03/05/20 122.40 77240 The UPS Store 03/05/20 77.55 77241 US Bank Corporate Payment Systems 03/11/20 3,373.34 77242 San Bernardino County 03/12/20 2.00 77243 City of Big Bear Lake Dept of Water & Power 03/12/20 1,708.48 77246 BBARWA 03/12/20 4,180.00 77248 Big Bear Disposal Inc 03/12/20 658.59 77249 Bear Valley Electric 03/12/20 15,863.25 77250 Charter Communications Holdings, LLC 03/12/20 1,998.79
1 of 5 City of Big Bear Lake
Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Date Amount 77251 Cintas Corporation 03/12/20 320.02 77252 Fisher Integrated, Inc. 03/12/20 1,200.00 77254 Fox Farm Storage 03/12/20 198.00 77255 Frontier Communications 03/12/20 2,569.36 77256 Intelesys One, Inc. 03/12/20 7,410.30 77257 Randy Spitz 03/12/20 227.18 77258 Orkin Inc. 03/12/20 234.36 77259 Rochester Midland Corporation 03/12/20 611.64 77260 TASC Client Invoices 03/12/20 77.72 77262 Willdan Engineering Inc 03/12/20 71,523.50 77263 Wright Construction Engineering Corp 03/12/20 140,231.87 77272 American Auto Body LLC 03/17/20 3,793.91 77274 Bay City Equipment Industries 03/17/20 7,705.33 77275 Big Bear Boring Bob, Inc. 03/17/20 300.00 77276 Big Bear Disposal Inc 03/17/20 176,040.51 77278 BlackHole Technologies Inc 03/17/20 1,484.09 77279 Tim Breunig 03/17/20 200.00 77280 Butchers Blocks & Building Materials 03/17/20 380.68 77281 Commercial Door Company, Inc 03/17/20 2,740.00 77282 Lumber City Corp. 03/17/20 323.64 77283 Environmental Systems Research Institute, Inc. 03/17/20 1,487.50 77284 Edward Prost 03/17/20 1,610.00 77285 Grainger Inc. 03/17/20 604.43 77286 Haaker Equipment Co. Inc. 03/17/20 1,340.47 77287 Holland Equipment Company 03/17/20 480.00 77288 Inland Kubota, Inc 03/17/20 240.04 77289 Jericho Systems, Incorporated 03/17/20 1,500.00 77290 LOR Geotechnical Group, Inc. 03/17/20 1,098.90 77291 Ludecke's Electrical Service, Inc. 03/17/20 426.25 77292 Hitchin Lucerne, Inc. 03/17/20 715.42 77293 Mar-CO Equipment Company 03/17/20 1,116.98 77294 Mile High Equipment, Inc. 03/17/20 3,501.20 77295 Mission Linen Supply Inc. 03/17/20 2,466.88 77296 NAPA Auto Parts 03/17/20 817.45 77297 Patton Sales Corp 03/17/20 5,391.27 77298 Redlands Auto Plaza 03/17/20 353.60 77299 ROW Traffic Safety, Inc. 03/17/20 329.72 77300 Romans Construction Corp. 03/17/20 4,671.90 77301 Paul Senft 03/17/20 200.00 77303 Underground Service Alert Inc. 03/17/20 168.71 77304 United Rentals (North America), Inc 03/17/20 17,164.11 77305 Vista Paint 03/17/20 6,711.71 77306 Vulcan Materials Company Inc. 03/17/20 851.16
2 of 5 City of Big Bear Lake
Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Date Amount 77307 All Protection Alarm 03/19/20 1,603.61 77308 Big Bear Chamber of Commerce 03/19/20 108.78 77309 Best Best & Krieger LLP 03/19/20 17,670.10 77311 Bear Valley Electric 03/19/20 1,997.86 77312 Charter Communications Holdings, LLC 03/19/20 274.94 77313 Dapeer Rosenblit & Litvak LLP 03/19/20 7,466.30 77314 Fox Farm Storage 03/19/20 534.00 77315 The Grizzly 03/19/20 305.25 77316 Jennifer O'Keefe 03/19/20 708.00 77317 Orkin Inc. 03/19/20 111.06 77318 PARS 03/19/20 1,957.16 77319 Seat Advisor, Inc. 03/19/20 16.50 77321 Valero Marketing & Supply Co 03/19/20 32.24 77322 Verizon Wireless 03/19/20 275.81 77323 Willdan Engineering Inc 03/19/20 25,624.40 77326 Richard Keith Bates 03/26/20 5,200.00 77327 Charter Communications Holdings, LLC 03/26/20 659.77 77329 Frontier Communications 03/26/20 91.66 77330 Harris Computer Systems 03/26/20 740.00 77331 San Bernardino County Sheriff's Dept 03/26/20 393,317.82 77332 Southwest Gas Corporation 03/26/20 11,507.22 77333 U.S. Bank National Association 03/26/20 1,892.14 77334 California State Controller's Office 04/03/20 3,381.04 77335 San Bernardino County Solid Waste Mgmt Division 04/03/20 52.96 77336 Badlands Provisions 04/03/20 350.00 77337 Richard Keith Bates 04/03/20 5,275.00 77338 Big Bear Lake Urgent Care 04/03/20 120.00 77339 Bear Valley Electric 04/03/20 11,745.04 77340 Charter Communications Holdings, LLC 04/03/20 289.73 77341 Cintas Corporation 04/03/20 52.29 77342 Frontier Communications 04/03/20 58.61 77343 Intelesys One, Inc. 04/03/20 13,590.83 77345 Orkin Inc. 04/03/20 159.36 77346 Nestle Waters North America 04/03/20 819.59 77347 TNN Imaging 04/03/20 122.40 77349 San Bernardino County Vehicle Svcs Dept 04/13/20 9,595.11 77350 Bay City Equipment Industries 04/13/20 2,062.41 77351 Big Bear Paint Center 04/13/20 63.34 77352 BlackHole Technologies Inc 04/13/20 1,484.09 77353 Tim Breunig 04/13/20 200.00 77354 Butchers Blocks & Building Materials 04/13/20 630.09 77355 Bear Valley Printing Inc 04/13/20 21.55 77356 CP Products 04/13/20 474.42
3 of 5 City of Big Bear Lake
Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Date Amount 77357 Cintas Corporation 04/13/20 431.02 77358 Crafco Inc. 04/13/20 594.78 77359 Lumber City Corp. 04/13/20 756.49 77360 Edward Prost 04/13/20 1,400.00 77361 Hinderliter de Lamas & Assoc Inc. 04/13/20 1,255.98 77362 Knights Automotive and Performance, Inc. 04/13/20 69.95 77363 KPFF Inc. 04/13/20 2,932.50 77364 LOR Geotechnical Group, Inc. 04/13/20 845.90 77365 Mission Linen Supply Inc. 04/13/20 3,744.64 77366 Michael Marcotte 04/13/20 1,422.50 77367 Mojave Desert & Mountain 04/13/20 3,551.00 77368 NAPA Auto Parts 04/13/20 4,668.52 77369 Otis Elevator Company 04/13/20 758.04 77370 Parkhouse Tire, Inc. 04/13/20 622.81 77371 Redlands Auto Plaza 04/13/20 2,193.84 77372 ROW Traffic Safety, Inc. 04/13/20 7,180.00 77373 Robertson's Ready Mix 04/13/20 292.24 77374 Romans Construction Corp. 04/13/20 4,200.00 77375 Paul Senft 04/13/20 200.00 77376 Staples Business Credit 04/13/20 800.84 77377 TKE Engineering Inc. 04/13/20 12,065.00 77378 Transtech Engineers, Inc. 04/13/20 12,862.50 77379 Twin Bear Equipment Rental, Inc. 04/13/20 435.96 77380 Uline 04/13/20 46.46 77381 Underground Service Alert Inc. 04/13/20 148.91 77382 United Rentals (North America), Inc 04/13/20 1,253.60 77383 Volvo Construction Equipment Inc. 04/13/20 28,122.78 77384 Vulcan Materials Company Inc. 04/13/20 1,391.96 77385 Waxie Sanitary Supply Inc. 04/13/20 17,537.00 77390 San Bernardino County Fire Protection District 04/10/20 4,898.96 77391 City of Big Bear Lake Dept of Water & Power 04/10/20 1,849.72 77392 A Performance Towing Inc 04/10/20 7,500.00 77393 Bear Valley Electric 04/10/20 9,386.99 77394 City Clerks Association of California 04/10/20 20.00 77395 Docu-Trust 04/10/20 50.00 77396 Espyr 04/10/20 201.19 77397 Fisher Integrated, Inc. 04/10/20 1,200.00 77398 Frontier Communications 04/10/20 2,565.31 77399 The Grizzly 04/10/20 230.00 77400 Intelesys One, Inc. 04/10/20 16,731.29 77401 Mountain Water Co 04/10/20 57.00 77402 Quadient Leasing USA, Inc 04/10/20 699.73 77403 Seat Advisor, Inc. 04/10/20 5.00
4 of 5 City of Big Bear Lake
Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Date Amount 77404 San Bernardino County Vehicle Svcs Dept 04/15/20 10,145.06 77405 South Coast AQMD 04/15/20 557.42 77406 BBARWA 04/15/20 1,314,361.38 77407 Big Bear Disposal Inc 04/15/20 176,040.51 77408 Big Bear Disposal Inc 04/15/20 523.90 77409 Tim Breunig 04/15/20 200.00 77410 Butchers Blocks & Building Materials 04/15/20 296.13 77411 Ewing 04/15/20 361.47 77412 Rochester Midland Corporation 04/15/20 611.64 77413 Paul Senft 04/15/20 200.00 77414 Sierra Aggregate Co 04/15/20 1,339.09 77415 South Coast Ltng & Design, Inc 04/15/20 10,968.10 77416 Transtech Engineers, Inc. 04/15/20 6,275.00 77417 United Rentals (North America), Inc 04/15/20 16,258.79 77418 Volvo Construction Equipment Inc. 04/15/20 28,122.78 ACH Bynette L Mote 03/17/20 200.00 ACH David Caretto 03/05/20 60.38 ACH Erica Stephenson 03/05/20 68.08 ACH Frank A Rush, Jr 03/05/20 86.36 ACH Frank A Rush, Jr 03/12/20 110.10 ACH Jeff Holoubek 03/17/20 200.00 ACH Jeff Holoubek 04/13/20 200.00 ACH Jeff Holoubek 04/15/20 200.00 ACH Maureen A. Auer 03/17/20 200.00 ACH Maureen A. Auer 04/13/20 200.00 ACH Maureen A. Auer 04/15/20 200.00 ACH Randall Putz 03/05/20 60.03 ACH Sara Lopez 03/05/20 25.30 ACH Sara Lopez 04/10/20 29.90 ACH Sean Stephenson 03/17/20 2,686.00 ACH Sean Stephenson 04/03/20 3,264.00 2,886,839.45
5 of 5 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount City Council 4110 77224 Richard Keith Bates Events Resources Management Services 03/05/20 5,200.00 77233 Susana Morales Meal Provisions 03/05/20 451.00 77234 Mountain Trophy & Pro Shop Picture & Slider Name Plate 03/05/20 32.33 77241 US Bank Corporate Payment Systems Business Meeting Expenses/Mayoral Picture Frames 03/11/20 387.76 77326 Richard Keith Bates Events Resources Management Services 03/26/20 5,200.00 77337 Richard Keith Bates Events Resources Management Services 04/03/20 5,275.00 ACH David Caretto Mileage Reimbursement 03/05/20 60.38 ACH Randall Putz Mileage Reimbursement 03/05/20 60.03 City Council Total 16,666.50
Community Promotion/Sponsorship 4111 77211 Rotary Club of Big Bear Lake Signature Sponsored Event Expense - 4th of July Fireworks 02/28/20 15,652.30 Community Promotion/Sponsorship Total 15,652.30
City Manager 4120 77215 Verizon Wireless Cell Phone 02/28/20 65.59 77241 US Bank Corporate Payment Systems Business Cards/Office Supplies/Subscription 03/11/20 99.30 77322 Verizon Wireless Cell Phone 03/19/20 6.41 ACH Frank A Rush, Jr Mileage Reimbursement 03/05/20 86.36 ACH Frank A Rush, Jr Mileage Reimbursement 03/12/20 110.10 City Manager Total 367.76
City Clerk 4130 77215 Verizon Wireless Cell Phone 02/28/20 60.84 77228 City Clerks Association of California Membership Renewal 03/05/20 45.00 77232 The Grizzly Legal Notices 03/05/20 2,984.50 77241 US Bank Corporate Payment Systems Proclamation Frames 03/11/20 219.33 77315 The Grizzly Legal Notices 03/19/20 305.25 77322 Verizon Wireless Cell Phone 03/19/20 44.70 77394 City Clerks Association of California Membership Renewal 04/10/20 20.00 77399 The Grizzly Legal Notices 04/10/20 230.00 City Clerk Total 3,909.62
1 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount Financial Services 4140 77215 Verizon Wireless Cell Phone 02/28/20 45.65 77241 US Bank Corporate Payment Systems Office Supplies 03/11/20 133.97 77322 Verizon Wireless Cell Phone 03/19/20 45.65 77334 California State Controller's Office Annual Street Report Preparation 04/03/20 3,381.04 77361 Hinderliter de Lamas & Assoc Inc. Sales Tax Consulting & Audit Services 04/13/20 1,255.98 77376 Staples Business Credit Office Supplies 04/13/20 32.32 ACH Sara Lopez Mileage Reimbursement 03/05/20 25.30 ACH Sara Lopez Mileage Reimbursement 04/10/20 29.90 Financial Services Total 4,949.81
Human Resources 4150 77206 Espyr EAP Services 02/28/20 201.19 77215 Verizon Wireless Cell Phone 02/28/20 19.16 77217 Jason Watterson Per Diem - Construction Tradeshow 02/28/20 220.00 77222 AccuSource, Inc. Pre-Employment Screening 03/05/20 55.00 77227 Rebecca Cannon Mileage Reimbursement 03/05/20 60.78 77241 US Bank Corporate Payment Systems League Conference Expenses/Membership Renewal 03/11/20 884.00 77260 TASC Client Invoices Administrative Fees 03/12/20 77.72 77318 PARS Administrative Fees 03/19/20 1,957.16 77322 Verizon Wireless Cell Phone 03/19/20 19.16 77338 Big Bear Lake Urgent Care Medical Services 04/03/20 120.00 77396 Espyr EAP Services 04/10/20 201.19 ACH Erica Stephenson Mileage Reimbursement 03/05/20 68.08 Human Resources Total 3,883.44
City Attorney 4170 77309 Best Best & Krieger LLP Professional Legal Services 03/19/20 17,670.10 77313 Dapeer Rosenblit & Litvak LLP Professional Legal Services 03/19/20 7,466.30 City Attorney Total 25,136.40
PW: Traffic Safety 4230 77200 Bear Valley Electric Electricity Usage 02/28/20 203.67 77249 Bear Valley Electric Electricity Usage 03/12/20 303.26
2 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77311 Bear Valley Electric Electricity Usage 03/19/20 423.09 PW: Traffic Safety Total 930.02
Law Enforcement 4250 77220 San Bernardino County Sheriff's Dept Sheriff Overtime & General Expenses 03/05/20 30,054.71 77331 San Bernardino County Sheriff's Dept Monthly Sheriff Contract/Quarterly Contract Expense 03/26/20 393,317.82 Law Enforcement Total 423,372.53
Engineering 4310 77215 Verizon Wireless Cell Phone 02/28/20 91.49 77241 US Bank Corporate Payment Systems Business Meeting Expense/Fuel Charges 03/11/20 173.54 77322 Verizon Wireless Cell Phone 03/19/20 103.87 77349 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/20 34.34 77378 Transtech Engineers, Inc. Professional Engineering Services 04/13/20 7,717.50 77416 Transtech Engineers, Inc. Professional Engineering Services 04/15/20 3,765.00 Engineering Total 11,885.74
PW: Street Maintenance 4320 77203 Cintas Corporation First Aid Supplies 02/28/20 349.44 77215 Verizon Wireless Cell Phone 02/28/20 227.22 77223 A Performance Towing Inc Tow Truck Standby 03/05/20 7,500.00 77229 Charter Communications Holdings, LLC Cable 03/05/20 58.86 77240 The UPS Store Shipping Charges 03/05/20 74.54 77241 US Bank Corporate Payment Systems Fuel Charges 03/11/20 379.50 77248 Big Bear Disposal Inc Restroom Rentals 03/12/20 562.66 77251 Cintas Corporation AED Lease 03/12/20 53.34 77254 Fox Farm Storage Storage Rental Spaces 03/12/20 198.00 77257 Randy Spitz Meeting Supplies 03/12/20 227.18 77259 Rochester Midland Corporation Janitorial Supplies 03/12/20 152.91 77274 Bay City Equipment Industries Electrical Maintenance 03/17/20 900.06 77278 BlackHole Technologies Inc GPS Monthly Service 03/17/20 1,484.09 77280 Butchers Blocks & Building Materials Materials/Supplies 03/17/20 123.24 77282 Lumber City Corp. Materials/Supplies 03/17/20 74.62 77285 Grainger Inc. Heater 03/17/20 604.43 77287 Holland Equipment Company Snow Plow Supplies 03/17/20 480.00
3 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77288 Inland Kubota, Inc Equipment Parts 03/17/20 240.04 77293 Mar-CO Equipment Company Equipment Parts 03/17/20 1,116.98 77294 Mile High Equipment, Inc. Snow Removal 03/17/20 3,501.20 77295 Mission Linen Supply Inc. Uniform Laundry Service 03/17/20 986.76 77296 NAPA Auto Parts Supplies 03/17/20 352.89 77297 Patton Sales Corp Concrete Saw 03/17/20 2,069.43 77299 ROW Traffic Safety, Inc. Signage 03/17/20 329.72 77300 Romans Construction Corp. Snow Removal 03/17/20 4,671.90 77304 United Rentals (North America), Inc Backhoe & Dump Truck Rentals 03/17/20 17,164.11 77305 Vista Paint Street Striping Paint 03/17/20 6,711.71 77306 Vulcan Materials Company Inc. Asphalt 03/17/20 851.16 77314 Fox Farm Storage Storage Rental Spaces 03/19/20 534.00 77317 Orkin Inc. Pest Control 03/19/20 111.06 77321 Valero Marketing & Supply Co Fuel Charges 03/19/20 32.24 77322 Verizon Wireless Cell Phone 03/19/20 227.22 77340 Charter Communications Holdings, LLC Cable 04/03/20 34.79 77346 Nestle Waters North America Drinking Water (Pallets) 04/03/20 409.79 77349 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/20 5,508.04 77352 BlackHole Technologies Inc GPS Monthly Service 04/13/20 1,484.09 77354 Butchers Blocks & Building Materials Materials/Supplies 04/13/20 185.18 77355 Bear Valley Printing Inc Decals 04/13/20 21.55 77356 CP Products Janitorial Supplies 04/13/20 165.17 77357 Cintas Corporation First Aid Supplies 04/13/20 215.51 77358 Crafco Inc. Asphalt Cold Patch 04/13/20 594.78 77359 Lumber City Corp. Materials/Supplies 04/13/20 171.37 77365 Mission Linen Supply Inc. Uniform Laundry Service 04/13/20 1,727.14 77372 ROW Traffic Safety, Inc. Message Board Rentals 04/13/20 7,180.00 77373 Robertson's Ready Mix Sand 04/13/20 292.24 77374 Romans Construction Corp. Transport Volvo Loaders 04/13/20 4,200.00 77382 United Rentals (North America), Inc Backhoe & Dump Truck Rentals 04/13/20 1,253.60 77383 Volvo Construction Equipment Inc. Snow Loader Rentals 04/13/20 28,122.78 77384 Vulcan Materials Company Inc. Asphalt 04/13/20 1,391.96 77385 Waxie Sanitary Supply Inc. Janitorial Supplies 04/13/20 4,384.27 77392 A Performance Towing Inc Tow Truck Standby 04/10/20 7,500.00 77404 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/15/20 6,928.38
4 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77405 South Coast AQMD Annual Renewal - Diesel Permit 04/15/20 557.42 77408 Big Bear Disposal Inc Tire Disposal/Restroom Rentals 04/15/20 427.97 77410 Butchers Blocks & Building Materials Materials/Supplies 04/15/20 101.24 77412 Rochester Midland Corporation Janitorial Supplies 04/15/20 152.91 77414 Sierra Aggregate Co Cinders 04/15/20 1,339.09 77417 United Rentals (North America), Inc Backhoe & Dump Truck Rentals 04/15/20 16,258.79 77418 Volvo Construction Equipment Inc. Snow Loader Rentals 04/15/20 28,122.78 PW: Street Maintenance Total 171,081.35
PW: Vehicle Maintenance 4325 77212 Southwest Gas Corporation Natural Gas Usage 02/28/20 1,458.63 77243 City of Big Bear Lake Dept of Water & Power Water Usage 03/12/20 134.96 77280 Butchers Blocks & Building Materials Materials/Supplies 03/17/20 13.46 77295 Mission Linen Supply Inc. Uniform Laundry Service 03/17/20 123.33 77296 NAPA Auto Parts Vehicle Repair Parts 03/17/20 215.44 77298 Redlands Auto Plaza Vehicle Repair Parts 03/17/20 353.60 77311 Bear Valley Electric Electricity Usage 03/19/20 33.04 77332 Southwest Gas Corporation Natural Gas Usage 03/26/20 1,612.31 77362 Knights Automotive and Performance, Inc. Vehicle Repair Parts 04/13/20 69.95 77365 Mission Linen Supply Inc. Uniform Laundry Service 04/13/20 159.15 77368 NAPA Auto Parts Vehicle Repair Parts 04/13/20 3,652.39 77370 Parkhouse Tire, Inc. Tires 04/13/20 622.81 77371 Redlands Auto Plaza Vehicle Repair Parts 04/13/20 2,077.20 77391 City of Big Bear Lake Dept of Water & Power Water Usage 04/10/20 138.94 77393 Bear Valley Electric Electricity Usage 04/10/20 1,543.25 PW: Vehicle Maintenance Total 12,208.46
PW: Street Lighting 4330 77200 Bear Valley Electric Electricity Usage 02/28/20 129.11 77249 Bear Valley Electric Electricity Usage 03/12/20 7,086.36 77311 Bear Valley Electric Electricity Usage 03/19/20 188.45 77339 Bear Valley Electric Electricity Usage 04/03/20 105.42 77393 Bear Valley Electric Electricity Usage 04/10/20 6,300.50 PW: Street Lighting Total 13,809.84
5 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount
PW: Parking Lots/Chamber 4335 77226 Bear Valley Electric Electricity Usage 03/05/20 1,636.01 77229 Charter Communications Holdings, LLC Security Camera Internet Service 03/05/20 254.94 77241 US Bank Corporate Payment Systems Batteries 03/11/20 230.80 77243 City of Big Bear Lake Dept of Water & Power Water Usage 03/12/20 407.32 77249 Bear Valley Electric Electricity Usage 03/12/20 907.75 77258 Orkin Inc. Pest Control 03/12/20 75.00 77259 Rochester Midland Corporation Janitorial Supplies 03/12/20 152.91 77280 Butchers Blocks & Building Materials Materials/Supplies 03/17/20 32.61 77281 Commercial Door Company, Inc Garage Door Replacement & Repair 03/17/20 2,740.00 77308 Big Bear Chamber of Commerce Gas Reimbursement 03/19/20 108.78 77339 Bear Valley Electric Electricity Usage 04/03/20 1,263.06 77340 Charter Communications Holdings, LLC Security Camera Internet Service 04/03/20 179.96 77351 Big Bear Paint Center Paint Supplies 04/13/20 12.08 77354 Butchers Blocks & Building Materials Materials/Supplies 04/13/20 16.20 77385 Waxie Sanitary Supply Inc. Janitorial Supplies 04/13/20 4,384.25 77391 City of Big Bear Lake Dept of Water & Power Water Usage 04/10/20 323.74 77412 Rochester Midland Corporation Janitorial Supplies 04/15/20 152.91 PW: Parking Lots/Chamber Total 12,878.32
Planning 4410 77215 Verizon Wireless Cell Phone 02/28/20 2.15 77242 San Bernardino County Accessor Parcel Map Update 03/12/20 2.00 77322 Verizon Wireless Cell Phone 03/19/20 22.79 Planning Total 26.94
Planning Commission 4411 ACH Bynette L Mote Planning Commissioner Services 03/17/20 200.00 ACH Jeff Holoubek Planning Commissioner Services 03/17/20 200.00 ACH Jeff Holoubek Planning Commissioner Services 04/13/20 200.00 ACH Jeff Holoubek Planning Commissioner Services 04/15/20 200.00 ACH Maureen A. Auer Planning Commissioner Services 03/17/20 200.00 ACH Maureen A. Auer Planning Commissioner Services 04/13/20 200.00 ACH Maureen A. Auer Planning Commissioner Services 04/15/20 200.00
6 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77232 The Grizzly Legal Notices 03/05/20 198.00 77279 Tim Breunig Planning Commissioner Services 03/17/20 200.00 77301 Paul Senft Planning Commissioner Services 03/17/20 200.00 77353 Tim Breunig Planning Commissioner Services 04/13/20 200.00 77375 Paul Senft Planning Commissioner Services 04/13/20 200.00 77409 Tim Breunig Planning Commissioner Services 04/15/20 200.00 77413 Paul Senft Planning Commissioner Services 04/15/20 200.00 Planning Commission Total 2,798.00
Code Compliance 4415 ACH Sean Stephenson TPHR Inspections 03/17/20 2,686.00 ACH Sean Stephenson TPHR Inspections 04/03/20 3,264.00 77215 Verizon Wireless Cell Phone 02/28/20 117.98 77241 US Bank Corporate Payment Systems Subscription 03/11/20 14.99 77322 Verizon Wireless Cell Phone 03/19/20 117.98 77323 Willdan Engineering Inc Code Compliance Services 03/19/20 11,819.40 77349 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/20 1,257.99 77404 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/15/20 443.47 Code Compliance Total 19,721.81
Intergovernmental/Community 4420 77215 Verizon Wireless Cell Phone 02/28/20 26.19 77241 US Bank Corporate Payment Systems eBlast Newsletter Fee 03/11/20 45.00 77322 Verizon Wireless Cell Phone 03/19/20 26.19 Intergovernmental/Community Relations Total 97.38
Building & Safety 4430 77215 Verizon Wireless Cell Phone 02/28/20 87.95 77322 Verizon Wireless Cell Phone 03/19/20 83.69 77323 Willdan Engineering Inc Inspection/Plan Review Services 03/19/20 13,805.00 77349 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/20 180.71 77404 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/15/20 177.21 Building & Safety Total 14,334.56
7 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount PAC: Performing Arts Center 4610 77200 Bear Valley Electric Electricity Usage 02/28/20 1,461.35 77212 Southwest Gas Corporation Natural Gas Usage 02/28/20 1,417.22 77215 Verizon Wireless Cell Phone 02/28/20 47.90 77280 Butchers Blocks & Building Materials Materials/Supplies 03/17/20 13.79 77307 All Protection Alarm Alarm Monitoring 03/19/20 246.30 77319 Seat Advisor, Inc. Ticket Sales 03/19/20 16.50 77322 Verizon Wireless Cell Phone 03/19/20 47.90 77332 Southwest Gas Corporation Natural Gas Usage 03/26/20 1,365.21 77339 Bear Valley Electric Electricity Usage 04/03/20 1,940.81 77351 Big Bear Paint Center Paint Supplies 04/13/20 51.26 77354 Butchers Blocks & Building Materials Materials/Supplies 04/13/20 73.79 77359 Lumber City Corp. Materials/Supplies 04/13/20 31.95 77403 Seat Advisor, Inc. Ticket Sales 04/10/20 5.00 77410 Butchers Blocks & Building Materials Materials/Supplies 04/15/20 19.70 PAC: Performing Arts Center Total 6,738.68
PW: City Parks 4625 77198 City of Big Bear Lake Dept of Water & Power Water Usage 02/28/20 44.99 77200 Bear Valley Electric Electricity Usage 02/28/20 65.82 77205 Rosemary E De Lap Locksmith Services 02/28/20 132.50 77221 City of Big Bear Lake Dept of Water & Power Water Usage 03/05/20 197.00 77226 Bear Valley Electric Electricity Usage 03/05/20 753.54 77243 City of Big Bear Lake Dept of Water & Power Water Usage 03/12/20 389.08 77249 Bear Valley Electric Electricity Usage 03/12/20 1,999.21 77259 Rochester Midland Corporation Janitorial Supplies 03/12/20 152.91 77275 Big Bear Boring Bob, Inc. Hand Rail Repair 03/17/20 300.00 77280 Butchers Blocks & Building Materials Materials/Supplies 03/17/20 43.73 77292 Hitchin Lucerne, Inc. Equipment Parts 03/17/20 573.18 77307 All Protection Alarm Alarm Monitoring 03/19/20 59.85 77312 Charter Communications Holdings, LLC Security Camera Internet Service 03/19/20 199.96 77339 Bear Valley Electric Electricity Usage 04/03/20 639.57 77340 Charter Communications Holdings, LLC Security Camera Internet Service 04/03/20 74.98 77385 Waxie Sanitary Supply Inc. Janitorial Supplies 04/13/20 4,384.23 77391 City of Big Bear Lake Dept of Water & Power Water Usage 04/10/20 613.90
8 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77412 Rochester Midland Corporation Janitorial Supplies 04/15/20 152.91 PW: City Parks Total 10,777.36
General Government 4800 77201 Charter Communications Holdings, LLC Internet Service 02/28/20 659.77 77203 Cintas Corporation First Aid Supplies 02/28/20 318.68 77214 U.S. Bank National Association Copier Lease 02/28/20 1,903.77 77215 Verizon Wireless Cell Phone 02/28/20 13.63 77230 Docu-Trust Document Storage 03/05/20 50.00 77231 Frontier Communications Phone Service 03/05/20 58.61 77236 Mountain Water Co Water Dispenser Rental & Water 03/05/20 289.00 77240 The UPS Store Shipping Charges 03/05/20 3.01 77241 US Bank Corporate Payment Systems Office Supplies/Envelopes 03/11/20 224.39 77250 Charter Communications Holdings, LLC High Speed Internet/Cable 03/12/20 1,998.79 77255 Frontier Communications Phone Service 03/12/20 1,968.43 77307 All Protection Alarm Answering Service 03/19/20 618.21 77316 Jennifer O'Keefe Photography Services 03/19/20 708.00 77322 Verizon Wireless Cell Phone 03/19/20 13.64 77327 Charter Communications Holdings, LLC Internet Service 03/26/20 659.77 77333 U.S. Bank National Association Copier Lease 03/26/20 1,892.14 77336 Badlands Provisions Janitorial Supplies 04/03/20 350.00 77341 Cintas Corporation First Aid Supplies 04/03/20 52.29 77342 Frontier Communications Phone Service 04/03/20 58.61 77376 Staples Business Credit Office Supplies 04/13/20 768.52 77395 Docu-Trust Document Storage 04/10/20 50.00 77398 Frontier Communications Phone Service 04/10/20 1,964.46 77401 Mountain Water Co Water Dispenser Rental & Water 04/10/20 57.00 77402 Quadient Leasing USA, Inc Mailing Machine Lease 04/10/20 699.73 General Government Total 15,380.45
Technology Services 4810 77204 Steve Hines LLC Laserfiche Annual Maintenance & Support 02/28/20 1,835.70 77208 Harris Computer Systems Annual Software Maintenance 02/28/20 4,891.12 77209 Intelesys One, Inc. IT Services 02/28/20 7,410.30 77213 TNN Imaging Plotter Maintenance Contract 02/28/20 122.40
9 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77215 Verizon Wireless Cell Phone 02/28/20 1,008.19 77239 TNN Imaging Plotter Maintenance Contract 03/05/20 122.40 77241 US Bank Corporate Payment Systems Storage Boxes 03/11/20 56.50 77252 Fisher Integrated, Inc. Video Streaming 03/12/20 1,200.00 77256 Intelesys One, Inc. IT Services 03/12/20 7,410.30 77283 Environmental Systems Research Institute, Inc. ARC GIS Software Annual Maintenance Contract 03/17/20 1,487.50 77322 Verizon Wireless Cell Phone 03/19/20 -947.13 77330 Harris Computer Systems BluePrince Server Move 03/26/20 740.00 77343 Intelesys One, Inc. Remote phone solution project 04/03/20 13,590.83 77347 TNN Imaging Plotter Maintenance Contract 04/03/20 122.40 77380 Uline Computer Organization Supplies 04/13/20 46.46 77397 Fisher Integrated, Inc. Video Streaming 04/10/20 1,200.00 77400 Intelesys One, Inc. Backup solution replacement project 04/10/20 16,731.29 Technology Services Total 57,028.26
Civic Center 4820 77200 Bear Valley Electric Electricity Usage 02/28/20 4,384.07 77212 Southwest Gas Corporation Natural Gas Usage 02/28/20 4,532.00 77215 Verizon Wireless Cell Phone 02/28/20 11.24 77229 Charter Communications Holdings, LLC Security Camera Internet Service 03/05/20 74.98 77243 City of Big Bear Lake Dept of Water & Power Water Usage 03/12/20 438.22 77249 Bear Valley Electric Electricity Usage 03/12/20 23.83 77251 Cintas Corporation AED Lease 03/12/20 213.35 77258 Orkin Inc. Pest Control 03/12/20 159.36 77259 Rochester Midland Corporation Janitorial Supplies 03/12/20 152.91 77280 Butchers Blocks & Building Materials Materials/Supplies 03/17/20 24.20 77282 Lumber City Corp. Materials/Supplies 03/17/20 249.02 77295 Mission Linen Supply Inc. Uniform Laundry Service 03/17/20 172.67 77307 All Protection Alarm Alarm Monitoring 03/19/20 679.25 77312 Charter Communications Holdings, LLC Security Camera Internet Service 03/19/20 74.98 77322 Verizon Wireless Cell Phone 03/19/20 11.24 77332 Southwest Gas Corporation Natural Gas Usage 03/26/20 4,340.22 77339 Bear Valley Electric Electricity Usage 04/03/20 5,822.42 77345 Orkin Inc. Pest Control 04/03/20 159.36 77349 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/20 574.94
10 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77350 Bay City Equipment Industries Electrical Maintenance 04/13/20 1,019.90 77354 Butchers Blocks & Building Materials Materials/Supplies 04/13/20 86.13 77356 CP Products Janitorial Supplies 04/13/20 309.25 77359 Lumber City Corp. Materials/Supplies 04/13/20 135.80 77365 Mission Linen Supply Inc. Uniform Laundry Service 04/13/20 222.84 77366 Michael Marcotte Heater Repair 04/13/20 1,422.50 77369 Otis Elevator Company Elevator Maintenance Contract 04/13/20 758.04 77385 Waxie Sanitary Supply Inc. Janitorial Supplies 04/13/20 4,384.25 77391 City of Big Bear Lake Dept of Water & Power Water Usage 04/10/20 434.24 77404 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/15/20 1,352.61 77410 Butchers Blocks & Building Materials Materials/Supplies 04/15/20 47.36 77412 Rochester Midland Corporation Janitorial Supplies 04/15/20 152.91 Civic Center Total 32,424.09
