CITY OF BIG BEAR LAKE CITY COUNCIL MEETING AGENDA April 24, 2017

Transcription

1 CITY OF BIG BEAR LAKE CITY COUNCIL MEETING AGENDA April 24, 2017 Closed Session 5:15 p.m. Executive Conference Room Regular Session - 6:30 p.m. Performing Arts Center COUNCILMEMBERS MAYOR BILL JAHN MAYOR PRO TEM RICK HERRICK COUNCILMEMBER DAVID CARETTO COUNCILMEMBER BOB JACKOWSKI COUNCILMEMBER RANDALL PUTZ CITY STAFF CITY MANAGER JEFF MATHIEU CITY ATTORNEY STEVE DEITSCH COO/ACTING CITY CLERK KATHLEEN SMITH SENIOR ADMINISTRATIVE ANALYST SARAH SIEP 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 REAL PROPERTY NEGOTIATORS pursuant to Government Code Section Property: Big Bear Blvd, City Negotiators: City Manager, Community Development Director and City Attorney Negotiating Party: TMI Properties LLC, Tony Tamberchi Under Negotiation: Price and Terms of Payment 2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Government Code Section (d)(2) Number of Cases: 3 Page 1

2 CITY COUNCIL AGENDA PAGE 2 April 24, 2017 CALL TO ORDER OPEN SESSION PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE ROLL CALL Please Note: Agenda items may be moved at the discretion of the City Council. RESULTS OF CLOSED SESSION Event Calendar for the Performing Arts Center (For tickets please contact the box office at (909) or visit citybigbearlake.com unless noted otherwise) Big Bear High School Performing Arts Presents Into the Woods, April 28 thru 29 at 7:00 p.m. Kiwanis Club of Big Bear Valley presents the Hope of America Awards May 1 at 6:00 p.m. The Arts Council of Big Bear Valley and the Moonridge School of Dance present Spring Showcase 2017 May 6 at 7:00 p.m. and May 7 at 2:30 p.m. PRESENTATIONS Presentation to Megan Meadors and Jeff Tunnell of the Mom and Dad Project on behalf of the San Bernardino County Child Abuse Prevention Committee, recognizing April 2017 as Child Abuse Prevention Month. Presentation of a Proclamation to outgoing employee David Lawrence, Director of Public Works/City Engineer. PUBLIC COMMUNICATIONS: (Public comment is permitted only on items not on the posted agenda that are within the subject matter jurisdiction of the City. Please note that State law prohibits the City Council, Fire Protection District Board or Successor Agency from taking any action on items not listed on the agenda. There is a three minute maximum time limit when addressing the respective Board during this time period.) 1. CONSENT CALENDAR City Council 1.1 APPROVAL OF DEMANDS - CHECK ISSUE DATE 2/17/17 THROUGH 4/13/17 IN THE AMOUNT OF $2,998,360.71, AND FEBRUARY 2017 TREASURER'S REPORT Page 2

3 CITY COUNCIL AGENDA PAGE 3 April 24, APPROVAL OF MEETING MINUTES FROM THE FEBRUARY 27, 2017 REGULAR MEETING OF CITY COUNCIL 1.3 APPROVAL OF MEETINGS MINUTES FROM THE APRIL 3, 2017 WORKSHOP MEETING OF CITY COUNCIL 1.4 ROSE PARADE SPONSORSHIP Council consideration of offering to cover the application fee in the amount of $5,500 to be funded from the City Council Discretionary Economic Development Account in support of the Big Bear Community s entry for the 2018 Tournament of Roses Parade. 1.5 REAFFIRM AGREEMENT WITH RALPH ANDERSON & ASSOCIATES Council consideration of reaffirming the decision to contract with Ralph Anderson & Associates for recruitment services to fill the Director of Public Works/City Engineer position; and authorizing the appropriation of funds in an amount not to exceed $25,000 from the General Fund s unassigned fund balance. 1.6 RESOLUTION IN SUPPORT OF CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM GRANT FUNDS FOR THE STANFIELD MARSH OUTDOOR RECREATION AND EDUCATION PROJECT Council consideration of approving an appropriation of $90,000 from Measure Y as matching funds for the Urban Greening Grant Program application; and approving and adopting a Resolution in support of applying for the California Natural Resources Agency and California Climate Investments Urban Greening Program Grant funds for the Stanfield Marsh Outdoor Recreation and Education Project. 1.7 AUTHORIZATION TO ADVERTISE - CIVIC CENTER SIDEWALK Council consideration of finding the Civic Center ADA Compliance Project categorically exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section Class 1(c); and authorizing staff to advertise, receive and evaluate bids for construction of the Project. Page 3

4 CITY COUNCIL AGENDA PAGE 4 April 24, DIVISION DRIVE REHABILITATION COST SHARE AGREEMENT WITH SAN BERNARDINO COUNTY Council consideration of authorizing and allocating additional funding in the amount of $134,494 from Street Improvement Reserves bringing the total City share of the Division Drive Rehabilitation Project budget to $413,264; and authorizing the City Manager, and/or his designee, to execute the cost share agreement with the County of San Bernardino. 1.9 SANDALWOOD DRIVE MILL AND OVERLAY Council consideration of appropriating $115,000 for the Sandalwood Drive mill and Overlay Project from Street Improvement Reserves; authorizing staff to solicit bids to mill Sandalwood Drive; and authorizing the City Manager, and/or his designee, to award a contract for milling Sandalwood Drive GROUNDWATER SUSTAINABILITY JOINT POWERS AUTHORITY Council consideration of approving a Joint Powers Authority (JPA) Agreement to form the Bear Valley Groundwater Basin; and authorizing the DWP Board of Commissions to form a JPA with the Municipal Water District, Community Services District and Department of Water and Power PROPOSED LEGISLATION AND CALIFORNIA PUBLIC UTILITIES COMMISSION RULE AMENDMENTS RELATED TO WIRELESS COMMUNICATIONS Council consideration of directing staff to write a letter of protest to the California Public Utilities Commission regarding wireless proceedings and write a letter of opposition in regard to SB 649 (Hueso). ITEMS REMOVED FROM THE CONSENT CALENDAR CITY COUNCIL GENERAL ANNOUNCEMENTS & CITY BUSINESS Board/Committee Reports Annual City-County Conference March 16-March 17, represented by Mayor Jahn, Councilmember Caretto and Councilmember Putz. Big Bear Area Regional Wastewater Agency (BBARWA) Board Meeting March 22, represented by Mayor Pro Tem Herrick and Councilmember Caretto. League of CA Cities Desert-Mountain Division Meeting April 21, represented by Councilmember Putz. Page 4

5 CITY COUNCIL AGENDA PAGE 5 April 24, 2017 ADJOURNMENT I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 20 th day of April, The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk s Office at (909) Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Page 5

6 City of Big Bear Lake Checks Issued 02/17/17 through 04/13/17 Check# Vendor/Employee Date Amount San Bernardino County Fire Protection District 02/23/17 4, Bear Valley Electric 02/23/ Bear Valley Printing Inc 02/23/ Charter Communications 02/23/ Frontier Communications 02/23/ OpenGov, Inc. 02/23/17 7, Accela, Inc. 02/23/17 22, Southwest Gas Corporation 02/23/17 8, US Bank Corporate Payment Systems 02/23/17 7, Verizon Wireless 02/23/17 2, Harris Computer Systems 02/28/17 13, San Bernardino County Sheriff's Dept 03/02/17 241, San Bernardino County Dept of Public Health 03/02/17 12, Best Best & Krieger LLP 03/02/17 14, Robert Peterson 03/02/17 3, Steve Hines LLC 03/02/17 6, Robert Dalquest 03/02/ Florence Filter Corporation 03/02/ Full Compass Systems, Ltd 03/02/ HdL Coren & Cone Inc. 03/02/17 3, Andrew Mellon 03/02/ Orkin Inc. 03/02/ Quill Corporation 03/02/ Roger Wood Transportation LLC 03/02/17 6, Staples Business Advantage 03/02/ Steven Enterprises, Inc 03/02/ Verizon Wireless 03/02/ San Bernardino County Auditor 03/06/ San Bernardino County Fire Department 03/06/17 1, San Bernardino County Dept of Public Works 03/06/ Bear Valley Mutual Water Co 03/06/ All American Asphalt/Aggregates 03/06/17 2, AW Direct 03/06/ Bad Bear Sportswear 03/06/ Clifford Fowler 03/06/17 1, Tim Breunig 03/06/ Butchers Blocks & Building Materials 03/06/ Bear Valley Paving, Inc. 03/06/17 4, Bear Valley Printing Inc 03/06/ Calolympic Glove & Safety Co 03/06/ Crafco Inc. 03/06/17 2, Cutting Edge Supply 03/06/ Lumber City Corp. 03/06/ Empire Partitions and Specialties Inc 03/06/17 2, HUB Construction Spec, Inc 03/06/17 1, Mile High Equipment, Inc. 03/06/17 84, Mission Linen Supply Inc. 03/06/ Michael Marcotte 03/06/ NAPA Auto Parts 03/06/ Page 1 of 6 Page 6

