CITY OF BIG BEAR LAKE CITY COUNCIL MEETING AGENDA February 25, 2019 Closed Session – 5:15 p.m. – Executive Conference Room Regular Session - 6:30 p.m. – Hofert Hall _______ ______________________________________________________________________ COUNCILMEMBERS MAYOR RANDALL PUTZ MAYOR PRO TEM RICK HERRICK COUNCILMEMBER DAVID CARETTO COUNCILMEMBER BOB JACKOWSKI COUNCILMEMBER BILL JAHN CITY STAFF CITY MANAGER JEFF MATHIEU CITY ATTORNEY STEVE DEITSCH DIRECTOR OF GOVERNMENT SERVICES KELLY ENT DIRECTOR OF DEVELOPMENT SERVICES JOHN HARRIS CITY CLERK ERICA STEPHENSON ____________________________________________________________________________ OPEN SESSION CLOSED SESSION PUBLIC COMMUNICATIONS Any member of the public is entitled to speak on Closed Session Agenda items. If you wish to address any other items listed on the Agenda, you must do so during Open Session. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Government Code Section 54956.9(d)(1) Name of Case: California Department of Finance v. City of Big Bear Lake, et al Court and Case No.: Sacramento County Superior Court Case No. 34-2016-800002505 2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION pursuant to Government Code Section 54956.9(d)(1) Court and Case No.: California Public Utilities Commission Case No. A. 18-12- 019. Case Matter: In the matter of the Application of Golden State Water Company (U133W), Golden State Water Company on behalf of its Bear Valley Electric Service Division (U913E) and Bear Valley Electric Service, Inc. for authority to implement a corporate reorganization plan that will transfer the electric utility operations of Bear Valley Electric Service Division to Bear Valley Electric Service, Inc.
Negotiating Party: Bear Valley Unified School District
Under Negotiating: Price & Terms of Payment
No reportable action.
ANNOUNCEMENTS & UPCOMING EVENTS
City offices will be closed Monday, February 18, 2019 in observance of the Presidents’
Holiday. Offices will re-open Tuesday, February 19, 2019 at 8 a.m.
EVENT CALENDAR FOR THE PERFORMING ARTS CENTER For tickets please contact the box office at (909) 866-4970 or visit citybigbearlake.com
Big Bear Rotary Music Competition, February 16th, 6 p.m.
Big Bear AAUW Annual Eleanor Stern Allen Memorial Speech Contest, February 21st, 6 p.m.
PUBLIC COMMUNICATIONS
None.
1. CONSENT CALENDAR
City Council
Motion by Councilmember Jahn, seconded by Councilmember Caretto, to approve the
Consent Calendar as follows:
1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 1/17/19 THROUGH
1/30/19 IN THE AMOUNT OF $304,901.41
Approved.
1.2 APPROVAL OF MEETING MINUTES FROM THE JANUARY 28, 2019
REGULAR MEETING OF CITY COUNCIL
Approved.
Page 3
City Council Minutes
February 11, 2019
Successor Agency
1.3 THE CROSSINGS AT BIG BEAR LAKE 2017 COMPLIANCE REPORT
Agency consideration of receiving and filing the 2017 Compliance Report for The
Crossings at Big Bear Lake.
This item was removed from the Consent Calendar for further discussion.
The balance of the Consent Calendar was approved by the following vote:
AYES: Caretto, Jahn, Putz
ANOES: None
ABSTAIN: None
ABSENT: Herrick, Jackowski
ITEMS REMOVED FROM THE CONSENT CALENDAR
1.3 THE CROSSINGS AT BIG BEAR LAKE 2017 COMPLIANCE REPORT
Agency consideration of receiving and filing the 2017 Compliance Report for The
Crossings at Big Bear Lake.
Councilmember Caretto expressed that he has received various complaints
regarding the maintenance and management of the property, and asked how these
issues plan to be addressed.
City Manager, Jeff Mathieu, responded.
Councilmember Caretto asked for a formal report on the status of the property and
believes the City needs to monitor and stay on top of the issues that have been
brought to Council’s attention.
City Manager responded.
Councilmember Jahn commented on the variety of programs the property owners
discussed in their project proposal, and indicated that he would like to see if
promised activities are being implemented today.
City Manager responded.
Page 4
City Council Minutes
February 11, 2019
Motion by Councilmember Caretto, seconded by Councilmember Jahn, to receive and file
the report.
Said motion was approved by the following vote:
AYES: Jahn, Caretto, Putz
ANOES: None
ABSTAIN: None
ABSENT: Herrick, Jackowski
2. PUBLIC HEARING ITEMS
2.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
APPLICATIONS FOR PROGRAM YEAR 2019-2020
Council consideration, discussion and possible action regarding conducting a
public hearing, considering written and oral reports and public testimony regarding
making a recommendation to the San Bernardino County Economic Development
Agency (EDA) to fund one (1) program ADA Restroom Improvements to the
upstairs restrooms at the Civic and Performing Arts Center using the CDBG
allocation of $31,456; and by a separate motion recommending they fund eight (8)
local public service programs equally with a grant of $3,932 during the 2019-2020
CDBG funding cycle.
Janice Etter, Interim Planning Director, gave a presentation regarding the
Community Development Block Grant applications and distribution of funds for
the 2019-2020 funding cycle.
Councilmember Caretto inquired about last year’s allocation for the Performing
Arts Center downstairs restrooms, and asked whether the project has been
completed; asked for clarification if the new allocation for the restrooms is the same
project or two separate projects.
City Manager and staff responded.
Councilmember Jahn asked if there is a completion date for the downstairs
restrooms and if the City is under any threat of losing the awarded grant funds.
City Manager and staff responded.
Page 5
City Council Minutes
February 11, 2019
Councilmember Caretto commented on the number of times the City has
participated in the current CDBG program, and stated he believes it to be the most
appropriate way of distributing funds.
At the hour of 6:56 p.m., Mayor Putz opened the public hearing
Mason Perry, Lighthouse Project: Thanked Council on behalf of all non-profits receiving
grant funds and for Council’s continued support.
At the hour of 6:57 p.m., Mayor Putz closed the public hearing.
Motion by Councilmember Jahn, seconded by Councilmember Caretto, to approve staff’s
recommendation to the San Bernardino County Economic Development Agency (EDA) to
fund one (1) program ADA Restroom Improvements to the upstairs restrooms at the Civic
and Performing Arts Center using the CDBG allocation of $31,456.
Said motion was approved by the following vote:
AYES: Caretto, Jahn, Putz
ANOES: None
ABSTAIN: None
ABSENT: Herrick, Jackowski
Motion by Councilmember Caretto, seconded by Councilmember Jahn, to approve staff’s
recommendation and fund eight (8) local public service programs equally with a grant of
$3,932 during the 2019-2020 CDBG funding cycle.
Said motion was approved by the following vote:
AYES: Jahn, Caretto, Putz
ANOES: None
ABSTAIN: None
ABSENT: Herrick, Jackowski
2.2 DEVELOPMENT CODE AMENDMENT 2018-027
Council consideration, discussion and possible action regarding holding a public
hearing to consider written and oral testimony regarding Development Code
Amendment 2018-027; waiving first reading and passing to second reading of an
Ordinance to allow Accessory Dwelling Units in all residential zones (R-L, R-1, R-
3, VSP-R zones) and establish development standards in accordance with
Government Code Section 65852.2; and determining the Amendment is exempt
Page 6
City Council Minutes
February 11, 2019
from the California Environmental Quality Act (CEQA) pursuant to Section
15282(h) of the CEQA Guidelines.
Janice Etter, Interim Planning Director, presented the proposed Development Code
Amendment 2018-027.
Councilmember Caretto sought clarification on the restrictions of the Amendment
and the policies governing the approval of future Accessory Dwelling Units
(ADUs) as they relate to second homeowners; and inquired about possible
enforcement efforts; questioned how converting living spaces would affect the
need, if any, for additional utility meters, security measures, and parking
requirements.
Staff responded.
Councilmember Jahn asked if the City can enforce the minimum lot size
requirements and still be in compliance with state law; and addressed Council by
stating that he sits on the Regional Housing Needs Assessment Committee through
San Bernardino County Association of Governments’ (SCAG) and they are pushing
for ADUs to count against the City’s affordable housing allocation. He said he will
keep Council informed on what happens as that moves forward.
Councilmember Caretto inquired about how this Ordinance would affect studio
units.
Councilmember Jahn commented on the possibilities one can do with the
minimum/maximum square footage requirements.
Staff responded to Councilmember Jahn’s and Councilmember Caretto’s questions
and comments.
Mayor Putz asked if staff has an estimate of how many property owners can take
advantage of ADUs; inquired about “granny-flats”; sought clarification on the
effect of the TPHR Program; questioned what measures and mechanisms would be
taken to enforce the restrictions of the proposed Ordinance; asked if the Association
of Realtors are in support or opposition of ADUs; wanted to know if future changes
or amendments can be made; and expressed that he is encouraged by the possibility
that ADUs may help with the long-term rental market and help temper private home
rentals.
Staff responded.
Page 7
City Council Minutes
February 11, 2019
Councilmember Caretto expressed his concerns of how the City will enforce the
restriction of either the primary residence or ADUs being occupied by the property
owner; stated his weariness of the project and inquired about whether or not staff
will need to explain the City’s unique TPHR program in their submittal of the
Ordinance to the Department of Housing and Community Development (HCD).
Staff responded.
Councilmember Jahn suggested that the City create a list of all ADUs properties to
be used by the Code E nforcement Officers to track illegally used ADUs; inquired
about amendments to the proposed Ordinance and if they would first go to the
Planning Commission.
Mayor Putz asked about the approval process and when the Ordinance would
become effective; and asked about the number of people who have applied for an
ADU under the new state standards.
Staff responded.
At the hour of 7:41 p.m., Mayor Putz opened the public hearing, seeing no public comment,
he closed the public hearing.
Motion by Councilmember Caretto, seconded by Councilmember Jahn to introduce, waive
first reading and pass to the second reading of the following Ordinance entitled:
ORDINANCE NO. 2019-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA APPROVING
DEVELOPMENT CODE AMENDMENT 2018-027 ADOPTING AN ACCESSORY
DWELLING UNIT ORDINANCE (DEVELOPMENT CODE SECTION 17.25.210)
AND AMENDING TABLE 17.25.040.A PERTAINING TO ACCESSORY USES AND
STRUCTURES PERMITTED IN RESIDENTIAL ZONES, AND FINDING THE
AMENDMENT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
Said motion was approved by the following vote:
AYES: Jahn, Caretto, Putz
ANOES: None
ABSTAIN: None
ABSENT: Herrick, Jackowski
Page 8
City Council Minutes
February 11, 2019
CITY COUNCIL GENERAL ANNOUNCEMENTS & CITY BUSINESS
Board/Committee Reports
San Bernardino County Transportation Agency (SBCTA) Board Meeting on February 6,
represented by Councilmember Jahn.
League of California Cities Desert Mountain Division Board Meeting on February 8,
represented by Mayor Putz.
ADJOURNMENT
There being no further business to come before the Council at this session, Mayor Putz adjourned
the meeting at 7:48 p.m.
____________________________
Erica Stephenson, City Clerk
AGENDA REPORT
MEETING DATE: February 25, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
REVIEWED BY: Kelly Ent, Director of Government Services
PREPARED BY: Erica Stephenson, City Clerk
SUBJECT: AMEND THE DESIGNATION OF AUTHORIZED
AGENTS FOR FUTURE DISASTERS AND REPEAL
RESOLUTION NO. 2017-14
BACKGROUND
On June 12, 2017, City Council approved Resolution No. 2017-14 identifying City staff positions
that were authorized as agents on behalf of the City, for the purposes of executing State and
Federal disaster assistance request applications. The California Office of Emergency Services
(Cal OES) and Federal Emergency Management Agency (FEMA) require the submittal of
specific Public Assistance documentation from public agencies and jurisdictions requesting State
and Federal disaster assistance funds. Public Assistance documents must be executed by a Cal
OES and FEMA recognized City agent. Cal OES and FEMA requires the City to have a current
Designation of Applicant’s Agent Resolution for Non-State Agencies form (Attachment A) on
file with the state.
Staff is recommending that Resolution No. 2017-14 be repealed and an updated Resolution be
adopted in its place. At this time, we are recommending that the City Manager, Director of
Government Services, Director of Development Services and the Director of Community
Services be approved by the City Council as authorized agents for the execution of Cal OES and
FEMA Public Assistance documentation.
FISCAL IMPACT
There is no fiscal impact associated with adopting the attached Resolution.
RECOMMENDATION
It is recommended that Council repeal Resolution No. 2017-14 and approve Resolution No.
2019-XX designating the City Manager, Director of Government Services, Director of
Development Services, and the Director of Community Services as authorized agents for the
purposes of executing Cal OES and FEMA Public Assistance documentation.
Attachments:
A. Designation of Applicant’s Agent Resolution for non-state agencies
B. Resolution No. 2019-XX
Attachment A
STATE OF CALIFORNIA
Cal OES 130 (Rev.9/13) Page 1
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No:
Cal OES 130
DESIGNATION OF APPLICANT'S AGENT RESOLUTIONFOR NON-STATE AGENCIES
BE IT RESOLVED BY THE City Council OF THE City of Big Bear Lake(Governing Body) (Name of Applicant)
THAT City Manager , OR(Title of Authorized Agent)
Director of Government Services ,OR
(Title of Authorized Agent)
Director of Development Services ,OR
(Title of Authorized Agent)
Director of Community Services
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the City of Big Bear Lake a public entity(Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of EmergencyServices for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. StaffordDisaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the City of Big Bear Lake , a public entity established under the laws of the State of California,(Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disasterassistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s)_______________________
Passed and approved this 25th day of February , 2019
Mayor Randall Putz, Mayor Pro Tem Rick Herrick(Name and Title of Governing Body Representative)
Councilmember David Caretto, Councilmember Bob Jackowski(Name and Title of Governing Body Representative)
Councilmember Bill Jahn(Name and Title of Governing Body Representative)
CERTIFICATION
I, Erica Stephenson , duly appointed and City Clerk of(Name) (Title)
City of Big Bear Lake , do hereby certify that the above is a true and correct copy of a(Name of Applicant)
Resolution passed and approved by the City Council of the City of Big Bear Lake(Governing Body) (Name of Applicant)
on the 25th day of February , 2019.
(Signature) (Title)
Attachment B
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIGBEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA, AMENDING AUTHORIZED AGENTS FOR THEEXECUTION OF STATE AND FEDERAL DISASTERASSISTANCE REQUEST APPLICATIONS
WHEREAS, the City of Big Bear Lake, responds to numerous emergency responses resultingfrom earthquakes, storms/flooding, and other natural disasters; and
WHEREAS, the City of Big Bear Lake requests reimbursement from the Federal EmergencyManagement Agency (FEMA) and the Governor’s Office of Emergency Services (Cal OES) forthe City’s personnel, materials, and equipment expenses incurred during disaster related duties;and
WHEREAS, an authorized agent for the City of Big Bear Lake must then file the application inthe Office of Emergency Services for the purpose of obtaining certain federal financial assistanceunder P.L. 93-288 as amended by the Robert T. Stafford Disaster Relief and EmergencyAssistance Act of 1988, and/or State financial assistance under the natural Disaster AssistanceAct; and
WHEREAS, City Council adopted Resolution No. 2017-14 authorizing certain agents to providefor all matters pertaining to State and Federal disaster assistance; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Big Bear Lake, apublic entity established under the laws of the State of California, hereby repeals Resolution No.2017-14 and authorizes the City Manager, Director of Government Services, Director ofDevelopment Services, and the Director of Community Services as its’ agents to the State andFederal Offices of Emergency Services for all matters pertaining to such State and Federaldisaster assistance documentation as required.
PASSED, APPROVED AND ADOPTED this ___ day of February, 2019.