Sanitation 250 77207 Frontier Communications Pump Station 02/28/20 91.66 77212 Southwest Gas Corporation Natural Gas Usage 02/28/20 1,458.62 77215 Verizon Wireless Cell Phone 02/28/20 368.13 77226 Bear Valley Electric Electricity Usage 03/05/20 213.85 77241 US Bank Corporate Payment Systems Batteries/Storage Boxes 03/11/20 161.82 77243 City of Big Bear Lake Dept of Water & Power Water Usage 03/12/20 55.10 77246 BBARWA Connection Fees 03/12/20 4,180.00 77249 Bear Valley Electric Electricity Usage 03/12/20 4,727.98 77251 Cintas Corporation AED Lease 03/12/20 53.33 77255 Frontier Communications Pump Station 03/12/20 600.93 77272 American Auto Body LLC Vehicle Repair 03/17/20 3,793.91 77274 Bay City Equipment Industries Electrical Maintenance 03/17/20 6,805.27 77280 Butchers Blocks & Building Materials Materials/Supplies 03/17/20 19.86 77286 Haaker Equipment Co. Inc. Vehicle Repair Parts 03/17/20 1,340.47 77295 Mission Linen Supply Inc. Uniform Laundry Service 03/17/20 986.76 77296 NAPA Auto Parts Vehicle Repair Parts 03/17/20 209.91 77303 Underground Service Alert Inc. Underground Dig Alert Service/Board Fee 03/17/20 168.71 77311 Bear Valley Electric Electricity Usage 03/19/20 1,353.28 77322 Verizon Wireless Cell Phone 03/19/20 361.49 77329 Frontier Communications Pump Station 03/26/20 91.66
11 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77332 Southwest Gas Corporation Natural Gas Usage 03/26/20 1,612.29 77339 Bear Valley Electric Electricity Usage 04/03/20 1,357.43 77346 Nestle Waters North America Drinking Water (Pallets) 04/03/20 409.80 77349 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/20 2,039.09 77350 Bay City Equipment Industries Electrical Maintenance 04/13/20 1,042.51 77354 Butchers Blocks & Building Materials Materials/Supplies 04/13/20 23.99 77357 Cintas Corporation First Aid Supplies 04/13/20 215.51 77365 Mission Linen Supply Inc. Uniform Laundry Service 04/13/20 1,380.81 77368 NAPA Auto Parts Vehicle Repair Parts 04/13/20 1,016.13 77371 Redlands Auto Plaza Vehicle Repair Parts 04/13/20 116.64 77378 Transtech Engineers, Inc. Professional Engineering Services 04/13/20 2,572.50 77379 Twin Bear Equipment Rental, Inc. Equipment Rental 04/13/20 435.96 77381 Underground Service Alert Inc. Underground Dig Alert Service/Board Fee 04/13/20 148.91 77391 City of Big Bear Lake Dept of Water & Power Water Usage 04/10/20 55.10 77393 Bear Valley Electric Electricity Usage 04/10/20 1,543.24 77398 Frontier Communications Pump Station 04/10/20 600.85 77404 San Bernardino County Vehicle Svcs Dept Fuel Charges 04/15/20 1,243.39 77406 BBARWA Bi-Annual Connection Fees 04/15/20 1,314,361.38 77416 Transtech Engineers, Inc. Professional Engineering Services 04/15/20 1,255.00 Sanitation Total 1,358,473.27
Village Streetscape 291 77200 Bear Valley Electric Electricity Usage 02/28/20 904.19 77212 Southwest Gas Corporation Natural Gas Usage 02/28/20 1,449.11 77226 Bear Valley Electric Electricity Usage 03/05/20 835.97 77241 US Bank Corporate Payment Systems Materials/Supplies 03/11/20 59.00 77243 City of Big Bear Lake Dept of Water & Power Water Usage 03/12/20 283.80 77249 Bear Valley Electric Electricity Usage 03/12/20 814.86 77276 Big Bear Disposal Inc Village Litter Containers 03/17/20 1,545.35 77280 Butchers Blocks & Building Materials Materials/Supplies 03/17/20 109.79 77291 Ludecke's Electrical Service, Inc. Electrical Services 03/17/20 426.25 77292 Hitchin Lucerne, Inc. Equipment Parts 03/17/20 142.24 77332 Southwest Gas Corporation Natural Gas Usage 03/26/20 2,577.19 77339 Bear Valley Electric Electricity Usage 04/03/20 616.33 77354 Butchers Blocks & Building Materials Materials/Supplies 04/13/20 244.80
12 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77359 Lumber City Corp. Materials/Supplies 04/13/20 417.37 77391 City of Big Bear Lake Dept of Water & Power Water Usage 04/10/20 283.80 77407 Big Bear Disposal Inc Village Litter Containers 04/15/20 1,545.35 77410 Butchers Blocks & Building Materials Materials/Supplies 04/15/20 47.07 77410 Butchers Blocks & Building Materials Materials/Supplies 04/15/20 80.76 77411 Ewing Materials/Supplies 04/15/20 361.47 77415 South Coast Ltng & Design, Inc Village light pole base replacements 04/15/20 10,968.10 Village Streetscape Total 23,712.80
Capital Projects 321 77241 US Bank Corporate Payment Systems Vehicle Replacements - Truck Bed Covers 03/11/20 303.44 77262 Willdan Engineering Inc Engineer Services - Alpine Pedal Path Rathbun Creek Extension 03/12/20 71,523.50 77263 Wright Construction Engineering Corp Fabrication & Design - Rathbun Trail 03/12/20 140,231.87 77284 Edward Prost Village Wayfinding Sign Project 03/17/20 1,610.00 77289 Jericho Systems, Incorporated Environmental Consulting Services - Rathbun Trail 03/17/20 1,500.00 77290 LOR Geotechnical Group, Inc. Geotechnical Investigation - Rathbun Trail 03/17/20 1,098.90 77296 NAPA Auto Parts Village Wayfinding Sign Project 03/17/20 39.21 77297 Patton Sales Corp Village Wayfinding Sign Project 03/17/20 3,321.84 77360 Edward Prost Village Wayfinding Sign Project 04/13/20 1,400.00 77363 KPFF Inc. Engineer Services - Stanfield Cutoff Connectivity Project 04/13/20 2,932.50 77364 LOR Geotechnical Group, Inc. Geotechnical Investigation - Rathbun Trail 04/13/20 845.90 77377 TKE Engineering Inc. Design Services - Performing Arts Drainage Improvements 04/13/20 12,065.00 Capital Projects/PW & Sani Total 236,872.16
Capital Projects /Streets 350 77210 KOA Corporation Engineering Design Services - Moonridge Rd Realignment 02/28/20 22,267.77 77237 Pacific Real Estate Consultants, Inc. Appraisal Services - SMORE Project 03/05/20 2,000.00 Capital Projects/Street Improvements Total 24,267.77
Refuse 550 77215 Verizon Wireless Cell Phone 02/28/20 97.64 77219 San Bernardino County Fire Department Quarterly Hazardous Waste Removal 03/05/20 5,300.52 77248 Big Bear Disposal Inc Restroom Rentals 03/12/20 95.93 77276 Big Bear Disposal Inc Residential & Curb Bin Trash Service 03/17/20 174,495.16 77295 Mission Linen Supply Inc. Uniform Laundry Service 03/17/20 197.36
13 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 2/28/20 through 4/15/20
Check# Vendor/Employee Transaction Amount 77322 Verizon Wireless Cell Phone 03/19/20 91.01 77335 San Bernardino County Solid Waste Mgmt Division Solid Waste Collection 04/03/20 52.96 77365 Mission Linen Supply Inc. Uniform Laundry Service 04/13/20 254.70 77367 Mojave Desert & Mountain MDSW Joint Powers Authority Contribution 04/13/20 3,551.00 77378 Transtech Engineers, Inc. Professional Engineering Services 04/13/20 2,572.50 77390 San Bernardino County Fire Protection District Quarterly HHW Contract Payment 04/10/20 4,898.96 77407 Big Bear Disposal Inc Residential & Curb Bin Trash Service 04/15/20 174,495.16 77408 Big Bear Disposal Inc Restroom Rentals 04/15/20 95.93 77416 Transtech Engineers, Inc. Professional Engineering Services 04/15/20 1,255.00 Refuse Total 367,453.83 Grand Total 2,886,839.45
14 of 14 CITY OF BIG BEAR LAKE TREASURER'S REPORT March 31, 2020 DISTRIBUTION OF TREASURY CASH
MARKET DATE OF % OF RATE COST VALUE MATURITY
Demand Account - Union Bank $ 685,561 5.55% Imprest Cash - Union Bank Payroll $ 5,000 0.04% Imprest Cash $ 1,525 0.01% Worker Comp Trust Account $ 63,572 0.52% Dental Self Insured Checking $ 139,166 1.13% Local Agency Investment Fund (LAIF) 1.787%$ 11,447,044 immediate 92.75% Total Cash In Treasury: $ 12,341,868 100.00%
INVESTMENT ACTIVITY
LAIF transactions: $750,000 Deposited $700,000 Withdrawn LAIF average life of portfolio: 226 Days Interest received for Fiscal Year 2019-20: $111,997
Note: The aforementioned investments conform to the City's investment policy. (Res. 2019-09) Cash is sufficient to meet needs of the next 6 months. Interest earned on invested cash is accrued on a quarterly basis.
DISTRIBUTION OF CASH BY FUNDS
March 2020 February 2020 Change General 5,004,802 5,410,745 (405,943) Sanitation 4,567,341 4,713,322 (145,981) Measure I (32,312) (48,055) 15,743 Capital Improvement 1,467,881 855,274 612,607 Refuse 478,125 680,421 (202,296) Trust 503,435 152,490 350,945 Successor Agency 169,782 169,782 - AB 3229 Supp Law Enforce 182,814 154,660 28,154 Total Cash in Treasury: 12,341,868 12,088,639 253,229
CASH WITH FISCAL AGENT - RESERVE FUNDS
COST MARKET CURRENT BASIS VALUE YIELD 2005 Revenue Refunding Bonds Big Bear Lake Reserve Fund 585,522 585,522 0.20% Moonridge Reserve Fund 80,359 80,359 0.20%
1999 IA Tax Allocation Bonds 289,288 289,288 0.20%
NOTE - Pursuant to California Govt. Code 53647 all local government agencies are required to report the current market value of investments under management by an outside party. The reserve funds for the aforementioned bond issues are held and managed by our Trustee, Union Bank.
Regular Meeting Minutes – March 9, 2020
A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Pro Tem Randall Putz at 6:30 p.m., Monday, March 9, 2020, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Jackowski
Invocation: Invocation led by Pastor Mike Barnes, Community Church Big Bear
Councilmembers Present: Mayor Pro Tem Randall Putz Councilmember David Caretto Councilmember Bob Jackowski Councilmember Bill Jahn
Councilmembers Excused: Mayor Rick Herrick
Others Present: Frank A. Rush, Jr., City Manager Stephen P. Deitsch, City Attorney Erica Stephenson, City Clerk Rebecca Cannon, Administrative Assistant
EVENT CALENDAR FOR THE PERFORMING ARTS CENTER For tickets please contact the box office at (909) 866-4970 or visit www.citybigbearlake.com
Big Bear Middle School Performing Arts Department presents “Frozen Jr.” from March 19- March 21 at 7 p.m. and a 2 p.m. matinee showing on March 22.
Big Bear Theatre Project presents a One Act Play Festival: Heartaches & Heartbreaks on April 3-April 4 and April 9 – April 11 at 7:30 p.m. and April 5 at 2:30 p.m.
PRESENTATIONS
Local Public Representatives will be presenting a Coronavirus status update, which will include recommendations and resources for the public.
PUBLIC COMMUNICATIONS
1. CONSENT CALENDAR
Motion made by Councilmember Jahn, seconded by Councilmember Caretto, to approve the Consent Calendar as follows:
1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 2/13/2020 THROUGH 2/27/2020 IN THE AMOUNT OF $633,848.43
Page 2 City Council Minutes March 9, 2020
Approved.
1.2 APPROVAL OF MEETING MINUTES FROM THE FEBRUARY 24, 2020 REGULAR MEETING OF CITY COUNCIL
Approved.
1.3 ADOPTION OF AN ORDINANCE – AN ORDINANCE AMENDING SECTIONS 5.10.200 AND 5.10.205 OF THE BIG BEAR LAKE MUNICIPAL CODE PERTAINING TO THE PROCESSING OF REQUESTS FOR EXTENDED OPERATIONS OF BINGO GAMES
Council consideration of adopting an ordinance amending Municipal Code Sections 5.10.200 and 5.10.205 pertaining to the processing of requests for extended operations of Bingo games.
Approved and adopted the following ordinance entitled:
ORDINANCE NO. 2020-479
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AMENDING MUNICIPAL CODE SECTIONS 5.10.200 AND 5.10.205 PERTAINING TO PROCESSING OF REQUESTS FOR EXTENDED OPERATIONS OF BINGO GAMES
1.4 2019 ANNUAL HOUSING ELEMENT PROGRESS REPORT
Council consideration of receiving any public comment regarding the Annual Progress Report (APR); finding the APR exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines; and directing staff to submit the APR in accordance with state law.
Approved.
The balance of the Consent Calendar was approved by the following vote:
AYES: Jahn, Caretto, Jackowski, Putz ANOES: None ABSTAIN: None EXCUSED: Herrick
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ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
2. DISCUSSION/ACTION ITEMS
2.1 RESOLUTION OF INTENTION AND NOTICE OF PUBLIC HEARING – BEAR VALLEY ELECTRIC SERVICE FRANCHISE AGREEMENT; EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15378
Council consideration of adopting Resolution No. 2020-XX, a Resolution of Intention, which also sets a public hearing for 6:30 p.m. on April 27, 2020, in Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake, California; directing the City Clerk’s Office to publish the Resolution of Intention in the appropriate newspaper(s) at least once not less than ten (10) days prior to the public hearing; and directing the City Clerk’s Office to publish the Notice of Public Hearing in the appropriate newspaper(s) at least once not less than ten (10) days prior to the public hearing.
John Harris, Director of Development Services, gave a presentation and brief overview regarding the proposed franchise agreement transfer.
Councilmember Caretto asked if there were any changes or different provisions within the new agreement and if other changes were made in the company, including staff. John Harris said he doesn’t expect Bear Valley Electric to make changes to the agreement; and assured Council that there has not been any changes yet in regards to staffing and indicated they will be creating a new Board.
Councilmember Jackowski inquired about the two percent franchise fee and asked for an update regarding the removal of the utility poles on Big Bear Boulevard. John Harris indicated that communications with Frontier were temporarily suspended thru the winter months, but informed Council that the removal efforts will continue once communications resume between the City and Frontier.
Mayor Pro Tem Putz asked who initiated the franchise transfer agreement and if the City is required to allow the transfer; and wanted to know how the City plans to limit the impact of liability to the residents. John Harris confirmed that this action was initiated by Bear Valley Electric and that we are required to transfer the franchise agreement due to the California Public Utility Commission’s (CPUC) decision of allowing the split of the two companies; reviewed a few stipulations
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that provide protection and stated that Bear Valley Electric should be accommodating for future requests related to City capital improvement projects, i.e. the possibility of undergrounding electric utility lines in conjunction with future City projects in an effort to reduce community risks.
Stephen Deitsch, City Attorney, said that staff is monitoring the negotiations between San Bernardino County and Bear Valley Electric and Council may utilize those negotiations efforts in the future depending upon the results.
Mayor Pro Tem Putz stated that he done some research and calculated that the local residential and commercial electric rates are significantly higher when compared to the average electric rates in California; he hopes that the City will be able to continue a good relationship with Bear Valley Electric and would also like to see local community risk diminished and service rates lowered in the future.
Motion by Councilmember Caretto, seconded by Councilmember Jahn, to approve staff’s recommendations and adopt the following resolution entitled:
RESOLUTION NO. 2020-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO TRANSFER AN ELECTRIC FRANCHISE TO BEAR VALLEY ELECTRIC SERVICE AND SETTING A PUBLIC HEARING DATE TO RECEIVE COMMENTS REGARDING SUCH PROPOSED FRANCHISE
Said motion was approved by the following vote:
AYES: Jackowski, Caretto, Jahn, Putz ANOES: None ABSTAIN: None EXCUSED: Herrick
2.2 AUTHORIZATION TO EXECUTE AN AGREEMENT FOR EVENT RESOURCE MANAGEMENT SERVICES AND ADOPTION OF A RESOLUTION FOR BUDGET APPROPRIATION
Council consideration of authorizing the City Manager, or his designee, to execute a new Agreement for the performance of event resource management services through June 30, 2020; and adopting a resolution authorizing an appropriation of $20,600 from the General Fund to increase the City Council Economic Development budget to fund the Event Resource Management Services Agreement through June 30, 2020.
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John Harris, Director of Development Services, briefed Council on the item including the history of the relationship and contract between the City and the Event Resources Manager, Rick Bates.
Mayor Pro Tem Putz stated he appreciates Rick Bates’ efforts and recognizes the importance of these large events for our community but is looking for the opportunity to revisit and better define the City’s roles in relation to event sponsorship and support.
Frank A. Rush, Jr., City Manager, agreed with Mayor Pro Tem Putz and confirmed the reason for the three-month extension to provide ample time to consider all of the City’s options.
Motion by Councilmember Jahn, seconded by Councilmember Caretto, to approve staff’s recommendations and adopt the following resolution entitled:
RESOLUTION NO. 2020-04
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING A BUDGET APPROPRIATION FOR THE EXTENSION OF THE EXISTING EVENT RESOURCE OFFICER CONTRACT THROUGH JUNE 30, 2020
Councilmember Caretto suggested that the City should consider whether or not budgeting for signature events is needed as the Tourism District has substantial funds due to TBID (Tourism Business Improvement District); believes the City may be able to utilize the event funds previously budgeted for other purposes.
Said motion was approved by the following vote:
AYES: Caretto, Jackowski, Jahn, Putz ANOES: None ABSTAIN: None EXCUSED: Herrick
2.3 ALTERNATIVE PROJECT DESIGN – STANFIELD CUTOFF CONNECTIVITY PROJECT
Council consideration of receiving a presentation regarding the Stanfield Cutoff Connectivity Project construction alternatives and reaching a consensus on the preferred alternative.
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John Harris, Director of Development Services, updated Council on the project and asked for recommendations for the alternative project design.
Councilmember Jahn indicated that San Bernardino County Transportation Authority (SBCTA) is in full support of this project; concerned with the conflict that may arise between those wishing to fish and the bicyclists due to the fact that the fishing piers will not be installed. John Harris agreed that there may be conflicts, but outlined ideas to alleviate said conflicts such as applying breaks in the guardrails to allow for future fishing piers and assured Council that staff is working on ways to discourage pedestrians from crossing in the middle of Stanfield to get to the West side.
Councilmember Jackowski asked if we can improve and modify the project in the future to better represent the project’s original design. John Harris responded with the changes in the proposed design and confirmed that improvements can be made in the future without significant reconstruction.
Mayor Pro Tem Putz asked how far County right-of-way stretches to the west; and sought clarification on the breaks in the guardrail to allow access to the water and if the breaks will encourage or discourage pedestrians from crossing in the middle of the road; would like to see the Municipal Water District contribute to the project. John Harris said the County right-of-way is 100 feet wide from the center divider; extending 50 feet to the east and 50 feet to the west; said breaks in the guardrail can be implemented but is unsure of the specifications on the breaks and/or signage; is optimistic that the plans will be ready soon to be presented to the County to review the final design details.
Councilmember Jahn asked if this project has been presented to the Planning Commission and asked if staff intends to. John Harris said we can present the project to the Planning Commission after all the details are worked out with the County.
John Harris said that while the fishing piers are not in the new design alternative, the idea of them being constructed in the future has not been cast aside.
Councilmember Caretto is glad to see that there will still be parking on the west side adjacent to the school, but is still concerned about pedestrians crossing in the middle of the street to get to the water’s edge.
Frank A. Rush, Jr., City Manager, informed Council that the grant funds awarded specifically for this project will expire at the end of the 2020 calendar year, and of the need to have a project that can be constructed in that limited timeframe; wanted
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everyone to understand that the design alternative is being presented because of the shortfall in available funds to complete the original project design; the original project would require the use of all the Measure Y funds that have been earmarked for other priority City projects; thinks the fishing pop-outs issue can be enhanced in the future.
Motion by Councilmember Jahn, seconded by Councilmember Caretto, to approve staff’s recommendation of the third design alternative and to present this project to the Planning Commission for their feedback.
Said motion was approved by the following vote:
AYES: Jackowski, Jahn, Caretto, Putz ANOES: None ABSTAIN: None EXCUSED: Herrick
CITY COUNCIL GENERAL ANNOUNCEMENTS & CITY BUSINESS Board/Committee Reports
Big Bear Area Regional Wastewater Agency Board Meeting on February 26, represented by Councilmember Caretto and Mayor Herrick.
League of California Cities Desert Mountain Division Meeting on February 28, represented by Councilmember Caretto and Mayor Pro Tem Putz.
ADJOURNMENT
There being no further business to come before the Council at this session, Mayor Pro Tem Putz adjourned the meeting at 8:09 p.m.
______Erica Stephenson, City Clerk
Special Workshop Meeting Minutes – March 23, 2020
A Special Workshop Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Rick Herrick at 10:00 a.m., Monday, March 23, 2020, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Flag Salute led by Mayor Herrick
Councilmembers Present: Mayor Rick Herrick Mayor Pro Tem Randall Putz Councilmember David Caretto Councilmember Bob Jackowski Councilmember Bill Jahn
Councilmembers Excused: None
Others Present: Frank A. Rush, Jr., City Manager Stephen P. Deitsch, City Attorney Erica Stephenson, City Clerk Rebecca Cannon, Administrative Assistant
PUBLIC COMMUNICATIONS
None
1. DISCUSSION/ACTION ITEMS
1.1 ADOPTION OF A RESOLUTION RATIFYING A PROCLAMATION DECLARING A LOCAL STATE OF EMERGENCY
Council consideration of adopting Resolution No. 2020-XX entitled A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RATIFYING AND DECLARING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) which ratifies the proclamation of existence of a local emergency regarding Novel Coronavirus (COVID-19) pursuant to Government Code Section 8630 with any additions and/or deletions as directed by the Council.
Frank A. Rush, Jr., gave a brief overview of the item and explained the need for adopting the resolution as it will ratify the proclamation declaring a local state of emergency that was issued on March 17th, will allow the City Manager to
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promulgate emergency information to the public, prohibit price gouging, provide protections to local renters from being evicted and authorizes the City to seek assistance from the federal/state government and charitable contributions from community members.
Councilmember Jahn asked City Attorney Steve Deitsch if a Conflict of Interest exists as he owns Mountain Meadows, an independent senior living facility. Steve Deitsch assured Councilmember Jahn that there is no Conflict of Interest in this matter as this resolution will effect more than twenty-five (25) percent of City residents and businesses; assured Councilmember Jahn he is permitted to participate in this discussion.
Steve Deitsch suggested that Council consider adopting an ordinance in the future setting further provisions regarding prohibiting price gouging; further explained that the eviction moratorium for both residential and commercial businesses can be modified at Council’s discretion.
Mayor Pro Tem Putz stated he was glad to see the eviction moratorium within the proposed resolution as this provision may very well make this situation less devastating for some residents and businesses.
Councilmember Caretto is in support of resolution as presented.
Councilmember Jackowski questioned what action is required to revoke the resolution in the future. City Attorney Steve Deitsch clarified the Council’s authority by ratifying a declaration of emergency, reminded Council that they must periodically review the proclamation in order to continue its legitimacy, and assured Council may terminate the resolution at any time, but the City and residents must still abide by other government orders including any state and county orders.
Councilmember Jackowski asked if there are any other specific benefits being offered to the residents such as loans or financial assistance. Steve Deitsch said there are federal loan programs available and it is up to the City to establish a local loan or grant program. Councilmember Jackowski sought additional clarification by asking if the proposed resolution opens the door for additional public assistance that will not be available if the resolution is not adopted. Steve Deitsch said it will certainly benefit the City as it can request for reimbursement by the federal and state government for costs incurred while dealing with the COVID-19 emergency, but can’t specifically identify how the residents’ grant/public assistance opportunities would benefit from the adoption of the resolution.
Councilmember Jahn expressed that he supports the resolution as presented.
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Mayor Herrick echoed all the other Councilmembers’ opinions, and stated he is in full support of this resolution.
Motion by Councilmember Jahn, seconded by Councilmember Caretto, to approve staff’s recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2020-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RATIFYING AND DECLARING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
Erica Stephenson, City Clerk, called on all known callers and solicited comments. No listeners chose to comment.
Said motion was approved by the following vote:
AYES: Jahn, Putz, Caretto, Jackowski, Herrick ANOES: None ABSTAIN: None EXCUSED: None
1.2 RECEIVE A COVID-19 STATUS REPORT UPDATE FROM CITY STAFF
Council consideration of receiving a status report update regarding the City’s current response and proposed future options relating to the COVID-19 Pandemic; and provide general feedback and direction as warranted.
Frank A. Rush, Jr., City Manager, first identified each person in the room then provided a comprehensive update to Council regarding local COVID-19 related efforts/issues including an overview of the number of confirmed cases in San Bernardino County, discussed the City’s efforts in response to this crisis including: implementing Governor Newsom’s “shelter in place” order and prohibiting lodging facilities and private home rentals from accepting new guests but clarified that guests that were processed prior to the order may stay for the remainder of their reservation and shelter-in place; shared the results of Sheriff’s “windshield” survey conducted at local hotels, motels and lodges; assured Council that most people in our community are being responsible and compliant to current orders; detailed the City’s response to news of Mayor Herrick’s diagnosis of COVID-19 including decreasing the number of City Hall staff working onsite, but assured Council that the leadership team and Public Works crews are working and that Code Compliance efforts in addition to other essential City services are still being provided; informed
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Council of staff’s regular communication and coordination efforts with local agencies within the Big Bear Valley and asked if Council had any further ideas or considerations regarding the next steps in dealing with this crisis.
City Manager also discussed how the City will be impacted financially and stated the City has healthy reserves but cautioned they are dedicated for specific purposes but did say there is flexibility in some reserves such as the General Fund if needed; he also expressed that he feels reasonably confident that the City will be financially sound thru the remainder of this fiscal year, brought up the notion of possibly deferring Transient Occupancy Tax; wanted to hear Council’s thoughts about special events held in Big Bear Lake including the 4th of July fireworks show.
Kelly Ent, Director of Government Services, discussed another major revenue source for the City – property tax; said property tax revenue may be impacted but that wouldn’t be seen until Fiscal Year 2021-2022 due to the way property tax is levied and collected.