7 City of Big Bear Lake Checks Issued 02/17/17 through 04/13/17 Check# Vendor/Employee Date Amount Porter's Firewood 03/06/17 21, Quill Corporation 03/06/ RDO Equipment Co 03/06/ Ricoh USA, Inc. 03/06/ Robertson's Ready Mix 03/06/ Romans Construction Corp. 03/06/17 16, Paul Senft 03/06/ Staples Business Advantage 03/06/ Ronald C. Tholen 03/06/ Vulcan Materials Company Inc. 03/06/ Waxie Sanitary Supply Inc. 03/06/17 1, Willdan Engineering Inc 03/06/17 1, Xylem Water Solutions USA Inc 03/06/17 3, San Bernardino County Auditor/Controller 03/09/ City of Big Bear Lake Dept of Water & Power 03/09/17 1, AgendaPal Corporation 03/09/ All Protection Alarm 03/09/17 4, Big Bear Disposal Inc 03/09/17 4, Best Best & Krieger LLP 03/09/17 6, Bear Valley Electric 03/09/17 37, CDW Government LLC 03/09/ Randy Champion 03/09/ Charter Communications 03/09/17 1, Docu-Trust 03/09/ Pola Durban 03/09/ Frontier Communications 03/09/17 2, The Grizzly 03/09/ Randy Spitz 03/09/ Staples Business Advantage 03/09/ The UPS Store 03/09/ Marcel Westplat 03/09/ County Administrative Office-Legislative Affairs 03/16/ Bear Valley Electric 03/16/17 27, CHP - Arrowhead Area 03/16/17 10, Robert Dalquest 03/16/ Espyr 03/16/ Frontier Communications 03/16/ Ludecke's Electrical Service, Inc. 03/16/17 2, Andrew Mellon 03/16/ National Business Furniture 03/16/17 2, OnTrac 03/16/ Quill Corporation 03/16/ Ricoh USA, Inc. 03/16/17 2, US Bank Corporate Payment Systems 03/16/17 7, Valero Marketing & Supply Co 03/16/ Big Bear Disposal Inc 03/23/17 159, Bear Valley Electric 03/23/ Charter Communications 03/23/ Dapeer Rosenblit & Litvak LLP 03/23/ Page 2 of 6 Page 7

8 City of Big Bear Lake Checks Issued 02/17/17 through 04/13/17 Check# Vendor/Employee Date Amount Espyr 03/23/ Fox Farm Storage 03/23/ Frontier Communications 03/23/ League of California Cities 03/23/ Randy Spitz 03/23/ PARS 03/23/17 3, STL Landscape, Inc. 03/23/17 111, Southwest Gas Corporation 03/23/17 6, Verizon Wireless 03/23/17 2, San Bernardino County 03/24/ San Bernardino County Vehicle Svcs Dept 03/24/17 7, Miles Out.com 03/24/ BBARWA 03/24/17 3, All American Asphalt/Aggregates 03/24/17 43, AW Direct 03/24/ Big Bear Chamber of Commerce 03/24/ Big Bear Paint Center 03/24/ Tim Breunig 03/24/ Butchers Blocks & Building Materials 03/24/ Charles Abbott Associates Inc 03/24/17 1, Calolympic Glove & Safety Co 03/24/ CP Products 03/24/ Cintas Corporation 03/24/ Lumber City Corp. 03/24/ Environmental Systems Research Institute, Inc. 03/24/17 2, Grainger Inc. 03/24/ Greiner Buick, Pontiac, GMC 03/24/17 1, The Grizzly 03/24/ Judicial Data Systems Corp 03/24/17 1, Moore Iacofano Goltsman, Inc. 03/24/17 1, Mission Linen Supply Inc. 03/24/ NAPA Auto Parts 03/24/17 2, Parkhouse Tire, Inc. 03/24/17 1, Porter's Firewood 03/24/17 7, General Wireless Operations Inc. 03/24/ Redlands Auto Plaza 03/24/ Rochester Midland Corporation 03/24/ Robertson's Ready Mix 03/24/ Paul Senft 03/24/ Staples Business Advantage 03/24/17 2, Star Headlight & Lantern Co., Inc. 03/24/ Ronald C. Tholen 03/24/ Tri-County Fire Equipment 03/24/ Underground Service Alert Inc. 03/24/ Anthony Valdez 03/24/ Volvo Construction Equipment Inc. 03/24/17 3, Vulcan Materials Company Inc. 03/24/17 1, Westrux International, Inc. 03/24/ California State Controller's Office 03/30/17 2, Page 3 of 6 Page 8

9 City of Big Bear Lake Checks Issued 02/17/17 through 04/13/17 Check# Vendor/Employee Date Amount San Bernardino County Sheriff's Dept 03/30/17 269, Ronald Arteaga 03/30/ Lindsey Corral 03/30/ Quill Corporation 03/30/ Verizon Wireless 03/30/ San Bernardino County Auditor 04/06/17 3, Bay City Equipment Industries 04/06/17 4, Big Bear Disposal Inc 04/06/17 1, Big Bear Electric 04/06/ Bear Communications, Inc. 04/06/ Tim Breunig 04/06/ Butchers Blocks & Building Materials 04/06/ Calolympic Glove & Safety Co 04/06/ CP Products 04/06/ Direct Signs 04/06/ Lumber City Corp. 04/06/17 2, Espyr 04/06/ Geiger Supply, Inc. 04/06/ The Grizzly 04/06/ Jericho Systems, Incorporated 04/06/17 12, Mile High Equipment, Inc. 04/06/17 28, Mission Linen Supply Inc. 04/06/ NAPA Auto Parts 04/06/ Orkin Inc. 04/06/ Otis Elevator Company 04/06/ Parkhouse Tire, Inc. 04/06/ Premier Lighting & Prod Co Inc. 04/06/ RDO Equipment Co 04/06/17 8, ROW Traffic Safety, Inc. 04/06/17 3, Robertson's Ready Mix 04/06/ Paul Senft 04/06/ Ronald C. Tholen 04/06/ Uline 04/06/ Volvo Construction Equipment Inc. 04/06/17 2, Willdan Engineering Inc 04/06/17 14, San Bernardino County 04/06/ City of Big Bear Lake Dept of Water & Power 04/06/17 1, Bear Valley Electric 04/06/17 10, Charter Communications 04/06/17 1, Cintas Corporation 04/06/ Pola Durban 04/06/ Frontier Communications 04/06/ Full Compass Systems, Ltd 04/06/17 7, Andrew Mellon 04/06/ Orkin Inc. 04/06/ Quill Corporation 04/06/ San Bernardino County Vehicle Svcs Dept 04/13/17 4, Miles Out.com 04/13/ Page 4 of 6 Page 9

10 City of Big Bear Lake Checks Issued 02/17/17 through 04/13/17 Check# Vendor/Employee Date Amount BBARWA 04/13/17 1,219, AgendaPal Corporation 04/13/ AW Direct 04/13/ Tim Breunig 04/13/ Butchers Blocks & Building Materials 04/13/17 1, Bear Valley Paving, Inc. 04/13/17 20, Calolympic Glove & Safety Co 04/13/ Teele Tree Service Inc. 04/13/ Cintas Corporation 04/13/ Crafco Inc. 04/13/ H&T Cultural Resource Management Inc. 04/13/17 7, Lumber City Corp. 04/13/ Docu-Trust 04/13/ Ewing 04/13/ Geiger Supply, Inc. 04/13/ Grainger Inc. 04/13/ John L Hunter Associates, Inc 04/13/ Lawson Products, Inc 04/13/ Mission Linen Supply Inc. 04/13/ Randy Spitz 04/13/ NAPA Auto Parts 04/13/ Mail Finance, Inc. 04/13/ RDO Equipment Co 04/13/17 13, Rochester Midland Corporation 04/13/ Robertson's Ready Mix 04/13/17 3, Romans Construction Corp. 04/13/17 3, RPM Tech Inc. 04/13/17 7, Paul Senft 04/13/ Ronald C. Tholen 04/13/ Anthony Baker 04/13/17 2, Underground Service Alert Inc. 04/13/ Vista Paint 04/13/17 8, Volvo Construction Equipment Inc. 04/13/17 42, Vulcan Materials Company Inc. 04/13/17 1, Walters Wholesale 04/13/ All Protection Alarm 04/13/ Ronald Arteaga 04/13/ Big Bear Disposal Inc 04/13/17 159, Best Best & Krieger LLP 04/13/17 4, Big Bear Paint Center 04/13/ Bear Valley Electric 04/13/17 22, Frontier Communications 04/13/17 2, The Grizzly 04/13/17 2, Judicial Data Systems Corp 04/13/ Mojave Desert & Mountain 04/13/17 3, OnTrac 04/13/ Quill Corporation 04/13/ Ricoh USA, Inc. 04/13/17 1, Joann Olson Baird 04/13/ Page 5 of 6 Page 10