AYES:NOES:ABSTAIN:ABSENT:
Randall Putz, Mayor
ATTEST:
Erica Stephenson, City Clerk
Resolution No. 2019-XXPage 2
STATE OF CALIFORNIA )COUNTY OF SAN BERNARDINO ) ssCITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify thatthe whole number of the City Council of the said City is five; that the foregoing Resolution,being Resolution No. 2019-XX was duly passed and adopted by the said City Council andattested by the City Clerk of said City, all at a regular meeting of the said Council held on theXX day of February, 2019, and that the same was so passed and adopted by the following vote:
AYES:NOES:ABSTAIN:ABSENT:
_____________________________________Erica Stephenson, City Clerk
AGENDA REPORT
MEETING DATE: February 25, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager/Director of Emergency Services
PREPARED BY: Philip K. Mosley, Jr., Director of Community Services/Deputy
Director of Emergency Services
SUBJECT: RATIFICATION OF THE PROCLAMATION MADE ON
FEBRUARY 19, 2019 DECLARING A LOCAL STATE OF
EMERGENCY WITHIN THE CITY OF BIG BEAR LAKE
BACKGROUND
On February 14, 2019, a winter storm event delivered more than eight inches (8”) of rainfall
within the City of Big Bear Lake in less than twelve (12) hours. This high-intensity storm caused
significant flooding, structure damage throughout the City, and undermined State Route 18 on
the west end of the Big Bear Valley. The damage to State Route 18 forced Caltrans to implement
a complete closure while emergency repairs are made. Caltrans anticipates that this closure will
be in effect for at least two (2) weeks.
The storm also generated winds exceeding seventy (70) miles per hour. This severe wind
condition toppled dozens of large trees, causing significant damage to more than thirty (30)
residences. After reviewing initial damage reports, the Director of Emergency Services
proclaimed a “State of Emergency” within the City of Big Bear Lake, in accordance with
provisions of Section 2.24.020 of the City of Big Bear Lake Municipal Code (BBLMC), on
February 19, 2019. Section 2.24.060A.1 requires the City Council to ratify a State of Emergency
proclamation within seven (7) days. Ratification can be done through the adoption of the attached
resolution. The resolution will then be forwarded to the Director of the California Governor’s
Office of Emergency Services requesting the Governor to declare a state of emergency in the
City of Big Bear Lake, County of San Bernardino, which would make available various funding
sources to aide in repairing damages and provide relief for residents, businesses and public
agencies.
RECOMMENDATION
We recommend that the City Council adopt the attached Resolution ratifying the Director of
Emergency Services’ proclamation of a local state of emergency which is still in effect in
accordance with the BBLMC and Section 8630 of the California Government Code.
Attachments:
A. Proclamation
B. Resolution 2019-XX
Attachment A
Attachment B
RESOLUTION NO. 2019-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA, RATIFYING THE PROCLAMATION MADE BY
THE CITY OF BIG BEAR LAKE DIRECTOR OF EMERGENCY
SERVICES ON FEBRUARY 19, 2019 DECLARING A LOCAL
STATE OF EMERGENCY WITHIN THE CITY OF BIG BEAR
LAKE
WHEREAS, extreme and unpredicted weather has caused excessive and extensive damage and
destruction to property and public facilities in Big Bear Lake; and
WHEREAS, damage is continuing throughout the City; and
WHEREAS, extreme weather has resulted in danger to human health and the environment; and
WHEREAS, the initial estimated costs to repair the damage are greater than the City's fiscal
ability to recover from said emergency.
WHEREAS, Chapter 2.24 of the City of Big Bear Lake Municipal Code authorizes the Director
of Emergency Services to declare a state of emergency; and
WHEREAS, §2.24.050 of the City of Big Bear Lake Municipal Code, identifies the City
Manager as the Director of Emergency Services authorized to make this declaration; and
WHEREAS, on February 19, 2019, the Director of Emergency Services proclaimed a state of
emergency exists.
NOW THEREFORE BE IT RESOLVED, that
1. on February 19, 2019, the Director of Emergency Services of the City of Big Bear Lake
declared that a state of emergency exists within the City of Big Bear Lake due to the extreme
weather conditions which are continuing as of the date of this Resolution; and
2. the Director of Emergency Services has made this Proclamation based on the existence of
conditions of extreme peril to the safety caused by the aforementioned conditions which are
likely to be beyond the control of the services, personnel, equipment, and facilities of the City
of Big Bear Lake and require the combined forces of other political subdivisions to control;
and
3. all recitals set forth herein are true, correct, and valid; and
4. the City Council of the City of Big Bear Lake does hereby ratify the Proclamation made by the
Director of Emergency Services.
Resolution No. 2019-XX
Page 2
PASSED, APPROVED AND ADOPTED this __ day of February, 2019.
AYES:
ANOES:
ABSENT:
ABSTAIN:
______________________
Randall Putz, Mayor
ATTEST:
______________________
Erica Stephenson, City Clerk
Resolution No. 2019-XX
Page 3
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. 2019-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 Council held on the
XX day of February 2019, and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________
Erica Stephenson, City Clerk
AGENDA REPORT
MEETING DATE: February 25, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
REVIEWED BY: John Harris, Director of Development Services
PREPARED BY: Robert Hearne, City Engineer
SUBJECT: CHANGE ORDER AUTHORIZATION – STANFIELD
MARSH OUTDOOR RECREATION AND EDUCATION
(SMORE) PROJECT
BACKGROUND & DISCUSSION
On June 12, 2017, City Council adopted Resolution 2017-13 in support of applying for the 2017
Environmental Enhancement and Mitigation (EEM) Program Grant for the Stanfield Marsh
Outdoor Recreation and Education (SMORE) Project. The California Natural Resources Agency
administers the program which has $6.7 million available from the Highway Users Tax Account
(Motor Vehicle Revenues, Section 2100) to fund transportation mitigation projects. The program
prioritizes project readiness, interagency cooperation, and disadvantaged communities. On April
4, 2018, the City of Big Bear Lake was awarded $331,388.00 for the SMORE Project.
The Project is located on the north side of Big Bear Boulevard from Stanfield Cutoff to Division
Creek. SMORE is designed to protect environmental resources along the southern edge of
Stanfield Marsh while enhancing the function and utilization for the community at large. The
SMORE Project includes an extension of the existing wooden trail system with a decomposed
granite non-motorized pedestrian nature trail that provides a safe route for recreation and travel
between residences, workplaces, commercial centers, and schools. The trail will connect an
existing sidewalk system at a signalized intersection at Stanfield Cutoff to the existing
boardwalk, to a riparian observation point at Division Creek on the east end of the Project.
Additionally, it will include native landscaping to revegetate Stanfield Marsh, bio swales for
groundwater recharge, and fencing that provides the public a safe route for enjoying the marsh
and viewing wildlife while preventing further disturbance to wildlife and the marsh as a whole.
The Southern California Mountains Foundation (SCMF) is partnering with the City of Big Bear
Lake and is propagating native plants for use on the project. SCMF will provide oversight of
their Urban Conservation Corps for planting, landscaping, and constructing fencing. The Urban
Conservation Corps offers disadvantaged youth opportunities to work on public environmental
conservation projects such as trail construction, tree planting, and wildlife habitat restoration.
In July 2018, City Council awarded a Professional Services Agreement to RRM Design Group
to engineer the SMORE Project. On January 30, 2019, City staff and RRM representatives met
AGENDA REPORT: CHANGE ORDER AUTHORIZATION – SMORE PROJECT
February 25, 2019
Page 2
with Big Bear Municipal Water District (BBMWD) staff to review the plans. During the meeting,
BBMWD identified minor plan revisions necessary to meet the very stringent requirements of
state and federal regulatory agencies, and recommended a quitclaim of portions of their property
to the City rather than granting easements to the City for construction and maintenance of the
Project. RRM Design Group submitted a reasonable quote to revise the construction plans as
required by BBMWD, and to prepare a lot line adjustment, legal description, and exhibit
necessary for these property acquisitions.
We recommend approval of a Change Order to the current RRM Design Group Professional
Services Agreement in an amount not to exceed $17,100.00 for the revision of construction
documents and the preparation of the legal documents necessary for these property acquisitions.
FISCAL IMPACT
The Fiscal Year 2018-19 includes $685,000 for engineering design and construction of the
SMORE Project. No budget supplement is necessary at this time.
RECOMMENDATIONS
It is recommended that Council take the following action:
1. Approve a Change Order to the current RRM Design Group Professional Services
Agreement for $17,100.00 for the revision of construction documents and the preparation
of legal documents necessary to acquire property for the SMORE Project.
Attachments: A. RRM Design Group Proposal
B. Change Order Exhibit
Attachment A
32332 Camino Capistrano, Suite 205, San Juan Capistrano, CA 92675 p: (949) 361-7950 • f: (949) 361-7955
www.rrmdesign.com a California corporation Lenny Grant, Architect C26973 Robert Camacho, PE 76597 Steve Webster, LS 7561 Jeff Ferber, LA 2844
Method: ☐ Letter ☐ E-mail authorization attached to parties ☒ Client authorization required ☐ Included in contract, authorization not required Fee Type:
☒ Fixed Fee (see footnote)
DESCRIPTION OF WORK TO BE PERFORMED RRM Design Group, a California Corporation ("RRM Design Group"), has entered into an agreement with the City of Big Bear Lake (the "Client") dated April 4, 2018 (the "Prime Agreement") and has subsequently been issued a Purchase Order dated July 10, 2018 for the SMORE Project (the "Project"). Additional Services Authorized by the Client are subject to the Terms and Conditions of the Prime Agreement. Task X.01: Revised Construction Documents RRM Design Group will revise the Bid Set of Construction Documents to account for grading the trail at or below elevation 6743.25. The re-grading of the trail affects approximately 1,000 lineal feet of trail. The trail amenities and planting plan will be revised in areas where the trail is below 6743.25. Revisions include removal of fencing and placement of boulders and plants to define the path. Revisions to the Construction Documents include revisions to the following plan series:
• Cover • Demolition plans • Grading and drainage plans
SMORE Project Additional Service Authorization
February 7, 2019 Page 2 of 3
• Erosion control plans • Construction details • Horizontal control plans • Planting plans
RRM will respond to one (1) combined set of review comments on the draft revised Bid-Ready Construction Documents from the City and/or Big Bear Municipal Water District.
Deliverables: • Electronic submittal of one (1) draft revised Bid-Ready Construction Document Package;
1” = 20’, 24” x 36” • One (1) signed reproducible revised Bid-Ready Construction Documents Package:
1” = 20’, 24” x 36” Fixed Fee: • $8,200 (see footnote)
Task X.02: Revised Exhibits and Legal Descriptions RRM Design Group’s survey subconsultant Grenier and Sons will prepare a lot line adjustment legal description and exhibit for the adjustment of the City of Big Bear Lake parcel number 311-221-36 (existing City lot between the second boardwalk and Division Creek). The lot line adjustment will run from the second boardwalk to the west to Division Drive to the east and to the north side of the proposed path to acquire land from the Big Bear Municipal Water District. Grenier and Sons will prepare a legal description and exhibit for the quit claim of a strip of the proposed path at the corner of the Stanfield Cutoff and Bib Bear Boulevard to acquire land from the Big Bear Municipal Water District. The City will process the lot line adjustment and quit claim and pay all fees.
Deliverables: • One (1) lot line adjustment legal and exhibit • One (1) legal and exhibits for quit claim Fixed Fee: • $8,900 (see footnote)
Note: Excludes record of survey and setting property corners
Fee Footnote Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced.
SMORE Project Additional Service Authorization
February 7, 2019 Page 3 of 3
Total Estimated Additional Fees: $17,100 Any work outside the scope of the original agreement between RRM Design Group and the Client, and authorized by the Client, is subject to the Terms and Conditions of the Prime Agreement.
AUTHORIZATION TO PROCEED BY CLIENT REPRESENTATIVE: Sign Date Print Name, Title Billing E-mail (Please identify person’s name and e-mail address to receive electronic invoices.) Billing Address (if different from mailing address) Tasks Authorized (All tasks authorized unless otherwise noted.)
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
INITIATED BY: Janice Etter, Senior Principal Planner
PREPARED BY: Ruth Lorentz, Principal Planner
SUBJECT: 2018 ANNUAL HOUSING ELEMENT PROGRESS REPORT
BACKGROUND
In September 2017, the Governor signed a group of fifteen (15) housing bills that are intendedto address affordable housing issues in California. Many of the provisions in these bills becameeffective on January 1, 2018. AB 879 and SB 35 made the Annual Housing Element ProgressReport (APR) applicable to charter cities, and added a number of additional housing elementreporting requirements to the APR. Prior to the passage of AB 879, charter cities were notrequired to submit the APR on an annual basis. In addition, AB 879 and SB 35 require the APRto be considered at a public meeting before the legislative body where the public is permitted toprovide oral testimony and written comments. This is required to occur prior to submitting theAPR to the State Department of Housing and Community Development (HCD) and the StateOffice of Planning and Research (OPR).
The meaning of the statute does not require a public hearing, simply that the report be consideredat a Regular Meeting at which the public is allowed to comment on the APR. Thus, the statutecan be satisfied by placing the APR on the consent calendar and allowing the public anopportunity to comment on the item. The APR must be submitted to the State by April 1st ofeach year.
As part of the General Plan, the City has an adopted and certified Housing Element for theplanning period covering 2013 to 2021, and has prepared this APR to submit in accordance withGovernment Code Section 65400. The Housing Element can be found at the link provided here:
The APR report is an Excel spreadsheet created by HCD and standardized throughout the State.The City must input our data into this spreadsheet and may not alter this spreadsheet. The APRspreadsheet consists of seven tables, Tables A-F, and a summary sheet. This spreadsheet isAttachment A of this Agenda Report.
As shown in Table A of the APR, the City issued building permits for a total of thirty-six (36)residential dwelling units in 2018, of which, three (3) were accessory dwelling units (ADU) andthirty-three (33) were single family dwellings (SFD). Of the total units, twenty-nine (29) singlefamily dwellings were determined to fall within the Above-Moderate income category (over120% of County median income), five (5) dwelling units within the Moderate income category(81% to 120% of County median income), and two (2) of the accessory dwelling units withinthe Low income category (50% to 80% of County median income). There were no new multiple-family housing projects in 2018 that were either entitled, issued building permits or issued acertificate of occupancy. As required, we base our determination of income categories on theCounty of San Bernardino median income level ($65,800) and guidelines developed by SCAGand HCD. Lastly, Table D of the APR provides a status of the Housing Element programs thatwere implemented or completed within this reporting period. In Tables C, E, and F, there wasno reportable action. The completed spreadsheet constitutes the APR and will be submitted tothe State.
ENVIRONMENTAL DETERMINATION
The APR is not subject to the California Environmental Quality Act (CEQA) pursuant to Section15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action, whichhas a potential for resulting in either a direct physical change in the environment, or a reasonablyforeseeable indirect physical change in the environment. The APR is an administrative reportthat, by itself, authorizes no development or any discretionary action, and therefore is exemptfrom CEQA. A Notice of Exemption is attached to this staff report.
