CITY OF BIG BEAR LAKE CITY COUNCIL MINUTES FOR A REGULAR MEETING JANUARY 14, 2013 A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Jay Obernolte at 6:30 p.m., Monday,, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California. Moment of Silence Flag Salute: Councilmembers Present: Councilmembers Excused: Others Present: Led by Councilmember Rick Herrick Mayor Jay Obernolte Mayor Pro Tem David Caretto Councilmember Rick Herrick Councilmember Bill Jahn Councilmember Bob Jackowski Jeff Mathieu, City Manager Kathleen Smith, Chief Operations Officer Cheri Haggerty, Deputy City Clerk ANNOUNCEMENTS & UPCOMING EVENTS The public is invited to attend a Community Workshop during the Planning Commission meeting on January 16, 1:15 p.m. to discuss our 2013-2021 Housing Element update. The meeting will be held at the Civic Center in the Training Room. For more information, you can contact the City s Planning Division at (909) 866-5831 or bblplan@citybigbearlake.com City offices will be closed Monday, January 21, 2013 in observance of the Martin Luther King, Jr. Holiday. Event Calendar for the Performing Arts Center (For tickets please contact the box office at (909) 866-9470 or visit citybigbearlake.com The Rotary Club of Big Bear Lake presents Big Bear Idol on February 2, 6:00 p.m. PRESENTATIONS Jeff Mathieu, City Manager, introduced Kurt Madden, Superintendent of Schools and Walter Con, Assistant Superintendent of Business Services for the Bear Valley Unified School District. Superintendent Madden gave a presentation on the current reality of schools in the district and the District s Strategic Goals and Plan.
Page 2 Assistant Superintendent Con spoke about District Budget Certification and impacts of Proposition 30. COUNCIL MEMBER GENERAL ANNOUNCEMENTS Councilmember Jackowski commented on the presentation at the Performing Arts Center with five students going to Carnegie Hall and the amount of talent in the Valley being amazing. He also congratulated Snow Summit on its 60 th Anniversary celebration. Councilmember Herrick commented on the work Snow Summit does in bringing visitors to the Valley and their 60 th Anniversary events. He discussed the fire on the street where his business is located and commended the fire crews putting it out. Councilmember Jahn commented on how much he enjoyed speaking to the honors class students at Big Bear High School on behalf of the Education Trust. He also congratulated Snow Summit on its 60 th Anniversary. Mayor Pro Tem Caretto commented on holiday activities and how rewarding the experience of participating in the Rotary Santa Visit Program was. He echoed the congratulations to Snow Summit on its 60 th anniversary and all their accomplishments. He also commented on speaking to the AP Government classes at the high school in previous years and how rewarding the experience was. Mayor Obernolte echoed comments on the Carnegie Hall and Strings performances and the level of talent in our community. He also commented on trespassing and snow play in private areas and its affect on residents. He would like the community to do some thinking on the need to balance rights of visitors with those of residents. PUBLIC COMMUNICATIONS:. CONSENT CALENDAR: Motion by Mayor Pro Tem Caretto, seconded by Councilmember Jahn to approve the balance of Consent Calendar as follows: City Council 1.1 APPROVAL OF DEMANDS CHECK ISSUE DATE 12/01/12 THROUGH 1/07/13 IN THE AMOUNT OF $1,952,203.02. Approved.
Page 3 1.2 CONTINUANCE OF THE DECLARATION OF LOCAL STATE OF EMERGENCY Council consideration of continuing the Declaration of the Local State of Emergency due to the drought and Bark Beetle infestation. This item was removed from the Consent Calendar for separate discussion. 1.3 APPROVAL OF MEETING MINUTES FROM THE DECEMBER 5, 2012 SPECIAL JOINT MEETING OF THE CITY COUNCIL AND FIRE PROTECTION DISTRICT BOARD OF DIRECTORS. Approved. 1.4 APPROVAL OF MEETING MINUTES FROM THE DECEMBER 10, 2012 REGULAR COUNCIL MEETING Approved. 1.5 AUTHORIZE AWARD OF CONTRACTS FOR TRANSIENT PRIVATE HOME RENTAL (TPHR) INSPECTION SERVICES Council consideration of authorizing the City Manager, and/or his designee, to enter in to Professional Services Agreements with Jason Strouse and Kyle Lindley Construction to provide inspection services for the City s Transient Private Home Rental (TPHR) Program. This item was removed from the Consent Calendar for separate discussion. 1.6 MEMORANDUM OF UNDERSTANDING (MOU) FOR THE IMPLEMENTATION OF A PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM Council consideration of participating in the Property Assessed Clean Energy (PACE) Program, a regional energy efficiency and water conservation improvement loan program as defined by Assembly Bill 811 and Assembly Bill 474, by entering in to a Memorandum of Understanding (MOU) with San Bernardino Associated Governments (SANBAG), who is serving as the lead agency with member jurisdictions in our region. This item was removed from the Consent Calendar for separate discussion.