11 City of Big Bear Lake Checks Issued 02/17/17 through 04/13/17 Check# Vendor/Employee Date Amount Seat Advisor, Inc. 04/13/ Tim Shields 04/13/ Staples Business Advantage 04/13/ Verizon Wireless 04/13/ Waxie Sanitary Supply Inc. 04/13/17 1, ACH Gary Payne 02/23/17 1, ACH Taso Tech Inc 03/02/17 3, ACH Christine Bennett 03/02/ ACH Gary Payne 03/02/ ACH Sheri Davis 03/02/17 1, ACH Cylwik Property Management 03/06/17 8, ACH Anne Bush 03/06/ ACH Craig Smith 03/06/ ACH Kevin Sebourn 03/06/ ACH Kyra Akins 03/06/ ACH Sean Stephenson 03/06/17 1, ACH Taso Tech Inc 03/09/17 1, ACH Gary Payne 03/09/ ACH Rachel Bowman 03/09/ ACH Ruth Lorentz 03/09/17 1, ACH Gary Payne 03/16/ ACH Gary Payne 03/23/17 1, ACH Rachel Bowman 03/23/ ACH Cylwik Property Management 03/24/17 8, ACH Kyle Lindley Construction 03/24/17 3, ACH Anne Bush 03/24/ ACH Craig Smith 03/24/ ACH Kyra Akins 03/24/ ACH Sean Stephenson 03/24/17 1, ACH Taso Tech Inc 03/30/17 1, ACH Randall Putz 03/30/ ACH Cylwik Property Management 04/06/17 8, ACH Taso Tech Inc 04/06/17 7, ACH Anne Bush 04/06/ ACH Craig Smith 04/06/ ACH Kyra Akins 04/06/17 1, ACH Ruth Lorentz 04/06/17 2, ACH Sean Stephenson 04/06/17 2, ACH Anne Bush 04/13/ ACH Craig Smith 04/13/ ACH Gary Payne 04/13/ ACH Kevin Sebourn 04/13/ ACH Kyra Akins 04/13/17 1, ACH Sarah Siep 04/13/ ACH Sean Stephenson 04/13/ ACH Sheri Davis 04/13/17 1, ,998, Page 6 of 6 Page 11

12 Page 1 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount City Council US Bank Corporate Payment Systems Office Supplies/Meal Provisions 02/23/ County Administrative Office-Legislative Affairs Conference Expense 03/16/ US Bank Corporate Payment Systems Meal Provisions/Employee Recognition 03/16/ League of California Cities Annual Desert Mountain Division Dues 03/23/ Big Bear Chamber of Commerce 2017 Visitor Guide Ad 03/24/ ACH Randall Putz Meeting Expense 03/30/ City Council Total 2, City Manager US Bank Corporate Payment Systems Subscription/Meeting Expense 02/23/ Verizon Wireless Cell Phone 02/23/ US Bank Corporate Payment Systems Subscription/Meeting Expense 03/16/ Verizon Wireless Cell Phone & Data Service 03/23/ City Council Total City Clerk US Bank Corporate Payment Systems Office Supplies 02/23/ Verizon Wireless Cell Phone 02/23/ Staples Business Advantage Office Supplies 03/02/ Staples Business Advantage Office Supplies 03/06/ The Grizzly Legal Notices 03/09/ US Bank Corporate Payment Systems Business Cards/Office Supplies 03/16/ Verizon Wireless Cell Phone 03/23/ Lindsey Corral Training Expense 03/30/ Quill Corporation Office Supplies 04/06/ The Grizzly Legal Notices 04/13/17 2, ACH Sarah Siep Reimb. Training Expense 04/13/ City Clerk Total 3, Financial Services US Bank Corporate Payment Systems Office Supplies 02/23/ Verizon Wireless Cell Phone 02/23/ HdL Coren & Cone Inc. Contract Services 03/02/17 3, Quill Corporation Office Supplies 03/02/ Bear Valley Mutual Water Co Misc. Service Fee 03/06/ San Bernardino County Auditor/Controller Property Tax Bill Adjustments 03/09/ US Bank Corporate Payment Systems Office Supplies 03/16/ Verizon Wireless Cell Phone 03/23/ California State Controller's Office Annual Street Report Preparation 03/30/17 2, Quill Corporation Office Supplies 03/30/ The Grizzly Newspaper Subscription 04/06/ Staples Business Advantage Office Supplies 04/13/ ACH Christine Bennett Mileage Reimbursement 03/02/17 Financial Services Total , Human Resources US Bank Corporate Payment Systems Training Registrations/Employee Service Awards 02/23/17 1,981.02Page 12

13 Page 2 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Verizon Wireless Cell Phone 02/23/ Robert Dalquest Reimb. Training Expense 03/02/ Andrew Mellon Reimb. Training Expense 03/02/ Quill Corporation Office Supplies 03/02/ Randy Champion Tuition Reimbursement 03/09/ The Grizzly Legal Notices 03/09/ Marcel Westplat Reimb. Training Expense 03/09/ Robert Dalquest Reimb. Training Expense 03/16/ Espyr EAP Services 03/16/ Andrew Mellon Reimb. Training Expense 03/16/ US Bank Corporate Payment Systems Conference & Training Expenses 03/16/17 2, Espyr EAP Services 03/23/ PARS Administrative Fees 03/23/17 1, PARS Administrative Fees 03/23/17 1, Verizon Wireless Cell Phone 03/23/ Ronald Arteaga Employee Appreciation Provisions 03/30/ Espyr EAP Services 04/06/ Andrew Mellon Reimb. Training Expense 04/06/ Ronald Arteaga Employee Appreciation Provisions 04/13/ Tim Shields Reimb. Training Expense 04/13/ ACH Kevin Sebourn Reimb. Training Expense 03/06/ ACH Kevin Sebourn Reimb. Training Expense 04/13/ ACH Rachel Bowman Reimb. Training Expense 03/09/ ACH Rachel Bowman Reimb. Training Expense 03/23/ Human Resources Total 11, City Attorney Best Best & Krieger LLP Professional Legal Services 03/02/17 14, Best Best & Krieger LLP Professional Legal Services 03/09/17 6, Dapeer Rosenblit & Litvak LLP Professional Legal Services 03/23/ Best Best & Krieger LLP Professional Legal Services 04/13/17 4, Human Resources Total 25, PW: Traffic Safety Bear Valley Electric Electricity Usage 02/23/ San Bernardino County Auditor Parking Citations 03/06/ Bear Valley Electric Electricity Usage 03/16/ Bear Valley Electric Electricity Usage 03/23/ Judicial Data Systems Corp Parking Activity 03/24/17 1, San Bernardino County Auditor Parking Citations 04/06/17 3, Bear Valley Electric Electricity Usage 04/13/ Judicial Data Systems Corp Parking Activity 04/13/ PW: Traffic Safety Total 7, Law Enforcement San Bernardino County Sheriff's Dept Monthly Sheriff Contract 03/02/17 241, San Bernardino County Sheriff's Dept Monthly Sheriff Contract (including quarterly expenses) 03/30/17 269,485.75Page 13