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
It is recommended that Council take the following actions:
1. Receive and file the APR in accordance with state laws;
2. Find the APR exempt from CEQA pursuant to Section 15378 of CEQA Guidelines; and
3. Receive any public comment regarding the APR.
Attachments:A. 2018 Annual Housing Element Progress ReportB. CEQA Notice of Exemption
Attachment A
Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcodev 1_29_19
92315
Please Start Here
General Information Submittal InstructionsBig Bear Lake
Housing Element Annual Progress Reports (APRs) forms and tables must be
submitted to HCD and the Governor's Office of Planning and Research (OPR) on or
before April 1 of each year for the prior calendar year; submit separate reports
directly to both HCD and OPR pursuant to Government Code section 65400. There
are two options for submitting APRs:
1. Online Annual Progress Reporting System (Preferred) - This enters your
information directly into HCD’s database limiting the risk of errors. If you would like
to use the online system, email [email protected] and HCD will send you the login
information for your jurisdiction. Please note: Using the online system only provides
the information to HCD. The APR must still be submitted to OPR. Their email
31147170 31147170 14-00325 SFD O 0 1 3/6/2018 1 0 N Y
30802323 30802323 15-00626 SFD O 0 1 1/25/2018 1 0 N Y
31068303 31068303 17-00410 SFD O 0 1 6/4/2018 1 0 N Y30710711 30710711 40034 Forest 17-00485 SFD O 0 1 6/25/2018 1 0 N Y30805661 30805661 40225 Mahanoy 17-00497 SFD O 0 1 3/13/2018 1 0 N Y30922121 30922121 864 Great Spirits Way 17-00625 SFD O 0 1 1/9/2018 1 0 N Y30904609 30904609 457 Mountaire 17-00641 SFD O 0 1 2/22/2018 1 0 N Y
232814210 232814210 605 San Gorgonio 17-00681 SFD O 0 1 2/15/2018 1 0 N Y235008201 235008201 43596 Sheephorn 17-00737 SFD O 0 1 5/7/2018 1 0 N Y232830118 232830118 42391 Heavenly Valley 18-00005 SFD O 0 1 2/22/2018 1 0 N Y232831224 232831224 781 North Star 18-00013 SFD O 0 1 1/19/2018 1 0 N Y232840539 232840539 42644 Cedar 18-00017 SFD O 0 1 5/21/2018 1 0 N Y Comparable units and prices232840540 232840540 42642 Cedar 18-00018 SFD O 0 1 5/21/2018 1 0 N Y Comparable units and prices31041316 31041316 43246 Deer Canyon 18-00022 SFD O 0 1 3/14/2018 1 0 N Y
232838620 232838620 42576 Falcon 18-00021 SFD O 0 1 3/19/2018 1 0 N Y30908305 30908305 421 Oriole 18-00023 SFD O 0 1 3/14/2018 1 0 N Y30922130 30922130 40958 Seneca Trail 18-00034 SFD O 0 1 3/23/2018 1 0 N Y30804912 30804912 40263 Dream 18-00076 SFD O 0 1 8/14/2018 1 0 N Y
232814422 232814422 41920 Evergreen 18-00077 SFD O 0 1 4/26/2018 1 0 N Y31067306 31067306 43625 Wolf 18-00101 SFD O 0 1 4/24/2018 1 0 N Y
232840538 232840538 42646 Cedar 18-00107 SFD O 0 1 5/21/2018 1 0 N Y Comparable units and prices
232840537 232840537 42648 Cedar 18-00108 SFD O 0 1 5/21/2018 1 0 N Y Comparable units and prices
31139205 31139205 379 Meadow Circle 18-00118 SFD O 0 1 6/18/2018 1 0 N Y
232844118 232844118 42739 Haupstrasse 18-00120 SFD O 0 1 7/9/2018 1 0 N Y
30909105 30909105 422 Quail Run 18-00180 SFD O 0 1 6/21/2018 1 0 N Y
232835311 232835311 386 Crystal Lake 18-00184 SFD O 0 1 7/10/2018 1 0 N Y
232807208 232807208 738 Goldenwest 18-00188 SFD O 0 1 7/11/2018 1 0 N Y
232855116 232855116 42925 Sunset 18-00221 SFD O 0 1 8/29/2018 1 0 N Y
232814322 232814322 42055 Winterpark 18-00294 SFD O 0 1 8/3/2016 1 0 N Y
232835133 232835133 42804 Ursa Major 18-00293 SFD O 0 1 9/6/2018 1 0 N Y
232864303 232864303 43175 Sunset 18-00334 SFD O 0 1 10/18/2018 1 0 N Y
30804402 30804402 569 Waynoka 18-00349 SFD O 0 1 12/20/2018 1 0 N Y
232836427 232836427 42680 Haupstrasse 18-00362 SFD O 0 1 11/19/2018 1 0 N Y
30720405 30720405 39996 Glenview 18-00181 ADU R 0 1 5/22/2018 1 0 N Y comparable units and prices
30716223 30716223 40055 Hillcrest 18-00197 ADU R 0 1 5/24/2018 1 0 N Y comparable units and prices
30705223 30705223 18-00305 ADU R 0 1 8/1/2018 1 0 N Y comparable units and prices
0 0 0
0 0 0
313 Canvasback
Housing with Financial Assistance
and/or Deed RestrictionsDemolished/Destroyed Units
1
42550 Pegasus
450 Temple
43778 Colusa
Affordability by Household Incomes - Certificates of Occupancy
Note: + Optional field
Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits
Jurisdiction Big Bear Lake
Reporting Year 2018 (Jan. 1 - Dec. 31)
1 3 4
RHNA Allocation
by Income Level2013 2014 2015 2016 2017 2018 2019 2020 2021
Total Units to
Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted 0 0
Non-Deed Restricted 0 0
Deed Restricted 0 0
Non-Deed Restricted 0 2
Deed Restricted 0 0
Non-Deed Restricted 4 5
Above Moderate 0 23 29 52 0
2
27 36 63 1
Note: units serving extremely low-income households are included in the very low-income permitted units totals
Cells in grey contain auto-calculation formulas
Total RHNA
Total Units 44
Low1 2 0
Moderate0 9 0
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability2
Income Level
Very Low1 0 1
Table B
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation(CCR Title 25 §6202)
This table is auto-populated once you enter your jurisdiction name and current year data.
Please contact HCD if your data is different than the material supplied here
Jurisdiction Big Bear Lake
Reporting Year 2018 (Jan. 1 - Dec. 31)
Date of Rezone Type of Shortfall
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very-Low Income Low-Income Moderate IncomeAbove Moderate -
Income
Type of Shortfall Parcel Size
(Acres)
General Plan
DesignationZoning
Minimum
Density Allowed
Maximum
Density Allowed
Realistic
CapacityVacant/Nonvacant
Description of Existing
Uses
0 0 0 0 0 0Summary Row: Start Data Entry Below
Sites Identified or Rezoned to Accommodate Shortfall Housing Need
Project Identifier Affordability by Household Income Sites Description
1 3 8
Table C
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation(CCR Title 25 §6202)
Note: + Optional field
Cells in grey contain auto-calculation formulas
Jurisdiction Big Bear Lake
Reporting Year 2018 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
H1.1. Adequate Sites and
Elimination of Barriers
Maintain adequate sites to encourage and
facilitate housing development
commensurate with the City’s RHNA
allocation.
Ongoing Implemented in 2011. There are six properties totaling 9.06 acres zoned for 20/units to
the acre, which would give 173 units. Development requests are tracked and monitored
to assure facilitation of housing.
H2.1 (New Housing
Development for Lower-
Income Households)
Development of the 8.74 acres zoned for
20 units/acre.
Ongoing In 2018, the City responded to inquiries for potenital development of the sites zoned for
20 units/acre for potential multiple housing developments for maximum density.
H2.2 (Acquisition and
Preservation of Existing
Housing for Resale or
Lease)
Preservation of Housing Beginning with the 2013-
2014 CDBG Grant allocation
year.
A significant use of Code Compliance resources are devoted to responding to citizen
complaints regarding derelict residential and commercial properties. In 2016, the City
approved Phase 1 of the Derelict Building Demolition Program to eliminate blight and
enhance low-income area residential properties. As a result of the program, voluntary
compliance was obtained by owners of four properties containing single family
residences in dilapidated condition. Phase 2 of the program was approved in 2017 and
two single-family dwellings were demolished.
H2.3 (Motel Cabin
Conversions)
Publicize program through City website,
cabin owners, and local realtors
OngoingThe City has responded to potential buyer inquiries regarding motel cabin conversions.
H2.4 (First-Time Homebuyer
Program)
Provide mortgage assistance to low-
income first-time homebuyers.
Ongoing The City continued to distribute flyers and information publicizing County programs for
homebuyer assistance at the public counter, websites, and to public service
organizations which assit low and moderate income households.
H2.5 (Section 8 Rental
Assistance Program)
Make eligible persons aware of the Section
8 program by publicizing its availabilty
through City information outlets.
Ongoing Public inquiries regarding housing programs are directed to the County of San
Bernardino Housing Authority for assistance. The City continues to distribute
information received from the County regarding Section 8 to local groups which provide
services to low and moderate income households.
H3.1 (Eliminate Regulatory
Barriers to Disabled Access)
Modify and implement existing procedures
for streamlined review of requests for
reasonable accomination by November
2013.
By November 2013 The City's Building & Safety staff has received training to understand disabled access
regulations and provides free inspections on project sites to identify barriers and review
options for compliance. Free inspections are ongoing. Disabled access modifications
are not subject to development standards such as building setbacks.
H3.2 (Review and Update
Development Fees as
Appropriate)
Ensure that development fees are
reasonably related to the cost of providing
service, and that affordable projects are
assisted through reduced development
fees, where feasible.
Each Budget Year The 2018-2019 budget was adopted in June 2018 with no increases to development
fees, effective since July 2013.
H3.3 (Emergency Shelters,
Transitional and Supportive
Housing)
Work with local organizations and
charitable groups to locate a housing
shelter in the City.
Ongoing The City provides grant funding to DOVES for the provision of tranisitional housing
support on an annual basis. Currently, DOVES is the only local service organization
which provides transitional housing to abused women and children.
H3.4 (Transitional and
Supportive Housing)
Amend the Development Code in
compliance with SB 2 of 2007.
Amendment of Development
Code Section 17.25.160 in
2014
The City amended the Development Code in 2012 for compliance with SB 2 and
continues to monitor housing laws for required amendments.
H4.1 (Rehabilitation Loans
and/or Grants)
Provide rehabilitation loan or grant funds Ongoing Rehabilitation of single- or multi-family dwellings has occurred on a voluntary basis.
H4.2(a) (Weatherization
Program)
Publicize available County programs Initiate publicity campaign
2013-2014
The City entered into a Joint Exercise of Powers Agreement with the California
Municipal Finance Authority (CMFA) who provide funding through its program
administrators for PACE loans which finance energy efficiency, water efficiency and
renewable upgrades for residential homes. Through this agreement with the CMFA, the
City is a member of this finance authority and property owners within the City are able to
shop for the best price and service through the availability of the PACE administrators.
H4.3 (Affordable Housing
Ombudsman)
Provide assistance to County staff in
obtaining approvals for housing and social
service projects in Big Bear Lake as
needed.
Ongoing The City continues to act as an ombudsman as needed.
H4.4 (Short-Term Rentals) Permits & inspections of short-term rentals Ongoing The City continues to process permit applications for short-term rentals and inspects on
a regular basis.
H5.1 (Access to Fair
Housing Services)
Publicize available County programs Ongoing Code Compliance responds to inquiries and compliants and provides information on
Fair Housing via phone and email as needed and distributes County flyers when
received.
H6.1 (Shelter and Services
for Homeless Persons)
Provide grant funds to local eligible public
service groups that provide emergency,
transitional, and permanent affordable
housing.
Ongoing The City continued to provide grant funds to DOVES, the only local operator of
transitional housing facilities and provider of counseling and job/skills training to
abused/battered women and children.
H6.2 (Special Housing
Needs of Persons with
Developmental Disabilities)
Award Community Development Grant to
local public service programs that provide
housing services to persons with
Developmental Disabilities.
Ongoing The City provided a grant to the local United States Adaptive Recreation Center
(USARC), which funds an outreach coordinator for persons with disabilities. However,
there are no programs which provide housing services to persons with Developmental
Disabilities. The City continues to monitor programs.
H7.1 (Reduce Permit Fees
for Energy-Efficient
Construction)
Subsidize permit fees to encourage energy-
efficient construction.
Ongoing Permit fees for Photovoltaic Systems are subject to one small flat fee and the City has
created an informational handout for permit submittal requirements solar installation.
H7.2 (Encourage Green
Building Construction)
Green building construction in housing
projects and motel/cabin conversions.
Ongoing The City encourages green building construction by expediting plan checks for green
building projects and by applying a flat fee instead of valuation which is common for
most permits.
H7.3 (Publicize Local Utility
and Services Programs)
Expand access to local utility and service
programs that offer energy efficiency
programs and rebates.
Ongoing Programs are publicized on Fire Protection District and DWP agency websites, and
information and brochures, including for Xeriscape Landscape, Native Brush & Shrub,
and Defensible Space, and Emergency Evacuation Planning educational materials are
provided at City Hall and handed out at community events such as the annual Xeriscape
Garden Tour, Bear Valley Electric's Earth Day Expo, and Outdoor Adventure Days.
H7.4 (Support Alternative
Energy Sources)
Develop standards for wind turbines and
solar panels in residential zones.
2014 Since the Development Code does not conflict with the installation of alternative energy
structures, the City has not adopted a specific ordinance for wind turbines and solar
panel installation in residential zones. These may be roof-mounted or ground-mounted
and remain subject to applicable building structure development standards such as
setbacks and height. Plan checks for projects which install alternative energy sources
are expedited.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing
element.
ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation
(CCR Title 25 §6202)
Table D
Program Implementation Status pursuant to GC Section 65583
Jurisdiction Big Bear Lake
Reporting Period 2018 (Jan. 1 - Dec. 31) Cells in grey contain auto-calculation formulas
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
0 0 0 0 0
Project Identifier Units Constructed as Part of Agreement
1 2
Summary Row: Start Data Entry Below
Commercial Development Bonus Approved pursuant to GC Section 65915.7
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation(CCR Title 25 §6202)
Note: + Optional field
Table E
Jurisdiction Big Bear Lake
Reporting Period 2018 (Jan. 1 - Dec. 31) Cells in grey contain auto-calculation formulas
Extremely Low-
Income+
Very Low-Income+
Low-Income+
TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+
Low-Income+
TOTAL UNITS+
Rehabilitation Activity 0 0
Preservation of Units At-Risk 0 0
Acquisition of Units 0 0
Total Units by Income 0 0 0 0 0 0 0 0
This table is optional. Jurisdictions may list (for informational purposes only) units that do not count toward RHNA, but were substantially rehabilitated, acquired or preserved. To enter units in this table as progress toward RHNA, please contact HCD at
[email protected]. HCD will provide a password to unlock the grey fields. Units may only be credited to the table below when a jurisdiction has included a program in its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its
Activity Type
Units that Do Not Count Towards RHNA+
Units that Count Towards RHNA + The description should adequately document how each
unit complies with subsection (c)(7) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)(2)
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation(CCR Title 25 §6202)
Note: + Optional field
Table F
Jurisdiction Big Bear Lake
Reporting Year 2018 (Jan. 1 - Dec. 31)
Current Year
Deed Restricted 0
Non-Deed Restricted0
Deed Restricted 0
Non-Deed Restricted0
Deed Restricted 0
Non-Deed Restricted0
Above Moderate0
0
36
36
36
0
0
0
0
0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Use of SB 35 Streamlining Provisions
Note: units serving extremely low-income households are included in the
very low-income permitted units totals
Number of Applications for Streamlining
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Permitted Units Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Total Units 44
Entitlement Summary
Attachment B
NOTICE OF EXEMPTION
TO: FROM: Clerk of the Board of Supervisors Planning Division
County of San Bernardino City of Big Bear Lake
385 N. Arrowhead Avenue, 2nd Floor P. O. Box 10000
San Bernardino, CA 92415-0130 Big Bear Lake, CA 92315
Project Title:
2018 Annual Housing Progress Report
Project Location - Specific:
Citywide
Description of Project:
Annual Housing Progress Report as required by AB 879 (2017)
Name of Public Agency Approving Project:
City Council of the City of Big Bear Lake
Name of Person or Agency Carrying out Project:
Ruth Lorentz, Principal Planner
Exempt Status:
Section 15378 of the State CEQA Guidelines
Reasons why project is exempt:
The APR is not subject to the California Environmental Quality Act (CEQA) pursuant to Section
15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action, which
has a potential for resulting in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. The APR is an administrative report that,
by itself, authorizes no development or any discretionary action, and therefore is exempt from
CEQA.