Page 4 1.7 RESOLUTION FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION GRANT OFFERED BY THE STATE OF CALIFORNIA RESOURCES AGENCY Council consideration of adopting a resolution approving the submittal of an application for grant funds for the Environmental Enhancement and Mitigation (EEM) Program under Section 164.56 of the Streets and Highways Code for the Knickerbocker Channel Trail Project; and find that the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) reviews are complete and that the project is categorically exempt based on Class 32, Section 15332 Infill Development Project. This item was removed from the Consent Calendar for separate discussion. 1.8 RESOLUTION ADOPTING THE SAN BERNARDINO COUNTY NON- MOTORIZED TRANSPORTATION PLAN Council consideration of adopting a Resolution that would reaffirm and adopt the San Bernardino County Non-Motorized Transportation Plan prepared by the San Bernardino Associated Governments (SANBAG). This item was removed from the Consent Calendar for separate discussion. 1.9 LETTER OF UNDERSTANDING WITH SIEMENS TO CREATE ENERGY SAVINGS OPPORTUNITITES FOR THE CITY Council consideration of authorizing the City Manager to execute a Letter of Understanding and engage in preliminary staff work with Siemens to create energy savings opportunities for the City. This item was removed from the Consent Calendar for separate discussion. Successor Housing Agency To The Big Bear Lake Improvement Agency 1.10 APPROVAL OF MEETING MINUTES FROM THE DECEMBER 10, 2012 MEETING. Approved. Fire Protection District Board Of Directors 1.11 APPROVAL OF MEETING MINUTES FROM THE DECEMBER 10, 2012 MEETING. Approved.
Page 5 The balance of the Consent Calendar was approved by unanimous vote. Mayor Obernolte abstained from voting on Item 1.3 as he was not present for the December 5, 2012 Meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR 1.2 CONTINUANCE OF THE DECLARATION OF LOCAL STATE OF EMERGENCY Council consideration of continuing the Declaration of the Local State of Emergency due to the drought and Bark Beetle infestation. Councilmember Herrick commented that he thought the item was to be dropped from the agenda. City Manager Mathieu commented that they are looking into dropping it from the agenda but want to first ensure that every avenue has been looked into. He further stated there is the possibility that it could be dropped soon. Motion by Councilmember Jahn, seconded by Councilmember Herrick to continue the declaration of local state of emergency. Said Motion was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Caretto, Herrick, Jackowski, Jahn, Obernolte 1.5 AUTHORIZE AWARD OF CONTRACTS FOR TRANSIENT PRIVATE HOME RENTAL (TPHR) INSPECTION SERVICES Council consideration of authorizing the City Manager, and/or his designee, to enter in to Professional Services Agreements with Jason Strouse and Kyle Lindley Construction to provide inspection services for the City s Transient Private Home Rental (TPHR) Program. Councilmembers discussed previous and competitive bids. Motion by Councilmember Jahn, seconded by Councilmember Herrick to authorize award of contracts for TPHR Inspection services.
Page 6 Said Motion was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Caretto, Herrick, Jackowski, Jahn, Obernolte 1.6 MEMORANDUM OF UNDERSTANDING (MOU) FOR THE IMPLEMENTATION OF A PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM Council consideration of participating in the Property Assessed Clean Energy (PACE) Program, a regional energy efficiency and water conservation improvement loan program as defined by Assembly Bill 811 and Assembly Bill 474, by entering in to a Memorandum of Understanding (MOU) with the San Bernardino Associated Governments (SANBAG), who is serving as the lead agency with member jurisdictions in our region. Councilmember Herrick asked for clarification with the bill in the program and how repayment works. Mayor Pro Tem Caretto pointed out that there are a few typos in the agreement and that staff is prepared to make those changes. Motion by Councilmember Jahn, seconded by Councilmember Herrick to approve staff s recommendation. Said Motion was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Caretto, Herrick, Jackowski, Jahn, Obernolte 1.7 RESOLUTION FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION GRANT OFFERED BY THE STATE OF CALIFORNIA RESOURCES AGENCY Council consideration of adopting a Resolution approving the submittal of an application for grant funds for the Environmental Enhancement and Mitigation (EEM) Program under Section 164.56 of the Streets and Highways Code for the Knickerbocker Channel Trail Project; and find that the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) reviews are complete and that the project is categorically exempt based on Class 32, Section 15332 Infill Development Project.