14 Page 3 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Law Enforcement 510, Animal Regulation San Bernardino County Dept of Public Health Vector Control 03/02/17 12, Tri-County Fire Equipment Fire Extinguisher Service 03/24/ Animal Regulation Total 12, Engineering US Bank Corporate Payment Systems Office Supplies 02/23/ Verizon Wireless Cell Phone 02/23/ Quill Corporation Office Supplies 03/02/ Staples Business Advantage Office Supplies 03/02/ Steven Enterprises, Inc Office Supplies 03/02/ Willdan Engineering Inc Professional Services 03/06/17 1, The UPS Store Shipping Charges 03/09/ US Bank Corporate Payment Systems Office Supplies 03/16/ Verizon Wireless Cell Phone 03/23/ Charles Abbott Associates Inc Traffic Engineering Services 03/24/17 1, Jericho Systems, Incorporated CEQA/NEPA Compliance Document Preparation 04/06/17 7, Willdan Engineering Inc Professional Services 04/06/17 1, OnTrac Shipping 04/13/ ACH Cylwik Property Management Professional Engineering Services 03/06/17 4, ACH Cylwik Property Management Professional Engineering Services 03/24/17 4, ACH Cylwik Property Management Professional Engineering Services 04/06/17 3, Engineering Total 24, PW: Street Maintenance Charter Communications Cable 02/23/ US Bank Corporate Payment Systems Fuel Charges 02/23/ Verizon Wireless Cell Phone 02/23/ Roger Wood Transportation LLC Snow Removal 03/02/17 6, Staples Business Advantage Office Supplies (Credit) 03/02/17 (47.80) Clifford Fowler Chains 03/06/17 1, Butchers Blocks & Building Materials Materials/Supplies 03/06/ Calolympic Glove & Safety Co Safety Supplies 03/06/ Crafco Inc. Materials/Supplies 03/06/17 2, Cutting Edge Supply Equipment Supplies 03/06/ HUB Construction Spec, Inc Materials/Supplies 03/06/17 1, Mile High Equipment, Inc. Snow Removal 03/06/17 84, Mission Linen Supply Inc. Uniform Laundry Service 03/06/ NAPA Auto Parts Tools 03/06/ RDO Equipment Co Equipment Maintenance 03/06/ Robertson's Ready Mix Materials/Supplies 03/06/ Romans Construction Corp. Snow Removal 03/06/17 16, Vulcan Materials Company Inc. Materials/Supplies 03/06/ Big Bear Disposal Inc Snow Removal 03/09/17 3, CHP - Arrowhead Area Traffic Control Services 03/16/17 10,478.05Page 14

15 Page 4 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount US Bank Corporate Payment Systems Vehicle Maintenance 03/16/ Valero Marketing & Supply Co Fuel Charges 03/16/ Charter Communications Cable 03/23/ Fox Farm Storage Storage Space Rentals 03/23/ STL Landscape, Inc. Emergency Blvd. Traffic Control Repairs 03/23/17 111, Verizon Wireless Cell Phone 03/23/ San Bernardino County Vehicle Svcs Dept Fuel Charges 03/24/17 5, AW Direct Tools 03/24/ Butchers Blocks & Building Materials Materials/Supplies 03/24/ Calolympic Glove & Safety Co Safety Supplies 03/24/ Cintas Corporation First Aid Supplies 03/24/ Mission Linen Supply Inc. Uniform Laundry Service 03/24/ Porter's Firewood Snow Removal 03/24/17 4, Rochester Midland Corporation Janitorial Materials 03/24/ Robertson's Ready Mix Materials/Supplies 03/24/ Volvo Construction Equipment Inc. Equipment Repairs 03/24/17 3, Vulcan Materials Company Inc. Materials/Supplies 03/24/17 1, Bay City Equipment Industries Equipment Repairs 04/06/ Big Bear Disposal Inc Snow Removal 04/06/ Butchers Blocks & Building Materials Materials/Supplies 04/06/ Calolympic Glove & Safety Co Safety Supplies 04/06/ CP Products Janitorial Supplies 04/06/ Mile High Equipment, Inc. Snow Removal 04/06/17 21, Mission Linen Supply Inc. Uniform Laundry Service 04/06/ Orkin Inc. Pest Control 04/06/ RDO Equipment Co Equipment Rental 04/06/17 8, ROW Traffic Safety, Inc. Equipment Rental 04/06/17 3, Volvo Construction Equipment Inc. Vehicle Maintenance 04/06/17 2, Willdan Engineering Inc Code Enforcement Services 04/06/17 2, San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/17 1, Butchers Blocks & Building Materials Materials/Supplies 04/13/ Teele Tree Service Inc. Tree Removal Services 04/13/ Cintas Corporation First Aid Supplies 04/13/ Crafco Inc. Street Maintenance Materials 04/13/ Mission Linen Supply Inc. Uniform Laundry Service 04/13/ RDO Equipment Co Equipment Rental 04/13/17 13, Rochester Midland Corporation Janitorial Services 04/13/ Romans Construction Corp. Equipment Rental 04/13/17 3, RPM Tech Inc. Equipment Maintenance 04/13/17 7, Vista Paint Street Maintenance Materials 04/13/17 8, Volvo Construction Equipment Inc. Equipment Rental 04/13/17 42, Vulcan Materials Company Inc. Materials/Supplies 04/13/17 1, Joann Olson Baird Fuel 04/13/ ACH Kyle Lindley Construction Snow Removal 03/24/17 3,975.50Page 15

16 Page 5 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount PW: Street Maintenance Total 384, PW: Vehicle Maintenance Southwest Gas Corporation Natural Gas Usage 02/23/17 1, Mission Linen Supply Inc. Uniform Laundry Service 03/06/ NAPA Auto Parts Vehicle Maintenance 03/06/ City of Big Bear Lake Dept of Water & Power Water Usage 03/09/ Bear Valley Electric Electricity Usage 03/16/ Southwest Gas Corporation Natural Gas Usage 03/23/17 1, Butchers Blocks & Building Materials Materials/Supplies 03/24/ Greiner Buick, Pontiac, GMC Vehicle Maintenance 03/24/17 1, Mission Linen Supply Inc. Uniform Laundry Service 03/24/ NAPA Auto Parts Vehicle Maintenance 03/24/17 1, Parkhouse Tire, Inc. Vehicle Maintenance 03/24/17 1, Redlands Auto Plaza Vehicle Maintenance 03/24/ Star Headlight & Lantern Co., Inc. Materials/Supplies 03/24/ Westrux International, Inc. Vehicle Maintenance 03/24/ Bear Communications, Inc. Vehicle Maintenance 04/06/ Mission Linen Supply Inc. Uniform Laundry Service 04/06/ NAPA Auto Parts Vehicle Maintenance 04/06/ Parkhouse Tire, Inc. Vehicle Maintenance 04/06/ City of Big Bear Lake Dept of Water & Power Water Usage 04/06/ AW Direct Vehicle Maintenance 04/13/ Butchers Blocks & Building Materials Materials/Supplies 04/13/ Lumber City Corp. Vehicle Maintenance 04/13/ Grainger Inc. Materials/Supplies 04/13/ Lawson Products, Inc Materials/Supplies 04/13/ Mission Linen Supply Inc. Uniform Laundry Service 04/13/ NAPA Auto Parts Vehicle Maintenance 04/13/ Bear Valley Electric Electricity Usage 04/13/17 6, PW: Vehicle Maintenance Total 17, PW: Street Lighting Bear Valley Electric Electricity Usage 02/23/ Bear Valley Electric Electricity Usage 03/09/17 7, Bear Valley Electric Electricity Usage 03/16/ Bear Valley Electric Electricity Usage 03/23/ Bear Valley Electric Electricity Usage 04/06/17 5, Bear Valley Electric Electricity Usage 04/13/ PW: Street Lighting Total 13, PW: Parking Lots/Chamber Lumber City Corp. Materials/Supplies 03/06/ Empire Partitions and Specialties Inc Restroom Maintenance 03/06/17 2, Waxie Sanitary Supply Inc. Janitorial Supplies 03/06/ City of Big Bear Lake Dept of Water & Power Water Usage 03/09/ Big Bear Disposal Inc Snow Removal 03/09/ Page 16