Lead Agency or Contact Person: Area Code/Telephone/Extension
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
PREPARED BY: Erica Stephenson, City Clerk
SUBJECT: CANCELLATION OF THE JUNE 24, 2019 CITY COUNCIL
MEETING
DISCUSSION
The second City Council meeting in June is scheduled for June 24, 2019. At this point in time,
there are no essential matters that require Council action at this meeting and adequate space
remains on the June 10th and the July 8th City Council Meeting Agendas to accommodate
whatever matters that may need to be heard during that time frame. Therefore, it is staff’s
recommendation that the City Council cancel the regular City Council meeting scheduled for
June 24, 2019.
RECOMMENDATION
It is recommended that Council cancel the June 24, 2019 City Council Meeting.
AGENDA REPORT
MEETING DATE: February 25, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
PREPARED BY: Philip K. Mosley, Jr., Director of Community Services
SUBJECT: INTRODUCTION OF AN ORDINANCE AMENDINGCHAPTERS 10.04.190 AND 10.04.200 OF THE BIG BEARLAKE MUNICIPAL CODE, PERTAINING TO THERESTRICTION OF THE USE OF STREETS FORVEHICLE STORAGE AND PARKING FOR CERTAINPURPOSES IN COMPLIANCE WITH SENATE BILL 946
BACKGROUND
Title 10 of the Big Bear Lake Municipal Code (BBLMC) regulates vehicle and traffic use of citystreets. However, regulations regarding vehicle storage and parking within public rights-of-wayneed to be expanded to address specific public health, safety, and welfare concerns. The use ofpublic rights-of-way for vehicle storage and parking is increasing.
DISCUSSION
Sections 10.04.190 and 10.04.200 of the BBLMC do not currently include specific regulationsaddressing sleeping inside vehicles, camping within vehicles, or vending from vehicles withinpublic rights-of-way, City parks, and municipal parking lots. The proposed ordinance expandsthese sections of the BBLMC to regulate these activities in accordance with Senate Bill 946, andin response to recent precedent-setting legal findings.
FISCAL IMPACT
Adoption of this ordinance has no direct fiscal impact to the City.
ENVIRONMENTAL
This project qualifies for exemption from the California Environmental Quality Act (CEQA),pursuant to Section 15378 of the State CEQA Guidelines. A Notice of Exemption is attached tothis Staff Report.
AGENDA REPORT: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTERS10.04.190 AND 10.04.200 OF THE BIG BEAR LAKE MUNICIPAL CODE,PERTAINING TO THE RESTRICTION OF THE USE OF STREETS FORVEHICLE STORAGE AND PARKING FOR CERTAIN PURPOSES INCOMPLIANCE WITH SENATE BILL 964
February 25, 2019Page 2
RECOMMENDATION
It is recommended that City Council:
1. Read the title of Ordinance No. 2019-XXX entitled AN ORDINANCE OF THE CITY OFBIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AMENDING CHAPTERS 10.04.190 AND 10.04.200 OF THE BIG BEAR LAKEMUNICIPAL CODE PERTAINING TO THE RESTRICTION OF THE USE OFSTREETS FOR VEHICLE STORAGE AND PARKING FOR CERTAIN PURPOSESIN COMPLIANCE WITH SENATE BILL 946, waive further reading and introduceOrdinance No. 2019-XXX, and
2. Determine this ordinance is exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15378 of the State CEQA Guidelines.
Attachments:
A. Senate Bill 946B. Ordinance No. 2019-XXXC. CEQA Notice of Exemption
Attachment A
Attachment B
ORDINANCE NO. 2019-XXX
AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY
OF SAN BERNARDINO, STATE OF CALIFORNIA, AMENDING
CHAPTERS 10.04.190 AND 10.04.200 OF THE BIG BEAR LAKE
MUNICIPAL CODE PERTAINING TO RESTRICTION OF THE
USE OF STREETS FOR VEHICLE STORAGE AND PARKING FOR
CERTAIN PURPOSES IN COMPLIANCE WITH SENATE BILL 946
WHEREAS, California Vehicle Code Section 22507 authorizes the City of Big Bear
Lake (“City”) to restrict or prohibit the stopping, parking or standing of vehicles on local
highways, rights-of-way, and parking lots during all or certain hours of the day; and
WHEREAS, the City previously adopted ordinances regulating the stopping, parking and
standing of vehicles on highways, rights-of-way, and parking lots; and
WHEREAS, the City has received numerous community complaints associated with the
parking of vehicles and/or trailers in public streets and parking lots for extended periods of time
and for the purpose of living or sleeping in a vehicle and/or trailer; and
WHEREAS, the City Council is interested in addressing the community’s concerns and
thereby improving residents’ quality of life; and
WHEREAS, the improper parking of vehicles upon any highway, rights-of-way or
parking lot can threaten public safety by creating distractions and impeding the smooth flow of
traffic; and
WHEREAS, the improper parking of vehicles can disturb the pristine aesthetics of Big
Bear Lake’s renowned natural beauty.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR
LAKE DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 10.04.200 of the Big Bear Lake Municipal Code is amended to
read as follows:
“10.04.200 – Parking for certain purposes prohibited.
No person shall park a vehicle and/or trailer upon any highway, right-of-way or parking lot for
the principal purpose of:
A. Displaying such vehicle and/or trailer for sale;
B. Greasing or performing any mechanical repair including, but not limited to, work upon
a radiator, electrical system, motor, engine, exhaust or drive train, or servicing a vehicle by
cleaning its radiator, changing its oil, antifreeze or lubrication, changing or servicing its battery,
or using any other contaminant within the facility; provided, however that this prohibition shall
not apply to persons performing such work necessitated by an emergency or with the express
Ordinance No. 2019-XXX
Page 2
written authority of the Director of Development Services or her/his designated representative;
C. Using such vehicle and/or trailer to support a sign;
D. Vending, except adjacent to the premises of the purchaser when taking orders or
delivering any commodity;
E. Living or sleeping overnight in a vehicle and/or trailer.”
SECTION 2. Section 10.04.190 of the City of Big Bear Lake Municipal Code is
amended to read as follows:
“10.04.190 – Use of streets for vehicle storage prohibited.
A. No person who owns or has possession, custody or control of any vehicle and/or
trailer shall park such vehicle and/or trailer upon any street or alley for more than a consecutive
period of seventy-two hours or park such vehicle and/or trailer upon any municipal parking lot or
any other parking lot at a City owned facility overnight, except as allowed by the City Manager
on a temporary basis due to a severe weather event.
B. This prohibition shall not apply to any person parking any vehicle and/or trailer in the
City’s Bartlett parking lot if that person is a registered guest at any hotel, motel, lodge or bed and
breakfast facility which has a city business license and pays transient occupancy tax, provided
that the guest is registered during the twenty-four-hour period during which the vehicle and/or
trailer is parked in the City’s Bartlett parking lot.
C. In the event a vehicle and/or trailer is parked or left standing upon a street or parking
lot in excess of a consecutive period of seventy-two hours, the sheriff or any member of the
highway patrol of the state or the Community Development Director or her/his designee may
remove the vehicle and/or trailer from the street or parking lot without notice or demand in the
manner and subject to the requirements of the Vehicle Code and the costs of such removal and
storage shall be a lien against the vehicle and/or trailer.”
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
or the application thereof to any entity, person or circumstance is held for any reason to be
invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions
or applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. The City Council of
the City of Big Bear hereby declares that it would have adopted this Ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Ordinance No. 2019-XXX
Page 3
SECTION 4. CEQA. This Ordinance is exempt from the requirements of the
California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not
a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical
change to the environment. 14 Cal. Code Regs. § 15378. The Director of Community Services
shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA
Guidelines.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days
following its adoption.
SECTION 6. Publication. 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.
ORDINANCE PASSED AND APPROVED on this ____ day of February, 2019 by the
following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Randall Putz, Mayor
ATTEST:
____________________________
Erica Stephenson, City Clerk
APPROVED AS TO FORM:
____________________________
Stephen P. Deitsch, City Attorney
Ordinance No. 2019-XXX
Page 4
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 Ordinance No.
2019-XXX is a full, true and correct original of Ordinance No. 2019-XXX of the City of Big
Bear Lake, entitled:
AN ORDINANCE OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AMENDING CHAPTERS 10.04.190 AND
10.04.200 OF THE BIG BEAR LAKE MUNICIPAL CODE PERTAINING TO
RESTRICTION OF THE USE OF STREETS FOR VEHICLE STORAGE AND
PARKING FOR CERTAIN PURPOSES IN COMPLIANCE WITH SENATE BILL 946
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said
City, and attested by the City Clerk of said City, all at a regular meeting of said Council on the
__ day of February, 2019, and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
I do hereby further certify that pursuant to the provisions of Section 36933 of the Government
Code of the State of California that the foregoing Ordinance No. 2019-XXX was duly and
regularly published according to law and the order of the City Council and circulated within said
City.
____________________________
Erica Stephenson, City Clerk
Ordinance No. 2019-XXX
Page 5
Exhibit A
Modifications to § 10.04.200
Added language appears in italics.
Removed language appears in strikethrough
Sec. 10.04.200. No person shall park a vehicle and/or trailer upon any highway, right-
of-way or parking lot for the principal purpose of:
A. Displaying such vehicle and/or trailer for sale;
B. Greasing or performing any mechanical repair including, but not limited to, work upon
a radiator, electrical system, motor, engine, exhaust or drive train, or servicing a vehicle by
cleaning its radiator, changing its oil, antifreeze or lubrication, changing or servicing its battery,
or using any other contaminant within the facility; provided, however that this prohibition shall
not apply to persons performing such work necessitated by an emergency or with the express
written authority of the Director of Development Services or her/his designated representative;
C. Using such vehicle and/or trailer to support a sign;
D. Vending, except adjacent to the premises of the purchaser when taking orders or
delivering any commodity;
E. Living or sleeping overnight in a vehicle and/or trailer.
Ordinance No. 2019-XXX
Page 6
Exhibit B
Modifications to § 10.04.190
Added language appears in italics.
Removed language appears in strikethrough
A. No person who owns or has possession, custody or control of any vehicle and/or
trailer shall park such vehicle and/or trailer upon any street or alley or municipal parking lot for
more than a consecutive period of seventy-two hours or park such vehicle and/or trailer upon
any municipal parking lot or any other parking lot at a City owned facility overnight, except as
allowed by the City Manager on a temporary basis due to a severe weather event.
B. This prohibition shall not apply to any person parking any vehicle and/or trailer in the
City’s Bartlett parking lot a city parking lot or parking a vehicle and/or trailer other than a
recreational vehicle on a city street if that person is a registered guest at any hotel, motel, lodge
or bed and breakfast facility which has a city business license and pays transient occupancy tax,
provided that the guest is registered during the twenty-four-hour period during which the vehicle
and/or trailer is parked in the City’s Barlett parking lot on the city street or parking lot.
C. In the event a vehicle and/or trailer is parked or left standing upon a street or parking
lot in excess of a consecutive period of seventy-two hours, the sheriff or any member of the
highway patrol of the state or the Community Development Director or her/his designee may
remove the vehicle and/or trailer from the street or parking lot without notice or demand in the
manner and subject to the requirements of the Vehicle Code and the costs of such removal and
vehicle storage shall be a lien against the vehicle and/or trailer.
Attachment C
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Community Services Director
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:
Vehicle Parking & Storage Ordinance
Project Location - Specific:
Citywide
Description of Project:
Not a “project”. Adoption of an Ordinance regulating Vehicle Parking & Storage activities throughout the City.
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, Community Services Director
Exempt Status: (check one) (State type and section number)
XX Categorically Exempt
Section: 15061(b)(3)
Reasons why project is exempt:
The Vehicle Parking & Storage Ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action,
which has a potential for resulting in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. The Ordinance is an administrative report that, by
itself, authorizes no development or any discretionary action, and therefore is exempt from CEQA.
Lead Agency or Contact Person: Area Code/Telephone/Extension
Philip K. Mosley, Jr., Community Services Director (909) 866-5831
Date: February 25, 2019
Signature:
______________________________
Philip K. Mosley, Jr. Community Services Director
AGENDA REPORT
MEETING DATE: February 25, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
PREPARED BY: Philip K. Mosley, Jr., Director of Community Services
SUBJECT: INTRODUCTION OF AN ORDINANCE ADDINGCHAPTER 12.64 TO THE BIG BEAR LAKE MUNICIPALCODE, IMPOSING REGULATIONS ON SIDEWALKVENDING IN COMPLIANCE WITH SENATE BILL 946
BACKGROUND
Section 5.64.020 of the Big Bear Lake Municipal Code (BBLMC) prohibits vending such aspeddling, soliciting, and hawking, on public sidewalks. Senate Bill 946 (SB-946) restrictsmunicipalities from prohibiting these activities. However, municipalities may adopt regulationsgoverning these activities provided local regulations comply with the SB-946 provisions. Theattached Ordinance No. 2019-XXX, adds a new chapter to the BBLMC (Chapter 12.64),regulating public sidewalk vending activities in accordance with SB-946.
DISCUSSION
The BBLMC does not currently include sidewalk vending regulations. As such, activities suchas peddling, soliciting, and hawking are not prohibited or restricted in any way. The proposedordinance amends the BBLMC to include specific regulations to govern these activities. Theproposed ordinance also complies with SB-946.
FISCAL IMPACT
Adoption of this Ordinance has no direct fiscal impact to the City.
ENVIRONMENTAL
This project qualifies for exemption from the California Environmental Quality Act (CEQA),pursuant to Section 15378 of the State CEQA Guidelines. A Notice of Exemption is attached tothis Staff Report.
AGENDA REPORT: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 12.64 TOTHE BIG BEAR LAKE MUNICIPAL CODE, IMPOSING REGULATIONSON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 964
February 25, 2019Page 2
RECOMMENDATION
It is recommended that City Council:
1. Read the title of Ordinance No. 2019-XXX entitled AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA, ADDING CHAPTER 12.64 TO THE BIG BEAR LAKEMUNICIPAL CODE, IMPOSING REGULATIONS ON SIDEWALK VENDING INCOMPLIANCE WITH SENATE BILL 946, waive further reading and introduceOrdinance No. 2019-XXX, and
2. Determine this ordinance is exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15378 of the State CEQA Guidelines.