John Harris, Director of Development Services, assured Council it is “business as usual” in regards to Public Works’ operations and assured Council that Code Compliance services are still being provided and Code calls are being handled promptly on a priority basis.
Erica Stephenson, Director of Development Services, discussed staff morale and well-being along with the City’s communication efforts with staff members.
Mayor Pro Tem Putz does not think TOT remittance should be deferred as he believes the money set aside for TOT belongs to the City and not the property owner and is concerned about the precedent it would set if the City did decide to defer TOT payments - believed it’s important for the City to explore other ways to support residents but does not recommend TOT deferral; said we need to start thinking about the future in terms of recovery; commented that he thinks the City should hold off making a decision on the 4th of July fireworks show since we still have some more time before the first payment is required; stated he feels comfortable with the actions the City has made thus far; thanked the City Manager and City staff for their hard work, applauded Mayor Herrick on his brave announcement and thanked Councilmember Caretto for being active on social media and presenting factual information to the community.
Councilmember Caretto said he appreciates all the communication efforts from staff; glad to see that the County also supports the no-lodging order; addressed some of the concerns he has heard regarding private home rental online reservation services’ non-compliance with the Governor’s order; agreed with Mayor Pro Tem Putz regarding TOT remittance, but wondered if there might be a way the City
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could delay TOT remittance for a period of time and lien the property in an effort to protect the City’s TOT revenue; believes we should wait until the last minute to decide on how to proceed with the 4th of July fireworks show; suggested we emphasis to the public that the Code Compliance and Public Works Department are still in operation.
Councilmember Jackowski said TOT is held in trust and should be paid to the City in a timely manner; thinks the City should make a last-minute decision in respect to the 4th of July fireworks show; thanked the City Manager, staff and Mayor Herrick for setting a good example.
Councilmember Jahn thanked the City Manager and the staff for all the hard work and asked Kelly Ent to describe the City’s current budget cutbacks.
Kelly Ent, Director of Government Services, discussed the cutbacks the City is implementing in response to this issue including capital purchase items and contractual services, indicated that staff has worked to identify things that should not significantly impact the organization or the essential services we provide.
Councilmember Jahn said he is not currently in the position to support deferral of TOT payments; believes the City should wait to decide on the 4th of July fireworks show because we need to be careful on how tax payer money is spent; believes an ad-hoc committee should be formed to begin planning how to re-start the local economy after the crisis begins to subside.
At the hour of 11:05am Councilmember Jahn left the meeting.
Mayor Herrick thanked everyone for the well wishes; reminded everyone to take this situation very seriously and not be cavalier; stated events in the valley should not be held if the number of confirmed cases continue to rise; agrees with the other Councilmembers regarding the collection of TOT and thinks if payments are deferred we would be setting some businesses up for failure; he indicated he may be willing to consider setting up loans through the City’s General Fund; wanted to address that all solid waste collection will continue, encouraged residents to tie off their trash bags to help limit the possible COVID-19 exposure to solid waste collection employees and conveyed that Big Bear Area Regional Wastewater Agency reminded everyone to not flush disinfectant wipes down the toilet; lastly thanked Frank and the staff for their efforts in dealing with the situation.
Frank A. Rush, Jr., gave his thanks to staff, governmental partners, other community stakeholders and Council.
Erica Stephenson, City Clerk, called on the public for comment.
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Michael Perry: Thanked the City for their efforts and wished everyone well.
Johnny Wells: Thanked the City for taking action on this issue; expressed his interest to know how much support the valley is receiving from the County of San Bernardino.
Jeff Willis, Big Bear Fire Department Chief, discussed the efforts of the Fire Department in the interest of public safety.
ADJOURNMENT
There being no further business to come before the Council at this session, Mayor Herrick adjourned the meeting at 11:15 a.m. in honor of all those who have been affected by the COVID- 19 pandemic.
______Erica Stephenson, City Clerk
Special Workshop Meeting Minutes – April 16, 2020
A Special Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Rick Herrick at 10:00 a.m., Thursday, April 16, 2020, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Flag Salute led by Mayor Herrick
Councilmembers Present: Mayor Rick Herrick Mayor Pro Tem Randall Putz Councilmember David Caretto Councilmember Bob Jackowski Councilmember Bill Jahn
Councilmembers Excused: None
Others Present: Frank A. Rush, Jr., City Manager Stephen P. Deitsch, City Attorney Kelly Ent, Director of Government Services John Harris, Director of Development Services Erica Stephenson, City Clerk
PUBLIC COMMUNICATIONS
Barb Cohen and Ron Tholen, residents of Big Bear Lake: They emailed a public comment (read aloud by the City Clerk) expressing their hope that the lake will be open by at least May 1st and suggested the possibility of only allowing non-motorized watercraft such as, kayaks, paddleboards or canoes, to be used in a responsible way. They feel this idea wouldn’t cause a significant negative impact to peoples’ safety and would allow the community an additional way to try to stay healthy and active during this crisis.
Gregory Gulli, General Contractor in Big Bear: Expressed his concerns about the public seeing people using the lake.
Dawn Rowe, San Bernardino County Third District Supervisor: She wanted to let the Mayor know how much she appreciates working with Frank Rush and thanked the Mayor for his leadership during this crisis, she also appreciates the accessibility of the entire City Council and their efforts to try to keep the mountain community safe.
1. DISCUSSION/ACTION ITEMS
1.1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE CONDITIONALLY WAIVING PENALTIES AND INTEREST FOR TRANSIENT OCCUPANCY TAX (TOT) AND TOURISM BUSINESS IMPROVEMENT DISTRICT (TBID) PAYMENTS DUE ON APRIL 30, 2020
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Council consideration of a resolution waiving penalties and interest for Transient Occupancy Tax and Tourism Business Improvement District payments through June 30, 2020.
At the hour of 10:10 a.m., Mayor Herrick called a short recess.
At the hour of 10:15 p.m., Mayor Herrick reconvened the meeting.
At the hour of 10:20 p.m., Councilmember Jahn who was experiencing technical difficulties logging into the Zoom meeting, was able to begin video participation in the meeting.
Frank A. Rush, Jr., City Manager, presented the proposed resolution regarding conditionally waiving penalties and interest for Transient Occupancy Tax (TOT) and Tourism Business Improvement District (TBID) payments and outlined the conditions of approval for being granted the waiver; said he hopes the deferral period will allow small businesses the time to seek other avenues regarding financial relief and assistance; briefly discussed the City’s financial position and assured Council the City will not be significantly impacted if the resolution were to be approved and adopted but believes it would help our Private Home Rental and traditional lodging communities.
Mayor Pro Tem Putz asked for additional insight as to how other local businesses that are not specifically related to lodging, might be assisted if those businesses are suffering financially; asked how delays will impact Visit Big Bear (VBB) in respect to their budget and operations. Frank A. Rush Jr. outlined federal assistance programs that are available to all qualifying small businesses and noted that the filing deadline for federal income taxes and state sales tax have both been deferred; reminded Council that TOT and TBID taxes are the only taxes under local control that will benefit from this resolution; gave a brief overview of TOT revenue in past quarters including current TOT estimates, explained the City has already received TOT payments for the 1st Quarter and believes many other TOT remitters will still make their payment on time.
Councilmember Caretto inquired about the TOT remittance form and Lien Agreement execution process including the timeline of recording the Lien agreement; asked about the process to remove the lien against the property if the amount owed is remitted by June 30. Stephen Deitsch, City Attorney, discussed the process including the need for all signatures on the Lien Agreement to be notarized, the need for the legal description of the property, and the fact that the City will be recording the agreement with the County; noted that by entering the agreement the operator/owner of the property will forego contest of the amount due and will forego a right to a hearing which is
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why it’s important to record the document promptly and discussed the lien removal process.
Councilmember Caretto asked why staff chose the date of June 30 as the deadline date as opposed to a later date; asked about the date private home rentals and lodging facilities will be allowed to operate again. Frank A. Rush, Jr. noted that the date is at Council’s discretion, and explained the rationale for why June 30 was chosen; said that the City will be guided by the Governor’s and public health department’s guidance in respect to the opening of private home rentals and lodging facilities.
Councilmember Jackowski asked if a new Lien Agreement will need to be executed if the date to remit payment is extended past June 30 and asked if a different deadline date can be agreed upon today. City Attorney Steve Deitsch confirmed a new Lien Agreement is not needed. Frank A. Rush Jr. indicated that a new date can be agreed upon today or the Council can adopt the resolution as written and staff would update the Council mid-June with regards to the amount of people who have and have not remitted their TOT/TBID tax.
Councilmember Jahn asked for an in-depth financial report in respect to the financial impact the delay of payments will have on the City. Frank A. Rush, Jr. confirmed that a financial report can be provided along with the draft FY 2020-21 budget being presented at the April 27 meeting.
Mayor Herrick stated he is in favor of adopting the resolution but doesn’t object to delaying the deadline to July 30 because the second quarter payments would be due around that time, but he indicated he is also open to making the decision to extend at a later date; would like to discuss the option of incentives for on-time remitters by April 30 including the possibility of a discount. Frank A. Rush, Jr. responded that a discount would make the City’s financial situation a little worse, but believes the loss to the City to be a manageable amount based upon the percentage.
Council Discussion regarding the possibility of implementing discounts for those who remit payment by April 30. City Attorney Steve Deitsch confirmed that it would not be a gift of public funds, so it would be lawful to implement discount incentives for on-time payments. Mayor Pro Tem Putz said he understands the pressure all lodging facilities are under right now but expressed several concerns in regards to offering discounts and stated that it is tough for him to support it. Councilmember Caretto asked if the discussion is appropriate as it’s not listed on the posted agenda; Stephen Deitsch said staff should consider including it on the next meeting agenda but it’s relevant to the resolution being proposed so believes it to be alright.
Councilmember Caretto stated he supports the resolution as submitted with the possibility of extending the deadline to be reviewed at a future date, said
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he is okay with whatever is the will of the Council. Councilmember Jackowski believes Council should move forth with the resolution as written and believes implementing discounts will not be beneficial. Councilmember Jahn asked if the City and Visit Big Bear have been communicating about discounts for April 30 payers; said he is in favor of supporting the resolution as written and noted that the Council can re-visit the resolution at a later date so the financial position of the City is better understood, said he is not in favor of the discount at this time.
Bob Pool, President of Visit Big Bear: Addressed Council regarding the City’s closure of businesses in response to the COVID-19 pandemic; proposed that the first quarter of TOT and TBID payments should be a loan covered by Measure Y funds and further proposed other options to assist our lodging community; believes the lien to be a burden and is not worth it.
Ellen Clarke, Chamber of Commerce Executive Director: Thanked City staff for their communication efforts during this time; stated the Chamber is in full support of assisting the lodging community but discussed the issues some local businesses are having with securing federal assistance loans; and said she would like the Chamber and the City to work together and discuss additional assistance options for small businesses that are not tied to the lodging community; believes there are non-financial ways for the City to assist the businesses.
Kerry Nugent, private home rental owner: Addressed Council in regards to Lien Agreement proposal and stated she will not personally go into the lien process but appreciates that Council is considering it for the community; thinks the discounts for paying the TOT would be a huge help and suggests that Council further consider it.
Erica Stephenson, City Clerk, read aloud the following comments submitted via Zoom.
Jennifer Sireika: Asked for recommendations as to the date that all rental properties should continue blocking out their reservation calendars.
Barbara Olsen: Requested that the deadline to remit TOT taxes be extended to July 31.
Ken Baskin, owner of Hillcrest Lodge: Addressed Council regarding the negative repercussions to property owners if a lien agreement is filed on their property.
Mayor Pro Tem Putz asked when the lien agreement paperwork would need to be executed and filed; proposed the City delay filing the lien agreements until after Council had a chance to meet again and discuss the payment deadline; Frank A. Rush, Jr. responded that all paperwork including the remittance form and the lien agreement needs to be submitted prior to April 30 and said we would need to communicate Council’s decision to the lodging facilities as soon as possible; assured Council that it is their discretion to not require a lien agreement but made them aware of those financial risks.
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Councilmember Caretto inquired about the risks the City will incur if the Lien Agreement is delayed being recorded with the County after June 30 assuming the payment is not remitted; stated that he still supports the resolution but suggested that staff delay recording the lien until June 30. Stephen Deitsch said delaying the Lien Agreement recordation can be done, but suggested that Council adopt the resolution as written, but also have a second motion directing staff not to record the Lien Agreement until a certain date; commented that if a lender is concerned about a prior lien recorded on the property by the City, the City could choose to subordinate the current Lien Agreement to the mortgage loan.
Councilmember Jackowski questioned whether or not a subordination will be written into the lien itself; asked where the lien would fall into place in respect to loans and taxes and what taxes, if any, would take precedence if it were filed without a subordination; stated he is not overtly excited about the subordination but thinks it should be considered; asked for clarification on how the recordation would work if the lien is against the property but the business owner does not own the property; concluded with saying he is in favor with having the Lien Agreement submitted to the City by April 30 and directing the City to file the Lien Agreement with the County at a later date. Stephen Deitsch did indicate that writing the subordination in the lien is an option, and the other option is include a subordination case-by-case but addressed a variety his concerns with writing the subordination within the lien; commented that the City’s lien for TOT/TBID payments would automatically fall subordinate to any prior recorded liens on the property and existing property taxes; stated that he believes its best that the City file the Lien Agreement sooner rather than later; stated all Lien Agreements will be recorded against the real property on which the lodging facility is located and if the lodging facility owner/operator does not own the property it’s contemplated that the lodging owner/operator would get the approval of the property owner to record the Lien Agreement; Frank A. Rush, Jr. added the easiest approach would probably be to delay recording until June 30th but asked Council to understand the risk with that approach including not recording a lien against the property at all – adding that would be an even greater financial risk.
Councilmember Jahn stated that subordination on the Lien Agreements should be done on a case-by-case basis depending on each circumstance; believes the Lien Agreement should be completed, signed, and submitted to the City by April 30 as he believes it’s important to have the paperwork prepared and ready to file when the date to file with the County is identified; indicated he thinks it is important to offer help yet, stressed that this is tax payers dollars and it needs to be protected; said he is okay with the resolution as written but requested that City staff update Council next month including what accounts have been paid, the amount of TOT collected and how a further extension would impact the City financially.
Mayor Herrick believes subordination should also be on a case-by-case basis; said he would entertain the possibility of not filing the Lien Agreement with the County
Page 6 City Council Minutes April 16, 2020
until July 31 and would be in favor it; said we are in interesting times but the Council’s job is to ensure the financial health of the City and do what is proper with tax payer dollars.
Mayor Pro Tem Putz asked the City Manager to clarify how a lien would work against a resort rental company that manages multiple properties and asked how they would get the property owners to execute liens as it would be cumbersome on the property management companies; Stephen Deitsch said he believes the lien would be recorded against the real property of the owner/operator that is taking advantage of the extension. Frank A. Rush, Jr. agreed with Mayor Pro Tem Putz that a level of complexity is brought forth with the large rental companies executing these Lien Agreements with multiple property owners and does question if it would be fair; said he is in regular contact with the largest rental companies and said they don’t currently have much interest in filing Lien Agreements.
Mayor Herrick suggested that a solution would perhaps be to file a lien against the large rental management company office building.
Councilmember Jackowski questioned if the large management companies are required to establish a trust for each property. Kelly Ent, Director of Government Services, confirmed that the City does not required a separate trust fund to be established for each property the agency manages.
Councilmember Caretto sought clarification on Council’s recommendations in respect to changes with the resolution. Mayor Herrick said he believes the due date should remain June 30 but not file the Lien Agreement with the County until July 31, but on a case-by-case basis; asked if changes can be made so that penalties and interest do not retroactively accrue since April if payment is not made by June 30. Stephen Deitsch clarified if the taxes are remitted by June 30 then penalties and interest begin accruing automatically from April 30 but said changes can be made to that schedule as it’s up to Council’s discretion.
Council, staff and City Attorney discussion regarding proposed changes to the resolution including the date the Lien Agreement is due to the City, the date the City will record the Lien with the County and the date the penalties and interest will begin to accrue.
Motion by Mayor Herrick, seconded by Councilmember Jahn, to approve the resolution as written with the addendum to delay recording the Lien Agreement paperwork with the County until no later than July 31; to not have retroactive penalties and interest until June 30 and all recordation dates with the County will be made on a case-by-case basis with the City Manager’s discretion.
Said motion was approved by the following vote:
AYES: Putz, Jahn, Caretto, Jackowski, Herrick ANOES: None ABSTAIN: None
Page 7 City Council Minutes April 16, 2020
EXCUSED: None
1.2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE AUTHORIZING FY 2019-20 APPROPRIATION AND EXPENDITURE OF UP TO $20,000 FOR JULY 4TH FIREWORKS
Council consideration of a resolution authorizing a City commitment to assist Visit Big Bear in funding July 4th Fireworks, and authorizing an appropriation of $20,000 from the General Fund for the first of two required payments for this event.
John Harris, Director of Development Services, presented the item and outlined the recommendations being brought forth to Council.
Mayor Pro Tem Putz commented on his concerns for safety in respect to the current social distance requirements and how the City will enforce it; questioned possible alternative dates for the show and Frank A. Rush Jr. responded that if it’s not safe to proceed with the fireworks show on July 4th, then the show will be postponed; wanted Council to understand that there is a financial risk involved but that staff believes it to be a worthwhile risk because of the benefits this show would have for the community . John Harris echoed Frank’s comments/ideas about enforcing social distancing as such a large event.
Councilmember Caretto asked why the Rotary Club was not involved in the contract as they have been in the past; inquired about current agreement and the possibility of deferring the show’s deposit this year to next year’s event; wanted to know who would be in charge of the show preparation. Frank A. Rush Jr., informed Council about the positive partnership the City has with Visit Big Bear and shared his goal of working with that Visit Big Bear next year in an effort to have that organization fund 100% of the fireworks show costs in July 2021; John Harris noted that the pyrotechnics company will not allow the deposit to be held for next year’s show as it will be after this fiscal year concludes; noted that the only change with this year’s show will be the funding sources and confirmed the Rotary Club will still be hosting the show this year.
Councilmember Jackowski sought clarification on the amount of the deposit; asked if the Rotary Club is on-board with the changes; outlined appropriate dates for the show if July 4th would not be a possibility and asked if we would be limited to holiday weekends; hopes that the show will happen before Labor Day. Frank A. Rush, Jr. advised Council the total deposit amount is $37,500 and the City and Visit Big Bear will split the deposit amount; stated that he would like the show to be on a date that would be most beneficial and safe for the community and businesses John Harris said all four parties in the MOU are aware and are in agreement with the current changes.
Page 8 City Council Minutes April 16, 2020
Councilmember Jahn asked when Council will need to decide to hold the show on July 4 or to postpone it; asked when the balance is due; stated he has concerns with enforcing social distancing; said he supports the resolution. Frank A. Rush, Jr. said he believes a decision will need to be made by mid- June; agreed that enforcing social distancing during the firework show will be a challenge but said the City will continue to explore options to safeguard the event.
Mayor Herrick said he is in-favor of the show and that he feels it is important for the community, but has concerns with the overall price and suggests minimizing the show to save cost; would like the show to continue no matter the date; and said the location of the barge should be moved to perhaps allow for better social distancing; wants to know if the show cost is a set contract amount or it can be negotiated and asked about additional expenses of the show; said he is in support of the resolution. John Harris said the price of the show can be negotiated slightly and detailed the additional estimated show expenses beyond the contract costs.
Councilmember Jackowski commented that the cost of enforcing social distancing will also need to be factored in to the overall expenses.
Councilmember Jahn asked if traffic control was included in the current estimated cost of the show and is interested in learning the cost of additional law enforcement officers. John Harris confirmed that the proposed cost of the show does not include traffic control, but he doesn’t not expect it to be a substantial amount.
Mayor Herrick commented that the Fire Department may seek involvement in an effort to boost revenue.
Councilmember Caretto said there are law enforcement issues each year, and stated he is in support of the proposed resolution.
Motion by Councilmember Caretto, seconded by Mayor Pro Tem Putz, to approve staff recommendation and adopt the following resolution entitled:
RESOLUTION NO. 2020-07
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AUTHORIZING FY 2019-20 APPROPRIATION AND EXPENDITURE OF UP TO $20,000 FOR JULY 4 FIREWORKS SHOW
Councilmember Jackowski asked for a review of the City’s overall commitment in regards to cost for the fireworks show.
Erica Stephenson, City Clerk, read aloud the following comments submitted via Zoom.
Page 9 City Council Minutes April 16, 2020
Kerry Nugent, private home rental owner: wanted to remind the Council to take into account the fire season.
Maureen Auer, Planning Commissioner: wanted Council to know that she was observing the Zoom meeting and is in agreement with Council regarding the fireworks show.
Wendy Craig expressed concern in regards to rescheduling the show and hopes the Council takes into consideration other events scheduled in the community that may be in conflict with a new date.
Michael Rotman indicated that until there is a vaccine, he feels the show is a waste of money and that he didn’t think Governor Newsom would allow such a large event until there is a vaccine. He also suggested that the City use the $20,000 to create a fund to save small businesses.
John Wells wondered if the City had received information regarding what other cities may be doing with their 4th of July celebrations this year.
Mayor Herrick stated he understood all of the public’s comments and said he wouldn’t want to see the money go to waste although he is still in favor of this item especially since the City is splitting the costs with Visit Big Bear.
Councilmember Jahn echoed Councilmember Jackowski request regarding the issuance of a report that analyzes the overall cost of the show including law enforcement and traffic control.
Councilmember Jackowski supports the appropriation of funds to move forward.
Erica Stephenson, City Clerk, read aloud an additional comment submitted via Zoom.
Mike Hansen with the Big Bear Film Summit suggested the possibility of the City streaming the show live thru an online format that his group is going to use for their event this summer.
Said motion was approved by the following vote:
AYES: Jahn, Caretto, Putz, Jackowski, Herrick ANOES: None ABSTAIN: None EXCUSED: None
At the hour of 12: 31 p.m., Mayor Herrick called a short recess.
At the hour of 12:36 p.m., Mayor Herrick reconvened the meeting.
1.3 RECEIVE A COVID-19 UPDATE FROM CITY STAFF
Council will receive an update from City staff regarding the City’s COVID- 19 response to date, discuss potential additional actions to promote public
Page 10 City Council Minutes April 16, 2020
safety, and health, and discuss potential actions to promote the City’s economic recovery.
Frank A Rush, Jr., City Manager, provided a comprehensive update to Council regarding local COVID-19 related efforts/issues; remains hopeful that the Governor and the County will consider a communities’ geography when considering how the restrictions will begin to be reduced; sought Council’s feedback and further direction regarding the next steps that should be taken.
Mayor Herrick thanked City staff for their efforts in dealing with these trying times.
Mayor Pro Tem Putz said it’s important to begin thinking about what life and business would look like in the future in Big Bear Lake once restrictions are lifted including the positive aspects and the challenges that may be presented; feels the City is uniquely positioned due to our remote location and surrounding natural environment to be on the leading edge of the recovery; commended Frank on his community outreach efforts; wanted to remind everyone to reach out virtually to family and friends because the emotional impact of this event is easy to overlook.
Councilmember Caretto said he appreciates the communicative efforts from City staff and believes the public does too; sought clarifications on the specifics of a long-term rental versus a short-term rental in respect to the rental periods; brought up community concerns in respect to the Farmer’s Market; asked if there is any effort to prohibit hikers on the Pacific Crest Trail (PCT); happy to see that the community will be provided valley-wide testing. Frank A. Rush, Jr. clarified that long-terms rentals are rental periods for 30 days or more, so the prohibition does not apply; assured Council that staff spoke with the County Public Health Department in respect to the operation of the Farmer’s Market and they are permitted to operate, much like a grocery store and updated Council on local agency efforts to assist PCT hikers with guidance and transportation off the mountain.
Councilmember Jackowski thanked the meeting’s participants and staff; said safeguarding the health of the community is of the upmost concern; thanked the hospital staff for their hard work and gave a brief overview on the status of confirmed cases in Big Bear Valley; would like to proceed with caution but would like to establish and coordinate a plan that balances both community health and economic stimulation while being mindful of all the community stakeholders.
Councilmember Jahn also thanked Frank and staff for their communicative efforts; said he wouldn’t be surprised if the number of positive cases of COVID-19 increase after the testing is concluded, reminded everyone to stay patient and stated we will all get thru this situation together.
Page 11 City Council Minutes April 16, 2020
At the hour of 12:59 p.m., Councilmember Jahn left the meeting.
Mayor Herrick emphasized the importance of the antibody test and addressed the theory that COVID-19 has been lingering longer than expected; encouraged residents to complete the 2020 Census questionnaire; discussed the COVID-19 testing scheduled for April 17.
Stephen Deitsch, City Attorney, informed Council on the process to facilitate the testing including the execution of two agreements, one with the County of San Bernardino and the other with Snow Summit to allow the City temporary use of their parking lot.
Frank A. Rush, Jr. explained some of the details related to the COVID-19 local testing process including the online appointments, expenses the City has incurred to facilitate the testing site; said he expects the number of positive cases to increase after the results are made public but does not perceive a great increase; acknowledged the idea of rolling back restrictions and said he would like to share some of those ideas with Council at a later meeting; assured Council and the public that our Zoom meeting capacity will be increased for future meetings; sought guidance on how and what to communicate to vacation rental home owners regarding the timeframe of when they may be able to begin accepting reservations.
Erica Stephenson, City Clerk, read aloud the following comments submitted via Zoom.
Brent Fidler: Provided his idea regarding the County reducing property taxes during the timeframe of the shutdown, since he believes a portion of those taxes are used for schools and roads, which aren’t being used right now; he was hoping the City could support him with this idea.
Michael Rotman: Thanked Frank Rush and the City staff for all of their recent communication.
Judy Lynn Enriquez: Thanked everyone and wanted additional information regarding Airbnb communications relating to future online booking timeframes.
Brent Fidler: Questioned why if the Farmers Market can operate using social distancing then why can’t private home renters safely implement the same procedures.
Kerry Nugent, private home rental owner: Requested a specific date that she use to block out her private home rental reservations.
Steve Deitsch, City Attorney, replied to Mike Rotman’s comment regarding property taxes and confirmed that the County approved an extension of property tax payments and informed the public that property taxes are not within the jurisdictional authority of the City.
Page 12 City Council Minutes April 16, 2020
ADJOURNMENT
There being no further business to come before the Council at this session, Mayor Herrick adjourned the meeting at 1:13 p.m.
______Erica Stephenson, City Clerk
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager John Harris, Director of Development Services
SUBJECT: Resolution of the City Council of the City of Big Bear Lake Authorizing Execution of Mutual Aid Agreements with San Bernardino County Public Works Department and Flood Control District
ACTION TO BE CONSIDERED
The attached resolution formally authorizes execution of Mutual Aid Agreements with San Bernardino County Public Works and San Bernardino County Flood Control District, and finds execution of these Agreements exempt from the California Environmental Quality Act.
The execution of formal Mutual Aid Agreements between the City and County will enhance the efficiency and effectiveness of both entities in the future.
BACKGROUND
Occasionally, circumstances develop that require resources that exceed those typically available to the City. Examples may include unanticipated natural disasters such as heavy snowstorms, flooding, and wildfires, or more predictable events such as clearing and grubbing large areas, or hauling large volumes of construction material. It is typically cost-prohibitive for a single municipality or government agency to maintain year-round staffing and equipment necessary to support these unique events. Instead, municipalities and partner agencies typically execute Mutual Aid Agreements to request and provide support when necessary.
DISCUSSION
In coordination with San Bernardino County (SBC) Public Works Department and Flood Control District staff, we have developed a legal framework within which the City and SBC can assist each other with routine and emergency support. This support may include personnel, equipment, and materials as necessary to complete scheduled maintenance, small capital improvement projects, and disaster relief efforts. These Mutual Aid Agreements establish the necessary protocols for Parties to provide, as well as obtain, assistance as needed when resources are available.
Highlights of these Mutual Aid Agreements include: 1. The ability of each Party to request and provide personnel, equipment, and materials as needed for routine maintenance and emergency support; 2. Services may be provided by any Party when resources are available, and no Party is required to provide support; 3. Individual project costs shall not exceed $60,000; 4. Total fiscal year expenditures for any Party shall not exceed $100,000; 5. Each Party will invoice the other for work performed pursuant to these Agreements on May 31 of each year, or when the amount of cumulative work performed reaches or exceeds $25,000; 6. June 1, 2020 Effective Date; 7. June 30, 2025 Termination Date.
Execution of these Agreements will reduce expenditures and improve service delivery for all Parties.
FISCAL IMPACT
There is no fiscal impact, as we expect the amount charged by each party to be generally equal each year.
ENVIRONMENTAL CONSIDERATIONS
Execution of these Mutual Aid Agreements does not constitute a “project” for purposes of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and therefore does not require environmental review.
RECOMMENDATIONS
We recommend that Council approve the a resolution of the City Council of the City of Big Bear Lake authorizing execution of Mutual Aid Agreements with San Bernardino County, and finding the execution of these Mutual Aid Agreements exempt from the California Environmental Quality Act.
Attachments: 1. Resolution No. 2020-XX 2. CEQA Notice of Exemption 3. San Bernardino County Public Works Mutual Aid Agreement 4. San Bernardino County Flood Control District Mutual Aid Agreement
ATTACHMENT 1
RESOLUTION NO. 2020-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING EXECUTION OF MUTUAL AID AGREEMENTS WITH SAN BERNARDINO COUNTY PUBLIC WORKS DEPARTMENT AND FLOOD CONTROL DISTRICT
WHEREAS, the City of Big Bear Lake, San Bernardino County Public Works Department, and San Bernardino County Flood Control District have collaborated to enter into Mutual Aid Agreements (MAA) to supersede all previous individual MAAs; and,
WHEREAS, the purpose of the MAAs is to establish the terms and conditions by which any Party to the MAAs may request aid and provide assistance from one another for routine maintenance, emergency response, or disaster recovery that exceeds the resources available to the requesting party; and,
WHEREAS, the Parties have agreed upon the terms of the proposed MAAs, attached hereto, which shall commence on June 1, 2020 and shall terminate on June 30, 2025 unless any Party elects to terminate earlier as specified in the attached MAAs; and,
WHEREAS, the City Council has reviewed the proposed MAAs attached hereto and believe it is in the best interests of the City to approve and enter into the attached MAAs;
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. That the execution of these Mutual Aid Agreements with San Bernardino County is categorically exempt from the California Environmental Quality Act.
2. The City Manager or his duly authorized representative shall execute the San Bernardino County Public Works and Flood Control District Mutual Aid Agreements.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2020.