Page 7 Motion by Councilmember Jahn, seconded by Councilmember Herrick to approve staff s recommendation and adopt the following resolution, entitled: RESOLUTION NO. 2013-01 A RESOLUTION TO THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE FOLLOWING PROJECT: KNICKERBOCKER CHANNEL TRAIL. Said Motion was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Caretto, Herrick, Jackowski, Jahn, Obernolte 1.8 RESOLUTION ADOPTING THE SAN BERNARDINO COUNTY NON- MOTORIZED TRANSPORTATION PLAN Council consideration of adopting a Resolution that would reaffirm and adopt the San Bernardino County Non-Motorized Transportation Plan prepared by the San Bernardino Associated Governments (SANBAG). Motion by Councilmember Jahn, seconded by Councilmember Herrick to approve staff s recommendation and adopt the following resolution, entitled: RESOLUTION NO. 2013-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ADOPTING THE SAN BERNARDINO COUNTY NON-MOTARIZED TRANSPORTATION PLAN. Said Motion was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Caretto, Herrick, Jackowski, Jahn, Obernolte
Page 8 1.9 LETTER OF UNDERSTANDING WITH SIEMENS TO CREATE ENERGY SAVINGS OPPORTUNITIES FOR THE CITY Council consideration of authorizing the City Manager to execute a Letter of Understanding and engage in preliminary staff work with Siemens to create energy savings opportunities for the City. Councilmember Herrick commented that it is great that we are doing this but to move forward with caution and ensure it will truly benefit the City. City Manager Mathieu commented that staff is encouraged about the opportunity but will come back with more research and analysis. Mayor Pro Tem Caretto commented that if the City is successful, we could see if the DWP and Fire District could benefit as well. Motion by Councilmember Jahn, seconded by Councilmember Herrick to approve staff s recommendation. Said Motion was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: Caretto, Herrick, Jackowski, Jahn, Obernolte 2. DISCUSSION/ACTION ITEMS 2.1 CODE ENFORCEMENT EFFORTS FOR THE NEW SIGN AND OUTDOOR DISPLAY REQUIREMENTS. Council consideration of receiving a presentation on code enforcement efforts for the new Sign and Outdoor Display Requirements. Phil Mosley, Director of Community Services, provided a presentation on the implementation of a Code Enforcement Program for the new sign and outdoor display requirements as well as illegal boat storage and quality of life initiatives. Councilmember Herrick asked about storage issues and what may be possible solutions to this problem and clarification of commercial versus residential lot storage. Staff commented that storage issues are an access and safety issue. Councilmember Jackowski commented that he was part of Planning Commission when this was initiated and it was never the intent to create any hardship on the businesses. He also discussed the importance of enforcing ordinances across the board with efficiency.
Page 9 Councilmember Jahn commented on the hard work of the Planning Commission on the ordinance and making sure there is fairness toward all businesses. Mayor Pro Tem Caretto commented on the time that has gone into creating the ordinance and making it very clear to the business community. He also discussed being a destination community and how enforcing the ordinance will impact that; utilizing local media to inform the community that enforcement is now coming. Mayor Obernolte commented that he is not the biggest fan of the ordinance but he voted for it because it makes the requirements clear and now it needs to be enforced. Councilmember Jackowski inquired about the cost of the appeals process. Staff stated that the cost is $135 and commented that this is a full Planning staff project and they are going out to the community to keep them informed and make sure everyone has the information. Mayor Pro Tem Caretto commented that businesses who are not members of the Chamber of Commerce may need additional notification and information on upcoming enforcement of the ordinance. City Manager Mathieu echoed this and stated that the Planning Commission is aware and will utilize local media and additional services to make sure people are informed. Councilmember Herrick stated that he thought press releases would be a good way to make sure people are informed on the enforcement. No formal action taken. Received and filed. 2.2 UPCOMING MEETING SCHEDULE FOR 2013 Council discussion of its meeting schedule for 2013 and provide direction on reaffirming one regular Council meeting being held during the months of March, April, July and August, in addition to cancelling public meetings that take place during the Thanksgiving and Christmas holidays. Cheri Haggerty, Deputy City Clerk, commented that this reaffirms changes made to the calendar in 2012 to hold one meeting during the months of March, April, July and August and cancelling public meetings taking place during the holidays in November and December. Mayor Pro Tem Caretto asked for the dates of cancellation in November and December. He commented that he thinks this is a good schedule which allows Council to plan the year. Staff confirmed those dates would be Monday, November 25 th and Monday, December 23 rd.