17 Page 6 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Bear Valley Electric Electricity Usage 03/09/17 1, Bear Valley Electric Electricity Usage 03/16/17 1, Ludecke's Electrical Service, Inc. Electrical Repairs 03/16/ Butchers Blocks & Building Materials Materials/Supplies 03/24/ CP Products Janitorial Supplies 03/24/ Rochester Midland Corporation Janitorial Supplies 03/24/ Big Bear Disposal Inc Snow Removal 04/06/17 1, Butchers Blocks & Building Materials Materials/Supplies 04/06/ Mile High Equipment, Inc. Snow Removal 04/06/17 7, City of Big Bear Lake Dept of Water & Power Water Usage 04/06/ Bear Valley Electric Electricity Usage 04/06/17 1, Rochester Midland Corporation Janitorial Supplies 04/13/ Waxie Sanitary Supply Inc. Janitorial Supplies 04/13/ PW: Parking Lots/Chamber Total 18, Planning US Bank Corporate Payment Systems Office Supplies/Uniforms 02/23/ Verizon Wireless Cell Phone 02/23/ Quill Corporation Office Supplies 03/02/ Staples Business Advantage Office Supplies 03/02/ Bad Bear Sportswear Uniform Shirts 03/06/ Quill Corporation Office Supplies 03/06/ The Grizzly Legal Notices 03/09/ OnTrac Shipping Charges 03/16/ Quill Corporation Office Supplies 03/16/ US Bank Corporate Payment Systems Office Supplies 03/16/ Verizon Wireless Cell Phone 03/23/ San Bernardino County Monthly Assessor Parcel Revision Fee 03/24/ Moore Iacofano Goltsman, Inc. Professional Services 03/24/17 1, Jericho Systems, Incorporated Consulting Services- CEQA Study 04/06/17 5, San Bernardino County Monthly Assessor Parcel Revision Fee 04/06/ Quill Corporation Office Supplies 04/06/ H&T Cultural Resource Management Inc. Historical Building Evaluation 04/13/17 7, The Grizzly Legal Notices 04/13/ ACH Ruth Lorentz Consulting Services 03/09/17 1, ACH Ruth Lorentz Consulting Services 04/06/17 2, Planning Total 21, Planning Commission Tim Breunig Planning Commissioner Services 03/06/ Paul Senft Planning Commissioner Services 03/06/ Ronald C. Tholen Planning Commissioner Services 03/06/ The Grizzly Legal Notices 03/09/ US Bank Corporate Payment Systems Conference Expense 03/16/ Tim Breunig Planning Commissioner Services 03/24/ Paul Senft Planning Commissioner Services 03/24/ Page 17

18 Page 7 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Ronald C. Tholen Planning Commissioner Services 03/24/ Tim Breunig Planning Commissioner Services 04/06/ Paul Senft Planning Commissioner Services 04/06/ Ronald C. Tholen Planning Commissioner Services 04/06/ Tim Breunig Planning Commissioner Services 04/13/ Paul Senft Planning Commissioner Services 04/13/ Ronald C. Tholen Planning Commissioner Services 04/13/ ACH Anne Bush Planning Commissioner Services 03/06/ ACH Craig Smith Planning Commissioner Services 03/06/ ACH Anne Bush Planning Commissioner Services 03/24/ ACH Craig Smith Planning Commissioner Services 03/24/ ACH Anne Bush Planning Commissioner Services 04/06/ ACH Craig Smith Planning Commissioner Services 04/06/ ACH Anne Bush Planning Commissioner Services 04/13/ ACH Craig Smith Planning Commissioner Services 04/13/ Planning Commission Total 4, Code Compliance US Bank Corporate Payment Systems Office Supplies/Uniforms 02/23/ Verizon Wireless Cell Phone 02/23/ Quill Corporation Office Supplies 03/02/ Staples Business Advantage Office Supplies 03/02/ AW Direct Vehicle Supplies 03/06/ Butchers Blocks & Building Materials Materials/Supplies 03/06/ All Protection Alarm TPHR Hotline Dispatch 03/09/17 4, Frontier Communications TPHR Hotline 03/16/ US Bank Corporate Payment Systems Office Supplies 03/16/ Valero Marketing & Supply Co Fuel Charges 03/16/ Verizon Wireless Cell Phone 03/23/ San Bernardino County Vehicle Svcs Dept Fuel Charges 03/24/ Butchers Blocks & Building Materials Materials/Supplies 03/24/ San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/ Frontier Communications TPHR Hotline 04/13/ ACH Kyra Akins TPHR Inspections 03/06/ ACH Sean Stephenson TPHR Inspections 03/06/17 1, ACH Kyra Akins TPHR Inspections 03/24/ ACH Sean Stephenson TPHR Inspections 03/24/17 1, ACH Kyra Akins TPHR Inspections 04/06/17 1, ACH Sean Stephenson TPHR Inspections 04/06/17 2, ACH Kyra Akins TPHR Inspections 04/13/17 1, ACH Sean Stephenson TPHR Inspections 04/13/ Code Compliance Total 17, Intergovernmental/Community US Bank Corporate Payment Systems eblast Newsletter Fee 02/23/ Verizon Wireless Cell Phone 02/23/ Page 18

19 Page 8 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount US Bank Corporate Payment Systems eblast Newsletter Fee 03/16/ Verizon Wireless Cell Phone 03/23/ The Grizzly Newspaper Subscription Renewal 03/24/ ACH Sheri Davis Professional Film Services 03/02/17 1, ACH Sheri Davis Professional Film Services 04/13/17 1, Intergovernmental/Community Relations Total 3, Building & Safety US Bank Corporate Payment Systems Publications/Uniforms 02/23/ Verizon Wireless Cell Phone 02/23/ Quill Corporation Office Supplies 03/02/ Staples Business Advantage Office Supplies 03/02/ Bad Bear Sportswear Uniform Shirts 03/06/ US Bank Corporate Payment Systems Office Supplies 03/16/ Valero Marketing & Supply Co Fuel Charges 03/16/ Verizon Wireless Cell Phone 03/23/ Willdan Engineering Inc Building Official Services 04/06/17 10, Building & Safety Total 11, PAC: Performing Arts Center Southwest Gas Corporation Natural Gas Usage 02/23/ US Bank Corporate Payment Systems Theater Supplies 02/23/ Verizon Wireless Cell Phone 02/23/ Butchers Blocks & Building Materials Theatre Supplies 03/06/ All Protection Alarm Alarm Monitoring 03/09/ Bear Valley Electric Electricity Usage 03/09/17 5, Bear Valley Electric Electricity Usage 03/16/17 2, US Bank Corporate Payment Systems Maintenance Supplies 03/16/ Southwest Gas Corporation Natural Gas Usage 03/23/ Verizon Wireless Cell Phone 03/23/ Big Bear Paint Center Materials/Supplies 03/24/ Butchers Blocks & Building Materials Materials/Supplies 03/24/ NAPA Auto Parts Equipment Maintenance 03/24/ Butchers Blocks & Building Materials Theater Repairs 04/06/ Lumber City Corp. Supplies 04/06/ Premier Lighting & Prod Co Inc. Theater Supplies 04/06/ Butchers Blocks & Building Materials PAC Maintenance Materials 04/13/ Lumber City Corp. PAC Maintenance Materials 04/13/ All Protection Alarm Alarming Monitoring 04/13/ Big Bear Paint Center Paint Supplies 04/13/ Seat Advisor, Inc. Ticket Sales 04/13/ ACH Gary Payne Contract Services 02/23/17 1, ACH Gary Payne Contract Services 03/02/ ACH Gary Payne Contract Services 03/09/ ACH Gary Payne Reimb. Materials 03/16/ ACH Gary Payne Contract Services 03/23/17 1,428.00Page 19

20 Page 9 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount PAC: Performing Arts Center Total 14, PW: City Parks Bear Valley Printing Inc Armed Forces Banners 02/23/ Butchers Blocks & Building Materials Materials/Supplies 03/06/ Lumber City Corp. Materials/Supplies 03/06/ Waxie Sanitary Supply Inc. Janitorial Supplies 03/06/ City of Big Bear Lake Dept of Water & Power Water Usage 03/09/ Bear Valley Electric Electricity Usage 03/09/ Bear Valley Electric Electricity Usage 03/16/17 2, Ludecke's Electrical Service, Inc. Electrical Maintenance 03/16/ US Bank Corporate Payment Systems Office Supplies 03/16/17 1, Calolympic Glove & Safety Co Safety Supplies 03/24/ CP Products Janitorial Supplies 03/24/ Lumber City Corp. Materials/Supplies 03/24/ Rochester Midland Corporation Janitorial Supplies 03/24/ Lumber City Corp. Materials/Supplies 04/06/ City of Big Bear Lake Dept of Water & Power Water Usage 04/06/ Bear Valley Electric Electricity Usage 04/06/ Lumber City Corp. Materials/Supplies 04/13/ Ewing Irrigation Supplies 04/13/ Geiger Supply, Inc. Materials/Supplies 04/13/ Rochester Midland Corporation Janitorial Services 04/13/ Bear Valley Electric Electricity Usage 04/13/ Waxie Sanitary Supply Inc. Janitorial Supplies 04/13/ PW: City Parks Total 9, General Government Frontier Communications Dialer Line 02/23/ Verizon Wireless Cell Phone 02/23/ Ricoh USA, Inc. Wide Format Lease 03/06/ All Protection Alarm Answering Service 03/09/ Charter Communications Cable 03/09/17 1, Docu-Trust Document Storage 03/09/ Pola Durban Mileage Reimbursement 03/09/ Frontier Communications Phone Service 03/09/17 1, Randy Spitz Coffee Supplies 03/09/ National Business Furniture Office Furniture 03/16/17 2, Ricoh USA, Inc. Copier Lease 03/16/17 2, Frontier Communications Phone Service 03/23/ League of California Cities Annual Streets and Roads Assessment 03/23/ Randy Spitz Coffee Supplies 03/23/ Verizon Wireless Cell Phone 03/23/ Direct Signs Office Supplies 04/06/ Charter Communications High Speed Internet 04/06/17 1, Cintas Corporation Medical Supplies 04/06/ Page 20