AYES: NOES: ABSTAIN: EXCUSED:
Rick Herrick, Mayor
ATTEST:
Erica Stephenson City Clerk
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2020-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 27th day of April, 2020 and that the same was so passed and adopted by the following vote:
AYES: NOES: ABSTAIN: EXCUSED:
Erica Stephenson, City Clerk
ATTACHMENT 2
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Director of Development Services County of San Bernardino City of Big Bear Lake 385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000 San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900
Project Title: Resolution of the City Council of the City of Big Bear Lake Authorizing Execution of Mutual Aid Agreements with San Bernardino County Public Works Department and Flood Control District
Project Location - Specific: Various
Description of Project: Administrative execution of Mutual Aid Agreements to request and provide routine maintenance and emergency support assistance
Name of Public Agency Approving Project: City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project: City of Big Bear Lake, Director of Development Services
Exempt Status: (check one) (State type and section number) XX CategoricallyExempt Section: 15378
Reasons why project is exempt: Execution of these Mutual Aid Agreements does not constitute a “project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et. seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and therefore does not require environmental review. Specifically, under State CEQA Guidelines section 15378, “project” does not include administrative activities or government fiscal activities that do not involve any commitment to any specific project which may result in a physical change in the environment. Even if execution of these Mutual Aid Agreements constituted a “project” for purposes of CEQA, the project would be exempt from environmental review under State CEQA Guidelines section 15320 (Organization of Local Agencies), and 15061(b)(3), which exempts projects for which it can be seen with certainty will not result in significant environmental impacts. None of the exceptions found in State CEQA Guidelines section 15300.2 to the use of these exemptions are present.
LeadAgencyorContactPerson: AreaCode/Telephone/Extension JohnHarris,DirectorofDevelopmentServices (909)866-5831
Date: April 27, 2020
Signature:
______John Harris Director of Development Services
ATTACHMENT 3
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Contract Number
SAP Number
San Bernardino County Public Works
Department Contract Representative Melissa L. Walker, P.E. Telephone Number (909) 387-7997
Contractor City of Big Bear Lake Contractor Representative Telephone Number Contract Term June 1, 2020 – June 30, 2025 Original Contract Amount $60,000 per project not to exceed $100,000 for each party per fiscal year Amendment Amount Total Contract Amount Cost Center 66500020000
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, City of Big Bear Lake (CITY) has observed that many of its street facilities and related appurtenances within its jurisdictional area need occasional maintenance and repair; and
WHEREAS, Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with the County of San Bernardino (COUNTY) for the maintenance, construction or repair of CITY streets, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of said streets; and
WHEREAS, COUNTY and CITY are sometimes individually referred to in this Agreement as PARTY and collectively referred to as PARTIES; and
WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance and repair of its street facilities and related appurtenances within CITY to contract with COUNTY for COUNTY to sometimes perform said work, including emergency work, on CITY street facilities and related appurtenances located within the incorporated area of CITY (the description of said work hereinafter referred to as "CONTRACT WORK”); and
Standard Contract Page 1 of 7
WHEREAS, CONTRACT WORK will be performed by COUNTY staff and/or COUNTY contractors; and
WHEREAS, CONTRACT WORK will not exceed sixty thousand dollars ($60,000) per project and CITY will reimburse COUNTY for all costs incurred by COUNTY in performing such CONTRACT WORK requested by CITY and completed by COUNTY; and
WHEREAS, Streets and Highways Code section 1710 authorizes COUNTY to contract with CITY for the CITY’s maintenance, construction or repair of COUNTY highways within unincorporated county territory; and
WHEREAS, COUNTY has determined that it is necessary for the more efficient maintenance and repair of its highway facilities and related appurtenances to contract with CITY for CITY to sometimes perform CONTRACT WORK, which includes emergency work, on COUNTY highway facilities and related appurtenances located within CITY’s sphere of influence as defined by the San Bernardino County Local Agency Formation Commission; and
WHEREAS, CONTRACT WORK will be performed by CITY staff and/or CITY contractors; and
WHEREAS, CONTRACT WORK will not exceed sixty thousand dollars ($60,000) per project and COUNTY will reimburse CITY for all costs incurred by CITY in carrying-out CONTRACT WORK requested by COUNTY and completed by CITY; and
WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to the work described in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
SECTION I
1.0 For CONTRACT WORK provided to CITY:
COUNTY AGREES TO: 1.1 Schedule requested work upon receipt of a written “Notice to Proceed” from CITY and to provide to CITY a schedule of work days anticipated for the work for CITY concurrence. COUNTY, through its authorized representative identified in Paragraph 4.5 and in its sole discretion, shall decide whether to approve or disapprove an individual “Notice to Proceed” and provide specific services to CITY. 1.2 Utilize COUNTY’s Department of Public Works labor force and/or contractors in providing services under this Agreement. 1.3 Obtain a no-cost permit from CITY for any CONTRACT WORK to be performed hereunder within CITY’s right-of-way. COUNTY’s Director of Public Works, or the Director’s designee, shall have the authority to obtain a permit from CITY for CONTRACT WORK. 1.4 Upon completion of each individual work assignment, submit to CITY an itemized accounting of actual CONTRACT WORK costs incurred by COUNTY and an invoice for such costs. 1.5 COUNTY shall require all contractors and vendors providing CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES. 1.6 Enforce COUNTY’s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages. When applicable, COUNTY shall fill out and submit to the California Department of Industrial Relations a PWC-100 form.
CITY AGREES TO: 1.7 Provide COUNTY a written “Notice to Proceed” for any authorized work requested by CITY. 1.8 Provide a no-cost permit to COUNTY for its work hereunder within CITY's right-of-way.
Revised 7/15/19 Page 2 of 7 1.9 After COUNTY completes each individual CONTRACT WORK assignment and submits an itemized accounting of actual CONTRACT WORK costs incurred by COUNTY along with an invoice, to reimburse COUNTY for CONTRACT WORK costs within sixty (60) calendar days after receipt of invoice. 1.10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CONTRACT WORK with the COUNTY. 1.11 Comply with any applicable California Environmental Quality Act (CEQA) requirements as well as completing the required CEQA documents. 1.12 When applicable, fill out and submit to the California Department of Industrial Relations a PWC- 100 form.
SECTION II
2.0 For CONTRACT WORK provided to COUNTY:
CITY AGREES TO: 2.1 Schedule the COUNTY requested CONTRACT WORK upon receipt of a written “Notice to Proceed” from the COUNTY and provide to COUNTY a schedule of work days anticipated for the CONTRACT WORK for COUNTY’s concurrence. CITY, through its authorized representative identified in Paragraph 4.5 and in its sole discretion, shall decide whether to approve or disapprove an individual “Notice to Proceed” and provide specific services to COUNTY. 2.2 Utilize CITY's labor force and/or contractors in providing services under this Agreement. 2.3 Obtain a no-cost permit from COUNTY for work hereunder within COUNTY’s right-of-way. 2.4 Upon completion of each CONTRACT WORK assignment, submit to COUNTY an itemized accounting of CONTRACT WORK costs incurred by CITY and an invoice for such costs. 2.5 Enforce CITY’s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages. 2.6 Accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CITY’s designated checking or other bank account. CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments. 2.7 When applicable, CITY shall fill out and submit to the California Department of Industrial Relations a PWC-100 form.
COUNTY AGREES TO: 2.8 Provide CITY a written “Notice to Proceed” for any authorized work requested by COUNTY. 2.9 Provide a no-cost permit to CITY for its work hereunder within COUNTY’s right-of-way. 2.10 After CITY completes each individual CONTRACT WORK assignment and submits an itemized accounting of actual CONTRACT WORK costs incurred by CITY along with an invoice, to reimburse CITY for CONTRACT WORK costs within sixty (60) calendar days after receipt of invoice. 2.11 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CONTRACT WORK with the CITY. 2.12 Comply with any applicable CEQA requirements as well as completing the required CEQA documents. 2.13 When applicable, fill out and submit to the California Department of Industrial Relations a PWC- 100 form.
SECTION III
3.0 IT IS MUTUALLY AGREED: 3.1 The types of CONTRACT WORK shall include, but not be limited to: maintenance or emergency repair of streets/highways, appurtenant fencing, culvert or drainage facilities, snow removal, grading and application of soil stabilization product on dirt roads, as well as providing heavy equipment for storm debris cleanup, striping, chip sealing, maintenance or emergency paving. 3.2 COUNTY and CITY will accept payment from each other for CONTRACT WORK requested by CITY or COUNTY for up to sixty thousand dollars ($60,000) per project. Revised 7/15/19 Page 3 of 7 3.3 The cost for each project shall not exceed sixty thousand dollars ($60,000). 3.4 The total cost for all work performed pursuant to Section 1.0 shall not exceed one hundred thousand dollars ($100,000) per fiscal year, absent a prior written amendment to this Agreement. The total cost for all work performed pursuant to Section 2.0 shall not exceed one hundred thousand dollars ($100,000) per fiscal year, absent a prior written amendment to this Agreement. 3.5 Notwithstanding any provision herein to the contrary, the first invoice submitted by each Party to the other Party hereunder shall not be submitted until such time as funds due the requesting Party exceed, in the aggregate for that fiscal year up to that time, twenty-five thousand dollars ($25,000). Each Party shall make a good faith effort to submit invoices to the other Party for CONTRACT WORK performed up to that time within each fiscal year no later than April 30. The term “fiscal year” as used in this Agreement shall mean July 1 through June 30 of each calendar year. 3.6 CITY or COUNTY is only responsible to provide the CONTRACT WORK of facilities identified in the “Notice to Proceed” from the requesting party (CITY or COUNTY) and agreed to by the non- requesting party (CITY or COUNTY). After completion of CONTRACT WORK on any particular facility, the requesting party (CITY or COUNTY) shall be responsible for all future maintenance and repair work associated with the CONTRACT WORK, unless the non-requesting party (CITY or COUNTY) receives a future request to provide additional CONTRACT WORK under this Agreement, followed by an approval of a written “Notice to Proceed.” 3.7 The PARTIES shall comply with all applicable laws and regulations, including, but not limited to, all applicable Public Contract Code (e.g. bidding requirements), Labor Code (e.g. prevailing wage requirements), Business and Professions Code (e.g. licensing requirements), and Civil Code requirements (e.g. payment bond requirements).
SECTION IV
4.0 IT IS FURTHER UNDERSTOOD AND AGREED: 4.1 The requesting party (CITY or COUNTY) shall prepare and submit to the non-requesting party (CITY or COUNTY) a “Notice to Proceed” that outlines the work requested within the scope and budget limitations of this Agreement. The Notice to Proceed shall include the location (street(s) or highway(s)) the work shall take place on, the scope of the work, the requested schedule, the level of service required (if necessary), and other pertinent terms and details for the project within the scope of this Agreement. The COUNTY Director of Public Works and the CITY Director of Public Works/City Engineer shall have the authority to prepare and submit a “Notice to Proceed,” as well as provide estimates and approve CONTRACT WORK projects up to sixty thousand dollars ($60,000) each. The non-requesting party shall develop cost estimates and project schedules for review by the requesting party using COUNTY/CITY-approved labor and equipment rates that include fringe and overhead for actual employee classifications, equipment rates that will recover the depreciation expenses and the maintenance and repair cost of the equipment used for the proposed work assignment and estimated material costs. If requested, the estimate of cost will be provided to the requesting party prior to the commencement of work. The non-requesting party is under no obligation to perform work tasks and the non-requesting party’s representative identified in Paragraph 4.5 may decline to perform the requested work for any reason or for no reason.
4.2 The Effective Date of this Agreement shall be June 1, 2020.
4.3 Insurance and Indemnification
COUNTY is an authorized self-insured or partially self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Worker's Compensation and warrants that through its respective programs of self-insurance and insurance, it has adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement. CITY is member of the California JPIA, a risk pooling joint powers authority. CITY participates in the JPIA’s joint protection programs for the purpose of general liability, automobile liability, professional liability with coverage of $50 million per occurrence and workers’ compensation coverage at statutory limits and warrants that it has
Revised 7/15/19 Page 4 of 7 adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement. Neither CITY nor any officer, employee, agent, or volunteer of CITY shall be responsible for any damage or liability arising out of, pertaining to, or relating to any acts or omissions on the part of COUNTY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by COUNTY or its contractors under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895.4, COUNTY shall fully indemnify, defend (with counsel approved by CITY) and hold CITY and its officers, employees, agents, and volunteers harmless from any liability imposed for injury (as defined by Government Code section 810.8) arising out of, pertaining to, or relating to any acts or omissions on the part of COUNTY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by COUNTY or its contractors under this Agreement.
Neither COUNTY nor any officer, employee, agent or volunteer of COUNTY shall be responsible for any damage or liability arising out of, pertaining to, or relating to any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by CITY or its contractors under this Agreement. It is also understood and agreed that, pursuant to Government Code section 895.4, CITY shall fully indemnify, defend (with counsel approved by COUNTY) and hold COUNTY and its officers, employees, agents, and volunteers harmless from any liability imposed for injury (as defined by Government Code section 810.8) arising out of, pertaining to, or relating to any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to and performed by CITY or its contractors under this Agreement.
In the event COUNTY and/or CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.
CITY and COUNTY agree to waive all rights of subrogation against each other.
4.4 No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by CITY and COUNTY.
4.5 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:
County of San Bernardino City of Big Bear Lake 825 East Third Street PO BOX 10000 San Bernardino, CA 92415 39707 Big Bear Blvd Authorized Representative: Big Bear Lake, CA 92315 Director of Public Works Authorized Representative: Director of Public Works
4.6 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise. 4.7 This Agreement shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. Any dispute or action to enforce any obligation under this Agreement shall be filed and resolved in the appropriate Superior Court in the County of San Bernardino, California. In
Revised 7/15/19 Page 5 of 7 the event of litigation arising from this Agreement, each PARTY to the Agreement shall bear its own costs, including attorney’s fees. This provision concerning costs shall not apply to costs or attorney’s fees relative to paragraphs 4.3. 4.8 This Agreement contains the entire Agreement of the PARTIES with respect to subject matter hereof, and supersedes all other prior negotiations, understandings or contracts. This Agreement may only be modified in writing, signed by authorized representatives of both CITY and COUNTY. 4.9 This Agreement may be terminated, with or without cause, by either CITY or COUNTY upon thirty (30) calendar days advance written notice by the party wishing to terminate, provided however, that any such cancellation shall not be effective as to any existing obligations pursuant to any CONTRACT WORK authorized prior to notice of cancellation. In the event of cancellation as provided herein, all CONTRACT WORK costs required to be paid by the PARTIES prior to the effective date of cancellation shall be paid by the PARTIES as provided in this Agreement. 4.10 Except with respect to the indemnification obligations contained herein which shall survive the termination of this Agreement, this Agreement shall commence on the date it is approved by both PARTIES, and shall terminate on June 30, 2025, unless it is terminated early as provided in Paragraph 4.9. 4.11 This Agreement may be signed in counterparts, each of which shall constitute an original.
4.12 The Recitals preceding the terms of this Agreement are incorporated into the terms hereof by this reference and constitute constructive terms of this Agreement. 4.13 Since the PARTIES or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any party.
WITNESS WHEREOF, this Agreement, has been fully executed on behalf of COUNTY and CITY by their duly authorized representatives.
Revised 7/15/19 Page 6 of 7
COUNTY OF SAN BERNARDINO CITY OF BIG BEAR LAKE (Print or type name of corporation, company, contractor, etc.)
By Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink)
Dated: Name Frank Rush, Jr. SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title City Manager Lynna Monell (Print or Type) Clerk of the Board of Supervisors of the County of San Bernardino By Dated: Deputy
Address 39707 Big Bear Blvd, PO Box 10000 [JH1] Big Bear Lake, CA 92315
ATTEST:
By
Erica Stephenson
City Clerk
APPROVED AS TO FORM:
By
Stephen Deitsch
City Attorney
FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Suzanne Bryant, Deputy County Counsel Mohammad Ali, P.E. Brendon Biggs, Interim Director
Date Date Date
Revised 7/15/19 Page 7 of 7
ATTACHMENT 4
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Contract Number
SAP Number
San Bernardino County Flood Control District
Department Contract Representative Melissa L Walker, P.E. Telephone Number (909) 387-7997
Contractor City of Big Bear Lake Contractor Representative Telephone Number Contract Term June 1, 2020 – June 30, 2025 Original Contract Amount $45,000 per project, not to exceed $100,000 for each party per fiscal year Amendment Amount Total Contract Amount $500,000 Cost Center 1960002540
IT IS HEREBY AGREED AS FOLLOWS:
WITNESSETH
WHEREAS, flood control facilities, access roads, and related appurtenances within the jurisdiction of the City of Big Bear Lake (CITY) need occasional maintenance and repair; and
WHEREAS, Section 54981 of the California Government Code authorizes the legislative body of any local agency to contract with any other local agency for the performance by the latter of municipal services or functions within the territory of the former; and
WHEREAS, the San Bernardino County Flood Control District Act authorizes the San Bernardino County Flood Control District (DISTRICT) to contract with CITY for the maintenance, construction, or repair of CITY flood control facilities, access roads, and related appurtenances (each such type of work hereinafter referred to as CONTRACT WORK) within CITY’s jurisdiction if the CITY’s legislative body determines that it is necessary for the more efficient maintenance and repair of said facilities, access roads, and appurtenances; and
WHEREAS, DISTRICT and CITY are sometimes individually referred to in this Agreement as PARTY and collectively referred to as PARTIES; and
Page 1 of 8 WHEREAS, the CITY’s legislative body finds it necessary for the more efficient maintenance and repair of its flood control facilities, access roads, and related appurtenances to contract with DISTRICT for DISTRICT to sometimes perform said work, including but not limited to EMERGENCY WORK (as defined below), on CITY’s flood control facilities, access roads, and related appurtenances (DISTRICT CONTRACT WORK); and
WHEREAS, DISTRICT CONTRACT WORK will be performed by DISTRICT staff and/or DISTRICT contractors; and
WHEREAS, DISTRICT CONTRACT WORK will not exceed $45,000 per project and CITY will reimburse DISTRICT for all costs incurred by DISTRICT in performing such DISTRICT CONTRACT WORK requested by CITY and completed by DISTRICT; and
WHEREAS, the San Bernardino County Flood Control District Act also authorizes DISTRICT to contract with CITY for CITY to perform maintenance, construction, or repair of DISTRICT flood control facilities, access road, and related appurtenances (each such type of work hereinafter referred to as CONTRACT WORK) within CITY’s sphere of influence as defined by the San Bernardino County Local Agency Formation Commission (CITY’s SPHERE); and
WHEREAS, DISTRICT finds it necessary for the more efficient maintenance and repair of its flood control facilities, access roads, and related appurtenances to contract with CITY for CITY to sometimes perform said work, including but not limited to EMERGENCY WORK (as defined in the Agreement below), on DISTRICT’s flood control facilities, access roads, and related appurtenances located within CITY’s SPHERE (CITY CONTRACT WORK); and
WHEREAS, CITY CONTRACT WORK will be performed by CITY staff and/or CITY contractors; and
WHEREAS, CITY CONTRACT WORK will not exceed $45,000 per project and DISTRICT will reimburse CITY for all costs incurred by CITY in performing CITY CONTRACT WORK as requested by DISTRICT and completed by CITY; and
WHEREAS, DISTRICT and CITY desire to set forth their respective responsibilities and obligations as they pertain to the work described in this Agreement.
NOW, THEREFORE, DISTRICT AND CITY MUTUALLY AGREED AS FOLLOWS:
SECTION I
1.0 For DISTRICT CONTRACT WORK provided to CITY:
DISTRICT AGREES TO:
1.1 Schedule requested DISTRICT CONTRACT WORK upon receipt of a written “Notice to Proceed” from CITY and to provide to CITY a schedule of work days anticipated for the DISTRICT CONTRACT WORK for CITY’s concurrence. DISTRICT, through its designated, authorized representative identified in Paragraph 3.5.2 and in its sole discretion, shall decide whether to approve or disapprove an individual Notice to Proceed and provide specific services to CITY.
1.2 Utilize DISTRICT’s Department of Public Works labor force or contractors in providing services under this Agreement.
1.3 Obtain a no-cost permit from CITY for any DISTRICT CONTRACT WORK to be performed within CITY’s right-of-way.
01180.0006/283611.1 Page 2 of 8 1.4 Upon completion of each individual DISTRICT CONTRACT WORK assignment, submit to CITY an itemized accounting of actual DISTRICT CONTRACT WORK costs incurred by DISTRICT and an invoice for any related costs.
1.5 DISTRICT shall require all contractors and vendors providing DISTRICT CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES. Except for Workers' Compensation, Errors and Omissions and Professional Liability policies, DISTRICT shall require and ensure that all DISTRICT contractors performing DISTRICT CONTRACT WORK shall have insurance policies that contain endorsements naming the CITY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the CITY to vicarious liability but shall allow coverage for the CITY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85
1.6 Enforce DISTRICT’s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages
CITY AGREES TO:
1.7 Provide DISTRICT a written Notice to Proceed for any authorized work requested by CITY.
1.8 Provide a no-cost permit to DISTRICT for its work within CITY's right-of-way.
1.9 After DISTRICT completes each individual DISTRICT CONTRACT WORK assignment and submits an itemized accounting of actual DISTRICT CONTRACT WORK costs incurred by DISTRICT along with an invoice, to reimburse DISTRICT for DISTRICT CONTRACT WORK costs within sixty (60) days after receipt of invoice.
1.10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the DISTRICT CONTRACT WORK with the DISTRICT.
1.11 Comply with any applicable California Environmental Quality Act (CEQA) requirements as well as completing any required CEQA documents.
SECTION II
2.0 FOR CITY CONTRACT WORK PROVIDED TO DISTRICT:
CITY AGREES TO:
2.1 Schedule the requested CITY CONTRACT WORK upon receipt of a written “Notice to Proceed” from the DISTRICT and provide to DISTRICT a schedule of work days anticipated for the CITY CONTRACT WORK for DISTRICT’s concurrence. CITY, through its designated, authorized representative identified in Paragraph 3.5.2 and in its sole discretion, shall decide whether to approve or disapprove an individual Notice to Proceed and provide specific services to DISTRICT.
2.2 Utilize CITY's labor force or contractors in providing services under this Agreement.
2.3 Obtain a no-cost permit from DISTRICT for any CITY CONTRACT WORK within DISTRICT’s right- of-way.
01180.0006/283611.1 Page 3 of 8 2.4 Upon completion of each CITY CONTRACT WORK assignment, submit to DISTRICT an itemized accounting of CITY CONTRACT WORK costs incurred by CITY and an invoice for any related costs.
2.5 CITY shall require all contractors and vendors providing CITY CONTRACT WORK to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES. Except for Workers' Compensation, Errors and Omissions and Professional Liability policies, CITY shall require and ensure that all CITY contractors performing CITY CONTRACT WORK shall have insurance policies that contain endorsements naming the COUNTY and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
2.6 Enforce CITY’s contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages.
DISTRICT AGREES TO:
2.7 Provide CITY a written Notice to Proceed for any authorized work requested by DISTRICT.
2.8 Provide a no-cost permit to CITY for its work within DISTRICT’s right-of-way.
2.9 After CITY completes each individual CITY CONTRACT WORK assignment and submits an itemized accounting of actual CITY CONTRACT WORK costs incurred by CITY, along with an invoice, to reimburse CITY for CITY CONTRACT WORK costs within sixty (60) days after receipt of invoice.
2.10 Provide a qualified representative who shall have the authority to discuss and attempt to resolve any issues or disputes which may arise concerning the CITY CONTRACT WORK with the CITY.
2.11 Comply with any applicable CEQA requirements as well as completing any required CEQA documents.
SECTION III
3.0 IT IS MUTUALLY AGREED:
3.1 DISTRICT CONTRACT WORK and CITY CONTRACT WORK may include, but shall not be limited to: maintenance or emergency repair of flood control facilities, access road, and related appurtenances, as well as providing heavy equipment for storm debris cleanup, repair of fencing, minor basin excavation and facility repair, culvert repair, and miscellaneous drainage repairs.
3.2 The cost any individual project performed as DISTRICT CONTRACT WORK or CITY CONTRACT WORK shall not exceed forty-five thousand dollars ($45,000).
3.3 The total cost for all work performed pursuant to Section 1.0 shall not exceed one hundred thousand dollars ($100,000) per fiscal year, absent a prior written amendment to this Agreement. The total cost for all work performed pursuant to Section 2.0 shall not exceed one hundred thousand dollars ($100,000) per fiscal year, absent a prior written amendment to this Agreement.
3.4 CITY or DISTRICT is only responsible to provide the CONTRACT WORK of facilities identified in the Notice to Proceed from the requesting party (CITY or DISTRICT) and agreed to by the party performing the work (CITY or DISTRICT). After completion of CONTRACT WORK on any particular facility, the requesting party (CITY or DISTRICT) shall be responsible for all future maintenance and
01180.0006/283611.1 Page 4 of 8 repair work, unless the party performing the work (CITY or DISTRICT) receives a future request to provide additional CONTRACT WORK under this Agreement, followed by an approval of a written Notice to Proceed.
3.5 The requesting party (CITY or DISTRICT) shall prepare and submit to the party performing the work (CITY or DISTRICT) a Notice to Proceed that outlines the work requested within the scope and budget limitations of this Agreement.
3.5.1 The Notice to Proceed shall include the location of such work (i.e., the flood control facility or facilities and/or or access road(s)), the scope of the work, the requested schedule, the level of service required (if necessary), and other pertinent terms and details for the project within the scope of this Agreement.
3.5.2 The DISTRICT Chief Flood Control Engineer or Interim Chief Flood Control Engineer and the CITY Director of Public Works/City Engineer shall each have the authority to provide estimates and approve CONTRACT WORK projects up to $45,000 per project, subject to the overall annual maximum amount of $100,000 per party specified in Section 3.3, above.
3.5.3 The party requested to perform the work shall provide cost estimates and project schedules for review by the requesting party using Board of Supervisors (BOARD)/ City Council (COUNCIL) approved labor and equipment rates that include fringe and overhead for actual employee classifications, Department equipment rates that will recover the depreciation expenses and the maintenance and repair cost of the equipment used for the proposed work assignment and estimated material costs. If requested, the estimate of cost will be provided to the requesting party prior to the commencement of work.
3.5.4 Neither party is required to perform work tasks under this Agreement and each party’s representative identified in Paragraph 3.5.2 may decline to perform the requested work in his or her sole discretion.
3.6 Notwithstanding any provision herein to the contrary, the first invoice submitted by each Party to the other Party hereunder shall not be submitted until such time as funds due the requesting Party exceed, in the aggregate for that fiscal year up to that time, twenty-five thousand dollars ($25,000). Each Party shall make a good faith effort to submit invoices to the other Party for CONTRACT WORK performed up to that time within each fiscal year no later than April 30. The term “fiscal year” as used in this Agreement shall mean July 1 through June 30 of each calendar year.
3.7 All of the DISTRICT’s revenues as defined below, have been pledged to secure the payment of the principal and interest on certain bonds and refunding bonds (Bonds) issued by the DISTRICT in May 2007. The pledge constitutes a first lien on the revenues for the payment of the Bonds. Any payments under this Agreement are subject to the prior pledge of revenues described above. DISTRICT payments pursuant to this Agreement will be made to the extent there are sufficient funds available after payment of the Bonds. For purposes of this paragraph, “revenues” shall mean all income and revenue received by the DISTRICT from the operation or ownership of the flood and storm water control and conservation facilities (Flood Control System) of the DISTRICT (including but not limited to, all real and personal property, or any interest therein, and all additions, improvements, betterments and extensions thereto), determined in accordance with Generally Accepted Accounting Principles, including all ad valorem property taxes received by the DISTRICT pursuant to Article XIIIA of the Constitution of the State of California and Section 95 et seq. of the California Revenue and Taxation Code, all rents, royalties and license and permit fees and charges received by the DISTRICT, investment income and all other money howsoever derived by the DISTRICT from the operation or ownership of the Flood Control System or arising from the Flood Control System, but excluding (a) ad valorem property taxes levied to pay any voter approved general
01180.0006/283611.1 Page 5 of 8 obligation indebtedness of the DISTRICT, (b) assessments levied pursuant to Section 43-7 or Section 43-26.9 of the San Bernardino County Flood Control Act (Cal. Water Code App. Sect. 43-1 et seq.), and (c) grants, advances or contributions in aid of construction, except to the extent such grants are unrestricted and available for any expenditure of the DISTRICT.
4.0 IT IS FURTHER UNDERSTOOD AND AGREED:
4.1 The Effective Date of this Agreement shall be the first date on which the CITY’s Council and DISTRICT’s governing board (the San Bernardino County Flood Control District Board of Supervisors) have both approved the Agreement.
4.2 This Agreement shall terminate on June 30, 2025, except with respect to the indemnification obligations contained herein, which shall survive termination of this Agreement.
4.3 Insurance and Indemnification
4.3.1 DISTRICT and CITY are authorized self-insured or partially self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker's Compensation and warrant that through their respective programs of self-insurance and insurance, they have adequate coverage or resources to protect against liabilities arising out of performance of the terms, conditions or obligations of this Agreement.
4.3.2 Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of DISTRICT or its contractors under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of DISTRICT under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, DISTRICT shall fully indemnify, defend and hold CITY harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of DISTRICT or its contractors under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of DISTRICT under this Agreement.
4.3.3 Neither DISTRICT nor any officer or employee of DISTRICT shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code, Section 895.4, CITY shall fully indemnify, defend and hold DISTRICT harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of CITY or its contractors under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of CITY under this Agreement.
4.3.4 In the event DISTRICT and/or CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this Agreement, DISTRICT and/or CITY shall indemnify the other to the extent of its comparative fault.
4.3.5 CITY and DISTRICT agree to waive all rights of subrogation against each other.
4.4 All notices, approvals, consents or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:
01180.0006/283611.1 Page 6 of 8 City of Big Bear Lake San Bernardino County Flood Control District PO BOX 10000 825 E. 3rd Street 39707 Big Bear Blvd San Bernardino, CA 92415-0835 Big Bear Lake, CA 92315 Attn: Chief Flood Control Engineer Attn: City Engineer
4.5 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
4.6 This Agreement shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purposes of this Agreement are frustrated. Any dispute or action to enforce any obligation under this Agreement shall be filed and resolved in the appropriate Superior Court in the County of San Bernardino, California. In the event of litigation arising from this Agreement, each party to the Agreement shall bear its own costs, including attorney’s fees. This provision concerning costs shall not apply to costs or attorney’s fees relative to paragraphs 4.3.
4.7 This Agreement contains the entire Agreement of the Parties with respect to subject matter hereof, and supersedes all other prior negotiations, understandings or contracts. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by CITY and DISTRICT.
4.8 This Agreement may be terminated, with or without cause, by either CITY or DISTRICT upon thirty (30) days advance written notice by the party wishing to terminate, provided however, that any such cancellation shall not be effective as to any existing obligations pursuant to any CONTRACT WORK authorized prior to notice of cancellation. In the event of cancellation as provided herein, all CONTRACT WORK costs incurred and required to be paid by either of the Parties prior to the effective date of cancellation shall be paid by the Parties in the same proportion to their contribution for the CONTRACT WORK.