Attachments:A. Senate Bill 946B. Ordinance No. 2019-XXXC. CEQA Notice of Exemption
Attachment A
Attachment B
ORDINANCE NO. 2019-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ADDING CHAPTER 12.64 TO
THE BIG BEAR LAKE MUNICIPAL CODE, IMPOSING
REGULATIONS ON SIDEWALK VENDING IN
COMPLIANCE WITH SENATE BILL 946
WHEREAS, the City of Big Bear Lake, California (“City”) is a municipal corporation,
duly organized under the California Constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City of Big Bear Lake wishes to regulate sidewalk vending; and
WHEREAS, in 2018, the California Legislature passed SB 946 which prohibits cities from
regulating sidewalk vending, except in accordance with the provisions of SB 946; and
WHEREAS, SB 946 applies to both charter and general law cities; and
WHEREAS, SB 946 authorizes the implementation of regulations that are directly related
to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate
only in a designated neighborhood or area, except as specified; and
WHEREAS, permit requirements are consistent with SB 946, as they are reasonable, are
related to objective health, safety, and welfare concerns, and are based upon compliance with other
generally applicable laws including the Americans with Disabilities Act and the City’s general
Encroachment Permit requirements for work and/or activities in the public rights of way; and
WHEREAS, requirements for sidewalk vending requiring a minimum path of accessible
travel are necessary to comply with the Americans with Disabilities Act and maintain minimum
access along public sidewalks; and
WHEREAS, requirements for maintaining access to building entrances, and not blocking
driveways, parking areas and building storefront windows are necessary to guard the health and
safety of patrons, drivers, vendors and existing brick and mortar business owners; and
WHEREAS, the City Council finds and determines that the installation, repair,
maintenance, and removal of encroachments in the public way must be regulated in order to protect
the public health, safety, and welfare and to provide for the orderly administration and maintenance
of the public way for the benefit of the community, while at the same time allowing reasonable
accommodation and cooperative flexibility for providing necessary utility and other convenience
services to the community; and
WHEREAS, the City Council finds that public and private persons who install
encroachments in the public way bear a responsibility to help preserve the public way and to
contribute to the administrative costs incurred by the community because of such encroachments;
and
Ordinance No. 2019-XXX
Page 2
WHEREAS, the City Council finds that, unless properly regulated, sidewalk vendors pose
a unique risk to the health, safety, and welfare of the public due to the inherent risks associated
with sidewalk vending, including, but not limited to, impacts to traffic, pedestrian safety, zoning
concerns, mobility, unsanitary conditions involving food preparation, risks to children, and
consumer protection; and
WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be
located on private property and public streets and move quickly from place to place in the
community, including near parks, schools, and other places frequented by children, warrants
imposing certain regulatory measures, including requiring background checks, to protect the
health, safety, and welfare of the community; and
WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas
located within the immediate vicinity of a permitted certified farmers’ market and a permitted
swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity
of an area designated for a temporary special permit issued by a city; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE
DOES ORDAIN AS FOLLOWS:
SECTION 1: The recitals set forth above are true and correct and are hereby adopted as
findings in support of this Ordinance as if fully set forth herein.
SECTION 2: Chapter 12.64 is hereby added to the Big Bear Lake Municipal Code to read
as follows:
“Chapter 12.64 – SIDEWALK VENDING.
Section 12.64.010. Purpose.
The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-
permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special
dangers to the public health, safety, and welfare of residents and visitors. The purpose of this
Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect
the public health, safety, and welfare of the community while complying with the requirements of
SB 946 to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve
the public peace, safety, and welfare of the community.
Section 12.64.020. Definitions.
For purposes of this Chapter, the following definitions apply:
A. “City” means the City of Big Bear Lake.
Ordinance No. 2019-XXX
Page 3
B. “Sidewalk vendor or vending” means a person who sells food or merchandise from
a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized
conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
C. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from
place to place and stops only to complete a transaction.
D. “Special Event Permit” means a permit issued pursuant to Chapter 17.13 of the Big
Bear Lake Municipal Code.
E. “Park” shall mean any park, reservation, picnic-ground, playground, beach,
promenade, dog park, recreation center, ice arena, pool, sports field, sports court, sports arena,
field, skateboard park, bike park, public trail, open space or any other area owned or controlled by
the City, or any other governmental entity, and devoted to active or passive recreation.
F. “Certified Famers’ Market” means a location operated in accordance with Chapter
0.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any
regulations adopted pursuant to that chapter.
G. “Swap Meet” means a location operated in accordance with Article 6 (commencing
with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any
regulations adopted pursuant to that article.
Section 12.64.030. Permits Required.
A. All sidewalk vendors shall obtain a sidewalk vending business license prior to
engaging in any sidewalk vending activities. The following information shall be required:
1. Name, current mailing address, and phone number of the vendor; and
2. If the vendor is an agent of an individual, company, partnership, or
corporation, the name and business address of the principal; and
3. A description of the merchandise to be offered for sale; and
4. A copy of the California seller’s permit with the sales tax number issued by
the California Department of Tax and Fee Administration to the vendor; and
5. A copy of the vendor’s social security card with the number; or a copy of
the valid California Driver’s license issued to the vendor; or a copy of the
individual taxpayer identification number issued to the vendor; or a
municipal identification number. Any such identification number(s) or
license(s) collected shall not be available to the public for inspection and
shall remain confidential and not be disclosed except as required to
administer the permit or licensure program or comply with a state law or
state or federal court order
6. If preparing or selling food, a copy of a valid Health Permit issued by the
County of San Bernardino, a current decal sticker posted on the cart or other
means of nonmotorized conveyance, and a current San Bernardino County
food handlers card for all employees handling food on the cart or other
means of nonmotorized conveyance; and
Ordinance No. 2019-XXX
Page 4
7. If the vendor proposes to be a sidewalk vendor, a description or site plan
map of the proposed location(s) where vending will take place, showing that
the sidewalk location maintains a minimum of thirty-six inches (36”) of
accessible route area, in compliance with the Americans with Disabilities
Act; and
8. A description of the types of goods or services to be sold, the days/hours of
sales; and
9. A copy of the vendor’s general liability policy.
B. Prior to the issuance of a sidewalk vendor permit, the applicant shall cause to be
filed with the City Manager or his/her designee a LiveScan background check conducted by the
California Department of Justice within the previous six (6) months of the application date. The
Chief of Police shall furnish each applicant with a LiveScan request form for use at any LiveScan
vendor location.
C. At the time the application or renewal application is filed, the applicant shall pay
the business license fee as established by resolution of the City Council as set forth in Section
5.02.220 of the Municipal Code.
Section 12.64.040. Review of Permit Application; Decision.
A. Upon acceptance of a properly filed sidewalk vendor permit application and receipt
of an acceptable LiveScan report issued by the Department of Justice, the City Manager or his/her
designee shall conduct a preliminary investigation to determine compliance with this Chapter and
shall make such determination within no more than thirty (30) days of acceptance to approve or
deny the application. The City Manager or his/her designee shall provide the applicant with written
notice of his or her decision to the address indicated in the application.
B. The City Manager or his/her designee may deny an application for a permit if he or
she makes any of the following findings:
1. The applicant has failed to pay the application permit fee.
2. The applicant has made one or more material misstatements in the
application for a permit.
3. The applicant does not have a valid social security card or valid California
Driver’s license; or valid individual taxpayer identification number; or a
municipal identification number.
4. The applicant's vending operation, as described in the application, is
inconsistent with the standards, conditions, and requirements of this
Chapter.
5. The applicant is required to register under the provisions of California Penal
Code section 290.
6. Within three (3) years of the date of the application, the applicant has been
convicted in a court of competent jurisdiction or pled nolo contendere to
any felony offense involving the sale of a controlled substance specified in
California Health and Safety Code sections 11054, 11055, 11056, 11057 or
11058, or at the time of application is on probation or parole for any offenses
Ordinance No. 2019-XXX
Page 5
set forth in this section for an offense that was committed within three (3)
years of the date of the application.
C. If the application is denied, the reasons for disapproval shall be noted on the
application, and the applicant shall be notified that his or her application is denied and that no
permit will be issued. Notice shall be mailed to the applicant at the address shown on the
application form.
D. If the City Manager or his/her designee approves the applicant's permit, he or she
shall endorse his or her approval on the application and shall, upon payment of the prescribed fee,
deliver the permit to the applicant.
E. Exemptions. A sidewalk vending permit shall not be required for the following
activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not
open to the general public.
3. Events permitted pursuant to a lawfully issued temporary event permit
including but not limited to a Certified Farmers’ Market, Swap Meet, street
fairs, outdoor concerts, sport league opening day, and business sidewalk
sales.
F. Term of permit. A sidewalk vending permit issued pursuant to this Chapter shall
automatically expire one (1) year from the date issued, unless an earlier expiration date is noted
on the permit.
G. Transferability. A sidewalk vending permit shall not be transferable to any other
entity or person and is valid only as to the original applicant.
Section 12.64.050. Stationary Sidewalk Vending Locations and Standards.
A. Stationary sidewalk vendors shall be prohibited from operating or establishing in
any residential zone of the City, including the R-L, R-1, and R-3 residential zones.
B. Stationary sidewalk vendors may operate in non-residential zones of the City,
including mixed use zones, provided they meet the following:
1. The sidewalk vendor is duly licensed and meets all requirements of section
12.64.030; and
2. The sidewalk vendor can set up their vending operation while still leaving
a minimum of thirty-six inches (36”) of accessible path of travel, without
obstruction, along the public sidewalk or public pathway; and
3. Sidewalk vending hours shall be conducted between the hours of 10 A.M.
and 7 P.M. of every day; however, if other businesses or uses are permitted
to operate before or after the aforementioned times, sidewalk vending hours
Ordinance No. 2019-XXX
Page 6
shall conform with the time restrictions imposed on said other businesses or
uses permitted on that street; and
4. The sidewalk vendor maintains the vending area in a clean, orderly, and
sanitary condition; and
5. The sidewalk vendor location does not block entrances to private buildings,
private driveways, parking spaces or building windows; and
6. No vending shall occur within ten (10) feet of a fire hydrant, fire escape,
bus stop, loading zone, handicapped parking space or access ramp, fire
station driveway, or police station driveway; and
7. No tables, chairs, fences, shade structures, other site furniture, or any
freestanding signs shall be permitted in conjunction with the vendors
vending activities; and
8. The vendor shall not attach or use any water lines, electrical lines, or gas
lines during vending operations; and
9. Exterior storage or display of refuse, equipment, materials, goods, wares, or
merchandise associated with the vendor is prohibited; and
10. No vending shall occur within the immediate vicinity of an event held
pursuant to a Temporary Event Permit.
Section 12.64.060. Sidewalk Vending in Parks.
A. Sidewalk vending of food or merchandise by mobile or stationary vendors shall be
prohibited in any City Park with a concession stand operated by a vendor under exclusive contract
with the City selling similar food or merchandise.
B. Sidewalk vendors may operate in City Parks provided they meet the following:
1. The sidewalk vendor is duly licensed and meets all requirements of section
12.64.030; and
2. For stationary sidewalk vending, the sidewalk vendor can set up their
vending operation while still leaving a minimum of thirty-six inches (36”)
of accessible path of travel, without obstruction, along the public sidewalk
or public pathway; and
3. The sidewalk vendor shall cease operations one (1) hour prior to the close
of the park; and
4. The sidewalk vendor maintains the vending area in a clean, orderly, and
sanitary condition; and
5. The sidewalk vendor location does not block entrances to buildings,
driveways, parking spaces, or building windows; and
6. No vending shall occur within the immediate vicinity of an event held
pursuant to a Temporary Event Permit.
Section 12.64.070. Roaming Sidewalk Vending.
A. Roaming sidewalk vendors shall meet the following:
Ordinance No. 2019-XXX
Page 7
1. The sidewalk vendor is duly licensed and meets all requirements of section
12.64.030; and
2. Sidewalk vending hours for residential zones shall be conducted between
the hours of 10 AM and 7 PM; and
3. Sidewalk vending hours for non-residential zones Sidewalk vending hours
shall be conducted between the hours of 8 A.M. and 10 P.M. of every day;
however, if other businesses or uses are permitted to operate before or after
the aforementioned times, sidewalk vending hours shall conform with the
time restrictions imposed on said other businesses or uses permitted on that
street; and
4. The sidewalk vendor maintains their temporary vending area in a clean,
orderly, and sanitary condition; and
5. The sidewalk vendor does not block entrances to buildings, driveways,
parking spaces, or building windows; and
6. The sidewalk vendor does not conduct sales from a public street.
7. No vending shall occur within the immediate vicinity of an event held
pursuant to a Temporary Event Permit.
Section 12.64.080. Suspension; Revocation.
A. A sidewalk vendor permit issued under this Chapter may be suspended or revoked
by the City Manager or his/her designee for any of the following causes:
1. Fraud or misrepresentation in the course of vending;
2. Fraud or misrepresentation in the application for the permit;
3. Repeated vending in violation of this Chapter; or
4. Vending in a manner that creates a public nuisance or constitutes a danger
to the public.
B. Notice of the suspension or revocation of a sidewalk vendor permit issued under
this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or
her last known address.
Section 12.64.090. Appeals to City Manager.
In the event that any applicant or permittee desires to appeal from any order, revocation, or other
ruling of the City Manager or his/her designee made under the provisions of this Chapter, such
applicant or any other person aggrieved shall have the right to appeal such action or decision to
the City Council within fifteen (15) days after the notice of the action or decision has been mailed
to the person's address as shown on the permit application. An appeal shall be taken by filing with
the City Manager or his/her designee office a written appeal statement setting forth the grounds
for the appeal. The City Clerk shall transmit the written statement to the City Council within ten
(10) days of its filing and the City Manager shall set a time and place for a hearing on appeal. A
hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written
appeal statement with the City Clerk’s office. Notice of the time and place of the hearing shall be
given to the appellant in the same manner as provided for the mailing of notice of suspension or
Ordinance No. 2019-XXX
Page 8
revocation at least five (5) days prior to the date set for the hearing. The decision of the City
Council on the appeal shall be final and binding on all parties concerned.
Section 12.64.100. Penalties.
A. It is unlawful for any person to violate any provision or fail to comply with any
requirements of this Chapter. A violation of this Chapter shall by punished by:
1. An administrative fine not exceeding $100 for a first violation.
2. An administrative fine not exceeding $200 for a second violation within one
(1) year of the first violation.
3. An administrative fine not exceeding $500 for each additional violation
within one (1) year of the first violation.
4. Rescinding the vending permit issued to the vendor for the remaining term
of that permit upon the fourth violation or subsequent violations.
B. A violation of vending without a sidewalk vending permit, may, in lieu of the
penalties set forth in subsection (A), set forth above, be punished by:
1. An administrative fine not exceeding two hundred fifty ($250) dollars for a
first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a
second violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each
additional violation within one (1) year of the first violation.
C. If an individual is subject to subsection (B), set forth above, for vending without a
sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City,
the administrative fines set forth in this Chapter shall be reduced to the administrative fines set
forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be
deposited in the treasury of the City.
E. Failure to pay an administrative fine assessed under this Chapter shall not be
punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other
financial conditions beyond those authorized in this Chapter shall not be assessed.
F. Any violation of this Chapter shall not be punishable as an infraction or
misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be
subject to arrest except when otherwise permitted under law.
G. When assessing an administrative fine pursuant to this Chapter, the adjudicator
shall take into consideration the person’s ability to pay the fine. The City shall provide the person
with notice of his or her right to request an ability-to-pay determination and shall make available
instructions or other materials for requesting an ability-to-pay determination. The person may
Ordinance No. 2019-XXX
Page 9
request an ability-to-pay determination at adjudication or while the judgment remains unpaid,
including when a case is delinquent or has been referred to a comprehensive collection program.
1. If the person meets the criteria described in subdivision (a) or (b) of
Government Code section 68632, the City shall accept, in full satisfaction,
twenty (20) percent of the administrative fine imposed pursuant to this
Chapter.
2. The City may allow the person to complete community service in lieu of
paying the total administrative fine, may waive the administrative fine, or
may offer an alternative disposition.
H. A person who is currently serving, or who completed, a sentence, or who is subject
to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or
by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB
946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or
conviction before the trial court that entered the judgment of conviction in his or her case.”
SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance
or the application thereof to any entity, person or circumstance is held for any reason to be invalid
or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or
applications of this Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are severable. The City Council of
the City of Big Bear hereby declares that it would have adopted this Ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 4. CEQA. This Ordinance is exempt from the requirements of the California
Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project”
and has no potential to result in a direct or reasonably foreseeable indirect physical change to the
environment. 14 Cal. Code Regs. § 15378. The Director of Community Services shall cause a
Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days
following its adoption.
SECTION 6. Publication. 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.