21 Page 10 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Pola Durban Mileage Reimbursement 04/06/ Frontier Communications Phone Service 04/06/ Quill Corporation Office Supplies 04/06/ Docu-Trust Document Storage 04/13/ Randy Spitz Coffee Supplies 04/13/ Mail Finance, Inc. Mailing Machine Lease 04/13/ All Protection Alarm Answering Service 04/13/ Frontier Communications Phone Service 04/13/17 1, Ricoh USA, Inc. Copier Lease 04/13/17 1, ACH Gary Payne Contract Services 02/23/ General Government Total 19, Technology Services OpenGov, Inc. Annual Support Fee 02/23/17 7, Accela, Inc. Annual Software Maintenance (2 Years) 02/23/17 22, US Bank Corporate Payment Systems Computer Replacement/Cables/UPS 02/23/17 1, Verizon Wireless Cell Phone 02/23/ Harris Computer Systems Annual Software Maintenance 02/28/17 13, Steve Hines LLC Laserfiche Maintenance/Support 03/02/17 6, Full Compass Systems, Ltd Projector Accessories 03/02/ Butchers Blocks & Building Materials Materials/Supplies 03/06/ AgendaPal Corporation Monthly Subscription 03/09/ CDW Government LLC Computer Replacement 03/09/ Frontier Communications Alarm Lines 03/09/ Staples Business Advantage Office Supplies 03/09/ US Bank Corporate Payment Systems Office Supplies 03/16/ Verizon Wireless Cell Phone 03/23/ Miles Out.com Video Streaming 03/24/ Butchers Blocks & Building Materials Materials/Supplies 03/24/ Environmental Systems Research Institute, Inc. Software Maintenance 03/24/17 2, General Wireless Operations Inc. IT Equipment 03/24/ Staples Business Advantage Office Supplies/High Volume Toner 03/24/17 2, Frontier Communications Alarm Lines 04/06/ Full Compass Systems, Ltd Projector System 04/06/17 7, Miles Out.com Video Streaming 04/13/ AgendaPal Corporation Monthly Subscription 04/13/ Quill Corporation Office Supplies 04/13/ ACH Taso Tech Inc Monthly On-Site Support 03/02/17 3, ACH Taso Tech Inc Monthly Off-Site Support 03/09/17 1, ACH Taso Tech Inc Monthly Off-Site Support 03/30/17 1, ACH Taso Tech Inc Monthly On-Site Support 04/06/17 7, Technology Services Total 80, Civic Center Southwest Gas Corporation Natural Gas Usage 02/23/17 2, US Bank Corporate Payment Systems Office Supplies 02/23/ Page 21

22 Page 11 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Verizon Wireless Cell Phone 02/23/ Florence Filter Corporation Office Supplies 03/02/ Orkin Inc. Pest Control 03/02/ Butchers Blocks & Building Materials Tools 03/06/ Lumber City Corp. Materials/Supplies 03/06/ Mission Linen Supply Inc. Uniform Laundry Service 03/06/ Michael Marcotte Plumbing Repairs 03/06/ Waxie Sanitary Supply Inc. Janitorial Supplies 03/06/ City of Big Bear Lake Dept of Water & Power Water Usage 03/09/ All Protection Alarm Alarm Monitoring 03/09/ Bear Valley Electric Electricity Usage 03/09/17 16, Bear Valley Electric Electricity Usage 03/16/17 8, Ludecke's Electrical Service, Inc. Electrical Repairs 03/16/ US Bank Corporate Payment Systems Flags 03/16/17 1, Southwest Gas Corporation Natural Gas Usage 03/23/17 1, Verizon Wireless Cell Phone 03/23/ San Bernardino County Vehicle Svcs Dept Fuel Charges 03/24/ Butchers Blocks & Building Materials Materials/Supplies 03/24/ Mission Linen Supply Inc. Uniform Laundry Service 03/24/ Rochester Midland Corporation Janitorial Supplies 03/24/ Bay City Equipment Industries Maintenance and Repairs 04/06/17 1, Butchers Blocks & Building Materials Materials/Supplies 04/06/ Mission Linen Supply Inc. Uniform Laundry Service 04/06/ Otis Elevator Company Elevator Maintenance 04/06/ City of Big Bear Lake Dept of Water & Power Water Usage 04/06/ Orkin Inc. Pest Control 04/06/ San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/ Butchers Blocks & Building Materials Materials/Supplies 04/13/ Lumber City Corp. Materials/Supplies 04/13/ Geiger Supply, Inc. Materials/Supplies 04/13/ Mission Linen Supply Inc. Uniform Laundry Service 04/13/ Rochester Midland Corporation Janitorial Services 04/13/ All Protection Alarm Alarm Monitoring 04/13/ Bear Valley Electric Electricity Usage 04/13/ Waxie Sanitary Supply Inc. Janitorial Supplies 04/13/ Civic Center Total 36, Sanitation Frontier Communications Pump Station Lines 02/23/ Southwest Gas Corporation Natural Gas Usage 02/23/17 1, US Bank Corporate Payment Systems CWEA Membership 02/23/ Verizon Wireless Telemetry Line 02/23/17 1, Staples Business Advantage Office Supplies 03/02/ Verizon Wireless Telemetry Line 03/02/ Butchers Blocks & Building Materials Materials/Supplies 03/06/ Page 22

23 Page 12 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Mission Linen Supply Inc. Uniform Laundry Service 03/06/ Xylem Water Solutions USA Inc Sewer Lift Station Maintenance 03/06/17 3, City of Big Bear Lake Dept of Water & Power Water Usage 03/09/ Bear Valley Electric Electricity Usage 03/09/17 4, Frontier Communications Pump Station Lines 03/09/ Bear Valley Electric Electricity Usage 03/16/17 11, US Bank Corporate Payment Systems CWEA Membership 03/16/ Frontier Communications Pump Station Lines 03/23/ Southwest Gas Corporation Natural Gas Usage 03/23/17 1, Verizon Wireless Telemetry Lines 03/23/ San Bernardino County Vehicle Svcs Dept Fuel Charges 03/24/ BBARWA Connection Fees 03/24/17 3, Butchers Blocks & Building Materials Materials/Supplies 03/24/ Lumber City Corp. Materials/Supplies 03/24/ Grainger Inc. Tools 03/24/ Mission Linen Supply Inc. Uniform Laundry Service 03/24/ NAPA Auto Parts Vehicle Maintenance 03/24/ General Wireless Operations Inc. IT Equipment 03/24/ Star Headlight & Lantern Co., Inc. Materials/Supplies 03/24/ Underground Service Alert Inc. Tickets 03/24/ Anthony Valdez Reimb. -Meal Provisions 03/24/ Verizon Wireless Telemetry Line 03/30/ Bay City Equipment Industries Maintenance and Repairs 04/06/17 2, Big Bear Electric Electrical Repairs 04/06/ Butchers Blocks & Building Materials Materials/Supplies 04/06/ Calolympic Glove & Safety Co Safety Supplies 04/06/ Geiger Supply, Inc. Materials/Supplies 04/06/ Mission Linen Supply Inc. Uniform Laundry Service 04/06/ NAPA Auto Parts Vehicle Maintenance 04/06/ Robertson's Ready Mix Materials/Supplies 04/06/ City of Big Bear Lake Dept of Water & Power Water Usage 04/06/ Bear Valley Electric Electricity Usage 04/06/17 1, San Bernardino County Vehicle Svcs Dept Fuel Charges 04/13/17 1, BBARWA Connection Fees 04/13/17 3, BBARWA Standby Charge 50% FY17-2nd Installment 04/13/17 1,216, Butchers Blocks & Building Materials Materials/Supplies 04/13/ Calolympic Glove & Safety Co Safety Supplies 04/13/ Grainger Inc. Materials/Supplies 04/13/ Mission Linen Supply Inc. Uniform Laundry Service 04/13/ NAPA Auto Parts Vehicle Maintenance 04/13/ Underground Service Alert Inc. Tickets 04/13/ Walters Wholesale Tools 04/13/ Bear Valley Electric Electricity Usage 04/13/17 14, Frontier Communications Alarm/Telemetry Lines 04/13/ Page 23