4.9 This Agreement may be signed in counterparts, each of which shall constitute an original
4.10 This Agreement shall inure to the benefit of and to be binding upon the successors and assigns both Parties.
WITNESS WHEREOF, this Agreement, has been fully executed on behalf of DISTRICT and CITY by their duly authorized representatives.
Standard Contract Page 1 of 8 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT CITY OF BIG BEAR LAKE (Print or type name of corporation, company, contractor, etc.)
By Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink)
Dated: Name Frank Rush, Jr. SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Title City Manager Lynna Monell, Clerk of the Board (Print or Type)
By Dated: Deputy
Address 39707 Big Bear Blvd, PO Box 10000 [JH1] Big Bear Lake, CA 92315
ATTEST:
By
Erica Stephenson
City Clerk
APPROVED AS TO FORM:
By
Stephen Deitsch
City Attorney
FOR COUNTY USE ONLY Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by District
Sophie A. Akins, County Counsel Mohammad Ali, P.E., Chief Contracts Brendon Biggs, Interim Chief Flood Control Engineer
Date Date Date
Revised 7/15/19 Page 2 of 8
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager John Harris, Director of Development Services
SUBJECT: Resolution of the City Council of the City of Big Bear Lake Authorizing Execution of a Construction Contract with Robotic Sewer Solutions, Inc. for Phase 1 of the Inflow and Infiltration Reduction Project
ACTION TO BE CONSIDERED
The attached resolution formally authorizes execution of a construction contract with Robotic Sewer Solutions, Inc., La Crescenta, CA for Phase 1 of the Inflow and Infiltration Reduction Project in the amount of $103,750, and finds the project exempt from the California Environmental Quality Act.
The project will seal approximately 100 service lateral connections in the City’s wastewater collection system on Mountainaire Lane, Georgia Street, Conklin Road, Lahontan Drive, and Eureka Drive this summer, thereby reducing inflow and infiltration.
BACKGROUND
Water, other than sanitary sewer flows, entering the sewer collection system is referred to as Inflow and Infiltration (I&I). Damaged pipes and lateral connections, cross-connections, and un-capped surface clean-outs allow ground water and surface water to enter the collection system. This I&I decreases capacity within the sanitary sewer collection system and over-burdens sewer pumps. It also increases wastewater treatment costs significantly. Connections between sanitary sewer laterals and mainlines, known as Service Lateral Connections (SLCs), are prone to separation, potentially introducing I&I to the collection system.
DISCUSSION
We have developed a multi-year project to reduce I&I at SLCs. I&I is reduced by rehabilitating SLCs through a cost-effective process known as “Top Hat” pipe lining. A resin-impregnated, fiberglass laminate is shaped to fit within each SLC and seals against the mainline interior surface. An epoxy compound added to the resin creates a watertight seal and eliminates infiltration typically caused by tree roots that have grown through SLC pipe joints. This process is completed within the mainline pipes, eliminating surface trenching and costly street repairs. After SLC surface preparation, each “Top Hat” liner is installed in less than fifteen (15) minutes.
The Inflow and Infiltration Reduction Project will be completed in five (5) annual phases. Each year, approximately 100 SLCs within a portion of the sanitary sewer collection system will be rehabilitated. Anticipated costs for each project phase will be included in the annual City Operating Budget. We bid this work as a single project, and annual phases will only be authorized after the City Council has adopted the annual budget. The planned project schedule is detailed below:
Phase 1 (FY 2019-20) Mountainaire Lane Georgia Street Conklin Road Lahontan Drive Eureka Drive
Phase 2 (FY 2020-21) Brownie Ln. Mc Whinney Ln. Comstock Ln.
Phase 3 (FY 2021-22) Georgia St. Easement Private Road Red Oak Red Oak Easement Knight Ave. Knight Ave. Easement Main Easement Carter Ln. Modesto Ln Merced Ave.
Phase 4 (FY 2022-23) Foothill Ln. Marin Rd. School St. School St. Easement Summit Ln Summit Ln Easement Berkley Ln. Main St.
Phase 5 (FY 2023-24) Pine Knot Ave. Stone Rd. Pedder Rd. Cameron Dr. Beaver Ln. Easement Village Dr. Cottage Ln. easement
The Phase 1 improvements were anticipated and included in the FY 2019-20 budget. City Council authorized issuance of an Invitation for Bids for the project on November 25, 2019. The following bids were received within the submittal deadline:
BASE BID PRICE PHASE 1 (FY 2019/20) COMPANY NAME LOCATION (Phases 1-5) BID PRICE Robotic Sewer Solutions, Inc La Crescenta $ 546,750.00 $103,750.00 Express Sewer & Drain Rancho Cordova $ 626,917.00 $113,930.00 Southwest Pipeline Torrance $ 705,000.00 $128,000.00 Norcal Pipeline Services W. Sac & LB $ 1,908,555.00 $361,455.00
Robotic Sewer Solutions, Inc. submitted the lowest responsive base bid. Robotic Sewer has nineteen (19) years of Top Hat lateral connection sealing experience.
FISCAL IMPACT
The Fiscal Year 2019-20 Sanitation Infrastructure Capital Improvement Budget includes $200,000 for this project. The Robotic Sewer Solutions, Inc. Phase 1 bid price of $103,750 is approximately ninety-three percent (93%) below the authorized budget.
ENVIRONMENTAL CONSIDERATION
This project is categorically exempt from the California Environmental Quality Act because it involves the repair, maintenance, or minor alteration of existing public facilities, with no expansion of use beyond that currently existing.
RECOMMENDATIONS
We recommend that Council approve a resolution of the City Council of the City of Big Bear Lake authorizing execution of a construction contract with Robotic Sewer Solutions, Inc. for Phase 1 of the Inflow and Infiltration Reduction Project in an amount not to exceed $103,750, and find the project exempt from the California Environmental Quality Act.
Attachments: 1. Resolution No. 2020-XX 2. CEQA Notice of Exemption 3. Top Hat Illustration 4. Project Phasing Map
ATTACHMENT 1
RESOLUTION NO. 2020-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH ROBOTIC SEWER SOLUTIONS, INC. FOR PHASE 1 OF THE INFLOW AND INFILTRATION REDUCTION PROJECT
WHEREAS, the City of Big Bear Lake operates and maintains the sanitary sewer collection system within the City limits; and,
WHEREAS, Big Bear Area Regional Wastewater Agency (BBARWA) provides sanitary sewer treatment for the Big Bear Valley, including Big Bear Lake; and,
WHEREAS, the financial impact to the City of Big Bear Lake for wastewater treatment services increases proportionally with the volume of wastewater entering the BBARWA facility; and,
WHEREAS, non-sanitary sewer inflow and infiltration into the sanitary sewer collection system significantly increases the volume of wastewater entering the BBARWA facility; and,
WHEREAS, the City of Big Bear Lake desires to reduce wastewater treatment expenditures by reducing inflow and infiltration into the sanitary sewer collection system to the maximum extent practicable; and,
WHEREAS, the Fiscal Year 2019-20 Sanitation Infrastructure Capital Improvement Budget includes $200,000 for construction of the Inflow and Infiltration Reduction Project;
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. That the Inflow and Infiltration Reduction Project is categorically exempt from the California Environmental Quality Act.
2. That the City Manager or his duly authorized representative shall execute a Construction Contract with Robotic Sewer Solutions, Inc. for Phase 1 of the Inflow and Infiltration Reduction Project in an amount not to exceed $103,750.
3. That an expenditure of $103,750 from the Fiscal Year 2019-20 Sanitation Infrastructure Capital Improvement Budget is authorized to fund this project.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2020.
AYES: NOES: ABSTAIN: EXCUSED:
Rick Herrick, Mayor
ATTEST:
Erica Stephenson City Clerk
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2020-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 27th day of April, 2020 and that the same was so passed and adopted by the following vote:
AYES: NOES: ABSTAIN: EXCUSED:
Erica Stephenson, City Clerk
ATTACHMENT 2
ATTACHMENT 3
Top Hat Illustration
ATTACHMENT 4
Inflow and Infiltration Reduction Project Phase 1 Location Map
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager John Harris, Director of Development Services
SUBJECT: Resolution of the City Council of the City of Big Bear Lake Authorizing Execution of a Construction Contract with Clemmer Services, Inc. to Complete Heating/Ventilation/Air Conditioner Improvements at the Animal Shelter Facility
ACTION TO BE CONSIDERED
The attached resolution formally awards a contract to Clemmer Services, Inc, Barstow, CA for HVAC improvements at the City-owned Animal Shelter Facility. The total amount of the contract is $49,516, and sufficient funds are included in the FY 2019-20 budget.
The project is consistent with the terms of the City’s agreement with San Bernardino County, whereby the City provides the facility at no cost and the County provides animal control services for the City of Big Bear Lake.
BACKGROUND
On November 1, 2018 the City entered into a new fifteen (15) year lease agreement with the County of San Bernardino for their use of the Animal Shelter facility located at 42080 North Shore Drive. The new lease agreement requires specific exterior and interior building improvements that the City is obligated to perform as the Landlord.
All required exterior improvements have been completed. Plans and specifications for the interior improvements have been developed and include the following:
1. Remove and replace damaged interior floor and wall finishes; 2. Repair, replace, or remove exterior personnel and roll-up doors; 3. Remove and replace electrical switches and outlets; 4. Remove inefficient light fixtures and replace with high efficiency light fixtures; 5. Remove wall-mounted and suspended heating units and install new dual-zone central heating and air conditioning systems; 6. Remove and replace broken and malfunctioning window assemblies; 7. Install mechanical ventilation system within the kennel area; 8. Remove and replace public service area cabinets and counter with ADA compliant components; and 9. Prepare and paint all interior walls and ceilings.
This project will significantly improve the interior of a City-owned public facility and will satisfy the building improvement conditions identified it the new lease agreement.
On August 26, 2019, City Council authorized an advertisement to solicit bids for the interior improvements. This solicitation was advertised on October 8, 2019 and the bid submittal deadline was October 17, 2019. Although local contractors participated in the pre-bid site visit and initially expressed interest in the project, we received no bids from this solicitation. Therefore, we have determined that contracting for individual interior improvement elements is the most efficient method for completing this project. City staff will provide overall project management.
DISCUSSION
The most critical element required by the San Bernardino County Animal Control Department is upgrading the heating, ventilation, and air conditioning (HVAC) systems of the facility. Currently, restroom water pipes freeze during the winter, and the kennel areas are excessively hot and humid during the summer. No local licensed HVAC contractors are available to complete the HVAC improvements, citing personnel, capacity, and prevailing wage issues. Therefore, we contacted licensed HVAC contractors from Inland Empire and High Desert areas. Only Clemmer Services, Inc. responded to our solicitation.
Clemmer Services, Inc. recently completed HVAC system installations and upgrades to the Apple Valley Animal Shelter and Fort Irwin military installation animal facility. They have been in business for many years and are highly recommend from general contractors in the High Desert area. Clemmer Services, Inc. is licensed by the Department of Industrial Relations (DIR) as a Public Works Contractor, carries the required California State Licensing Board C-29 classification, and is familiar with prevailing wage project requirements. The Clemmer Services, Inc. bid to provide all labor, equipment, and materials for the HVAC improvements is $49,516. Ancillary electrical improvements are required for the HVAC improvements, and will be completed by a licensed electrician. We estimate the cost to complete this work will not exceed $8,000, and are actively soliciting construction bids from local licensed electrical contractors. Authorization for the electrical work will be under a separate contract. These project elements are anticipated to be completed before the summer, and we will coordinate construction activities with the Animal Control staff to minimize operational impacts.
FISCAL IMPACT
There are sufficient funds included in the FY 2019-20 budget for the proposed HVAC improvements.
ENVIRONMENTAL CONSIDERATION
This project is categorically exempt from the California Environmental Quality Act because it involves the repair, maintenance, or minor alteration of an existing public facility, with no expansion of use beyond that currently existing.
RECOMMENDATIONS
We recommend that Council approve a resolution of the City Council of the City of Big Bear Lake authorizing execution of a construction contract with Clemmer Services, Inc. in an amount not to exceed $49,516, waiving additional solicitations for the Animal Shelter HVAC and electrical interior improvements, and finding the project exempt from the California Environmental Quality Act.
Attachments: 1. Resolution No. 2020-XX 2. CEQA Notice of Exemption 3. Clemmer Services, Inc. Proposal
ATTACHMENT 1
RESOLUTION NO. 2020-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH CLEMMER SERVICES, INC. TO COMPLETE HEATING/VENTILATION/AIR CONDITIONING IMPROVEMENTS AT THE ANIMAL SHELTER FACILITY
WHEREAS, the City of Big Bear Lake (City) owns and maintains a facility located at 42080 North Shore Drive; and,
WHEREAS, the City originally executed a no-fee lease of this facility to San Bernardino County in 1985 in exchange for Animal Control services; and,
WHEREAS, the City and San Bernardino County renewed this facility lease on November 1, 2018 for an additional fifteen (15) years; and,
WHEREAS, the renewed lease agreement requires the City to complete various interior and exterior facility improvements; and,
WHEREAS, all exterior improvements have been completed; and,
WHEREAS, a solicitation to complete all interior improvements was issued in October 2019 and no bids were received; and,
WHEREAS, the interior improvements may be efficiently completed by contracting for individual project elements; and,
WHEREAS, Clemmer Services, Inc. submitted a responsive bid to complete the required heating/ventilation/air conditioner (HVAC) improvements for a price not to exceed $49,516; and,
WHEREAS, these improvements are included in the Fiscal Year 2019/20 City budget;
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. That the Animal Shelter Facility HVAC improvements are categorically exempt from the California Environmental Quality Act.
2. That the City Manager or his duly authorized representative shall execute a Construction Contract with Clemmer Services, Inc., Barstow, CA, for the Animal Shelter Facility HVAC improvements in an amount not to exceed $49,516.
3. That an expenditure of $49,516 from the Fiscal Year 2019/20 Capital Projects Budget is authorized to fund this project.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2020.
AYES: NOES: ABSTAIN: EXCUSED:
Rick Herrick, Mayor
ATTEST:
Erica Stephenson City Clerk
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2020-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 27th day of April, 2020 and that the same was so passed and adopted by the following vote:
AYES: NOES: ABSTAIN: EXCUSED:
Erica Stephenson, City Clerk
ATTACHMENT 2
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Director of Development Services County of San Bernardino City of Big Bear Lake 385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000 San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900
Project Title: A Resolution of the City Council of the City of Big Bear Lake Authorizing Execution of a Construction Contract with Clemmer Services, Inc. to Complete Heating/Ventilation/Air Conditioner Improvements at the Animal Shelter Facility
Project Location - Specific: Citywide
Description of Project: Replacement of Heating/Ventilation/Air Conditioning at an existing City facility
Name of Public Agency Approving Project: City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project: City of Big Bear Lake, Director of Development Services
Exempt Status: (check one) (State type and section number) XX CategoricallyExempt Section: 15301
Reasons why project is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The key consideration is whether the project involves negligible or no expansion of use.
LeadAgencyorContactPerson: AreaCode/Telephone/Extension JohnHarris,DirectorofDevelopmentServices (909)866-5831
Date: April 27, 2020
Signature:
______John Harris Director of Development Services
ATTACHMENT 3
Clemmer Services Inc Phone: (760) 256-7058 200 N second Ave Fax: (760) 256-2719 Barstow, CA 92311 [email protected] Clemmerservicesinc.com
Bill to Ship to City of Big Bear Lake City of Big Bear Lake 42080 North Shore Dr. 42080 North Shore Dr. Big Bear Lake CA 92314 Big Bear Lake CA 92314
Quote Q1786
Item Description Quantity Price Amount desc Estimate to install 1-3 ton Amana 16 1 $49,516.00 $49,516.00 SEER 2 Stage 95% FAU split system and 1- 4 ton Amana 16 SEER 2 stage 95% FAU split system to Humane Society building. Includes equipment, exposed spiral duct system, unit locations per discussion on job walk, fresh air hoods horizontally terminated, exhaust fans (kennel area, cat room, and dog room), equipment rentals, removal of existing equipment, roof curbs for exhaust fans, Title 24 testing, crane lift, labor and all other materials needed to complete installation. DIR# 1000023453 *Job bid at prevailing wage* *Estimated job time 5 days/2 crews* desc *Costs not included* 1 $0.00 $0.00
Roof sealing at penetrations Wall sealing at penetrations
Page 1 of 1
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager John Harris, Director of Development Services
SUBJECT: Resolution of the City Council of the City of Big Bear Lake Adopting a List of Projects for Fiscal Year 2020-21 Funded by SB 1: The Road Repair and Accountability Act of 2017
ACTION TO BE CONSIDERED
The attached resolution formally adopts a list of potential projects for Fiscal Year 2020-21 eligible to be funded by SB 1: The Road Repair and Accountability Act of 2017. The City expects to receive a total of $103,141 in SB 1 funding next year, and these funds will be supplemented by other City funding sources to rehabilitate a portion of the street segments on the attached list.
BACKGROUND
On August 16, 2017, the California Transportation Commission (CTC) adopted annual reporting guidelines for the distribution of 2017 Local Streets and Roads Funding. This funding program is detailed in the Road Repair and Accountability Act of 2017 (SB 1). This Act was passed by the California Legislature and signed into law by the Governor to address the significant multi-modal transportation funding shortfalls statewide. The SB 1 funds are distributed to California municipalities and transportation agencies annually to construct new, and maintain existing streets and roads. This distribution of funds is contingent on recipients submitting a list of funded projects each year.
DISCUSSION
On January 29, 2020, we received notice that the deadline for submission of Fiscal Year 2020-21 project lists to the CTC is May 1, 2020. Additionally, the guidance states:
"Prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from the California State Controller in a fiscal year, a city or county must submit to the Commission an adopted list of projects proposed to be funded with these funds by May 1st of each year. All projects proposed to receive the fiscal year funding must be adopted by resolution (public record of the action taken) by the applicable city council or county board of supervisors at a regular public meeting each fiscal year [Streets and Highways Code (SHC) Section 2034(a)(1)].
The capital improvement and maintenance projects identified in the Measure I Five-Year Capital Improvement Plan 2020-21 to 2024-25 are eligible to receive RMRA funds as a supplemental funding source, and submitting the required documents to the CTC prior to the May 1, 2020 deadline and including the Local Streets and Roads Program Project List in the Fiscal Year 2020- 21 adopted budget to distribute RMRA funds to the projects identified in the attached plan allows the City to receive it’s apportionment of SB 1 funding.
FISCAL IMPACT
The proposed budget for Fiscal Year 2020-21 includes the receipt and appropriation of RMRA funds estimated to be $103,141. These funds will be supplemented by other City funding sources in the Fiscal Year 2020-21 budget, and we expect to include a total of approximately $800,000 - $1 million for street rehabilitation next fiscal year.
City Council should note that we do not expect to have sufficient funding in the Fiscal Year 2020- 21 budget to complete all street segments included on the attached list, however, the attached list will satisfy applicable State requirements.
RECOMMENDATIONS
We recommend that Council approve a resolution of the City Council of the City of Big Bear Lake approving the Local Streets and Roads Program Project List itemizing the capital improvement and maintenance projects proposed to receive RMRA funds, include the Local Streets and Roads Program Project List in the Fiscal Year 2020-21 Annual Operating Budget, authorize appropriated RMRA funds to be allocated to the projects identified in the Local Streets and Roads Program Project List, and authorize staff to submit the Local Streets and Roads Program Project List to the CTC by May 1, 2020.
Attachments: 1. Resolution No. 2020-XX 2. Local Streets and Roads Program Project List
ATTACHMENT 1
RESOLUTION NO. 2020-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2020-21 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and,
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Big Bear Lake are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and,
WHEREAS, the City of Big Bear Lake must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and,
WHEREAS, this is the fourth year in which the City of Big Bear Lake is receiving SB 1 funding and will enable the City of Big Bear Lake to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1;
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. That the Local Streets and Roads Program Project List itemizing the capital improvement and maintenance projects proposed to receive RMRA funds is hereby approved; and,
2. That the Local Streets and Roads Program Project List shall be included in the Fiscal Year 2020-21 annual operating budget and that the appropriated RMRA funds shall be allocated to the projects identified in the Local Streets and Roads Program Project List; and,
3. That the City Manager or his duly authorized representative shall submit the Local Streets and Roads Program Project List to the California Transportation Commission by May 1, 2020.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2020.
AYES: NOES: ABSTAIN: EXCUSED:
Rick Herrick, Mayor
ATTEST:
Erica Stephenson City Clerk
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2020-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 27th day of April, 2020 and that the same was so passed and adopted by the following vote:
AYES: NOES: ABSTAIN: EXCUSED:
Erica Stephenson, City Clerk
ATTACHMENT 2
Part 2: Project Information Local Streets and Roads Program * Required
Additional Project Elements (Does the project include element(s) as described in SHC s i a e s f l Lf *siae Completion Date * Estimated Useful Life*Estimated Project Type Legislative District(s) 2030 (c) -(f) ? (select Y/N from dropdown list) Proposed Project ID LoCode * Project Title * Project Description * Project Location Project (PP#) (if any) Complete State Climate Description of Pre-Con Construction Min Max Type Explanation State Assembly Sustainability Technologies Streets Senate Change Elements Elements
Lagunita Lane - Lakeview Drive to End; Francis Way - Lagunita Lane to End; Moonridge Road - Sheephorn Road to End; Sahuaro Way - Monterey Street to Villa Grove Avenue; Conifer Drive - Alta Vista Avenue full depth reconstruction to End; Fox Drive - Constellation to Avalon; Plymouth Road - Tehama PP01 5426 FY 20/21 Street Improvements of local streets and cape July-20 July-21 10 25 Drive to End; Garstin Drive - Big Bear Boulevard to End; Gibralter Road - seal Lakeview Drive to End; Gibralter Landing - Lakeview Drive to End; Siskiyou Drive - Shasta Road to Lassen Drive; Shasta Lane - Shasta Road to End; Shasta Court - Shasta Road to End
Moonridge Road - Big Bear Boulevard to Elm Street ; Blue Jay Road - Big full depth reconstruction Bear Boulevard to Waterview Drive; Clubview Drive - Moonridge Road to PP02 5426 FY 21/22 Street Improvements** of local streets and cape July-21 July-22 10 25 Goldmine Drive; Village Drive - Pine Knot Avenue to Knickerbocker Road; seal Pennsylvania Avenue - Knickerbocker Road to Jeffries Road
Moonridge Way - Big Bear Boulevard to Moonridge Road; Summit Boulevard - Big Bear Boulevard to South End; North Bay Drive - Chipmunk Lane to Woodland Way; Oak Street - Jeffries Road to Eureka full depth reconstruction Drive; Bay View Lane - Catbird Lane to Hillside Trail; Wren Drive - Big PP03 5426 FY 22/23 Street Improvements** of local street and cape July-22 July-23 10 25 Bear Boulevard to Park Avenue; Canvasback Road - Lakeview Drive to seal Forest Road; Point Road - Lake Drive to End; St. Anton Court - Brownie Lane to End; Stone Road - Pine Knot Avenue to Knickerbocker Road; Wren Drive - Park Avenue to Swan Drive
Andrew Lane - Cameron Drive to End; Berkley Road - Marin Road to End; Boulder Road - Big Bear Boulevard to North Cul-De-Sac; Chalet Lane - Summit Boulevard to End; Meadow View Drive - Marina Point to Marina Point; Paine Court - Big Bear Boulevard to End; Quail Run Drive - Paine full depth reconstruction Road to End; Snake Dance Trail - Maryland Road to Sun God Place; St. PP04 5426 FY 23/24 Street Improvements I** July-23 July-24 10 25 of local streets Moritz Court - St. Moritz Drive to End; Sun God Lane - Snake Dance Trail to Great Spirits Way; Towhee Court - Tanager Drive to End; Aurora Road - Cienega Road to End; Bayview Road - Catbird Lane to End; Bluebird Court - Mockingbird Drive to End; Castella Lane - Canvasback Road to End; Catbird Lane - Willow Landing to North Bay Road
Chipowood Lane - Forest Road to Canvasback Road; Crescent Lane - Lart Trail to Lark Spur; Daisy Lane - Poppy Way to Delmar Drive; Dixie Lane - Sierra Avenue to End; Knoll Road - Lake Drive to Forest Road; Lark Spur - Lark Trail to end; Lark Trail - Big Bear Boulevard to Lark Spur; Lowe Drive - full depth reconstruction Big Bear Boulevard to Talbot Drive; Metcalf Lane - Big Bear Boulevard to PP05 5426 FY23/24StreetImprovementsII** July-23 July-24 10 25 of local streets Bayview Road; Moab Lane - Lark Spur to Lark Road; Pulaski Road - Waterview Drive to End; Rueda Lane - Big Bear Boulevard to Rayo Lane; Talmadge Road - Talmadge Spur to Lakeview Drive; Talmadge Spur - Talmadge Road to Spruce Road; Tayles Point Landing - Willow Landing to End; Vista Lane - Narrow Lane to Dream Street
63 Road - Big Bear Boulevard to Rueda Lane; Buffalo Trail - Siskiyou Drive to Shasta Road; Castlewood Road - Teakwood Drive to Stoney Creek Road; Cedar Avenue - Elm Street to Switzerland Drive; Constellation Drive - Crystal Lake Road to Fox Lane; Cottage Lane - Big Bear Boulevard to Beaver Lane; Crater Lake Road - Crystal Lake Road to End; Donez Way - full depth reconstruction PP06 5426 FY 24/25 Street Improvements I** Crystal Lake Road to End; Holiday Lane - Scandia Road to End; Lodgepole July-24 July-25 10 25 of local streets Place - Juniper Drive to Juniper Road; Mountain Lake Road - Fox Farm Road to Juniper Road; Pinion Place - Juniper Drive to End; Plymouth Road - Moonridge Road to Tehama Drive; Redwood Drive - Poplar Street to McAlister Road; Ruben Way - Crystal Lake Road to End; Snowcrest Drive - Scandia Road to Olympic Drive;
Tioga Drive - Santa Clara Boulevard to End; Tyrol Lane - Balboa Lane to full depth reconstruction PP07 5426 FY24/25StreetImprovementsII** End; Villa Grove Avenue - Butte Avenue to Sahuaro Way; Yosemite Drive July-24 July-25 10 25 of local streets - Teton Drive to Canyon Crest Drive
** These Projects are intended to be adopted for future Fiscal Year RMRA Funding Eligibility.
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager John Harris, Director of Development Services
SUBJECT: Resolution of the City Council of the City of Big Bear Lake Approving a Sewer Line Assessment Policy, Budget Amendment, and Authorizing Execution of a Construction Contract with Romans Construction Co. for the Bartlett Parking Lot Sanitary Sewer Collection Mainline Project
ACTION TO BE CONSIDERED
The attached resolution formally approves a budget amendment and award of a construction contract to Romans Construction Co., Big Bear Lake, CA, in the amount of $24,000 for the construction of a new sanitary sewer line adjacent to the Bartlett parking lot.
The resolution also establishes a sewer line assessment policy, whereby the adjacent properties that benefit from the construction of the new sewer line each contribute their pro-rata share of initial construction cost associated with the new line.
BACKGROUND
The Public Works Department maintains three hundred (300) miles of sanitary sewer collection lines and twelve (12) sanitary sewer lift stations to convey residential and commercial sewer to the Big Bear Area Regional Wastewater Agency. We manage and implement a responsible preventive maintenance program to protect public health, and reduce inflow and infiltration into the collection system. As needs for system improvements and expansions are identified, we plan and budget to meet the needs.
We recently learned that several businesses along the north side of Village Drive between Cottage Lane and Bartlett Road share an under-sized, failing private sewer lateral. Sanitary sewer service for each business will be compromised if any downstream user unintentionally blocks this shared line, or when the shared line completely collapses. Construction of separated private laterals is cost-prohibitive, and public utility easements to access the sanitary sewer collection system do not exist. In the interest of maintaining public health, we propose to construct a new City mainline along the south side of the Bartlett Parking Lot to provide individual businesses a cost-effective construction alternative if/when their sanitary sewer laterals fail.
DISCUSSION
Time is of the essence as we attempt to avoid a likely public health incident related to the failure of the existing sanitary sewer collection lateral. As such, we solicited price quotes from local sewer contractors to construct a new 195 linear foot sanitary sewer mainline across the south side of the Bartlett Parking Lot, and a manhole in Bartlett Road. The following table summarizes the results of our solicitation:
COMPANY LOCATION PRICE QUOTE Romans Construction Co. Big Bear Lake, CA $24,000 Bear Valley Paving Big Bear Lake, CA NO BID Mile High Equipment Big Bear Lake, CA $42,750
Romans Construction Co. (Romans) submitted the lowest responsive price quote and has successfully completed several construction projects similar in scope and size for the City. Romans is able to begin construction immediately, and anticipates the project will be complete in one (1) week. As per the attached resolution, property owners that use this mainline in the future will pay a pro rata share of the project construction cost, in addition to required connection fees, based on the linear feet of frontage for each parcel prior to use. Costs for each property owner at the time of connection are as follows:
APN NORTH P/L LINEAR PERCENTAGE OF PROJECT PRO FOOTAGE TOTAL RATA COST 0308-166-51 39’ 18.6 $4,460 0308-166-29 46’ 21.9 $5,256 0308-166-28 125’ 59.5 $14,280
We expect the owner of APN 0308-166-29, a new restaurant building on Village Drive, to connect to the new sewer line upon completion of construction. The two additional parcels will likely continue to rely on existing private sewer laterals until such time that these connections fail or redevelopment of the existing buildings occurs. These parcels will be charged the assessment fee indicated above at that time.
FISCAL IMPACT
This project was not anticipated when the Fiscal Year 2019-20 Operating Budget was developed. Construction of this project requires a $24,000 appropriation from the Sanitation Fund Balance, which will be recovered over time as businesses connect to this new mainline, including a total of $5,256 anticipated soon after completion of construction. As of June 30, 2019, the Sanitation Fund balance was in excess of $4.2 million.
ENVIRONMENTAL CONSIDERATION
This project is categorically exempt from environmental review pursuant to Section 15301 Class 1(b) California Environmental Quality Act. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
RECOMMENDATIONS
We recommend that Council approve a resolution of the City Council of the City of Big Bear Lake approving a sewer line assessment policy, amending the budget, authorizing execution of a Construction Contract to Romans Construction Co. for an amount not to exceed $24,000 for construction of a new sanitary sewer line adjacent to the Bartlett parking lot, and finding the project exempt from the California Environmental Quality Act.