Page 10 Councilmember Jahn echoed Mayor Pro Tem Caretto s comments. Councilmember Herrick commented that this schedule doesn t necessarily coincide with children s school schedule and perhaps it should be shifted. Mayor Obernolte commented on the attendance of Council and the public at the meetings so the schedule is doing a good job of enabling that. City Manager Mathieu noted there not being a break during the fall to coincide with the school schedule and perhaps a change should be made during that time. It was noted that Monday, October 14 would be a school holiday if the Council wanted to cancel the regular Council meeting being held that day Motion by Councilmember Jahn, seconded by Mayor Pro Tem Caretto, to adopt staff s recommendation with amendment that October 14 meeting be cancelled. Said Motion was approved by unanimous vote. 2.3 IMMEDIATE AND FUTURE VACANCIES ON THE PLANNING COMMISSION Council consideration of discussing and providing direction on the preferred option to commence the application process to fill the immediate vacancy and two future ones on the Planning Commission. Deputy City Clerk, Cheri Haggerty, spoke about immediate and upcoming vacancies on the Planning Commission. Councilmember Jackowski, having been elected to City Council, resigned from the Commission on December 10, leaving an immediate vacancy. Council s options for filling these vacancies are as follows: Option #1: Leave the immediate vacancy as is until the term expires; and direct staff to begin the application process in April for all three seats on the Commission slated to expire in June. Option #2: Authorize staff to advertise and solicit applications from interested residents to fill the immediate vacancy now; and direct staff to begin the application process in April for the other two seats. Option #3: Authorize staff to advertise and solicit applications from interested residents to fill the immediate vacancy now, and at the same time, solicit for the two future vacancies as well. The appointees chosen for the two future terms would not begin service until July 1 of this year. The appointee filling former Commissioner Jackowski s term would begin immediately.
Page 11 Mayor Pro Tem Caretto commented that it would be nice to only go through the process once, so either scenario one or three would likely be easiest. Councilmember Jackowski stated that it is very important to get someone to fill his seat on the Planning Commission and should begin to look at applications for that immediately. Mayor Obernolte confirmed that Councilmember Jackowski is in favor of option number three. Mayor Pro Tem Caretto reiterated that it is important to start the process to make sure there are qualified and quality applicants to fill the position. Mayor Obernolte stated that his only concern in looking immediately for all three vacancies would be that the City may miss out on strong future candidates. Councilmember Jahn echoed the Mayor s comments. Mayor Pro Tem Caretto inquired as to how long the application process is and when people would need to apply. Staff stated that the application period is typically three weeks, then screening and interviews commence, however, this process is at the Council s discretion so there is flexibility. Mayor Obernolte eliminated option two as they do not want to do the process twice. Motion by Mayor Pro Tem Caretto, seconded by Councilmember Herrick, to adopt option three but with a six week advertising period. Said Motion was approved by unanimous vote. At the hour of 8:53 p.m. the City Council adjourned to the Successor Agency to the Big Bear Lake Improvement Agency. SUCCESSOR AGENCY Successor Agency to the Big Bear Lake Improvement Agency proceedings are contained in separate minutes. At the hour of 9:12 p.m. the Successor Agency to the Big Bear Lake Improvement Agency adjourned to the City Council.
Page 12 CITY COUNCIL BUSINESS Board/Committee Reports Oversight Board of the Successor Agency Meeting January 7, 2013, represented by Mayor Obernolte and Fire Board Chairman Jahn San Bernardino Associated Governments (SANBAG) Board Meeting held on January 9, 2013, represented by Councilmember Jahn. ADJOURNMENT There being no further business to come before the Council at this session, Mayor Obernolte adjourned the meeting at 9:14 p.m. Cheri A. Haggerty, Deputy City Clerk