24 Page 13 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Verizon Wireless Test Modem 04/13/ ACH Cylwik Property Management Professional Engineering Services 03/06/17 1, ACH Cylwik Property Management Professional Engineering Services 03/24/17 1, ACH Cylwik Property Management Professional Engineering Services 04/06/17 1, Sanitation Total 1,281, Village Streetscape Southwest Gas Corporation Natural Gas Usage 02/23/17 2, Butchers Blocks & Building Materials Materials/Supplies 03/06/ Lumber City Corp. Materials/Supplies 03/06/ City of Big Bear Lake Dept of Water & Power Water Usage 03/09/ Bear Valley Electric Electricity Usage 03/09/17 1, Bear Valley Electric Electricity Usage 03/16/ Ludecke's Electrical Service, Inc. Electrical Repairs 03/16/ Big Bear Disposal Inc Village Litter Containers 03/23/17 1, Southwest Gas Corporation Natural Gas Usage 03/23/17 2, Butchers Blocks & Building Materials Materials/Supplies 03/24/ Lumber City Corp. Materials/Supplies 03/24/ Lumber City Corp. Spring Planting Supplies 04/06/17 2, Uline Materials/Supplies 04/06/ City of Big Bear Lake Dept of Water & Power Water Usage 04/06/ Bear Valley Electric Electricity Usage 04/06/17 1, Butchers Blocks & Building Materials Materials/Supplies 04/13/17 1, Lumber City Corp. Landscaping Materials 04/13/ Ewing Irrigation Supplies 04/13/ Geiger Supply, Inc. Materials/Supplies 04/13/ Anthony Baker Village Clock Repairs 04/13/17 2, Walters Wholesale Tools 04/13/ Big Bear Disposal Inc Village Litter Containers 04/13/17 1, Bear Valley Electric Electricity Usage 04/13/ Village Streetscape Total 19, PEG Access US Bank Corporate Payment Systems IT Equipment 02/23/ ACH Gary Payne Reimb. -Broadcast Equipment Supplies 04/13/ PEG Access Total Capital Projects US Bank Corporate Payment Systems Vehicle Maintenance-Seat Covers 02/23/ Robert Peterson STR Helper Software 03/02/17 3, Bear Valley Printing Inc Pennsylvania Parking Lot Signage 03/06/ Ludecke's Electrical Service, Inc. Knickerbocker Parking Lot Lighting 03/16/17 1, Butchers Blocks & Building Materials Happy Hill- Walk Pad Stakes 04/13/ Robertson's Ready Mix Happy Hill Trail Rock 04/13/17 3, ACH Cylwik Property Management Professional Engineering Services 03/06/17 1, ACH Cylwik Property Management Professional Engineering Services 03/24/ ACH Cylwik Property Management Professional Engineering Services 04/06/17 1,947.48Page 24

25 Page 14 of 14 City of Big Bear Lake Expenditure By Department Checks Issued 02/17/17 through 04/13/2017 Check# Vendor/Employee Transaction Amount Capital Projects Total 12, Capital Projects /Streets Porter's Firewood Big Bear Blvd Sidewalk/Edgemoor to Talmadge 03/06/17 23, Porter's Firewood Big Bear Blvd Sidewalk/Edgemoor to Talmadge 03/24/17 3, Bear Valley Paving, Inc. Big Bear Blvd Widening /Division 04/13/17 21, ACH Cylwik Property Management Professional Engineering Services 03/24/ ACH Cylwik Property Management Professional Engineering Services 04/06/ Capital Projects/Street Improvements Total 48, Refuse San Bernardino County Fire Protection District Household Hazardous Waste Fees 02/23/17 4, Verizon Wireless Cell Phone 02/23/ San Bernardino County Fire Department Household Hazardous Waste Services 03/06/17 1, San Bernardino County Dept of Public Works Solid Waste Collection 03/06/ Mission Linen Supply Inc. Uniform Laundry Service 03/06/ Big Bear Disposal Inc Residential Curb/Bin Service 03/23/17 158, Verizon Wireless Cell Phone 03/23/ Mission Linen Supply Inc. Uniform Laundry Service 03/24/ Mission Linen Supply Inc. Uniform Laundry Service 04/06/ John L Hunter Associates, Inc NPDES Program Administration 04/13/ Mission Linen Supply Inc. Uniform Laundry Service 04/13/ Big Bear Disposal Inc Residential Curb/Bin Service 04/13/17 158, Mojave Desert & Mountain MDSW JPA Quarterly Contribution 04/13/17 3, ACH Cylwik Property Management Professional Engineering Services 03/06/17 1, ACH Cylwik Property Management Professional Engineering Services 03/24/17 1, ACH Cylwik Property Management Professional Engineering Services 04/06/17 1, Refuse Total 330, Deposits Payable All American Asphalt/Aggregates Retention-Manhole covers 03/06/17 2, Bear Valley Paving, Inc. Retention-Alpine Pedal Path Bridge 03/06/17 4, Porter's Firewood Retention-Big Bear Blvd Sidewalk Edgemoor to Talmadge 03/06/17 (1,150.00) All American Asphalt/Aggregates Retention-Knickerbocker/Pennsylvania Parking Lot 03/24/17 43, Porter's Firewood Retention-Big Bear Blvd Sidewalk Edgemoor to Talmadge 03/24/17 (150.00) Bear Valley Paving, Inc. Retention-Blvd Widening/Division 04/13/17 (1,077.70) Deposits Payable Total 48, Grand Total 2,998, Page 25

26 CITY OF BIG BEAR LAKE TREASURER'S REPORT February, 2017 DISTRIBUTION OF TREASURY CASH MARKET DATE OF % OF RATE COST VALUE MATURITY Demand Account - Union Bank $ 605, % Imprest Cash - Union Bank Payroll 5, % Imprest Cash 1, % Local Agency Investment Fund (LAIF) 0.777% 10,415,661 immediate 94.45% Total Cash In Treasury: $ 11,028, % INVESTMENT ACTIVITY LAIF transactions: Deposited $500,000 Withdrawn $0 LAIF average life of portfolio: 171 Days Interest received since 7/1/2016: $45,238 Note: The aforementioned investments conform to the City's investment policy. (Res ) Cash is sufficient to meet needs of the next 6 months. Interest earned on invested cash is accrued on a quarterly basis. DISTRIBUTION OF CASH BY FUNDS February 2017 January 2017 Change General 5,169,583 5,332,148 (162,566) Sanitation 3,727,250 3,782,182 (54,932) Measure I (151,366) (189,407) 38,041 Capital Improvement 1,140,911 1,140,911 - Refuse 293, ,952 (169,326) Trust 578, ,248 (227,060) Successor Agency 19,642 19,642 - AB 3229 Supp Law Enforce 250, ,114 17,120 Total Cash in Treasury: 11,028,067 11,586,790 (558,723) CASH WITH FISCAL AGENT - RESERVE FUNDS COST MARKET CURRENT BASIS VALUE YIELD 2005 Revenue Refunding Bonds Big Bear Lake Reserve Fund 578, , % Moonridge Reserve Fund 79,319 79, % 1999 IA Tax Allocation Bonds 289, , % NOTE - Pursuant to California Govt. Code all local government agencies are required to report the current market value of investments under management by an outside party. The reserve funds for the aforementioned bond issues are held and managed by our Trustee, Union Bank. Page 26