Attachments: 1. Resolution No. 2020-XX 2. CEQA Notice of Exemption 3. Project Location Map 4. Romans Construction Co. Proposal 5. Mile High Equipment Proposal
ATTACHMENT 1
RESOLUTION NO. 2020-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA APPROVING A SEWER LINE ASSESSMENT POLICY, BUDGET AMENDMENT, AND AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH ROMANS CONSTRUCTION, CO, FOR THE BARTLETT PARKING LOT SANITARY SEWER COLLECTION MAINLINE PROJECT
WHEREAS, the City of Big Bear Lake operates and maintains the sanitary sewer collection system within the City limits; and,
WHEREAS, the City protects public health, safety, and welfare by improving and expanding the sanitary sewer collection system when necessary; and,
WHEREAS, construction of the Bartlett Parking Lot Sanitary Sewer Mainline Project will resolve a potential sanitary sewer overflow; and,
WHEREAS, there is a potential risk to public health, safety, and welfare associated with poorly maintained private sanitary sewer collection laterals; and,
WHEREAS, a poorly maintained private sanitary sewer collection lateral is currently shared by several properties along the north side of Village Drive between Cottage Lane and Bartlett Road; and,
WHEREAS, public utility easements do not currently exist to allow each of these properties to access the closest sanitary sewer collection mainline; and,
WHEREAS, this project was not anticipated when the Fiscal Year 2019-20 Operating Budget was developed; and,
WHEREAS, the cost to construct this project is $24,000; and
WHEREAS, total construction costs will ultimately be borne by adjacent property owners at the time of connection, via the levy of a special assessment based on the total frontage of the adjacent parcel,
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. The Bartlett Parking Lot Sanitary Sewer Collection Mainline Construction Project is exempt from the California Environmental Quality Act.
2. An appropriation and expenditure of $24,000 from the Sanitation Fund Balance is authorized for this project.
3. The City Manager or his duly authorized representative shall execute a Construction Contract with Romans Construction Co., Big Bear Lake, CA, in an amount not to exceed $24,000 for this project.
4. Parcels connecting to the new sewer line in the future will be assessed their pro rata share of this construction cost based on the total linear feet of frontage along the new sewer line, as follows:
APN NORTH P/L LINEAR % OF PROJECT PRO FOOTAGE TOTAL RATA COST 0308-166-51 39’ 18.6 $4,460 0308-166-29 46’ 21.9 $5,256 0308-166-28 125’ 59.5 $14,280
PASSED, APPROVED AND ADOPTED this 27th day of April, 2020.
AYES: NOES: ABSTAIN: EXCUSED:
Rick Herrick, Mayor
ATTEST:
Erica Stephenson City Clerk
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2020-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 27th day of April, 2020 and that the same was so passed and adopted by the following vote:
AYES: NOES: ABSTAIN: EXCUSED:
Erica Stephenson, City Clerk
ATTACHMENT 2
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Director of Development Services County of San Bernardino City of Big Bear Lake 385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000 San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900
Project Title: Bartlett Parking Lot Sanitary Sewer Collection Mainline Construction Project
Project Location - Specific: Bartlett Parking Lot – 647 Cottage Lane, Big Bear Lake, CA 92315
Description of Project: Construction of 195’ sanitary sewer collection mainline and one (1) manhole
Name of Public Agency Approving Project: City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project: City of Big Bear Lake, Director of Development Services
Exempt Status: (check one) (State type and section number) XX CategoricallyExempt Section: 15301(b)
Reasons why project is exempt: The Bartlett Parking Lot Sanitary Sewer Collection Mainline Construction Project is categorically exempt from environmental review pursuant to Section 15301 Class 1(b) California Environmental Quality Act. Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. Class 1(b) exemptions include the replacement and repair of existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services.
LeadAgencyorContactPerson: AreaCode/Telephone/Extension JohnHarris,DirectorofDevelopmentServices (909)866-5831
Date: April 27, 2020
Signature:
______John Harris Director of Development Services
ATTACHMENT 3
Bartlett Parking Lot Sanitary Sewer Collection Mainline Project
CO MH
125'
T T
39' 46' E
L
T
R A
0308-166-28 B
0308-166-51 0308-166-29
pPrEoNpNoSsYeLdV sAeNwIAer point proposed sewer main VILLAGE sewer points sewer main
Feet sewer lateral 0 12.5 25 50 75 100
ATTACHMENT 4
ATTACHMENT 5
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager Erica Stephenson, City Clerk
SUBJECT: Authorization - Letter to the United States Senate and House of Representatives Supporting Funding for the Land and Water Conservation Fund
ACTION TO BE CONSIDERED
Council consideration of submitting a letter to the United States Senate and House of Representatives requesting that Congress support full funding of the Land and Water Conservation Fund (LWCF), and include LWCF funding in any future Federal economic stimulus packages relating to the COVID-19 public health crisis.
BACKGROUND
The Mountain Pact organization reached out to the City earlier this month to request City Council’s support in their LWCF initiative. The Mountain Pact is a non-profit project that was founded in 2014, in an effort to educate, mobilize and empower outdoor recreation-based mountain towns around Federal policy related to climate, public lands, and outdoor recreation. This organization currently works with local elected officials in over 50 mountain communities from 11 western states. The Mountain Pact follows an “opt-in” strategy which means cities only need to participate in their policy efforts when they determine it is a good fit for their community. Currently, the Mountain Pact group is focused on working with these communities to gain support for their efforts in protecting full Federal funding of the LWCF.
The LWCF is a Federal fund, established in 1964 that was set up to invest in the conservation and preservation of public land and waters. It helps secure and enhance public access, conservation, ecosystem preservation, and outdoor recreation infrastructure in every state in America. Funding for the LWCF was originally approved for 25 years and then was reauthorized for an additional 25 years in 1990. Then in 2015, the funding was only approved for an additional 3 years and expired in September of 2018. In March 2019, after bipartisan support the President signed an Act that included extensive support for public lands, including permanent authorization of the LWCF, although it didn’t require full funding of this program.
DISCUSSION
Since 2018, the Mountain Pact has been active in its work with mountain communities and Congress in an effort to seek the Federal government’s continued and full funding of the LWCF. As previously stated, in 2019 the President signed an Act that did include permanent authorization of the LWCF, but didn’t require full funding. The attached letter that the Mountain Pact organization has requested the City send to Congress encourages the Congress to include full funding for the LWCF in their upcoming budget. It also includes a request for Congress to include funding for the LWCF in any of the Federal government’s future economic stimulus packages related to the COVID-19 crisis. These funds would be a way to help gateway communities, like Big Bear Lake, with outdoor recreation driven economies recover from the current crisis.
This initiative has already been supported by over 20 similar cities including the California mountain communities of Mammoth Lakes and South Lake Tahoe, and several other well-known resort communities in other western states such as Aspen, CO, Reno, NV, Bend, OR and Moab, UT.
FISCAL IMPACT
There is no fiscal impact related to the City Council submitting this letter to Congress. We are hopeful that the City of Big Bear Lake will benefit from future LWCF funding provided for beneficial projects in our area.
RECOMMENDATION
We recommend approval of the attached letter to Congress in an effort to encourage full funding of the LWCF and related funding in any future federal economic stimulus packages.
Attachments: 1. Letter Supporting Funding for the Land and Water Conservation Fund 2. Email from Anna Peterson, Executive Director, The Mountain Pact
ATTACHMENT 1
CITY OF BIG BEAR LAKE California
Office of the Mayor | 39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 Phone: 909.866.5831 | Fax: 909.866.6766 | www.citybigbearlake.com April 27, 2020
Dear Members of the U.S. Senate and U.S. House of Representatives,
As Congress works on an economic stimulus package in this time of public health emergency, the City of Big Bear Lake’s City Council hopes you will invest in our parks, public lands, and outdoor recreation in recognition of their importance to our economy, and to our communities' wellbeing, through full funding of the Land and Water Conservation Fund (LWCF).
In the weeks and months to come, our nation’s parks, trails, and outdoor spaces will be integral to our nation's coping and recovery. Great parks and green spaces make stronger, healthier communities. Everyone deserves access to the outdoors and the countless benefits parks provide. America’s public lands bring us peace of mind and generate economic revenue - both will be critically needed to recover from the impact of the COVID-19 outbreak.
Our national, state and local parks, trails and public lands are a critical economic driver for communities big and small, urban and rural, across the nation. Across the nation, the travel and tourism industries have been taking a hit in the current crisis. Investing now in full funding for LWCF will help with a strong long-term recovery for gateway communities and states that rely on visitors to public lands. Specifically:
● America’s outdoor recreation economy supports over 7.6 million jobs, contributes over $887 billion in annual economic output, and serves as the lifeblood for countless communities across the country. ● Every dollar spent on LWCF returns $4 in economic value from natural resource goods and services alone - over and above the economic benefit of the outdoor recreation economy and tourism.
Broadly-supported, bipartisan LWCF legislation was already in the queue for Senate floor time before coronavirus upended the calendar—it is directly relevant, ready to go, and makes sense for Congress to include in a stimulus package if possible and appropriate.
Investing in our public lands, and providing full, permanent funding for LWCF is a low-cost economic stimulus that will pay big dividends for communities across America. Please include full and permanent LWCF funding in the stimulus package.
Sincerely,
Rick Herrick Mayor, City of Big Bear Lake
ATTACHMENT 2
Frank Rush
From: Anna Peterson
Hello all, I hope you are continuing to stay healthy, safe, and strong. Thank you for your leadership and care for your communities. Please let me know if there is anything The Mountain Pact can do to help via our social media channels, calls into congressional offices, etc..
I wanted to let you know that we are still hoping to get LWCF funding into a stimulus package - once Congress comes back. So we still have time to add signers to this LWCF Funding Sign-On Letter (also attached) asking Congress to include LWCF funding in a stimulus package. We have 20 signers so far from 7 western states
Main point: Investing now in full funding for LWCF will help with a strong long-term recovery for gateway communities and states that rely on visitors to public lands.
You can sign on via google forms or just reply to this email with "sign me on" or "Yes" and I'll add you.
We'd like signers by April 27. If possible, we'd love FULL councils and commissions to do letters on letterhead as well. Template attached.
Thank you for your consideration. Please forgive the interruption during what I know is an incredibly stressful and unprecedented time. Thank you for ALL you are doing.
Sending strength and good thoughts to all! Anna
We will also be doing a few op-eds at the end of the month with a similar message to the letter - let me know if interested and we can help.
--
ANNA PETERSON Executive Director | The Mountain Pact Durango, Colorado | (612) 735-2402 | [email protected]
Founded in 2014, The Mountain Pact is an effort to educate, mobilize, and empower mountain towns with outdoor recreation-based economies in the American West around federal policy. We work with local elected officials in over 50 mountain communities from all 11 western states to build resilience in the face of environmental stresses and their economic impacts through a shared voice on policies related to climate, public lands, and outdoor recreation. Subscribe to get our policy alerts
1
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager John Harris, Director of Development Services
SUBJECT: Ordinance of the City Council of the City of Big Bear Lake Transferring an Existing Electric Utility Franchise to Bear Valley Electric Service to Construct and Use Wires and Appurtenances for Transmitting and Distributing Electricity
ACTION TO BE CONSIDERED
Council will conduct a public hearing to receive comments on the proposed transfer of the City’s electric service franchise agreement from Southern California Water Company to Bear Valley Electric Service. Following the public hearing, Council will consider the first reading of an ordinance formally transferring the electric service franchise agreement, with second reading and final consideration of the ordinance scheduled for the May 11, 2020 meeting.
BACKGROUND
A municipal utility franchise agreement is a contract between a City and a utility service provider that includes terms and conditions under which the service provider may install infrastructure in public rights-of-way to provide utility services. The City executed a franchise agreement with Bear Valley Electric Service (BVES) on February 11, 1981. The term of this agreement is fifty (50) years, and will expire on February 11, 2031 unless it is renewed, extended, or amended.
BVES is a division of a larger company, Golden State Water Company (GSWC). On December 14, 2018, GSWC filed an application (18-12-019) with the California Public Utilities Commission (CPUC) to split off BVES as a separate, stand-alone company, and authorize a transfer of the existing BVES franchise agreement to this new company. The goal of the split is to shield GSWC from liabilities associated with wildfires. In light of electric utility-related catastrophic wildfires that destroyed the Town of Paradise and caused immeasurable damage to properties within Los Angeles and Ventura Counties, we formally protested CPUC approval of the GSWC application. Below is a timeline of events leading to the CPUC decision:
GSWC Application (18-12-019) December 14, 2018 City Files Formal Protest February 4, 2019 City Proposes Settlement Offer June 7, 2019 CPUC Public Participation Hearing July 16, 2019 CPUC Evidentiary Hearing July 22, 2019 Ex Parte Meetings September 20, 2019 CPUC Decision December 19, 2019 Our protest of the GSWC application requested that the CPUC deny the application, and requested that a number of conditions be applied if the CPUC approved the application to protect the City and its ratepayers. Unfortunately, the CPUC decided to approve the GSWC application without conditions on December 19, 2019.
DISCUSSION
Transfer of this franchise agreement is required by the CPUC. We do not recommend negotiating new terms or extending the term of existing franchise agreement that will terminate on February 11, 2031. BVES holds a similar franchise agreement with San Bernardino County that will expire on September 10, 2021. We have been communicating with County staff to ensure any renewal or extension of their agreement includes language to protect public interests. We will consider a new, long-term franchise agreement with BVES that coincides with the effective date of this potential County franchise agreement renewal or extension if BVES agrees to implement the City’s requested conditions in the CPUC proceeding.
The current agreement allows the utility to construct, maintain and operate its electric utility system in the City-owned public rights-of-way. In exchange, the agreement requires BVES to pay the City a two-percent (2%) franchise fee arising from the use, operation, or possession of this franchise. The agreement also requires BVES to relocate its facilities, at no cost to the City, when in conflict with public construction projects.
The intent of this public hearing is to receive any protests regarding the Bear Valley Electric Service franchise agreement transfer.
FISCAL IMPACT
There is no fiscal impact associated with the transfer of the franchise agreement to Bear Valley Electric Service. The City typically receives approximately $200,000 +/- annually in franchise fees from Bear Valley Electric Service.
ENVIRONMENTAL CONSIDERATIONS
It is proposed that the City Council find that the transfer of the existing electric utility franchise agreement does not constitute a “project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et. seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and therefore does not require environmental review. Specifically, under State CEQA Guidelines section 15378, “project” does not include administrative activities or government fiscal activities that do not involve any commitment to any specific project which may result in a physical change in the environment.
For purposes of this franchise agreement transfer, it is further proposed that the City Council find that even if the adoption constituted a “project” for purposes of CEQA, the project would be exempt from environmental review under State CEQA Guidelines section 15320 (Organization of Local Agencies), and 15061(b)(3), which exempts projects for which it can be seen with certainty will not result in significant environmental impacts.
RECOMMENDATIONS
We recommend that Council find Ordinance No. 2020-XX exempt from the California Environmental Quality Act (CEQA), conduct a public hearing to receive any comments regarding the Bear Valley Electric Service franchise agreement transfer, and conduct first reading of Ordinance No. 2020-XX transferring the existing franchise agreement to Bear Valley Electric Service Company.
Attachments: 1. Ordinance No. 2020-XX 2. CEQA Notice of Exemption 3. Bear Valley Electric Service Franchise Agreement
ATTACHMENT 1
ORDINANCE NO. 2020-XX
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA TRANSFERRING AN EXISTING ELECTRIC UTILITY FRANCHISE TO BEAR VALLEY ELECTRIC SERVICE TO CONSTRUCT AND USE WIRES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY
WHEREAS, California Public Utilities Code Section 6202 provides that the legislative body of a municipality may grant a franchise to any corporation to construct and use wires and appurtenances for distributing electricity under and along public streets within the municipality; and
WHEREAS, California Public Utilities Code Section 6231(c) provides a formula for the amount the grantee shall pay to the municipality during the life of the franchise; and
WHEREAS, Article XI, Section 1100 of the Charter of the City of Big Bear Lake authorizes the City Council to grant a franchise to any person, partnership, corporation, or other legal entity capable of exercising the privilege conferred; and
WHEREAS, the City Council of the City of Big Bear Lake (“City”) adopted Ordinance No. 13 on February 11, 1981, granting a franchise to Southern California Water Company for distributing electricity; and
WHEREAS, the California Public Utility Commission (“CPUC”) approved an application to create a new, stand-alone Bear Valley Electric Service Company (“BVES”) on December 19, 2019; and
WHEREAS, the CPUC decision authorizes the transfer of the existing electric utility franchise agreement to the new BVES; and
WHEREAS, the City desires to transfer the existing electric utility franchise agreement to the new BVES; and
WHEREAS, the City Council duly held a public hearing to receive any protests regarding the BVES franchise agreement transfer on April 27, 2020; and
WHEREAS, the City Council finds that it is in the public interest of its citizens to transfer the existing franchise agreement to the new BVES; and
WHEREAS, all terms and conditions of the existing franchise agreement are retained.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. The above recitals are true and correct and are hereby incorporated herein.
2. The City, under and pursuant to Article XI, Section 1103 of the City Charter and Division 3, Chapter 2 of the Public Utilities Code of the State of California, as applicable, does hereby transfer to the new Bear Valley Electric Service Company the existing franchise agreement, according to the terms and conditions as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
3. For purposes of this franchise agreement, the City Council finds that transfer of the franchise agreement to the new Bear Valley Electric Service Company does not constitute a “project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et. seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and, therefore, does not require environmental review. Specifically, under State CEQA Guidelines section 15378, “project” does not include administrative activities or government fiscal activities that do not involve any commitment to any specific project which may result in a physical change in the environment. For purposes of this franchise agreement, the City Council further finds that even if the transfer constituted a “project” for purposes of CEQA, the project would be exempt from environmental review under State CEQA Guidelines section 15301 (Existing Facilities), 15320 (Organization of Local Agencies), and 15061(b)(3), which exempts projects for which it can be seen with certainty will not result in significant environmental impacts. None of the exceptions found in State CEQA Guidelines section 15300.2 to the use of these exemptions are present. The City Council hereby directs staff to file a Notice of Exemption with the County Clerk within five working days of the adoption of this Ordinance.
4. The Mayor is hereby authorized and directed to sign this Ordinance and the franchise agreement transfer to the new Bear Valley Electric Service Company.
5. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.
6. If any one or more of the terms, provisions, or sections of this Ordinance shall to any extent be judged invalid, unenforceable, and/or voidable for any reason whatsoever by a court of competent jurisdiction, then each and all of the remaining terms, provisions, and sections of this Ordinance shall not be affected thereby and shall be valid and enforceable.
7. This Ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED AND ADOPTED this 11th day of May, 2020.
AYES: NOES: ABSTAIN: EXCUSED:
Rick Herrick, Mayor
ATTEST:
Erica Stephenson City Clerk
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2020-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 11th day of May, 2020 and that the same was so passed and adopted by the following vote:
AYES: NOES: ABSTAIN: EXCUSED:
Erica Stephenson, City Clerk
ATTACHMENT 2
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Director of Development Services County of San Bernardino City of Big Bear Lake 385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000 San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315-8900
Project Title: An Ordinance To Transfer The Existing Electric Utility Franchise Agreement To Bear Valley Electric Service
Project Location - Specific: Citywide
Description of Project: Adoption Of An Ordinance To Transfer The Existing Electric Utility Franchise Agreement To Bear Valley Electric Service.
Name of Public Agency Approving Project: City of Big Bear Lake, City Council
Name of Person or Agency Carrying out Project: City of Big Bear Lake, Director of Development Services
Exempt Status: (check one) (State type and section number) XX CategoricallyExempt Section: 15378
Reasons why project is exempt: For purposes of the adoption of these various San Bernardino County Code provisions, it is proposed that the City Council find that the transfer of the existing electric utility franchise agreement does not constitute a “project” for purposes of the California Environmental Quality Act (Pub. Resources Code, § 21000 et. seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and therefore does not require environmental review. Specifically, under State CEQA Guidelines section 15378, “project” does not include administrative activities or government fiscal activities that do not involve any commitment to any specific project which may result in a physical change in the environment. For purposes of this franchise agreement transfer, it is further proposed that the City Council find that even if the adoption constituted a “project” for purposes of CEQA, the project would be exempt from environmental review under State CEQA Guidelines section 15320 (Organization of Local Agencies), and 15061(b)(3), which exempts projects for which it can be seen with certainty will not result in significant environmental impacts.
LeadAgencyorContactPerson: AreaCode/Telephone/Extension JohnHarris,DirectorofDevelopmentServices (909)866-5831
Date: April 27, 2020
Signature:
______John Harris Director of Development Services
ATTACHMENT 3
r L- — v L Y
i
ORDINANCh; NO. _ 13
AN ORDINANCE OF TETE CITY OF BTG PEAR LAKE GRANTING TO SOUTEIFRN rA( 7r0PN1A WATER COMPANY; A CORPORATION, TPE RIGET,' PRIVILEGE AND FRANCHISE TO USE AND TO CONSTRUCT AND USF FOR TRANFNITTIff, AND DISTRIBUTING ' ELECTRICITY AND WATEF FOR ANY AND ALL PURPOSES, PIPES, POLES, WIRES, CON'DUITS AND APPURTFNANCFS, INCLUDING COM- MUNICAT10NS CIRCUITS NECESSARY OR PROPER THEREFORE, IN, ALONG, ACROSS, OVER AND UNDER THE PUBLIC STREET:, WAYS, ALLFYS AND PLACES WITHIN CERTAIN PORTIONS OF SAID CITY.
THE CITY COUNCIL OF THE CITY OF BIG HEAR LATE DOES ORDAIN AS FOLLOWS:
Section 1. The right, privilege and franchise is hereby Granted to Southern California Water Company, its successors and assinns, from time to tome to con-
struct, maintain an; use its franchise property located or to be located alona, across, upon, over and under the highways of theCity as herein defined in Exhihit " A" attached hereto and by this reference made a part hereof.
Section 2. The term of this franchise shall com- mence with the effective date hereof, and continue and remain in full force and effect for a period of fifty ( 50) years from and after the effective date of this ordinance, or until such time as Grantee shall surrender' or abandon same or said franchise shall be forfeited for non- com- pliance by the possessor thereof with its terms, or the or State of California, the County of San Bernardino, other public corporation thereunto duly authorized, shall purchase by voluntary agreement or sl•all condemn and take under the power of eminent domain in accordance with then existing law all property actually used and useful in the exercise of said franchise situated within the City of Dig Pear Lake.
Section . i.
wherever used herein a. The word " Grantee" shall mean Southern California ',,later Company, its successors And Assigns.
b. The word " City" wherever used herein shall mean the City of Bin Bear Lake, County of San.
1- in its present form Bernardino, State of California, consolidated or en- or in any - later re -organized, larged form.
wherever used herein shall mean C. "- pighways" alleys, road and include county highways, streets, or ways, as the same now or hereafter may be dedi- cated to the City of Biq Bear Lake for street pur-
poses.
franchise property" wherever d. The phrase wires, con- used herein shall mean pipes, poles, traps, vents, manholes, duits, mains, services, regulators, appurtenances and other meters, guages, similar property located or to be located in, upon, across, under or over the highways of the along, City, and used or useful in transmitting and dis- tributing water and electricity.
construct, maintain and use" e. The words " erect,
wherever used herein shall mean to construct, repair alter, maintain, use, install, Jay, operate, or replace. wherever used here- f. phe words " public entity" in shall mean any district or other political sub- division of which the City Council of the City of Siq Bear Lake the members of said Council are ex - officio members of the Governing Board.
Section 4,. This ordinance granting said franchise days after its passage pro- shall take effect thirty ( 30) vided said Grantee shall file with the City Clerk of. the City of Big near Lake a written acceptanceThis franchisethereof withinand days after its passage. thirty ( 30) privilege is granted and shall be held and enjoyed onland under' the provisions and conditions prescribed by l those contained in this ordinance. This grant is made in lieu of all other franchises, rights or privileges owned by the Grantee or by any suc- cessor of. the Grantee to any rights under this franchise, for transmitting and distributing electricityin andExhibitwater " A", within the City of Big Bear Lake described and the accept- as said limits now or may hereafter exist,
ance of the franchises hereby granted shall operateand privilegesas an abandonment of all such franchises, rights, within the limits of this City, rs such limits now or may hereafter exists„ in lieu of which this franchise is
granted.
2- Section 5. All franchise property to be constructed, mai.—`ncained or used under this franchise shall: a. Be constructed and maintained in a good and workmanlike manner and be of good materials; b. Be constructed, maintained and used in a manner which will not interfere with use of highways by the public or for public purposes;
C. Be constructed, maintained and used in conformance with statutes of the State of California rules, regulations and orders of the Public Utilities Commission of said State having reference thereto; permits, and regulations,. standards, resolutions and ordinances of the City of Big Bear Lake as now exist or may hereafter be amended.
Section 6. Whenever any portion of the territory covered bytthis franchise shall be annexed to, or otherwise become a part of any other municipal corporation or of any other political subdivision of the State of California, the rights reserved under this franchise to the City of Big Bear Lake or to any officer thereof, shall inure to the benefit of such municipal corporation and its appropriate officers.
Section 7. Grantee shall not sell, transfer or assign this franchise or any of the rights or privileges hereby granted without the prior consent of the City Council and except by a duly executed instrument in writing filed in the office of the City Clerk of the City of Big Bear Lake.
Section 8. If notice in writing is given to the Grantee thirty ( 30) days in advance of the fact that work of a governmental use of the streets is to be done, specifying the general nature of the work and the area in which the same is to be performed, teen the Grantee shall do all things necessary to' protect its franchise property during the progress of such work, and if ordered by the City Council of the City of Big Bear Lake the Grantee shall relocate its franchise property within the highway to such extent in such manner, and for such period as shall be necessary to permit the performance of such work in accordance with the generally recognized enp,ineerinl and construction methods and to permit the maintenance
3- operation and use of such public improvement on highway so improved. All of such things to be done and work to be performed by the Grantee shall be at the sole cost and expense of the Grantee, except, however payment of the cost of any relocation made necessary by such construction, reconstruction, change of grade or alignment, shall not apply to any freeway construction by the State of California. In the event that the City of Big Bear Lake shall hereafter construct, install, reconstruct or repair any bridge or artificial support in or underlying any highway in which the Grantee' s franchise property is located, and in the event that the cost of such work as may reasonably be required is increased in order to provide for the installation, maintenance or operation of Grantee' s' franchise property in or on the area covered by or underlain by said bridge or other artificial support, then the Grantee shall pay to the City for doing such work the full amount of such increase of cost, upon installation or repair. completion of such construction, Any damage done directly or indirectly to any highway or public improvement by the Grantee, in exercising directly or indirectly any right, power or privilege under this franchise, or in performing any duty under or pursuant to the provisions of Chis ordinance, shall be promptly repaired by said Grantee, at its sole cost and expense, to the complete satisfaction of the City.
Section 9 The Grantee shall comply with any instructions of the City Council or the City Engineer, or other authorized representative thereof,. of the City of Big Bear Lake with respect to Grantee' s exercising the right, privilege and franchise to construct," maintain and use franchise property and maintenance, shall coordinate all aspects of construction, use and relocation of franchise property with the City Engineer or his authorized representative. The Grantee shall repair any damage to days highways or public imarovements within ten ( 10) after service of a written notice upon the Grantee to make any such repairs. In the event Grantee fails then the to comply with said written notice to repair, City Council, or other authorized representative thereof, may immediately do whatever work is necessary to carry out the instructions at the cost and expense of the Grantee, which cost, by the acceptance of this franchise, the Grantee shall pay upon demand.
4- The Grantee shall remove or relocate at no expense to the County or City or public entity any facilities heretofore or hereafter installed, used or maintained by it in any highway now or hereafter existing whenever the City Engineer finds it necessary by reason of any work or improvement or traffic needs upon such highway, whether then under the jurisdiction of the City or any public entity. The provisions of the sections following this section shall not be construed to limit in any way the provisions of this section.
Section 10. The Grantee shall hold the agents City of Big Bear Lake, its authorized officers, and employees, harmless from and against any and all liability or loss resulting from claims for damages by any person arising out of the acts or omissions of the Grantee, its agents or employees in the performance of any work authorized hereunder.
Section 11. The Grantee shall, during the life of t ii's TF -- rise, pay to the City of Big Bear Lake in lawful money of the United States, two per cent ( 2%) of the gross annual receipts of .the Grantee arising from the use, operation, or possession of this franchise. The Grantee shall file with the City Clerk of the City of Big Bear Lake within three ( 3) months after the expiration of the calendar ,Year, or fractional calendar year, following the effective date of this ordinance granting this franchise, and within three ( 3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of said Grantee during the preceding calendar year, or such fractional calendar year, arising from the
use, operation or possession of this franchise. Within fifteen ( 15) days after the time for Eiling the aforesaid statement, the Grantee shall pay to the City Treasurer of the City of Big Bear Lake in lawful money of the United State, the aforesaid two per cent 2%) of its gross receipts arising from the use, operation or possession of this franchise during or such fractional said preceding calendar year, omission or refusal of calendar year. Any neglect, said Grantee to file said verified statement, or to pay said percentage at the time or in the manner hereinbefore provided, which neglect, omission or
5- a
refusal shall continue for more than fifteen ( 15) days following notice there to the Grantee from the City, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of the Grantee hereunder.
failure of refusal to com- Section 12. Any neglect, ply with any of the conditions of this franchise, which neglect, failure or refusal shail continue for more than fifteen ( 15) days following notice thereof to the Grantee from the City shall work a forfeiture hereof, and the said City by its City Council may thereupon declare this fran- chise forfeited, and may exclude said Grantee from further use of highways of said City under this franchise and said Grantee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed and shall remain null, void and of no effect.
Section 13. This franchise is granted pursuant to Division 3', Chapters i and 2 of the California Public utilities Code.
Section 14. The provisions of this franchise and ail rights, obligations and duties hereunder shall inure to and be binding upon the Grantee, its successors and
assigns.
PASSED, APPROVED AND ADOPTED THIS 11th day of February, 1981.
Burton, Reinik Ayes: Eminger, Joyner,
Noes: Abstain: Beardsley Absent:
MM. f.
V
JohnE inger Mayor' o£ the City of Big Bear Lake
ATTEST:
o ert A. Covington Acting City Clerk of the City of Big. Bear Lake
STATE OF CALIFORNIA ) ss County of San Bernardino )
I, ROBERT A. COVINGTON, Acting City Clerk of the City of Big Bear Lake, State of California, hereby certify that at a regular meeting of the City Council of the said City and State, held on February 11 19£11 at which meeting, were present Councilmen Oy minaPr aPardsle Reiniki Burton and the CferF,—re oregoing or finance was passe and adopted by the following vote to wit: AYES: Eminger, Joyner, Reinik, Burton
NOES: ABSTAIN: Beardsley ABSENT:
IN WITNESS WHEREOF I have hereunto set 1 F my hand and affixed the official seal of the City of Big Bear Lake this _ 11t_ 4ay., of FebAuary,
o rt A. ovingcFon Acting City Clerk of the City of Big Bear Lake
7_
is
SOUTHERN CALIFORNIA WATER COMPANY
630 EAST FOOTHILL BLVD. • SAN DIMAS. CALIFORNIA 91773 • ( 909) 394. 3600 - FAX 19091 394- 0711
November 18, 1993
Ms. Dorothy Andersen Best, Best & Krieger P. O. Box 1028 Riverside, California 92502
Dear Ms. Andersen:
Attached is a copy of City of Big Bear Lake Ordinance No. 11 issued February, 1981. This ordinance granted a 50 year franchise for electric utility purposes to Southern California Water Company. 1 trust this provides you with the information you require.