ORDINANCE PASSED AND APPROVED on this ____ day of ___________, 2019 by
the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
Ordinance No. 2019-XXX
Page 10
______________________
Randall Putz, Mayor
ATTEST:
____________________________
Erica Stephenson, City Clerk
APPROVED AS TO FORM:
____________________________
Stephen P. Deitsch, City Attorney
Ordinance No. 2019-XXX
Page 11
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 Ordinance No. 2019-
XXX is a full, true and correct original of Ordinance No. 2019-XXX of the City of Big Bear Lake,
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ADDING CHAPTER
12.64 TO THE BIG BEAR LAKE MUNICIPAL CODE, IMPOSING REGULATIONS ON
SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said
City, and attested by the City Clerk of said City, all at a regular meeting of said Council on the __
day of February, 2019, and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
I do hereby further certify that pursuant to the provisions of Section 36933 of the Government
Code of the State of California that the foregoing Ordinance No. 2019-XXX was duly and regularly
published according to law and the order of the City Council and circulated within said City.
____________________________
Erica Stephenson, City Clerk
Attachment C
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Community Services Director
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:
Sidewalk Vending Ordinance
Project Location - Specific:
Citywide
Description of Project:
Not a “project”. Adoption of an Ordinance regulating Sidewalk Vending activities throughout the City.
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, Community Services Director
Exempt Status: (check one) (State type and section number)
XX Categorically Exempt
Section: 15378
Reasons why project is exempt:
The Sidewalk Vending Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant
to Section 15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action, which has
a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment. The Ordinance is an administrative report that, by itself,
authorizes no development or any discretionary action, and therefore is exempt from CEQA.
Lead Agency or Contact Person: Area Code/Telephone/Extension
Philip K. Mosley, Jr., Community Services Director (909) 866-5831
Date: February 25, 2019
Signature:
______________________________
Philip K. Mosley, Jr. Community Services Director
AGENDA REPORT
MEETING DATE: February 25, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
PREPARED BY: Philip K. Mosley, Jr., Director of Community Services
SUBJECT: INTRODUCTION OF AN ORDINANCE ADDING
CHAPTER 12.70 TO TITLE 12 OF THE BIG BEAR LAKE
MUNICIPAL CODE, IMPOSING REGULATIONS ON
AGGRESSIVE SOLICITING ON PUBLIC PROPERTY IN
COMPLIANCE WITH SENATE BILL 946
BACKGROUND
Section 5.64.020 of the Big Bear Lake Municipal Code (BBLMC) prohibits vending such as
peddling, soliciting, and hawking, on public sidewalks. Senate Bill 946 (SB-946) restricts
municipalities from prohibiting these activities. However, municipalities may adopt regulations
governing these activities if they comply with the SB-946 provisions.
DISCUSSION
The BBLMC currently does not include regulations restricting aggressive solicitation practices.
As such, aggressive peddling, soliciting, and hawking activities are not prohibited or restricted
in any way. The proposed ordinance amends the BBLMC to include specific regulations to
govern these activities. The proposed ordinance also complies with SB-946.
FISCAL IMPACT
Adoption of this ordinance has no direct fiscal impact to the City.
ENVIRONMENTAL
This project qualifies for exemption from the California Environmental Quality Act (CEQA),
pursuant to Section 15378 of the State CEQA Guidelines. A Notice of Exemption is attached to
this Staff Report.
AGENDA REPORT: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 12.70 TO
TITLE 12 OF THE BIG BEAR LAKE MUNICIPAL CODE, IMPOSING
REGULATIONS ON AGGRESSIVE SOLICITING ON PUBLIC
PROPERTY IN COMPLIANCE WITH SENATE BILL 946
February 25, 2019
Page 2
RECOMMENDATION
It is recommended that City Council:
1. Read the title of Ordinance No. 2019-XXX entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA ADDING CHAPTER 12.70 TO TITLE 12 OF THE BIG
BEAR LAKE MUNICIPAL CODE, RELATING TO AGGRESSIVE SOLICITING
ON PUBLIC PROPERTY IN COMPLIANCE WITH SENATE BILL 946, waive
further reading and introduce Ordinance No. 2019-XXX, and
2. Determine this ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15378 of the State CEQA Guidelines.
Attachments:
A. Senate Bill 946
B. Ordinance No. 2019-XXX
C. CEQA Notice of Exemption
Attachment A
Attachment B
ORDINANCE NO. 2019-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA ADDING CHAPTER 12.70 TO
TITLE 12 OF THE BIG BEAR LAKE MUNICIPAL CODE,
RELATING TO AGGRESSIVE SOLICITING ON PUBLIC
PROPERTY IN COMPLIANCE WITH SENATE BILL 946
WHEREAS, the City of Big Bear Lake (“City”) has the authority to regulate to ensure the
public’s health, safety, and general welfare; and
WHEREAS, subject to the limitations imposed by the United States and California
Constitutions, the City has the authority to regulate solicitation; and
WHEREAS, these limitations generally require that regulations be narrowly tailored to
regulate solicitation that specifically interferes with the City’s stated interests; and
WHEREAS, the City has a lawful interest in ensuring traffic safety and traffic flow
throughout its jurisdiction; and
WHEREAS, the City has a lawful interest in protecting its citizens from the fear and
intimidation accompanying certain kinds of aggressive solicitation; and
WHEREAS, an increase in aggressive solicitation throughout the City has become
extremely disturbing and disruptive to residents and businesses, and has contributed not only to
the loss of access to and enjoyment of public places, but also to an enhanced sense of fear,
intimidation, and disorder; and
WHEREAS, the presence of individuals who solicit money from persons at or near banks
or automated teller machines is especially threatening and dangerous, and such activity often
carries with it an implicit threat to both person and property; and
WHEREAS, the City Council finds abusive the solicitation of people in places where they
are a “captive audience” in which it is impossible or difficult for them to safely exercise their own
right to decline to listen or to avoid solicitation from others, and restricting solicitation in such
places will provide an adequate balance between the rights of solicitors and the rights of persons
who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of
violence in such unwarranted and unavoidable confrontations; and
WHEREAS, actively soliciting vehicles within the roadway and near the entrance and exit
of parking lots and structures creates traffic hazards, including impeding the safe, orderly flow of
traffic, and these hazards cannot be mitigated through the enforcement of existing regulations; and
WHEREAS, permitting active solicitation in most sidewalks ensures persons have an
adequate opportunity and avenue to engage in constitutionally protected activities.
Ordinance No. 2019-XXX
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.70 is hereby added to the Big Bear Lake Municipal Code to read:
“Chapter 12.70 – AGGRESSIVE SOLICITATION
Sec. 12.70.010 – Purpose and intent.
This Chapter is intended to protect the public health, welfare, and safety by prohibiting aggressive
forms of solicitation in or near roadways or other sensitive locations. This Chapter is enacted for
the purposes of protecting the privacy and safety of residents in roadways or where they may be
actively operating a motor vehicle and thus to ensure the safe and orderly flow of traffic throughout
the City.
Sec. 12.70.020 – Definitions.
A. “Aggressive manner” shall mean any of the following:
1. Approaching or speaking to a person, or following the person before, during, or
after soliciting, asking, or begging, if that conduct is intended or is likely to cause
a reasonable person to
(a) fear bodily harm to oneself or to another, damage to or loss of property, or
(b) otherwise be intimidated into giving money or other thing of value;
2. Intentionally touching or causing physical contact with another person or an
occupied vehicle without that person’s consent in the course of soliciting, asking,
or begging;
3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or
vehicle by any means, including unreasonably causing a pedestrian or vehicle
operator to take evasive action to avoid physical contact;
4. Using gestures that a reasonable person would regard as threatening or violent
toward a person solicited either before, during, or after soliciting, asking, or
begging;
5. Persisting in closely following or approaching a person after the person solicited
has been solicited and has informed the solicitor by words or conduct that such
person does not want to be solicited or does not want to give money or any other
thing of value to the solicitor;
6. Repeatedly soliciting a person after the person solicited has been solicited and has
informed the solicitor by words or conduct that such person does not want to be
Ordinance No. 2019-XXX
Page 3
solicited or does not want to give money or any other thing of value to the solicitor,
or
7. Using profane, offensive, or abusive language which is inherently likely to provoke
an immediate violent reaction either before, during, or after solicitation.
G. “Public place” shall mean a place to which the public or a substantial group of persons has
access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza,
transportation facility, school, place of amusement, park, playground, and any doorway,
entrance, hallway, lobby, or other portion of any business establishment, an apartment
house, or hotel not constituting a room or apartment designed for actual residence.
J. “Solicit, ask, or beg” shall include using the spoken, written, or printed word, or bodily
gestures, signs, or other means with the purpose of obtaining an immediate donation of
money or other thing of value or soliciting the sale of goods or services.
Sec. 12.70.030 – Aggressive Solicitation Prohibited
No person shall solicit, ask, or beg in any public place in an aggressive manner.
Sec. 12.70.040 – Motor Vehicles and Parking Lots
A. Motor Vehicles. No person shall approach an operator or occupant of a motor vehicle for
the purpose of soliciting, asking, or begging while such vehicle is being operated in any
public place.
B. Parking Lots and Gas Stations. No person shall solicit, ask or beg in any parking lot,
parking structure, or gas station.
C. Exemptions. This Section shall not apply to any of the following:
1. To solicitations related to business that is being conducted on the subject premises
by the owner or lawful tenant; or
2. To solicitations related to emergency repairs requested by the operator or other
occupant of a vehicle; or
3. To solicitations on any sidewalk or walkway unless located within ten (10) feet of
the vehicular entrance or exit of any parking lot or structure.
Sec. 12.70.050 – Demand for Services.
This chapter is not intended to proscribe any demand for payment for services rendered or goods
delivered.
Ordinance No. 2019-XXX
Page 4
Sec. 12.70.060 – Free Speech
This chapter is not intended to restrict the exercise of protected free speech, and is intended to
leave open ample alternative means of communication for all members of the community and for
all protected speech activities.
Sec. 12.70.070 – Nonexclusivity
Nothing in this section shall limit or preclude the enforcement of other applicable laws.
Sec. 12.70.080 – Penalty
Any person violating the provisions of this chapter shall be deemed guilty of a
misdemeanor and, upon conviction, shall be fined in an amount not to exceed five hundred
dollars, or by imprisonment in the county jail for a period of not more than six months, or by
both such fine and imprisonment. Nothing in this article shall limit or preclude the enforcement
of other applicable laws.”
SECTION 2. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portion of this ordinance or any part
thereof. The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared
unconstitutional.
SECTION 4. Certification. The City Clerk shall certify the passage of this Ordinance and
shall cause the same to be entered in the book of original ordinances of said City; shall make a
minute passage and adoption thereof in the records of the meeting at which time the same is passed
and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the
same to be published as required by law, in a local newspaper of general circulation and which is
hereby designated for that purpose.
SECTION 5. CEQA. This Ordinance is exempt from the requirements of the California
Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project”
and has no potential to result in a direct or reasonable foreseeable indirect physical change to the
environment. 14 Cal. Code Regs. § 15378. The Director of Community Services shall cause a
Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
Ordinance No. 2019-XXX
Page 5
ORDINANCE PASSED AND APPROVED on this ____ day of February, 2019 by the
following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Randall Putz, Mayor
ATTEST:
____________________________
Erica Stephenson, City Clerk
APPROVED AS TO FORM:
____________________________
Stephen Deitsch, City Attorney
Ordinance No. 2019-XXX
Page 6
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 Ordinance No. 2019-
XXX is a full, true and correct original of Ordinance No. 2019-XXX of the City of Big Bear Lake,
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ADDING CHAPTER 12.70
TO TITLE 12 OF THE BIG BEAR LAKE MUNICIPAL CODE, RELATING TO
AGGRESSIVE SOLICITING ON PUBLIC PROPERTY IN COMPLIANCE WITH
SENATE BILL 946
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said
City, and attested by the City Clerk of said City, all at a regular meeting of said Council on the __
day of February, 2019, and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
I do hereby further certify that pursuant to the provisions of Section 36933 of the Government
Code of the State of California that the foregoing Ordinance No. 2019-XXX was duly and regularly
published according to law and the order of the City Council and circulated within said City.
____________________________
Erica Stephenson, City Clerk
Attachment C
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Community Services Director
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:
Aggressive Solicitation Ordinance
Project Location - Specific:
Citywide
Description of Project:
Not a “project”. Adoption of an Ordinance regulating Aggressive Solicitation activities throughout the City.
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, Community Services Director
Exempt Status: (check one) (State type and section number)
XX Categorically Exempt
Section: 15378
Reasons why project is exempt:
The Aggressive Solicitation Ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action,
which has a potential for resulting in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. The Ordinance is an administrative report that, by
itself, authorizes no development or any discretionary action, and therefore is exempt from CEQA.
Lead Agency or Contact Person: Area Code/Telephone/Extension
Philip K. Mosley, Jr., Community Services Director (909) 866-5831
Date: February 25, 2019
Signature:
______________________________
Philip K. Mosley, Jr. Community Services Director
AGENDA REPORT
MEETING DATE: February 25, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
PREPARED BY: Philip K. Mosley, Jr., Director of Community Services
SUBJECT: INTRODUCTION OF AN ORDINANCE ADDING
CHAPTER 12.80 TO TITLE 12 OF THE BIG BEAR LAKE
MUNICIPAL CODE RELATING TO CAMPING AND
LOITERING ON PUBLIC PROPERTY
BACKGROUND
Title 12 of the Big Bear Lake Municipal Code (BBLMC) regulates the use of public streets,
sidewalks, and other public places. Recent precedent-setting legal findings conflict with specific
language in the BBLMC regarding the use of public spaces for camping or long-term occupancy.
DISCUSSION
Section 12.80 is proposed to be added to the BBLMC to provide specific regulations pertaining
to the use of city streets, sidewalks and public places for camping and loitering. The proposed
ordinance would add regulations necessary to address potential negative behaviors that could
result from the broad allowances for camping and loitering granted by recent precedent setting
court rulings.
Additionally, separate precedent setting court rulings have established requirements specific to
a jurisdiction for notice and impoundment of abandoned personal property. Accordingly, a policy
setting guidelines to be followed by the city staff when abandoned personal property is
encountered is attached for review and approval of the City Council.
FISCAL IMPACT
Adoption of this ordinance has no direct fiscal impact to the City.
ENVIRONMENTAL
This project qualifies for exemption from the California Environmental Quality Act (CEQA),
pursuant to Section 15378 of the State CEQA Guidelines. A Notice of Exemption is attached to
this Staff Report.
AGENDA REPORT: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 12.80 TO
TITLE 12 OF THE BIG BEAR LAKE MUNICIPAL CODE RELATING TO
CAMPING AND LOITERING ON PUBLIC PROPERTY
February 25, 2019
Page 2
RECOMMENDATION
It is recommended that City Council:
1. Read the title of Ordinance No. 2019-XXX entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDNIO,
STATE OF CALIFORNIA ADDING CHAPTER 12.80 TO TITLE 12 OF THE BIG
BEAR LAKE MUNICIPAL CODE RELATING TO CAMPING AND LOITERING
ON PUBLIC PROPERTY, waive further reading and introduce Ordinance No. 2019-XXX,
and
2. Determine this ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15378 of the State CEQA guidelines, and
3. Approve guidelines for noticing and impoundment of abandoned personal property.
Attachments:
A. Ordinance No. 2019-XXX
B. Abandoned Personal Property Policy
C. CEQA Notice of Exemption
Attachment A
ORDINANCE NO. 2019-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA ADDING CHAPTER 12.80 TOTITLE 12 OF THE BIG BEAR LAKE MUNICIPAL CODERELATING TO CAMPING AND LOITERING ON PUBLICPROPERTY
WHEREAS, the City of Big Bear Lake (“City”) has the authority to regulate to ensure thepublic’s health, safety, and general welfare; and
WHEREAS, the City encourages the lawful use of open spaces and facilities within theCity by all members of the community; and
WHEREAS, camping within the City limits creates an unsafe and potentially disorderlyenvironment for the persons engaged in the camping as well as persons coming into contact withthe campers; and
WHEREAS, camping within the City limits creates unsanitary and unhealthful conditionsthat may affect both the campers and the general public; and
WHEREAS, camping within the City limits tends to degrade or even destroy the propertyupon which the camping occurs, particularly in situations where an encampment is large andongoing; and
WHEREAS, camping within the City limits detracts from the use of the property for itsintended purposes; and
WHEREAS, the California Supreme Court has, on several occasions, upheld theconstitutionality of ordinances prohibiting camping on public property; and
WHEREAS, the City finds that camping prohibitions will best serve the public’s health,safety, and general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.80 is hereby added to the Big Bear Lake Municipal Code to read:
“Chapter 12.80 – CAMPING AND LOITERING WITHIN CITY LIMITS
Sec. 12.80.010 – Purpose and intent.