Very truly yours,
ames B. Gallagher Secretary, Treasurer and Chief Financial Officer
JBG: mp cc: F. E. Wicks/ Accounting Files LAW OFFICES OF
BEST, BEST & KRIEGER
INTEROFFICE MEMORANDUM
CITY OF BIG BEAR LAKE - CITY ATTORNEY'S OFFICE
DATE: November 22, 1993
TO: City Manager
SUBJECT: FRANCHISE AGREEMENT WITH BEAR VALLEY ELECTRIC
Henry:
Pursuant to your request, I have done some research to determine whether the City has a franchise agreement with Bear Valley Electric ( BVE). Apparently BVE is a division of Southern California Water, and the City still has a franchise agreement with Southern California Water which is in full force. I have enclosed a copy of correspondence received from Southern California Water and Ordinance No. 13 passed on February 11, 1981, granting the franchise for fifty years. If you have any questions about this, please call me.
Respectfully submitted,
Dorothy I. Anderson of Best, Best & Krieger City Attorneys City of Big Bear Lake
DIA193491
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager John Harris, Director of Development Services
SUBJECT: Resolution of the City Council of the City of Big Bear Lake Approving a Budget Amendment and Execution of a Construction Contract with S Porter, Inc.for Construction of the Alpine Pedal Path – Rathbun Creek Extension Project
ACTION TO BE CONSIDERED
Council will consider a resolution awarding a construction contract in the amount of $904,168 to S Porter, Inc., Big Bear City, CA, for the construction of the Alpine Pedal Path - Rathbun Creek Extension Project. The resolution also approves a budget amendment to appropriate an additional $90,798 from Measure Y reserve funds for this project.
BACKGROUND
With more than 40,000 annual users, the Alpine Pedal Path (APP) is arguably one of the most popular outdoor recreation amenities in the Big Bear Valley. The City is expanding our multi-use trail system to provide additional outdoor recreation opportunities, and to increase access to the APP. Many users of the APP currently drive from their residences to the APP due to the lack of safe alternative transportation access corridors.
In cooperation with the California Department of Transportation (Caltrans), we propose to construct an asphalt paved Class I multi-use trail along the north (west) side of Big Bear Boulevard (SR18) from Stanfield Cutoff to Sandalwood Drive, and adjacent to north side of Sandalwood Drive from Big Bear Boulevard (SR18) to Rathbun Creek. The Alpine Pedal Path -Rathbun Creek Extension Project includes ADA compliant access improvements, landscaping, fencing, signage, striping, and will relocate a portion of an existing concrete masonry unit (CMU) wall and an existing bus shelter.
On May 14, 2018, City Council authorized the City Manager to engage the City’s contracted on- call engineering service provider, Willdan Consulting (Willdan), to provide engineering and environmental pre-construction phase services for the Project. Willdan also surveyed the project area and prepared the easement documents. The California Transportation Commission (CTC) approved our transition to the construction phase of this project on March 25, 2020.
DISCUSSION
On January 13, 2020, City Council authorized advertisement for the construction phase of this important project. The following bids were received within the submittal deadline:
COMPANY NAME LOCATION BASE BID PRICE S Porter, Inc. Big Bear City, CA $ 904,168 Express Sewer & Drain San Marcos, CA $ 1,248,769
S Porter, Inc. submitted the lowest responsive base bid and has successfully completed several projects similar in scope and size for the City.
This project represents a significant quality of life improvement for our community, and will provide approximately 2,200 linear feet of additional, dedicated asphalt multi-use path from Rathbun Creek to Stanfield Cutoff. The new multi-use path will connect to Stanfield Cutoff, where a separate project is expected to create an approximately 1,300 linear feet of additional multi-use path later this summer. The completion of these two projects will connect to the existing Alpine Pedal Path, and will result in a nearly continuous segment of dedicated, asphalt multi-use path all the way from Rathbun Creek to the Solar Observatory on the north shore (nearly 3.5 miles long) for our residents and visitors to enjoy.
FISCAL IMPACT
The previously approved project budget is $1,049,530, and includes a total of $946,00 of grant funding awarded for the project and $103,530 or previously approved Measure Y funds. To date, a total of $236,160 has been expended for pre-construction professional services, and this construction contract is $904,168, resulting in the need for an additional $90,798 to complete the project.
The attached resolution formally appropriates an additional $90,798 of Measure Y reserve funds for this project. The projected Measure Y fund balance after this appropriation is nearly $1.7 million.
ENVIRONMENTAL CONSIDERATIONS
The construction of the Alpine Pedal Path – Rathbun Creek Extension is exempt from the California Environmental Quality Act (CEQA). Class 1(c) exemptions include existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.
RECOMMENDATIONS
We recommend that Council approve a resolution of the City Council of the City of Big Bear Lake authorizing execution of a construction contract to S Porter, Inc. in an amount not to exceed $904,168, amending the project budget and appropriating a total of $90,798 from Measure Y reserve funds, and find the project exempt from the California Environmental Quality Act.
Attachments: 1. Resolution 2020-XX 2. CEQA Notice of Exemption 3. Project Location Map
ATTACHMENT 1
RESOLUTION NO. 2020-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA APPROVING A BUDGET AMENDMENT AND AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH S PORTER, INC. FOR CONSTRUCTION OF THE APLINE PEDAL PATH – RATHBUN CREEK EXTENSION PROJECT
WHEREAS, the City of Big Bear Lake (City) operates and maintains dozens of miles of non- motorized outdoor recreation trails; and,
WHEREAS, the City received an Article 3 Transportation Development Act grant for $158,000 to construct the Alpine Pedal Path - Rathbun Creek Extension Project (Project); and,
WHEREAS, the City received a 2017 Alternative Transportation Program grant for $788,000 as additional funding to supplement Project construction costs; and,
WHEREAS, the cumulative City matching funds requirement is $103,530; and,
WHEREAS, the Project construction cost is $904,168; and,
WHEREAS, Project pre-construction expenditures are $236,160; and,
WHEREAS, completion of the Project requires a budget adjustment of $90,798.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake that:
1. An appropriation and expenditure of $90,798 from the Measure Y reserve fund is authorized for this project.
2. The City Manager, or his duly authorized representative, is hereby authorized to execute a Construction Contract with S Porter, Inc., Big Bear City, CA, in an amount not to exceed $904,168.
3. The Alpine Pedal Path – Rathbun Creek Extension is exempt from the California Environmental Quality Act.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2020.
AYES: NOES: ABSTAIN: EXCUSED:
Rick Herrick, Mayor
ATTEST:
Erica Stephenson City Clerk
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2020-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 27th day of April, 2020 and that the same was so passed and adopted by the following vote:
AYES: NOES: ABSTAIN: EXCUSED:
Erica Stephenson, City Clerk
ATTACHMENT 2
ATTACHMENT 3
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager Kelly Ent, Director of Government Services
SUBJECT: Resolution of the City Council of the City of Big Bear Lake Authorizing Adjustments to the City of Big Bear Lake Adopted Budget for Fiscal Year 2019- 20 – COVID-19 Impacts
ACTION TO BE CONSIDERED
The attached resolution adjusts the adopted FY 2019-20 budget to preserve available General Fund resources in response to the economic impact of the COVID-19 emergency. Proposed reductions of $848,953 include:
Elimination of $231,700 in capital project appropriations,
Elimination of budgeted reserve set-aside contribution of $454,300,
Elimination of unexpended capital outlay appropriations of $92,700, and
Savings of $70,200 from the elimination of nonessential overtime and standby pay.
BACKGROUND
Since the COVID-19 threat ramped up last month, our local economy has been significantly impacted by the Governor’s “shelter in place” order and the ability for local businesses to continue in a limited capacity or close all together. As a tourist destination, we are heavily dependent upon visitor activity to support our economy. The difficulty with this pandemic is the ability to predict how deeply our community will be impacted and when recovery will begin. To that end, we have taken an aggressive stance to preserve available general purpose funds for operations to ensure we continue to serve our community.
From a fiscal perspective, we are fortunate that the impact of this pandemic came toward the end of our busy season and that we benefited from an early snow to kick off our winter tourism. However, with the uncertainty as to when our community will re-open, we are proactively taking steps to preserve existing funds for operations and are proposing budget amendments to eliminate appropriations which are unexpended and not encumbered by some form of commitment as outlined above. We feel this approach will enable us to end the year without negatively impacting our service delivery while preserving available funds to sustain operations.
DISCUSSION
The adopted budget for FY 2019-20 included capital project and street improvement funding, maintained existing staffing, and generated a net reduction in fund balance of approximately $454,000 to be set-aside for future vehicle/equipment replacements and snow contingencies. Throughout the year, City Council has amended the budget to include carryover appropriations and new commitments primarily for capital and street improvements utilizing approximately $1.4 million of General Fund unassigned fund balance which was anticipated to be replenished through the continuation of steady growth in major revenues.
The first six months of FY 2019-20 showed revenue on a path to end the year well ahead of budget. Unfortunately, our momentum was stifled by the COVID-19 pandemic. With the Governor’s “stay at home” order, our latest projection no longer anticipates growth in major revenues. Instead, we are projecting the loss of those revenue gains. With limited businesses operating at the present time and no concrete data to derive when we will be able to begin re-opening our community, we feel it is best to approach the budget conservatively and assume no revenue from Transient Occupancy Tax (TOT) and limited revenue from Sales Tax in the final quarter of our fiscal year (April 1 - June 30). We are also projecting a decline in previously anticipated Sales Tax and TOT revenue from first quarter (January 1 – March 31) as this pandemic caused an early end to our season. Another consideration is the impact of the State’s 12-month Sales Tax payment deferral and when those moneys will be allocated to local agencies. This means we will be relying heavily on Property Taxes which typically lag behind economic indicators due to the way in which they are levied and collected. That being said, we are not expecting to see an effect on property taxes until FY 2021-22, and it is our hope, that we will experience recovery of Sales Tax and TOT revenues to mitigate the impact of a decline in Property Tax.
Because the duration and ultimate impact of the COVID-19 event are unknown, we have taken an aggressive approach in order to ultimately preserve General Fund balance. While the FY 2019-20 amended budget anticipates an approximately $1.2 million reduction in fund balance, these adjustments (and other adjustments implemented in recent weeks) should enable us to reduce the use of unassigned General Fund balance to less than $200,000. The attached resolution eliminates expenditures that are not absolutely essential at this time and also eliminates contributions to reserve commitments.
FISCAL IMPACT
The attached resolution includes total expenditure reductions of $848,953, including the deferral of the following capital projects in response to the COVID-19 pandemic:
Performing Arts Center Drainage Improvements,
Civic Center North Landscape,
Website Enhancement, and
Expansion of Village Parking Capacity.
City staff will reconsider these projects for inclusion in a future year’s budget as the City’s recovery from COVID-19 impacts occurs.
RECOMMENDATION
We recommend approval of the attached resolution. Although we hope to eventually restore funding for these items in the future, it is necessary to make these reductions at this time due to the uncertain impact of COVID-19 on City revenues over the remainder of FY 2019-20.
Attachments: 1. Resolution No. 2020-XX 2. Schedule of proposed expenditure reductions
ATTACHMENT 1
RESOLUTION NO. 2020-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AUTHORIZING ADJUSTMENTS TO THE CITY OF BIG BEAR LAKE ADOPTED BUDGET FOR FISCAL YEAR 2019-20 – COVID-19 IMPACTS
WHEREAS, the City of Big Bear Lake was incorporated on November 28, 1980; and,
WHEREAS, the City Council adopted the Budget for Fiscal Year 2019-20 on June 10, 2019; and,
WHEREAS, due to the COVID-19 emergency, with significant impacts to the City’s sales tax and transient occupancy tax revenues, there is a need to reduce expenditures for Fiscal Year 2019- 20;
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Big Bear Lake modifies and adopts total expenditure reductions of $848,953 in the FY 2019-20 Budget as follows, and as detailed in the attached schedule of FY 2019-20 Mid-year Budget Adjustments:
1. Eliminate $231,742 in General Fund capital project contributions,
2. Eliminate $454,311 in General Fund reserve set-aside contributions,
3. Eliminate $92,700 in unexpended General Fund capital outlay appropriations, and
4. Eliminate $70,200 in overtime and nonessential standby pay.
PASSED, APPROVED AND ADOPTED this 27th day of April, 2020.
AYES: NOES: ABSTAIN: EXCUSED:
Rick Herrick, Mayor
ATTEST:
Erica Stephenson City Clerk
STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing resolution, being Resolution No. 2020-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 27th day of April, 2020 and that the same was so passed and adopted by the following vote:
AYES: NOES: ABSTAIN: EXCUSED:
Erica Stephenson, City Clerk
ATTACHMENT 2
FY 2019-20 Mid-year Budget Adjustments
Current Proposed Proposed Budget Increase (Decrease) Budget Description of Proposed Adjustment
Proposed Expenditure Reductions - COVID-19 Response Expense Salaries - Overtime 192,400 (70,200) 122,200 Eliminate overtime & nonessential standby pay Vehicle Replacement Reserve 76,000 (76,000) - Eliminate contribution to reserve commitments Machinery and Equip Reserve 78,311 (78,311) - Eliminate contribution to reserve commitments Capital Outlay 395,000 (92,700) 302,300 Eliminate unexpended capital outlay appropriations Snow Contingency Reserve 300,000 (300,000) - Eliminate contribution to reserve commitments Expand Village Parking Capacity 119,142 (89,142) 30,000 Delay Board of Realtors and BVUSD parking lot projects Civic Center North Landscape 20,000 (20,000) - Postpone landscape modifications Facility Condition Assessment 170,000 (97,600) 72,400 Postpone PAC drainage construction Website Enhancement 25,000 (25,000) - Postpone website upgrade --- 1,375,853 (848,953) 526,900
Total Expenditure Reductions 848,953
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager Kelly Ent, Director of Government Services
SUBJECT: Preliminary FY 2020-21 General Fund Budget
ACTION TO BE CONSIDERED
The Council will review and engage in an initial discussion regarding the FY 2020-21 General Fund budget which has been prepared in response to the COVID-19 emergency. The total preliminary General Fund budget for FY 2020-21 is $14,768,020. The primary objective in preparing this preliminary budget is to plan for significant decreases in City revenues, and reduce expenditures accordingly to preserve the City’s overall financial position. To offset the projected significant revenue losses, the preliminary General Fund budget for FY 2020-21 includes only the following expenditures:
Funding to maintain current service levels and quality, with no new service initiatives,
Modification of the City’s organizational structure to reduce overall expenditures and also redirect existing resources to the City’s tourism management efforts,
Deferral of General Fund investment in capital projects and street improvements, and
The use of approximately $300,000 from disaster contingency reserves to balance the budget.
BACKGROUND
With the Governor’s “shelter in place” order and the ever changing perspective on the COVID-19 pandemic, it is difficult to project how deep of an impact this event will have on our local economy. We have proactively reevaluated our planned budget appropriations for FY 2020-21 to determine what projects can be deferred until we have a better perspective on our community’s ability to reopen and begin the recovery process.
At this time, we believe the best approach is a budget which focuses on essential operations only and reduces General Fund contributions for capital and street improvement projects. This approach is designed to ensure we preserve general purpose revenues for key services such as public safety, snow removal, maintenance of existing infrastructure, community services, tourism management and the recovery of our local economy. As we look ahead to FY 2020-21, our current projection indicates a decline in General Fund revenue of approximately $1.04 million, or 6.6%, compared to the originally adopted FY 2019-20 budget. However, the actual decline projected for FY 2020- 21 is approximately $2.19 million less than projected for FY 2019-20. DISCUSSION
After factoring in the FY 2019-20 mid-year budget amendments, the General Fund is expected to have approximately $4.2 million in fund balance ($2.7 million in unassigned fund balance and $1.5 million in reserve commitments for contingencies and vehicle/equipment replacements) at June 30, 2020. With the uncertainty surrounding the duration and economic impact of the COVID- 19 emergency, it is our goal to preserve those funds to the maximum extent possible while maintaining services for our community.
Our hope is that we will be able to start re-opening our community and begin the recovery process in advance of welcoming visitors for our peak season. With that in mind, revenue projections remain conservative and assume a very slow start to the fiscal year with a ramp up as we enter our peak season.
Of the three major revenues, Property Taxes are expected to remain relatively stable in FY 2020- 21 as they are levied based on 2019 assessed values. With that in mind, the impact on Property Tax revenues will lag behind and not be reflected until FY 2021-22 at which point recovery in Sales Tax and TOT will hopefully mitigate the effect of a decline in Property Tax revenue. Sales Tax revenues are expected to be down approximately $300,000, or 12% in FY 20-21. As the details of the State’s 12-month deferral of Sales Tax revenues unfold, we will have a better idea when we can expect to recover those revenues. Currently, allocation of Sales Tax revenues to local jurisdictions are received on a six-month lag; therefore, the backfill of those revenues will likely be distributed in FY 2021-22. Unfortunately, TOT is expected to show the greatest impact with a reduction of approximately 21%, or nearly $1 million.
To offset the reduction in revenue, we are proposing a scaled back budget with the objective of minimizing expenditures and preserving General Fund balance. The preliminary budget does not include any one-time appropriations from the General Fund for capital projects or street improvements. Funding from special revenues, grants and carryover appropriations will ensure that improvements continue to be made in the absence of a General Fund Commitment. At this time, it is estimated that approximately $1.2 million will be available for appropriation from these other funding sources in FY 2020-21 for sanitation infrastructure and street projects. Additionally, we intend to utilize grant funding and Measure Y reserves in FY 2020-21 to complete the construction of two significant multi-use path improvements (Alpine Pedal Path – Rathbun Creek Extension and Stanfield Cutoff Connectivity Project).
In addition to significant reductions in capital expenditures, we are proposing a revised organizational structure which will reallocate existing resources to create a new department focused on tourism management. This organizational change will result in a net reduction of one full-time vacant position, generate additional labor savings, and reduce contractual service expenditures. Additional details regarding this change are included in this agenda packet under Item 3.4, and reduces total General Fund expenditures by approximately $450,000. In total, the preliminary budget includes a total FY 2020-21 expenditure reduction of approximately $1.5 million, or 9.2%, compared to the originally adopted FY 2019-20 budget. However, the actual amount budgeted for FY 2020-21 is approximately $2.36 million less than projected for FY 2019- 20.
City Council should note that the preliminary FY 2020-21 General Fund budget does not include the School Resource Officer (SRO) position. The cost for the SRO in FY 2020-21 is approximately $311,000. Preliminary estimates from the school district indicate that they may only be able to contribute $130,000 to the position leaving the balance of $181,000 to be funded through the City’s budget. The Sheriff’s department has proposed the use of COPS subvention monies to fund the position if Council believes it is important to continue this initiative in FY 2020-21. This would require the use the existing COPS funds plus the FY 2020-21 allocation and would require the Sheriff’s department to forego special equipment purchases in the coming year. The City receives an annual COPS subvention fund allocation of $100,000 based on our population. Should the allocation be deferred or eliminated as a result of the COVID-19 impacts on the adoption of the State budget, this would result in a shortfall of funding for the SRO position.
FISCAL IMPACT
The preliminary FY 2020-21 General Fund budget includes the use of approximately $300,000 from contingency reserves to offset a budget shortfall. As presented, the projected ending fund balance at June 30, 2021 is projected to be $3.9 million ($2.7 million in unassigned fund balance and reserve commitments of approximately $1.2 million).
RECOMMENDATION
We recommend the Council review and discuss the preliminary FY 2020-21 General Fund budget, and provide direction for the preparation of the overall FY 2020-21 City budget to be presented at the May 11, 2020 meeting.
Attachments: 1. General Fund Summary of Revenues and Expenditures 2. General Fund Expenditures by Department 3. Summary of Reserve Commitments 4. Summary of Capital Projects
ATTACHMENT 1
ATTACHMENT 2
GENERAL FUND EXPENDITURES BY DEPARTMENT
2017-18 2018-19 2019-20 2019-20 2019-20 2020-21 Proposed- Adopted Adjusted Projected Proposed Adopted Actual Actual % Diff Budget Budget Year End Budget Difference
Management Services CityCouncil 4110 212,620$ 221,811$ 241,000$ 261,600$ 229,400$ 263,300$ 22,300$ 9.3% CommunityGrants&Sponsorships 4111 65,950 123,146 123,456 150,756 141,385 142,700 19,244 15.6% CityManager 4120 264,978 269,990 263,450 263,450 384,050 228,150 (35,300) -13.4% CityClerk 4130 374,649 377,148 303,400 303,400 351,000 323,200 19,800 6.5% CityAttorney 4170 214,580 238,565 130,000 130,000 300,000 215,000 85,000 65.4% Total 1,132,777$ 1,230,661$ 1,061,306$ 1,109,206$ 1,405,835$ 1,172,350$ 111,044$ 10.5%
Internal Services Finance 4140 618,258$ 558,138$ 559,600$ 559,600$ 528,500$ 492,400$ (67,200)$ -12.0% HumanResources 4150 350,027 371,041 309,750 336,750 354,950 303,550 (6,200) -2.0% Intergovernmental/CommunityRelations 4420 63,760 70,778 76,900 76,900 79,400 77,500 600 0.8% TechnologyServices 4810 241,612 274,123 408,480 544,068 516,100 484,380 75,900 18.6% OtherInternalServices 4800 920,586 854,693 904,500 910,200 946,690 1,050,100 145,600 16.1% Successor Administration 4801 194,656 2,810,240 250,000 250,000 250,000 250,000 - 0.0% Total 2,388,900$ 4,939,012$ 2,509,230$ 2,677,518$ 2,675,640$ 2,657,930$ 148,700$ 5.9%
Growth & Community Services LawEnforcement 4250 3,777,507$ 4,263,726$ 4,565,030$ 4,565,030$ 4,845,760$ 4,727,830$ 162,800$ 3.6% Engineering 4310 499,240 558,803 473,350 473,350 310,750 323,950 (149,400) -31.6% Planning 4410 870,127 834,052 1,044,950 1,107,323 832,350 1,061,150 16,200 1.6% PlanningCommission 4411 35,415 35,481 37,350 37,350 19,900 35,100 (2,250) -6.0% CodeCompliance 4415 674,548 805,603 749,750 749,750 754,250 602,700 (147,050) -19.6% BuildingandSafety 4430 667,397 628,016 533,190 533,190 556,310 512,190 (21,000) -3.9% PerformingArtsCenterOperations 4610 191,814 211,939 231,720 231,720 210,900 210,820 (20,900) -9.0% Total 6,716,047$ 7,337,618$ 7,635,340$ 7,697,713$ 7,530,220$ 7,473,740$ (161,600)$ -2.1%
Public Works/Facilities TrafficUtilities 4230 10,726$ 10,225$ 18,000$ 18,000$ 13,000$ 13,000$ (5,000)$ -27.8% AnimalRegulation 4260 38,774 58,290 60,300 60,300 57,100 58,400 (1,900) -3.2% StreetMaintenance&SnowRemoval 4320 1,971,950 2,212,087 2,215,900 2,215,900 1,942,640 2,064,000 (151,900) -6.9% VehicleMaintenance 4325 208,856 241,788 183,300 183,300 189,500 189,800 6,500 3.5% StreetLighting 4330 83,136 83,480 84,000 84,000 84,000 84,000 - 0.0% CityParkingLots/ChamberBuilding 4335 171,656 208,057 225,950 225,950 210,200 233,300 7,350 3.3% CityParks 4625 324,716 458,000 433,400 433,400 452,100 414,800 (18,600) -4.3% CivicCenter 4820 261,806 378,873 299,600 299,600 302,900 286,400 (13,200) -4.4% Total 3,071,621$ 3,650,800$ 3,520,450$ 3,520,450$ 3,251,440$ 3,343,700$ (176,750)$ -5.0%
Reserves/ Interfund Transfers ReplacementReserve 4831 -$ -$ 454,311$ 454,311$ -$ -$ (454,311)$ -100.0% GeneralFundTransfers 4850 1,620,025 1,058,110 1,082,300 2,374,817 2,264,423 120,300 (962,000) -88.9% Total 1,620,025$ 1,058,110$ 1,536,611$ 2,829,128$ 2,264,423$ 120,300$ (1,416,311)$ -92.2%
Grand Total 14,929,369$ 18,216,201$ 16,262,937$ 17,834,015$ 17,127,558$ 14,768,020$ (1,494,917)$ -9.2%
ATTACHMENT 3
Summary of Reserve Commitments Fiscal Year 2019-20 Fiscal Year 2020-21 General Fund (Fund 110) Projected Activity Budgeted Activity Beginning Projected Projected Balance Balance Balance 6/30/2019 Contributions Uses 6/30/2020 Contributions Uses 6/30/2021 Unrestricted Fund Balance: Committed Facility Reserve - Civic Center (1) ------Facility Reserve - Theatre (1) ------Contingency Reserve - Snow (2) 200,000 - - 200,000 - - 200,000 Contingency Reserve - Disaster (3) 493,414 - 72,400 421,014 - 306,570 114,444 Contingency Reserve - General (3) ------Replacement Reserve - Vehicle (4) 355,214 - 96,722 258,492 - - 258,492 Replacement Reserve - Equipment (4) 597,972 - 84,005 513,967 - - 513,967 Street Improvement Reserve (5) 683,919 - 562,098 121,821 - - 121,821 Total Committed 2,330,519 - 815,225 1,515,294 - 306,570 1,208,724
ATTACHMENT 4
Summary of Capital Projects Available Funds Available Funds
General Fund Sanitation Gas Tax Measure I CDBG
2019-20 2020-21 110 110 250 250 271 276 298 Projected Road US Dept of Carryovers Proposed Maintenance Measure I HUD County Account Project Appropriations Budget Fund Balance Reserves Fund Balance Reserves Rehab Acct Local Passthrough 350-4350-3545 Crack Sealing Project 27,300 ------350-4350-3571 Cougar/Sonoma Improvements 140,000 ------350-4350-3620 Street / Drainage Improvements - 826,443 - - 250,000 - 136,049 440,394 - 350-4350-3636 Moonridge Realign/Roundabouts 20,000 ------350-4350-3637 Stanfield "SMORE" Project 389,500 ------350-4350-3638 "SMORE" Division Creek Project 199,900 ------Total Street Improvements: 776,700 826,443 - - 250,000 - 136,049 440,394 - 321-4346-2925 Rathbun Creek Trail Phase 1B 377,800 ------321-4346-3667 Expand Village Parking Capacity 111,200 ------321-4346-3903 Repave Boulder Bay Park Trail 35,000 ------321-4346-3922 Civic Center ADA Compliance 87,000 32,195 ------32,195 321-4346-3932 Animal Shelter Improvements 117,200 ------321-4346-3945 Stanfield Connectivity Project 511,000 ------321-4346-3949 Replace Village Concrete Bench Tops 20,000 ------321-4346-3966 Network Upgrade 30,000 ------321-4346-3967 Alpine/Rathbun Extension 842,100 ------321-4346-3990 Castle Rock Trailhead 95,300 ------Total Other Capital Improvements: 2,226,600 32,195 ------32,195 321-4555-2240 Sanitation Infrastructure 750,000 350,000 - - 350,000 - - - - 321-4555-3990 Lift Station #1 Upgrade 76,600 ------Total Sanitation Improvements: 826,600 350,000 - - 350,000 - - - -
Total All Projects: 3,829,900$ 1,208,638$ -$ -$ 600,000$ -$ 136,049$ 440,394$ 32,195$
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager
SUBJECT: Proposed New City Organizational Structure
ACTION TO BE CONSIDERED
City Council will review a proposed new organizational structure for City government. If approved by Council, the new structure will be incorporated into the FY 20-21 City budget, and will be implemented in the coming weeks.
The proposed new structure is designed to reduce City payroll and contract expenditures, focus City resources on priority service areas, flatten the structure of the organization, and expand the City Manager’s span of control – to ultimately improve the efficiency and effectiveness of City services and enhance the quality of life for our residents, second home owners, investors, businesses, and visitors.
BACKGROUND
The FY 19-20 City budget includes a total of 56.6 authorized FTE positions. A total of 56 positions are full-time, and the City also employs a part-time planner (0.6). The current organizational structure includes the City Manager, a Director of Government Services (with the Business Services and Administrative Services functions under this Director), and a Development Services Director (with the Community Services and Public Works / Engineering functions under this Director). Prior to a recent retirement, the previous City Manager operated with a long-time Chief Operating Officer positioned between the City Manager and department director positions.
The current organizational structure includes a total of 12 positions under the Director of Government Services (including the Director) and 43.6 positions under the Director of Development Services (including the Director). The Director of Government Services oversees a wide variety of administrative functions, including official records, finance, human resources, tax collection, information technology, transient private home rental permits, and more. The Director of Development Services oversees a wide variety of development and field services, including street maintenance, recreation facilities, buildings and grounds, wastewater collection, storm water management, refuse collection, planning, zoning, building code compliance, code enforcement (including transient private home rental enforcement), emergency services, and engineering.
In addition to the 56.6 authorized positions, the City also operates with approximately $321,000 of overtime expense and approximately $400,000 of professional services contracts to provide services to our community. DISCUSSION
The proposed new organizational structure includes a total of 55.6 authorized FTE positions, a net decrease of 1 FTE position. The proposed new structure includes 5 departments reporting directly to the City Manager: City Clerk, Administration, Public Services, Tourism Management, and Planning & Inspections. Additionally, due to the somewhat fragmented structure of local government in our area, the proposed new structure recognizes the important relationships the City has with other local government service providers in the Big Bear Valley. The proposed new structure outlines the key relationships with the San Bernardino County Sheriff (direct report to City Manager), the Big Bear Fire Department (close coordination with City Manager), the Municipal Water District (close coordination with City Manager), Big Bear Disposal (direct report to Public Services Director), Big Bear Area Regional Wastewater Agency (close coordination with Public Services Director), Department of Water and Power (close coordination with Public Services Director), and Visit Big Bear (close coordination with Tourism Management Director).
As noted, the proposed new organizational structure is designed to achieve four key goals, as follows:
Reduce City payroll and contract expenditures
The proposed new organizational structure includes a net decrease of 1 FTE position (vacant City Engineer position), reclassifies the vacant Community Services Director position to the proposed new Tourism Management Director position, reduces overtime expenses, and reduces the City’s reliance on contracted professional services. Overall, the proposed new organizational structure reduces annual recurring expenditures across all funds by nearly $600,000. Approximately $450,000 of these expenditures are General Fund expenditures, and approximately $150,000 are in the City’s other operating funds. These savings are helpful at any time, but especially now with significant COVID-19 budget impacts anticipated in the coming year.