This Chapter is intended to protect the public health, welfare, and safety by reserving open spaces
and facilities within the City limits for their intended purposes. Public property within the City
should be readily accessible and available to residents and the public at large. The use of these
areas for camping purposes or storage of personal property or loitering interferes with the rights
Ordinance 2019-XXXPage 2
of others to use the areas for their intended purposes and is deleterious to the public peace, health,
safety, and welfare. The use of these areas for camping or loitering obstructs the intended uses for
the public at large, contributes to blight, and can cause damage to public property. This Chapter
is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful
conditions, and the degradation or destruction of open spaces and facilities within the City.
Section 12.80.020 – Definitions.
A. “Camping” means residing in or using any public property for one or more nights for living
accommodation purposes, such as sleeping activities or making preparations to sleep
(including the laying down of bedding for the purpose of sleeping), or storing personal
belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets,
luggage, backpacks, kitchen utensils, cookware, and similar material), or making any fire
or using any tents, and regularly cooking meals, or living in a parked vehicle. These
activities constitute camping when it reasonably appears, in light of all the circumstances
that a person is using public property as a living accommodation for one or more nights,
with the intent to camp.
B. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
C. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags,
hammocks, or non-City designated cooking facilities and similar equipment.
D. “Public property” means any publicly owned property in the City, whether improved or
unimproved, including, but not limited to, any of the following: public alleyways; public
parking lots; public passageways; public streets; public rights-of-way; publicly owned,
maintained, or operated parks; publicly owned, maintained, or operated landscaped areas
or greenbelts; publicly owned drainage canals or other water ways; publicly owned,
maintained, or operated open spaces including, but not limited to, public facilities or
buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions;
or other government owned, maintained, or operated properties located within the City.
E. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
Sec. 12.80.030 – Unlawful Camping
It shall be unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on
any public property within the City, except as otherwise provided herein or mandated by applicable
law.
Sec. 12.80.040 – Storage of Personal Property on Public Property
Ordinance 2019-XXXPage 3
It shall be unlawful for any person to store personal property, including camp facilities and camp
paraphernalia, on any public property within the City, except as otherwise provided herein or
mandated by applicable law.
Sec. 12.80.050 – Notice and Impoundment of Abandoned Personal Property
Any personal property or possessions located on public property that are unattended and whose
owner cannot be readily identified are presumed to be abandoned. Whenever possible, Code
Compliance Officers shall make a reasonable effort to ascertain whether the unattended personal
property or possessions have actually been abandoned. If Enforcement Officials decide the
property is abandoned, they shall provide a minimum of three (3) hours advanced notice upon the
expiration of which they shall impound the property. Upon impounding the property, the Code
Compliance Officers shall provide written notice detailing contact information and instructions on
how the owner may recover the property. The City shall wait at least ninety (90) days before
destroying any impounded property.
Sec. 12.80.060 – Exemption for Necessity
The provisions of this chapter shall not apply to any individual camping by necessity because every
shelter in the local area is at capacity and there is no available option for sleeping indoors.
Sec. 12.80.070 – Loitering
It shall be unlawful for any person to willfully stand, sit, or lie across any path or public right of
way or in front of the ingress or egress of any building in a manner that obstructs a reasonable
person from safely traversing said path or public right of way or safely entering or exiting said
building.
Sec. 12.80.080 – Penalty
Any person violating the provisions of this chapter shall be deemed guilty of an infraction and,
upon conviction, shall be fined in an amount not exceeding one hundred dollars ($100.00) for the
first offense, not exceeding two hundred dollars ($200.00) for the second violation of the same
provision within one (1) year, and a fine not exceeding five hundred dollars ($500.00) for each
additional violation of the same provision within one (1) year. However, the citing official or
prosecuting attorney may prosecute the offense as a misdemeanor if it is determined that doing so
would be in the interests of justice. An individual convicted for a misdemeanor violation of the
provisions of this chapter shall be fined in an amount not to exceed five hundred dollars, or by
imprisonment in the county jail for a period of not more than six months, or by both such fine and
imprisonment. Nothing in this article shall limit or preclude the enforcement of other applicable
laws.”
SECTION 2. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Ordinance 2019-XXXPage 4
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or
more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared
unconstitutional.
SECTION 4. Certification. The City Clerk shall certify the passage of this Ordinance
and shall cause the same to be entered in the book of original ordinances of said City; shall make
a minute passage and adoption thereof in the records of the meeting at which time the same is
passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof,
cause the same to be published as required by law, in a local newspaper of general circulation
and which is hereby designated for that purpose.
SECTION 5. CEQA. This Ordinance is exempt from the requirements of the California
Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a
“project” and has no potential to result in a direct or reasonably foreseeable indirect physical
change to the environment. 14 Cal. Code Regs. § 15378. The Community Services Director
shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA
Guidelines.
ORDINANCE PASSED AND APPROVED on this ____ day of February, 2019 by thefollowing vote.
AYES:NOES:ABSTAIN:ABSENT:
______________________Randall Putz, Mayor
ATTEST:
____________________________Erica Stephenson, City Clerk
APPROVED AS TO FORM:
____________________________Stephen Deitsch, City Attorney
Ordinance 2019-XXXPage 5
STATE OF CALIFORNIA)COUNTY OF SAN BERNARDINO) ssCITY OF BIG BEAR LAKE)
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that thewhole number of the City Council of the said City is five; that the foregoing Ordinance No. 2019-XXX is a full, true and correct original of Ordinance No. 2019-XXX of the City of Big Bear Lake,entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ADDING CHAPTER 12.80TO TITLE 12 OF THE BIG BEAR LAKE MUNICIPAL CODE RELATING TOCAMPING AND LOITERING ON PUBLIC PROPERTY
was duly passed and adopted by the said City Council, approved and signed by the Mayor of saidCity, and attested by the City Clerk of said City, all at a regular meeting of said Council on the __day of February, 2019, and that the same was so passed and adopted by the following vote:
AYES:NOES:ABSTAIN:ABSENT:
I do hereby further certify that pursuant to the provisions of Section 36933 of the GovernmentCode of the State of California that the foregoing Ordinance No. 2019-XXX was duly and regularlypublished according to law and the order of the City Council and circulated within said City.
____________________________Erica Stephenson, City Clerk
Attachment B
CITY OF BIG BEAR LAKE, CALIFORNIA
ADMINISTRATIVE INSTRUCTION
Number 2019-XX Issued: 2/25/2019 Revised:
SUBJECT: IMPOUNDMENT OF ABANDONED PERSONAL PROPERTY
PURPOSE
To document the City of Big Bear Lake's policy for the impoundment of abandoned personal
property.
PURPOSE
The purpose of this policy is to establish standard guidelines for the noticing and impoundment of
abandoned personal property, as set forth in Section 12.80.050 of the Big Bear Lake Municipal
Code (BBLMC). This policy safeguards the health, safety, welfare, and beauty of the City of Big
Bear Lake, and protects property interests of all individuals within city limits.
This policy is not intended to be all-inclusive. It provides general, standardized procedures for the
impoundment, noticing, storage, and retrieval of abandoned personal property. City employees
shall follow the procedures identified in this policy when possible and practical.
PROCEDURE
Pre-Collection Noticing:
As specified in Section 12.80.050 of the BBLMC, a Code Compliance Officer may declare
property to be abandoned if (1) the property is unattended and (2) the Code Compliance Officer
is unable to identify the owner of the property through reasonable efforts. Upon determining that
the property is abandoned, the Code Compliance Officer must provide a minimum of three (3)
hours advance written notice before impounding the property. The advance written notice must
satisfy the following criteria:
1. Shall be securely attached to the property that will be impounded;
2. Shall state that the property will be impounded and stored unless it is attended or
removed at the time of expiration of the notice period;
3. Shall identify a location at which impounded personal property may be retrieved;
4. Shall state that the property may be retrieved Monday through Thursday between 9 a.m.
and 4 p.m. without an appointment, or Friday through Sunday between 9 a.m. and 4
p.m. by appointment;
5. Shall provide a phone number to call for additional information regarding retrieval of
impounded personal property;
Administrative Instruction No. 2019-XX
Page 2
6. Shall indicate that identification is not required for retrieval of impounded personal
property, except for prescription medications, which require valid identification to
verify identity;
7. Shall state that an individual may establish ownership of the property by describing the
location of the seizure and the contents; and
8. Shall indicate that impounded personal property may be picked up free of charge and
that no negative legal consequences will result from retrieving the property, including
tickets, fines, citations, or checking for warrants.
Property Obstructing Rights-Of-Way:
Where property deemed abandoned by a Code Compliance Officer obstructs a public right of
way by reducing a path of travel to less than thirty-six inches (36”) of width, the property may be
moved without prior notice to re-establish a safe path of travel. The Code Compliance Officer
shall make reasonable efforts to reposition, rather than to impound, the property to within twenty
feet (20’) of its original location to re-establish a safe path of travel. If this is not possible, the
property may be impounded without advance notice. In this case, the Code Compliance Officer
shall provide post-collection noticing as specified below, and impound the property for a
minimum of ninety (90) days, in accordance with this policy.
Post-Collection Noticing:
After determining that personal property has been abandoned and the minimum pre-collection
noticing period has passed, the abandoned personal property may be impounded. In this case,
the Code Compliance Officer shall provide a written impoundment notice that meets the
following criteria:
1. Shall be securely attached to a structure within ten feet (10’) of the location where the
property was collected, or provided to the property owner when applicable;
2. Shall indicate the date and time of removal;
3. Shall indicate the collection case number;
4. Shall provide a phone number to call for additional information regarding retrieval of
impounded personal property;
5. Shall provide the address where the impounded personal property can be retrieved;
6. Shall indicate that the property may be retrieved Monday through Thursday between 9
a.m. and 4 p.m. without an appointment, or Friday through Sunday between 9 a.m. and 4
p.m. by appointment;
7. Shall indicate that identification is not required for retrieval of impounded personal
property, except for prescription medications, which require valid identification to verify
identity;
8. Shall state that an individual may establish ownership of the property by describing the
location of the seizure and the contents; and
9. Shall indicate that impounded personal property may be picked up free of charge and that
no negative legal consequences will result from retrieving the property, including tickets,
fines, citations, or checking for warrants.
Administrative Instruction No. 2019-XX
Page 3
Storage of Abandoned Property:
Impounded personal property shall be stored at [ADDRESS TO BE DETERMINED WHEN
FACILITIES ARE ESTABLISHED]. Impounded personal property shall not be destroyed
unless such property remains unclaimed for a minimum period of ninety (90) days. The
following protocols shall apply:
1. Impounded personal property shall be stored in containers or bags marked with the date,
time, and location of collection;
2. With the exception of designated City holidays, individuals may retrieve impounded
personal property without appointment Monday through Thursday from 9 a.m. to 4 p.m.,
and by appointment Friday through Sunday between 9 a.m. and 4 p.m.;
3. Individuals retrieving impounded personal property must accurately identify the
approximate location of the property’s collection, reasonably describe the items collected,
or otherwise be able to establish ownership;
4. Except for medications, individuals shall not be required to provide any form of
identification in order to claim impounded personal property.
Storage of Prescription Medications:
Impounded prescription medication shall be surrendered to the San Bernardino County Sheriff’s
Office.
Abandoned Property That Poses Health and Safety Risks:
Code Compliance Officers shall not collect, impound, or otherwise store abandoned property that
may pose a serious and immediate risk to human health and safety, is hazardous, or is refuse.
Refuse shall consist of items such as spoiled food, items which are strewn, unfolded clothing or
bedding, and items left outside of any container or bag that a reasonable person would identify as
having no commercial or intrinsic value. Items left inside a trash receptacle, and unattended items
within three feet (3’) of a trash receptacle are considered refuse.
REVIEW AUTHORITY
The City Manager may revise or amend this policy at any time.
AUTHORIZATION
The Director of Development Services, or designee, has the authority to implement this policy.
___________________________
Jeff Mathieu
City Manager
Attachment C
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Community Services Director
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:
Camping & Loitering Ordinance
Project Location - Specific:
Citywide
Description of Project:
Not a “project”. Adoption of an Ordinance regulating Camping and Loitering activities throughout the City.
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, Community Services Director
Exempt Status: (check one) (State type and section number)
XX Categorically Exempt
Section: 15378
Reasons why project is exempt:
The Camping & Loitering Ordinance is not subject to the California Environmental Quality Act (CEQA)
pursuant to Section 15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action,
which has a potential for resulting in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. The Ordinance is an administrative report that, by
itself, authorizes no development or any discretionary action, and therefore is exempt from CEQA.
Lead Agency or Contact Person: Area Code/Telephone/Extension
Philip K. Mosley, Jr., Community Services Director (909) 866-5831
Date: February 25, 2019
Signature:
______________________________
Philip K. Mosley, Jr. Community Services Director
AGENDA REPORT
MEETING DATE: February 25, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Jeff Mathieu, City Manager
PREPARED BY: Philip K. Mosley, Jr., Director of Community Services
SUBJECT: INTRODUCTION OF AN ORDINANCE ADDING TITLE 18TO THE BIG BEAR LAKE MUNICIPAL CODE,RELATING TO PARKS AND RECREATION INCOMPLIANCE WITH SENATE BILL 946
BACKGROUND
During the last several years, the City has significantly improved public park facilities andembarked on a comprehensive trail construction and improvement program. Senate Bill 946restricts municipalities from prohibiting certain activities on public property, many of whichpotentially threaten public health, safety, and welfare. However, municipalities may adoptregulations governing these activities if they comply with the SB-946 provisions.
DISCUSSION
Currently, general provisions in various portions of the City of Big Bear Lake Municipal Code(BBLMC) and certain provisions of the California Penal and Vehicle Codes are used loosely toregulate activities within City parks, trails, and other public facilities. However, these provisionsdo not explicitly restrict many activities, such as vending, camping, and soliciting, allowed bySB-946. This Ordinance provides the framework necessary to regulate these specific activities,and is intended to protect public health, safety, and welfare. The proposed ordinance alsocomplies with SB-946.
FISCAL IMPACT
Adoption of this ordinance has no direct fiscal impact to the City.
ENVIRONMENTAL
This project qualifies for exemption from the California Environmental Quality Act (CEQA),pursuant to Section 15378 of the State CEQA Guidelines. A Notice of Exemption is attached tothis Staff Report.
AGENDA REPORT: INTRODUCTION OF AN ORDINANCE ADDING TITLE 18 TO THE BIGBEAR LAKE MUNICIPAL CODE, RELATING TO PARKS ANDRECREATION IN COMPLIANCE WITH SENATE BILL 946
February 25, 2019Page 2
RECOMMENDATION
It is recommended that City Council:
1. Read the title of Ordinance No. 2019-XXX entitled AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA ADDING TITLE 18 TO THE BIG BEAR LAKEMUNICIPAL CODE, RELATING TO PARKS AND RECREATION INCOMPLIANCE WITH SENATE BILL 946, waive further reading and introduceOrdinance No. 2019-XXX, and
2. Determine this ordinance is exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15378 of the State CEQA Guidelines.