Focus City resources on priority service areas
Most importantly, the proposed new organizational structure intentionally places greater emphasis on priority services areas – notably the management of tourism-related impacts on our community, enhanced public information efforts, and long-term planning efforts.
The most significant change is the creation of a Tourism Management Department. The creation of this new department elevates the significance and profile of the City’s services that are aimed at maintaining a healthy, harmonious, and respectful balance between tourism impacts (both positive and negative) and residential quality of life in Big Bear Lake. The new department will be responsible for coordinating all City activities that support the tourism industry in Big Bear Lake, serving as the key City liaison with special event organizers in Big Bear Lake, serving as the key City liaison with Visit Big Bear, managing the vacation rental permitting and enforcement program, collecting transient occupancy tax and TBID assessments, serving as a liaison with other governmental entities in managing tourism impacts, and working with other stakeholders on tourism issues. I expect that the Tourism Management Director will work closely with me to further strengthen the partnership between the City and Visit Big Bear, and, as noted above, the proposed new structure includes direct coordination between the Tourism Management Director and the CEO of Visit Big Bear.
As is the case in any tourism-dependent community, there is sometimes tension between tourism and residential quality of life, and the reality is that all parties in our community enjoy a much higher quality of life as a result of tourism. Many of our residents likely made their first trip to Big Bear Lake as a “tourist” or “visitor”, and ultimately were fortunate to be able to make this special place their permanent home. The significant influx of tourists into our community provides financial resources to make our community more desirable for both residents and visitors, and also creates business opportunities for our residents as well as an expanded range of business services for our residents to enjoy year-round. At the same time, tourism sometimes leads to significant traffic issues and neighborhood nuisances, and the City’s role (and value) is in effectively managing this dynamic to create and maintain a harmonious community of people who truly enjoy all aspects of life in our mountain paradise. The establishment of the proposed Tourism Management Department reflects a greater focus on these issues, and hopefully communicates to all 5 of the City’s customer groups (residents, second home owners, investors, businesses, and visitors) that we sincerely value each one of them, and that we fully recognize that our community’s success is dependent on maintaining the right balance among those customer groups.
As illustrated by the launch of the new Elevation 6752’ monthly newsletter, the activation of various social media accounts, and the City’s daily COVID-19 updates, public information is a high priority for me in my role as City Manager. The new structure is proposed with an eye toward future public information efforts, including greater use of video, with an expectation that staff in the City Clerk Department will assist me in further enhancing our public information efforts. It should be noted that the proposed new organizational structure also contemplates relocating all City Clerk and Administration staff to the 2nd floor of City Hall to provide greater proximity of these key functions to the City Manager.
Finally, the proposed new structure includes the establishment of a Planning & Inspections Department. The City will soon embark on significant long-term planning efforts, including an update of the Housing Element and the General Plan, and I view these efforts as critical to refining the long-term vision of this community. Because of the critical nature of these long-term planning efforts and the profound and obvious impact that new development has on the aesthetics and function of our community, I want to place appropriate emphasis on planning functions going forward.
In the end, the key to managing a successful city or town is to make sure that the City a) correctly assembles and understands the community’s overall vision, b) allocates and organizes its resources toward its highest priorities, c) that all of the pieces of the “puzzle” fit together well and complement each other, d) that effective communication occurs within the organization and to our customers, and e) that our staff is committed to excellent customer service, and is always more focused on our customer’s needs than our own. I believe the proposed new organizational structure promotes these ideals, and will enable me to more effectively and efficiently lead the City organization in the future.
Flatten the structure of the organization
The proposed new organizational structure essentially eliminates the layer between the City Manager and the “division-level” managers (City Clerk, former Director of Community Services, former City Engineer, Planning Director), and elevates the City Clerk, Tourism Management Director, and Planning & Inspections Director to a “department head-level” management position. The new structure includes the City Manager and 5 department head-level managers that will form the core management and leadership team for the City.
Expand the City Manager’s span of control
The proposed new organizational structure increases the City Manager’s direct reports (technically) from 2 to 5, and will provide a broader management and leadership team for the City organization. The expansion of this team to 5 individuals will promote the sharing of additional perspectives and expertise in management decisions, and hopefully result in an even more thoughtful approach in the future.
Importantly, Council should note that the new structure includes the designation of an “Emergency Management Team” that consists of the City Manager, the Sheriff’s Captain in charge of law enforcement in Big Bear Lake (the equivalent of our Police Chief), and the Big Bear Fire Chief. In a traditionally organized City government, I would rely most heavily on the insights and expertise of our law enforcement and Fire / EMS leaders when confronted with a significant public emergency, and the new structure seeks to formally define this approach for the City. We have utilized this approach throughout the current COVID-19 issue, I am pleased with the City’s relationship with Captain Dattilo and Chief Willis, and expect to continue to utilize this model in the future.
Council should note that the proposed new structure includes two vacant positions – the Tourism Management Director and the Planning & Inspections Director. If Council approves the new structure, I expect to begin recruiting for the Tourism Management Director in the near future, with a goal to recruit an effective leader with (ideally) both local government and hospitality industry experience. The selection of this individual will likely be among my most important selections during my tenure in Big Bear Lake, and I expect to complete a thorough recruitment and selection process, with a goal to have the new individual in place by the end of the summer or beginning of the fall. I do not expect to fill the Planning & Inspections Director position immediately, due in part to anticipated COVID-19 budget impacts. My intent is to keep this position frozen for some indefinite period of time, and continue to rely on the services of an Interim Planning & Inspections Director.
Finally, Council should note that the reduction in overtime expense and contracted professional services is not expected to impact service quality. In fact, I am hopeful that service quality will be enhanced by relying more on our own full-time employees, most of whom live in the community and have a greater bond with the community and our customers, rather than contractors. The proposed FY 20-21 budget will still include more than $250,000 for strategic professional services provided by contractors and consultants, and we will continue to assess the efficiency and effectiveness of these contracts in the future.
FISCAL IMPACT
As noted earlier, the proposed new structure is expected to reduce FY 20-21 expenditures by nearly $600,000. This amount reflects approximately $400,000 in reduced salary, benefit, and overtime expenses, and approximately $200,000 in reduced professional services contract expenditures.
Council should also note that I am currently working with Visit Big Bear to hopefully secure funding through the TBID (tourism business improvement district) to offset the annual cost of the proposed new Tourism Management Department, and I am hopeful that significant additional revenues will accrue to the City in future budget years. I expect to present a recommendation regarding the TBID renewal, and potential additional funding, in the next few months.
RECOMMENDATION
For all of the reasons outlined above, I recommend that Council approve the proposed new organizational structure. I look forward to discussing this proposal with the Council at your April 27 meeting.
Attachments: 1. Proposed New City Organizational Structure 2. City Organizational Structure – January 2020
ATTACHMENT 1
CITY OF BIG BEAR LAKE Proposed Organizational Chart Department Directors / Management Team Frank A. Rush, Jr., City Manager BLACK City department / employee - direct line oversight April 27, 2020 RED City contract / franchisee - direct line oversight CITIZENS OF BIG BEAR LAKE PURPLE Autonomous agency - significant coordination BLUE Emergency Management Team - City Manager, Fire Chief, Sheriff ______Direct line oversight CITY ATTORNEY CITY COUNCIL PLANNING COMMISSION _ _ _ _ _ Significant coordination Stephen Deitsch
1 CITY MANAGER Emergency Management Team Frank A. Rush, Jr.
FIRE SHERIFF MWD Chief Jeff Willis Captain Mitch Dattilo Mike Stephenson
4 5 31 5 9.6 CITY CLERK ADMINISTRATIONReception / AP PUBLIC SERVICESAdmin TOURISM MANAGEMENT Admin PLANNING & INSPECTIONS Erica Stephenson Kelly Ent Mendy Jackson John Harris Katya Meyer Vacant Charlotte Bothwell Vacant Becky Romine
Admin / Public Info HR / Payroll Finance IT / Purchasing / PAC Public Works SOLID WASTE TPHR Permit / Admin Code Enforcement Planning & Zoning Chief Bldg Official Rebecca Cannon Bonnie Canty Jeanette Prickett Christine Bennett Kevin Sebourn Big Bear Disposal Sara Lopez Jim Dubuque Janice Etter Steve Raney Marcel Westphal Ruth Lorentz - 0.6 TOT Collection / Admin Andrew Mellon Risk Mgmt / Public Info Admin Engineering Laura Knotts Nathan Castillo Building Inspector Rachel Bowman Pola Durban Jacky Chan Tim Shields Israel Gomez VISIT BIG BEAR Business Licenses Public Works Public Works Michael Perry Tammy Rawlings Jared Cheek Jason Watterson
Total FTE Proposed: 55.6 BBARWA Performing Arts Ctr Public Works Staff David Lawrence Total FTE - FY 19-20 Budget 56.6 Jeff Butz Domingo Rojas Tony Valdez Bob Lawyer David Misak DWP NOTES: Brys Kuntz Alejandro Negrete Reggie Lamson * reduces overall City expense Javier Navarrette Terry Huefner * eliminates City Engineer position Socorro Negrete Sara Humphrey * eliminates Community Services Director David Wagner Frank Gerlette * eliminates contract Willdan employee Harry Takenaka Sam Salmas * reduces Code Enforcement overtime Ryan Masterpol Robert Wedge * consolidates event management services James Berge Michael Childers * future - shift expenses to TBID and/or seek TBID Carlos Navarro Jose Servin funding for Tourism Management Department Jeremy Estrada Matthew Segovia Cynthia Valenzuela
ATTACHMENT 2
CITIZENS OF BIG BEAR LAKE
City Council Mayor Rick Herrick CITY OF Mayor Pro Tem Randall Putz Councilmember Dave Caretto BIG BEAR LAKE Councilmember Bob Jackowski California Councilmember Bill Jahn ORGANIZATIONAL CHART January 2020 CITY MANAGER Planning Commission Frank Rush Tim Breunig Paul Senft Maureen Auer Bynette Mote Director of Director of Jeff Holoubek Government Services Development Services Director of Kelly Ent John Harris ĚŵŝŶŝƐƚƌĂƟǀ Ğ^Ğƌǀ ŝĐĞƐ Erica Stephenson
Human Finance Building & Resources City Clerk Safety Public Works Planning Engineering
Intergovernmental Accounts ^ĂŶŝƚĂƟŽŶ & Community Payable ZĞůĂƟŽŶƐ /ŶĨŽƌŵĂƟŽŶ Building & Street Technology Safety Maintenance Risk Management Accounts Receivable
Payroll Procurement Code Parks & Compliance &ĂĐŝůŝƟĞƐ dKdZĞŐŝƐƚƌĂƟŽŶ Film Services & Compliance Performing Emergency Arts Center Services TPHR ZĞŐŝƐƚƌĂƟŽŶ ZĞĐĞƉƟŽŶΘ Refuse Cashier Business Licenses
MEETING DATE: April 27, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager
SUBJECT: COVID-19 Update, Next Steps?
ACTION TO BE CONSIDERED
The City Council will receive an update from City staff regarding the current status of COVID-19 in Big Bear Lake and the City’s response, and will also review a potential strategy for our community to move forward in the coming weeks and months. City Council is also asked to appoint a special, broad “ad hoc” committee to advise the City on the path forward with regard to the expansion of business activities and the return of visitors.
BACKGROUND
Like nearly every other community, the City has been dealing with the COVID-19 threats for the past several weeks. City staff have been working and continue to work hard to keep our residents safe and healthy, and continue to coordinate regularly with public health officials, other governmental agencies, community leaders, and other stakeholders.
The City first became engaged on COVID-19 in late February when the threats were still perceived to be manageable by Federal and State leaders. The COVID-19 threat escalated significantly in the United States and California on March 12, and the City has essentially been in emergency operations mode since that time. Since March 12, multiple daily meetings and briefings have been occurring, additional planning and preparation has occurred and continues, local testing has been conducted, significant public communications efforts have been implemented, additional sanitizing efforts have occurred, City business interactions have been adjusted, and increasingly stringent restrictions have been placed on the public in the United States, California, San Bernardino County, and Big Bear Lake.
As of April 24, the following restrictions on the public remain in place in the City of Big Bear Lake:
everyone in Big Bear Lake is directed to "shelter in place", especially those age 65 and older and those who are especially vulnerable to COVID-19, however, travel is permitted for work and to conduct personal business,
face coverings must be worn when interacting with others out in the community,
grocery stores, drug stores, and other essential retail and service businesses may operate,
construction and repair activities may continue,
bars, nightclubs, movie theaters, gyms, bowling alleys, ski areas, snow play areas, and other non-essential businesses may not operate,
restaurants are closed for in-restaurant seated dining, however, take-out and delivery services are permitted,
lodging and vacation rentals may no longer operate, except for very limited situations,
second home owners are permitted to occupy their own homes, provided they abide by all current restrictions and recommendations,
non-essential group gatherings of any size are prohibited, including commercial establishments, churches, community groups, and other formal and informal group activities,
the lake remains closed to boating activities,
isolated, outdoor exercise is permitted, including walking a dog, and
City parks and the Alpine Pedal Path remain open, however, these facilities should be enjoyed by one’s self or with their small family group, and users should avoid close contact with others.
It is important to note that the current restrictions were established by Governor Newsom and San Bernardino County public health officials, and the City is implementing and enforcing these restrictions within the City limits. It is also important to note that any adjustments to these restrictions may only be made by the Governor and/or San Bernardino County, and/or through future delegation of authority to the City.
To date, Governor Newsom has only made minor adjustments to State-wide restrictions, although he appears to be moving closer to more significant adjustments in the coming weeks. San Bernardino County officials recently announced minor adjustments, including allowing golf courses and boating activities on the lake. Additionally, an increasing number of California counties and cities with relatively low incidence of COVID-19 are either challenging the Governor’s restrictions or actively questioning and lobbying for significant adjustments or local flexibility.
The City does not currently have the authority to relax any of these restrictions, however, I remain hopeful that the Governor and/or the County will soon provide helpful flexibility to the City to adjust these restrictions as our City deems best based on local conditions and the unique geography of Big Bear Lake.
As of April 24, there are a total of 5 confirmed cases in the City of Big Bear Lake and 2 confirmed cases in unincorporated areas of the Big Bear Valley. There are 1,608 cases in San Bernardino County, and a total of 14,885 people have been tested, with 10.8% of those tested yielding a positive result and a confirmed case. It is at least somewhat encouraging that only ~10% of those tested are confirmed to have COVID-19. The County recently conducted a drive-thru testing event in Big Bear Lake on April 17, and specimens were collected from 229 individuals. Aggregate test result data was received from the County on April 22, and, thankfully, only 1 of these 229 individuals tested positive.
A key concern for leaders at levels, including Governor Newsom and San Bernardino County, is the ability of our healthcare system to adequately address COVID-19 cases. As of April 19, the overall County healthcare system is operating with sufficient capacity, with limited and relatively stable numbers of hospitalized COVID-19 patients (approximately 300 – 400 per day during the entire month of April) and adequate ventilator supply (a total of 836 available, with approximately 300 – 350 in use per day during the entire month of April). Locally, in the Big Bear Valley, Big Bear Fire / EMS continues to experience low call volumes, well below typical volumes for this time of year, and is well-stocked with PPE. Bear Valley Community Hospital has relocated patients from its skilled nursing facility to an alternative, off-site location, resulting in more than 30 hospital beds routinely available at the hospital. Bear Valley Community Hospital also consistently reports lower than typical patient loads, and is equipped with 7 ventilators locally.
The City has been awarded a $100,000 Community Development Block Grant for COVID-19 efforts. There appear to be significant limitations on these funds, and City staff are currently exploring two potential options for these funds to benefit our community: a) a potential antibody testing program for either the entire Big Bear Lake (City limits only) population OR Big Bear Valley healthcare / first responder / public / institutional employees, and b) a small business loan program. City staff and others continue to develop these two ideas, and I hope to present more information to City Council at the April 27 meeting. I also welcome any other helpful ideas that Council may have for the expenditure of these funds. It should be noted that grant applications are tentatively due on May 4, so time is of the essence.
Overall, Big Bear Lake (and the entire Big Bear Valley) has been relatively fortunate, with a relatively low incidence of COVID-19 in our community, thanks to the diligent efforts of our residents and businesses over the past several weeks. I believe the State and County orders, our community’s diligence, and our somewhat isolated geography have all contributed to our low incidence, and it’s obviously in everyone’s best interest to prevent additional spread of COVID- 19 in our community. While we have been fortunate in generally holding COVID-19 at bay in our community, many of our businesses and residents are suffering significant and long-lasting economic harm. For some, this economic harm may morph into other negative social and relationship impacts, and perhaps even different forms of physical harm. We are now nearly 7 weeks into the significant disruption of society from COVID-19 in California, and the economic toll is mounting. Considering the relatively low incidence of COVID-19 in our community, many are seeking to adjust the restrictions in place and resume more normal activities. Additionally, the absence of any semblance of a timeline contributes to even greater anxiety in our community. Perhaps just knowing that there’s a light at the end of the tunnel (regardless of how faint or uncertain it may be) would be helpful as we continue to manage this unprecedented crisis.
I continue to direct the City organization with a primary goal of keeping our residents safe and healthy, and will continue this emphasis in the coming weeks and months, However, as this issue continues to evolve, I am increasingly more focused on the City’s economic and social recovery,
and I have been spending more and more time discussing and contemplating a strategy to gradually, incrementally, thoughtfully, and safely return the community to some sense of normalcy in the coming weeks and months.
DISCUSSION
In my judgment, it is now time for the City to begin taking the initial steps toward economic and social recovery – gradually, incrementally, thoughtfully, and safely. Essentially, I believe we are ready to start taking “baby steps”. As noted, however, the City does not currently have this authority. I remain hopeful that the Governor and/or the County will soon provide flexibility to the City to implement its own strategy in the near future, and I anticipate that some form of adjustments are forthcoming in late April or early May.
I am a firm believer that we (collectively, all of us – the Council, the staff, and our community) are better equipped to gauge local conditions, thoughtfully consider ALL local concerns, and chart a reasonable and responsible path forward for OUR community than the Governor or the County. I am 100% confident that we (collectively, all of us) can figure this out for OUR community, and strike the appropriate balance now and as this issue continues to evolve in the future.
As such, assuming the Governor and San Bernardino County provide the necessary flexibility, and, importantly, assuming that we continue to experience a relatively low incidence of COVID- 19 in our community, I present the following framework for City Council to consider and discuss on April 27, and to hopefully promote additional discussion and dialogue by others in our community:
Fundamental Considerations for Implementation of Revised Restrictions:
The adjustments should be gradual, incremental, thoughtful, and safe.
The adjustments should balance all aspects of this issue and all community concerns, including medical, scientific, economic, financial, social, and political concerns. Decisions should not be based solely on one aspect or concern, as it’s simply not that simple when making a collective decision.
The very first adjustment should be the elimination of the stay-at-home order, to simply enable our residents to move more freely around the community.
The most vulnerable residents of our community (over age 65, significant other health issues, compromised immune systems) should continue to be advised to take appropriate precautions and limit their interactions with others to the maximum extent practical.
Social and physical distancing requirements, disinfection procedures, limits on group gatherings, face coverings, and proper hygiene must be included in every incremental adjustment. Our residents, businesses, and visitors must diligently commit to honoring these requirements, and proper messaging and social pressure will be vital.
Various business and industry groups, including a local Big Bear group, continue to develop “best practices” for specific activities, and these “best practices” should be included (and refined) in every incremental adjustment.
Restrictions imposed at various stages should regulate personal and business behavior, and specifically not seek to dictate which businesses may operate and which businesses may not operate. Different businesses will operate safely based on their diligent adherence to behavioral restrictions and adherence to best practices, and not based on what type of product or service they offer. For example, a grocery store that does not operate with proper restrictions on behavior is likely to be far less safe than a gift shop that diligently enforces behavioral restrictions.
Business activities that involve direct physical contact between the employee / provider and the customer / patient (doctor offices, dental offices, hair salons, tattoo parlors, and nail salons) should implement additional, special procedures and restrictions specifically determined by licensing boards and/or health officials.
The responsibility for operating safely should be placed firmly upon the business, and smart businesses will recognize that their customers will demand (and reward) those businesses that operate safely. Additionally, restrictions should be structured such that the business is legally liable for ensuring compliance rather than local government. Consideration must also be given to the limited local and law enforcement resources available for enforcement.
To the extent possible, restrictions should be as simple and straightforward as possible to promote effective messaging, accurate understanding, strict compliance, and community cohesion. Complexity breeds confusion, and confusion breeds conflict.
The City must be willing to re-institute more stringent restrictions if necessary to protect public health and safety. Rigid triggers should not be established, one way or the other, but rather the City should reserve the right to re-institute more stringent restrictions as nimbly and quickly as possible as may be necessary in the future.
Bear Valley Community Hospital should continue to care for skilled nursing facility patients at its alternative, off-site location to maintain maximum local hospital capacity.
Phase I – “Community Opening” - Target Period: Early May
Key Assumptions: continuing low incidence of COVID-19, adequate healthcare system capacity, and consent from Governor Newsom and San Bernardino County.
Eliminate stay-at-home order, and simply enable our residents to move more freely around the community.
o Group gatherings limited to household members only. o Maintain effective physical and social distancing in all interactions. o Most vulnerable residents advised to take appropriate precautions and limit their interactions with others to the maximum extent practical.
Allow all businesses (no distinction between types of business activities – retail, restaurant, service, entertainment, recreation all permitted) and churches in Big Bear Lake to operate, with exception of lodging and vacation rental accommodations.
o All businesses and churches limited to 25% of typical occupancy, as per established and posted occupancy limits. o All businesses and churches required to staff entrance to maintain 25% occupancy threshold, instruct patrons regarding other restrictions. o Patrons must maintain effective physical and social distancing from all patrons and employees during all aspects of transaction / experience. o Food establishments permitted to operate take-out, delivery, and at 25% of permitted occupancy, with in-restaurant seating limited to every 4th table. o Installation of hand washing stations or hand sanitizing stations, or immediate direction to restroom when entering establishment. o Implement business and industry “best practices”, recommended disinfection procedures and frequency. o Implement appropriate protections for employees. o Face coverings required for all activity, except while eating and/or drinking.
Courtesy checkpoint manned by SBC Sheriff and/or CHP at 3 entrances to Big Bear Valley.
o Not intended to check ID, prevent visitors from entering valley, or enforce typical motor vehicle regulations (unless egregious violations and/or immediate safety concern). o Mission is to provide courtesy explanation about physical and social distancing, face coverings, and proper hygiene. Ask if individuals have face coverings, discourage inappropriate behavior, explain the critical need for responsible behavior to keep our community safe and allow for continued visitation in the future.
Phase II – “Limited Overnight Visitation” - Target Period: Mid-May
Key Assumptions: reasonable success of Phase I, continuing low incidence of COVID- 19, adequate healthcare system capacity, and consent from Governor Newsom and San Bernardino County.
Continued free movement in the community.
o Group gatherings limited to groups of 5 only, unless from same household or family unit. o Maintain effective physical and social distancing in all interactions. o Most vulnerable residents advised to take appropriate precautions and limit their interactions with others to the maximum extent practical.
Allow all businesses (no distinction between types of business activities – retail, restaurant, service, entertainment, recreation all permitted) and churches in Big Bear Lake to operate, including professionally / locally-managed lodging and vacation rental accommodations.
o All businesses and churches limited to 50% of typical occupancy, as per established and posted occupancy limits. o All businesses and churches required to staff entrance to maintain 50% occupancy threshold, instruct patrons regarding other restrictions. o Patrons must maintain effective physical and social distancing from all patrons and employees during all aspects of transaction / experience. o Food establishments permitted to operate take-out, delivery, and at 50% of permitted occupancy, with in-restaurant seating limited to every other table. o Installation of hand washing stations or hand sanitizing stations, or immediate direction to restroom when entering establishment. o Implement business and industry “best practices”, recommended disinfection procedures and frequency. o Implement appropriate protections for employees. o Face coverings required for all activity, except while eating and/or drinking.
Professionally / locally-managed lodging and vacation rental accommodations permitted to operate.
o Limited to 50% of maximum occupancy, as per room census or # of managed vacation rental units, at any given time. o Guests must be members of same household or family unit. o Guests must adhere to all physical and social distancing restrictions, limits on group gatherings, face coverings, and proper hygiene. o Managers of lodging and vacation rental accommodations specifically required to register with the City and provide mobile phone contact information to City enforcement staff prior to operating. Primary goal is to maintain effective and immediate communications and immediate remedy of any non-compliance. o Implement business and industry “best practices”, recommended disinfection procedures and frequency.
o Managers / owners required to properly educate guests prior to arrival. o City enforcement staff granted immediate eviction authority for violations of restrictions. o Self-managed vacation rental accommodations not yet permitted to operate.
Courtesy checkpoint manned by SBC Sheriff and/or CHP at 3 entrances to Big Bear Valley.
o Not intended to check ID, prevent visitors from entering valley, or enforce typical motor vehicle regulations (unless egregious violations and/or immediate safety concern). o Provide courtesy explanation about physical and social distancing, face coverings, and proper hygiene. Ask if individuals have face coverings, discourage inappropriate behavior, explain the critical need for responsible behavior to keep our community safe and allow for continued visitation in the future.
Phase III – “Expanded Overnight Visitation” - Target Period: Early June and Beyond
Key Assumptions: reasonable success of Phase II, continuing low incidence of COVID- 19, adequate healthcare system capacity, and consent from Governor Newsom and San Bernardino County.
Continued free movement in the community.
o Group gatherings limited to groups of 10 only, unless from same household or family unit. o Maintain effective physical and social distancing in all interactions. o Most vulnerable residents advised to take appropriate precautions and limit their interactions with others to the maximum extent practical.
Allow all businesses (no distinction between types of business activities – retail, restaurant, service, entertainment, recreation all permitted) and churches in Big Bear Lake to operate, including all lodging and vacation rental accommodations.
o All businesses and churches limited to 50% of typical occupancy, as per established and posted occupancy limits. o All businesses and churches required to staff entrance to maintain 50% occupancy threshold, instruct patrons regarding other restrictions. o Patrons must maintain effective physical and social distancing from all patrons and employees during all aspects of transaction / experience. o Food establishments permitted to operate take-out, delivery, and at 50% of permitted occupancy, with in-restaurant seating limited to every other table.
o Installation of hand washing stations or hand sanitizing stations, or immediate direction to restroom when entering establishment. o Implement business and industry “best practices”, recommended disinfection procedures and frequency. o Implement appropriate protections for employees. o Face coverings required for all activity, except while eating and/or drinking.
All lodging and vacation rental accommodations permitted to operate.
o Limited to maximum occupancy, as per room census or vacation rental permitted occupancy, at any given time. o Guests must adhere to all physical and social distancing restrictions, limits on group gatherings, face coverings, and proper hygiene. o Implement business and industry “best practices”, recommended disinfection procedures and frequency. o Managers / owners required to properly educate guests prior to arrival. o City enforcement staff granted immediate eviction authority for violations of restrictions.
Future Phases – To Be Determined
City Council should note that this proposal is essentially a “straw man” to stimulate productive discussion, and can and should be adjusted, at any time and in any way deemed best by City Council and/or to conform with evolving State and County restrictions.
The proposal was thoughtfully crafted based on input from ALL segments of our community in recent weeks, and is carefully structured to achieve a reasonable and responsible balance of community interests. This proposal, however, should be thoroughly reviewed and refined as necessary or desired.
In an effort to ensure the inclusion of broad community perspectives, I am requesting that City Council, at the April 27 meeting, appoint a special ad hoc committee to review, refine, adjust, and improve upon this proposal. I recommend this committee include only a manageable number of 9 members, allow for meaningful public input, and that this committee move nimbly and quickly, with the first meeting conducted during the week of April 27. The committee will be subject to all applicable Brown Act provisions.
Recommended committee members include the following:
2 members of the City Council,
1 member representing the lodging industry, who also resides in the City limits,
1 member representing the vacation rental industry, who also resides in the City limits,
1 member representing the restaurant industry, who also resides in the City limits,
1 member representing the recreation industry, who also resides in the City limits,
1 member representing the retail industry, who also resides in the City limits, and
2 at-large residents of Big Bear Lake. This committee would meet as necessary, initially via ZOOM or telephone conference, and would be staffed by the following individuals:
Frank A. Rush, Jr., City Manager,
Ellen Clarke, Big Bear Chamber of Commerce,
John Friel, Bear Valley Community Hospital, and
Michael Perry, Visit Big Bear. The first meeting of this committee would be scheduled for Wednesday, April 29 at 9 am via ZOOM.
It should be noted that the success of this proposal, or any similar proposal, will be absolutely dependent on maximum cooperation from all segments of our community – our residents, second home owners, investors, business, and visitors – and it will be critical to provide the proper messaging, with the right tone, and with continually reinforced social pressure by all parties. The last thing ANYONE wants is to make the COVID-19 issue worse, and / or prolong the economic and social harm. If, however, it ultimately becomes necessary to re-institute more stringent restrictions, City Council should be prepared to do exactly that, and to act nimbly and quickly as required.
FISCAL IMPACT
Implementation of this proposal, or something similar, will continue to require significant City staff time to plan, implement, and enforce, however, we anticipate these activities occurring during regularly scheduled hours for which employees are already compensated.
The cost to staff each of 3 checkpoints with 2 SBC Sheriff deputies, 24 hours per day, is approximately $11,500 per day, or approximately $80,500 per week. The City would need to identify funding for this activity, and would also seek a contribution from San Bernardino County (coordination with the County, Caltrans, and others will be essential) for this activity. I believe the City’s expense would ultimately be eligible for FEMA reimbursement.
RECOMMENDATIONS
City Council should provide feedback and direction as warranted regarding a) the City’s planned CDBG grant application, and b) the proposal outlined herein.
City Council should also appoint 9 individuals to the proposed new ad hoc committee to specifically review, refine, adjust, and improve upon the proposal outlined herein.
Council should note that I fully recognize that some in our community will be very pleased with the proposal, some in our community will be very displeased with the proposal, and that nearly everyone will have their own opinion or idea about each of the specific provisions included in the proposal. That’s understandable, and I have no illusion that Council will direct us to implement the proposal as outlined herein. The intent of the proposal is initiate this process, promote constructive dialogue, and provide a framework for the committee to develop a broad, community- based recommendation to the City Council. For the sake of our entire community, I believe we need to begin to move forward now.
These are times unlike any other in our lifetimes, everyone (and everywhere) is impacted in some negative way, health fears are valid and real, frustration is building, and emotions are running high. I have listened intently to every single comment, suggestion, and criticism from everyone I’ve encountered in our community in recent weeks, and I have tried to craft the proposal to balance all of the concerns expressed. I know, however, that will not be good enough for some, and I simply encourage everyone in our community to first take a step back, and truly consider the other’s perspective as we work through this crisis. The reality is that we are all hurting right now, and we need to work together to pull through this crisis.
I look forward to discussing these issues with City Council at the April 27 meeting, and to working with the new committee in the coming days and weeks.