Attachments:A. Senate Bill 946B. Ordinance No. 2019-XXXC. CEQA Notice of Exemption
Attachment A
Attachment B
ORDINANCE NO. 2019-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA ADDING TITLE 18 TO THE BIGBEAR LAKE MUNICIPAL CODE, RELATING TO PARKSAND RECREATION IN COMPLIANCE WITH SENATEBILL 946.
WHEREAS, the City of Big Bear Lake, California (“City”) is a municipal corporation,duly organized under the constitution and laws of the State of California; and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,the City has the authority to enact laws which promote the public health, safety, and generalwelfare of its citizens; and
WHEREAS, rules and regulations establishing appropriate use of parks promote socialwell-being by ensuring safe access to all residents; and
WHEREAS, rules and regulations establishing appropriate use of parks protect thepublic financially by mitigating against the destruction and degradation of said parks; and
WHEREAS, the residents of the City have the right to enjoy the City’s parks withoutannoyance or fear of personal injury; and
WHEREAS, the regulation of vendors in the City’s parks promotes the health, safety,and welfare of all residents; and
WHEREAS, the regulation of vendors in the City’s parks is necessary to ensure thepublic’s use and enjoyment of natural resources and recreational opportunities; and
WHEREAS, the regulation of vendors in the City’s parks is necessary to prevent anundue concentration of commercial activity that unreasonably interferes with the scenic andnatural character of the City’s parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEARLAKE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Title 18 is hereby added to the Big Bear Lake Municipal Code to read:
“Title 18 – Parks and Recreation
Chapter 18.01 – GENERAL PROVISIONS.
18.01.010 – Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words andphrases used in this chapter are defined as follows:
Ordinance No. 2019-XXXPage 2
(a) “Beach” shall mean any beach, shore, strand, or area of sand adjacent to Big Bear Lakewithin the City, and owned or controlled by the City, or any other government entity.
(b) “Director” shall mean city manager or his/her designee.
(c) “Park” shall mean any park, reservation, picnic-ground, playground, beach, promenade, dogpark, recreation center, ice arena, pool, sports field, sports court, sports arena, field, skateboardpark, bike park, public trail, open space or any other area owned or controlled by the City, or anyother governmental entity, and devoted to active or passive recreation.
(d) “Person” shall mean any person, firm, partnership, association, corporation, company, ororganization of any kind.
18.01.020 – Declaration of Policy
City parks are established for the use and enjoyment of all persons in the pursuit of recreation,whether active or passive. It is the City’s responsibility to promote the health, peace, safety,welfare, and convenience of all persons in regard to their use and enjoyment of any City-ownedpark as defined in Chapter 18.01.010. The City Council finds that to give practical effect to thispolicy and to insure that all persons may enjoy such parks, trails, and open spaces, it is necessaryto regulate the use of City-owned parks.
18.01.030 – Enforcement of Chapter
Peace officers of the state of California, and the Director or his/her designee, shall, in connectionwith their duties imposed by law, diligently enforce the provisions of this chapter and shall havethe following powers and authorities:
(a) The authority to eject from the park any person acting in violation of this chapter.
(b) The authority to seize and confiscate any property, thing or device abandoned, left or usedunlawfully in the park.
(c) The authority to issue citations in accordance with Chapter 1.16 or 1.17.
Chapter 18.02 – Use Regulations
18.02.010 – Protection of Park Property
It shall be unlawful and an infraction for any person to do any of the following in a park:
(a) Disfigurement and Removal. Willfully destroy, mark, deface, disfigure, injure, tamper with,displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or pavingmaterial, water lines, natural or manmade landscaping, signs, notices or placards whethertemporary or permanent, monuments, stakes, posts, or other boundary markers, public utilities orparts or appurtenances thereof, play structures and parts thereof, and any other structures orequipment, facilities or park property or appurtenances whatsoever, either real or personal.
Ordinance No. 2019-XXXPage 3
(b) Restrooms and Washrooms. Fail to cooperate in maintaining restrooms and washrooms in aneat and sanitary condition.
(c) Removal of Natural Resources. Dig or remove any beach sand, whether submerged or not,soil, rock, stones, trees, shrubs, plants, timber, wood chips, or any other organic materials, ormake any excavation by tool, equipment, blasting, or other means unless approved by theDirector or his/her designee.
(d) Erection of Structures. Construct or erect any building or structure of whatever kind, whetherpermanent or temporary in character, or run or string any public service utility into, upon, oracross such lands, except on special written permit issued hereunder.
(e) Injury to and Removal of Plants. Damage, cut, carve, transplant, add, remove or damage anytree or plant. A person shall not attach any rope, wire, or other contrivance to any tree or plant.A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair thenatural or landscaped conditions of any area.
(f) Climbing Trees, Etc. Climb any tree or walk, stand or sit upon monuments, vases, fountains,fences or upon any other property not designated or customarily used for such purposes.
(g) Hitching of Animals. Tie or hitch a dog or other animal to any tree or plant.
(h) Animals. Harm, frighten, molest, kill, or trap any animal or animal egg or nest, except asauthorized by the Director or his/her designee or any other law enforcement official.
(i) Feeding Animals. Give or offer, or attempt to give to any animal or bird any tobacco, alcoholor other known noxious substance, or give or offer, or attempt to give to any non-domesticatedmammalian wildlife, including but not limited to bears, deer, mountain lions, coyotes, raccoons,opossum, mice, rats, skunks, squirrels or feral cats, any food. This rule shall not apply to thefeeding of any non-domesticated mammalian by the owner of such animal when the non-domesticated mammalian is kept under valid certificate or permit issued by the state ofCalifornia Department of Fish and Wildlife or to any fowl or bird species.
(j) Pollution of Waters. Throw, discharge, or otherwise place or cause to be placed in the watersof any fountain, pond, lake, stream, bay or other body of water any substance, matter or thing,liquid or solid, which will or may result in the pollution of such waters.
(k) Refuse and Trash. Dump, deposit, or leave any trash or refuse including but not limited tobottles, broken glass, ashes, cigarettes, paper, boxes, cans, dirt, appliances, furniture, organic,and nonorganic materials, or food within parks.
18.02.020 – Parking Regulations
(a) No person shall park a vehicle or trailer in a park other than in an established or designatedarea and in accordance with posted parking regulations.
Ordinance No. 2019-XXXPage 4
(b) No person shall park a vehicle or trailer in a park for the principal purpose of living orsleeping overnight in said vehicle or trailer unless permitted to do so by the Director or his or herdesignee.
18.02.030 – Operating Vehicles
No person shall drive or operate any motorized vehicle in a park other than on a paved vehicularroad or path provided for that purpose.
18.02.040 – Hours of Operation
(a) No person shall enter, occupy or be present in a park from sundown to sunrise or outside theposted hours unless so authorized by a special event permit.
(b) No person shall enter, occupy or be present in any area of the performing arts and civiccenter property between the hours of 7 P.M. to 7 A.M. unless a special, permitted event isoccurring at the performing arts and civic center property in which case all people must vacatethe property 60 minutes after the conclusion of the event when the event concludes between thehours of 7 P.M. to 7 A.M.
18.02.050 – Posted Notices
It shall be unlawful and an infraction for any person to violate any posted notice or portionthereof posted within a park.
18.02.060 – Merchandising and Advertising
(a) Vending and Peddling. No person shall be permitted to sell or vend in any park unless thatperson is selling food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon,showcase, rack, or other non-motorized conveyance upon public sidewalk or other pedestrianpath in compliance with Chapter 12.64.
(b) Advertising. No person shall announce, advertise, or call the public’s attention in any way,to any article or service for sale, rent or hire. Such advertising prohibition includes but is notlimited to the dissemination and/or posting of handbills, fliers, booklets, signs or other similarmedia. However, if an individual is sidewalk vending as defined in Chapter 12.64.010 thatindividual shall be permitted to announce, advertise, or call the public’s attention to articles forsale by that individual. Any advertising used by said individual must be attached to the surfaceof said individual’s pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or othernon-motorized conveyance. In no instance shall the advertising extend beyond the body orframe of said individual’s pushcart, stand, display, pedal-driven cart, wagon, showcase, rack orother non-motorized conveyance.
(c) Violation. Violation of this section shall result in an administrative fine pursuant toGovernment Code 51039 in addition to the penalties set forth in Chapter 12.64.100. For the firstoffense, a violator shall pay an administrative fine not exceeding one hundred dollars ($100).For a second offense within one year of the first violation, a violator shall pay an administrativefine not exceeding two hundred dollars ($200). For each additional offense beyond the second
Ordinance No. 2019-XXXPage 5
violation within one year of the first violation, a violator shall pay an administrative fine notexceeding five hundred ($500). In no instance shall any person face any criminal liability forviolating this section.
18.02.070 – Prohibition of Camping
No person shall camp in any park. “Camp” shall be given the same definition as in § 12.80.020.
18.02.080 – Loitering and Disorderly Conduct
(a) It shall be unlawful for any person to cause a malicious or willful disturbance of anotherperson through loud and unreasonable noise while in a park.
(b) It shall be unlawful for any person to engage in boisterous, threatening, abusive, insulting orindecent language that a reasonable person would consider inherently likely to result in a violentreaction while in a park.
(c) It shall be unlawful for any person to willfully stand, sit, or lie across a path or in front of anyingress or egress of any building in a park in a manner that obstructs a reasonable person fromsafely traversing said path or safely entering or exiting said building.
(d) It shall be unlawful for any person to conduct an organized activity in a non-designated areaor to throw or project any object that is capable of causing personal injury or damage to propertyalong or across any property owned by the City.
(e) It shall be unlawful for any person to utilize any area or facility that has been designatedthrough a prior reservation.
(f) It shall be unlawful for any person to enter, be or remain in or on any park, trail, or any otherproperty owned or governed by the City while in possession of alcoholic beverages, under theinfluence of alcoholic beverages or while consuming alcoholic beverages. This prohibition shallnot apply to the sale and consumption of alcoholic beverages in conjunction with a Cityapproved special event.
(g) It shall be unlawful for any person to utilize, operate, or bring any outside entertainmentapparatus, including but not limited to bounce houses, slip and slides, blow up pools, slack lineequipment, and/or remote controlled vehicles/aircraft (drones), in or on any park, trail or anyother property owned or governed by the City without prior approval from the City.
(h) It shall be unlawful for any person to smoke any type of substance (legal or illegal) or topossess any narcotics at any time in or on any park, trail, or any other property owned orgoverned by the City.(i) It shall be unlawful for any person to possess any weapons or firearms including paintball, airsoft, BB or pellet guns or wrist rockets at any time in or on any park, trail, or any other propertyowned or governed by the City. This provision shall not apply to duly sworn law enforcementpersonnel.
Ordinance No. 2019-XXXPage 6
(j) It shall be unlawful for any person to play music or produce other amplified or unamplifiedsound at a level or in a manner that infringes upon passive use of a park, trail, or any otherproperty owned or governed by the City.
(k) It shall be unlawful for any person to light or maintain any fire within a park, trail, or anyother property owned or governed by the City. This provision shall not apply to the use ofportable propane bar-b-ques or stoves when used in accordance with their approved listingrequirements.
(l) It shall be unlawful for any person to urinate or defecate in any area of a park, trail, or anyother property owned or governed by the City besides a permanent or portable restroom facility.
(m) It shall be unlawful for any person to park, drive, repair or leave standing any vehicle on anyroad, path, or other area in or on a park, trail, or any other property owned or governed by theCity except for those areas specifically designated for such purposes by the City.
18.02.090 – Horseback Riding
No person shall ride a horse in parks except on designated trails. Where permitted, horses shallbe thoroughly broken and properly restrained, and ridden with due care, and shall not be allowedto graze or go unattended.
18.02.100 – Domestic Animals
No person shall lead or let loose any animal, domestic or non-domestic of any kind in any park,trail or other property owned or governed by the City. Domestic animals (dogs or cats) when ledby a leash or chain not more than six feet (6’) long and under full control of the owner orcustodian are permitted. Owners are responsible for the behavior of their domestic animal, maynot leave their domestic animal unattended at any time, must clean up their pet waste and disposeof it in the proper receptacle, and will be held responsible for reparation of damages done bytheir domestic animal. In parks with dedicated Dog Park Areas, dogs are restricted to thoseareas.
18.03 – Parks Operations
18.03.010 – Closed Areas
Any section or part of any park may be declared closed to the public by the director at any timeand for any interval of time, either temporarily or at regular and stated intervals (daily orotherwise) and either entirely or merely to certain uses, as the director shall find reasonablynecessary.18.03.020 – Permits to Reserve Portions of Park
Any person desiring to reserve a portion of any city park for any activity, other than a specialevent, shall apply for a permit pursuant to § 17.13.040.”
SECTION 2. Effective Date. This Ordinance shall take effect thirty (30) days after itsadoption.
Ordinance No. 2019-XXXPage 7
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence,clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional,such decision shall not affect the validity of the remaining portion of this Ordinance or any partthereof. The City Council hereby declares that it would have passed each section, subsection,subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one ormore section, subsection, subdivision, paragraph, sentence, clause or phrase be declaredunconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a courtof competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 4. Certification. The City Clerk shall certify the passage of this Ordinance andshall cause the same to be entered in the book of original ordinances of said City; shall make aminute passage and adoption thereof in the records of the meeting at which time the same is passedand adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause thesame to be published as required by law, in a local newspaper of general circulation and which ishereby designated for that purpose.
SECTION 5. CEQA. This Ordinance is exempt from the requirements of the CaliforniaEnvironmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project”and has no potential to result in a direct or reasonably foreseeable indirect physical change to theenvironment. 14 Cal. Code Regs. § 15378. The Community Services Director shall cause a Noticeof Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
ORDINANCE PASSED AND APPROVED on this ____ day of February, 2019 by thefollowing vote.
AYES:NOES:ABSENT:ABSTAIN:
______________________Randall Putz, Mayor
ATTEST:
____________________________Erica Stephenson, City Clerk
APPROVED AS TO FORM:
____________________________Stephen P. Deitsch, City Attorney
Ordinance No. 2019-XXXPage 8
STATE OF CALIFORNIA)COUNTY OF SAN BERNARDINO) ssCITY OF BIG BEAR LAKE)
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that thewhole number of the City Council of the said City is five; that the foregoing Ordinance No. 2019-XXX is a full, true and correct original of Ordinance No. 2019-XXX of the City of Big Bear Lake,entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ADDING TITLE 18 TOTHE BIG BEAR LAKE MUNICIPAL CODE, RELATING TO PARKS ANDRECREATION IN COMPLIANCE WITH SENATE BILL 946.
was duly passed and adopted by the said City Council, approved and signed by the Mayor of saidCity, and attested by the City Clerk of said City, all at a regular meeting of said Council on the __day of February, 2019, and that the same was so passed and adopted by the following vote:
AYES:NOES:ABSTAIN:ABSENT:
I do hereby further certify that pursuant to the provisions of Section 36933 of the GovernmentCode of the State of California that the foregoing Ordinance No. 2019-XXX was duly and regularlypublished according to law and the order of the City Council and circulated within said City.
____________________________Erica Stephenson, City Clerk
Attachment C
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Community Services Director
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:
Parks and Recreation Ordinance
Project Location - Specific:
Citywide
Description of Project:
Not a “project”. Adoption of an Ordinance regulating activities within City parks, trails and public lands
located throughout the City.
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, Community Services Director
Exempt Status: (check one) (State type and section number)
XX Categorically Exempt
Section: 15378
Reasons why project is exempt:
The Parks & Recreation Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant
to Section 15378 of the CEQA Guidelines. This section defines a “project” as the whole of an action, which has
a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment. The APR is an administrative report that, by itself, authorizes no
development or any discretionary action, and therefore is exempt from CEQA.
Lead Agency or Contact Person: Area Code/Telephone/Extension
Philip K. Mosley, Jr., Community Services Director (909) 866-5831