27 CITY OF BIG BEAR LAKE CITY COUNCIL MINUTES FOR A REGULAR MEETING FEBRUARY 27, 2017 A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Bill Jahn at 6:36 p.m., on Monday, February 27, 2017, at the Civic Center, Big Bear Boulevard, Big Bear Lake, California. OPEN SESSION Moment of Silence Flag Salute: Councilmembers Present: Councilmembers Absent: Led by Councilmember Caretto Mayor Bill Jahn Councilmember David Caretto Councilmember Randall Putz Mayor Pro Tem Rick Herrick The record will reflect that Councilmember Bob Jackowski arrived to the meeting at 6:43 p.m. Others Present: Jeff Mathieu, City Manager Kathleen Smith, COO/Acting City Clerk Sarah Siep, Senior Administrative Analyst ANNOUNCEMENTS & UPCOMING EVENTS The March 13, March 27 and April 10 Regular Meetings of City Council have been cancelled. The next Regular City Council Meeting will be held on Monday, April 24 at 6:30 p.m. (Event Calendar for the Performing Arts Center (For tickets please contact the box office at (909) or visit citybigbearlake.com unless noted otherwise) Big Bear Middle School Presents The Lion King, March 16 through 18 at 7:00 p.m. and March 19 at 1:30 p.m. Big Bear High School Performing Arts Presents Into the Woods, April 21 through 22, and 28 through 29 at 7:00 p.m. and April 23 at 2:00 p.m. PRESENTATIONS Presentation from Councilmember Caretto regarding a recent tour to the Ft. Irwin National Training Facility, and a Certificate of Appreciation he received on behalf of the City from Colonel Melton. Presentation from Gloria Meade regarding organizing a Committee for Big Bear at the 2018 Tournament of Roses Parade. Page 27

28 Page 2 City Council Minutes February 27, 2017 PUBLIC COMMUNICATIONS: None 1. CONSENT CALENDAR Motion by Councilmember Putz, seconded by Councilmember Caretto, to approve the Consent Calendar as follows: City Council 1.1 APPROVAL OF DEMANDS CHECK ISSUE DATE 02/03/17 THROUGH 02/16/17 IN THE AMOUNT OF $828, Approved. 1.2 APPROVAL OF MEETING MINUTES FROM THE FEBRUARY 13, 2017 MID-YEAR BUDGET WORKSHOP MEETING OF CITY COUNCIL Approved. 1.3 APPROVAL OF MEETING MINUTES FROM THE FEBRUARY 13, 2017 JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION Approved. 1.4 APPROVAL OF MEETING MINUTES FROM THE FEBRUARY 13, 2017 REGULAR MEETING OF CITY COUNCIL Approved. 1.5 FUTURE VACANCIES ON THE PLANNING COMMISSION Council consideration of authorizing the advertisement of the prospective vacancies for the current terms that expire on June 30, 2017 on the Planning Commission. Approved. 1.6 FUTURE VACANCIES ON THE DEPARTMENT OF WATER & POWER (DWP) BOARD OF COMMISSIONERS Council consideration of authorizing the advertisement of the two prospective vacancies for the current terms that expire on June 30, 2017 on the DWP Board of Commissioners. Approved. Page 28

29 Page 3 City Council Minutes February 27, AWARD OF CONTRACT ALPINE PEDAL PATH REHABILITATION PHASE I AND II Council consideration of approving a Resolution to reject all bids for the Alpine Pedal Path Rehabilitation Project, and making findings pursuant to Public Contract Code section 20167; establishing a budget for Phase I and II Alpine Pedal Path in the amount of $1,060,000 utilizing the funding sources identified herein; authorizing the City Manager, and/or his designee, to award construction contracts to Bear Valley Paving for Phase I Alpine Pedal Path Rehabilitation Project in a combined amount not to exceed $750,000 and execute contract documents; and authorizing staff to contract for Project Management and inspection services with an approved consultant. Approved and adopted the following Resolution entitled: RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE REJECTING ALL BIDS AND MAKING FINDINGS PURSUANT TO PUBLIC CONTRACT CODE SECTION AUTHORIZING THE CITY OBTAIN A CONTRACT ON THE OPEN MARKET IN ORDER TO ACHIEVE COST SAVINGS ON THE ALPINE PEDAL PATH REHABILITATION PROJECT 1.8 CONTRACT EMERGENCY WORK TO STL LANDSCAPING, INC. Council consideration of authorizing the payment of $141, to STL Landscaping, Inc. for emergency work and directing staff to pursue reimbursement from the entities responsible. Approved. 1.9 BIG BEAR CITY COMMUNITY SERVICES DISTRICT SEWAGE TREATMENT FEES AGREEMENT Council consideration of adopting the Big Bear City Community Services District Sewage Treatment Fees Agreement. Approved NEW TRASH COLLECTION MANDATES Council consideration of receiving and filing a report regarding new trash collection mandates from the Regional Water Quality Control Board (RWQCB), which will require the City to categorize each of its storm water systems and install control mechanisms for trash. Received and filed. Page 29

30 Page 4 City Council Minutes February 27, 2017 The balance of the Consent Calendar was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Jackowski, Caretto, Putz, Jahn None None Herrick ITEMS REMOVED FROM THE CONSENT CALENDAR None. 2. PUBLIC HEARINGS Any person may appear and be heard in support or opposition to the proposal at the time of the meeting. If you challenge the action in court, you may be limited to raising only those issues which you or someone else raised at the public meeting described in the notice, or in written correspondence delivered to the City at or before the public meeting. 2.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATIONS FOR PROGRAM YEAR Council consideration, discussion and possible action regarding holding a public hearing to review written and oral reports and public testimony regarding a recommendation to the San Bernardino County Economic Development Agency (EDA) to fund the Public Works Department ADA Upgrades at City Hall using the allocation of $25,749; and by a separate motion, make a recommendation to fund the nine (9) local public service programs shown on Table 1 equally with a grant of $3, during the CDBG funding cycle. Presentation from Jim Miller, Community Development Director, regarding Community Development Block Grant applications and distribution of funds for the Program Year. At the hour of 6:54 p.m., Mayor Jahn opened the public hearing. Michael Natzic, DOVES of Big Bear Valley, Inc: Thanked Council for their support and discussed the background and outreach of the organization, and provided examples of how the programs help their recipients. Councilmember Caretto asked for clarification regarding the difference between shelter assistance and transitional living assistance. Michael Natzic responded. Councilmember Jackowski thanked DOVES for their work in the community, and asked for confirmation on the transitional period of time, and what happens to people who need more time. Page 30

31 Page 5 City Council Minutes February 27, 2017 Michael Natzic responded. Nichole McGivney, Bear Valley Community Healthcare District, Mom & Dad Project: Discussed the classes and programs offered by the Mom & Dad Project that are assisted from CDBG funding, as well as future goals of the Project, and thanked Council for their support. Sara Rosell, United States Adaptive Recreation Center, Inc. (USARC): Discussed how CDBG funds were used last fiscal year and how the funds will be used in the future, and thanked Council for their support. Tanya Perry, on behalf of Michael Perry, Lighthouse Project: Thanked Council for their support and discussed how CDBG funds would be used to obtain a Maker Space Station for Bear Valley Middle School s STEAM Program. Tanya Perry, Bear Valley Unified School District, Healthy Start: Thanked Council for their support and discussed how CDBG funds have assisted with health aid programs at Big Bear Middle School and Big Bear Elementary School, and discussed how future funds would go towards a Family Advisor program. Councilmember Caretto asked which schools would be receiving Family Advisors and if the Advisors would be in coordination with the Student Assistance Program at Big Bear Middle School. Tanya Perry responded. Stephanie Ramos, Big Bear Lake Branch Library: Discussed how the Literacy Program helps adults reach personal and professional goals and gain basic literacy skills, and thanked Council for their support. Elaine Tennity, Hummingbird Project: Thanked Council for their support and discussed how CDBG funds support the Back to Schools Supplies Program which assists low income students within the Big Bear Valley. Councilmember Caretto asked how many students the Program helps each year. Elaine Tennity responded. Cindy Caretto, Soroptimist International of Big Bear Valley: Discussed how CDBG funds assist the camps and programs for children offered by the Beyond the Bell Program and thanked Council for their support. At the hour of 7:17 p.m., hearing no further comments, Mayor Jahn closed the public hearing. Mayor Jahn recognized that all the causes presented at this meeting are worthy, and expressed regret that there isn t more funding available to distribute. Page 31

32 Page 6 City Council Minutes February 27, 2017 Councilmember Putz thanked the representatives for their dedication to the community and noted how important is to help citizens, especially children, in our community. Councilmember Jackowski thanked everyone for attending and commented on how privileged he feels to live in a community which gives back to its citizens; he also inquired about the three applicants that were dropped from staff s recommendation for funding. Staff responded. Councilmember Caretto echoed Council s thanks and noted that, he too, wishes there was more funding available for these organizations. Motion by Councilmember Caretto, seconded by Councilmember Putz, to approve staff s recommendation to the San Bernardino County Economic Development Agency (EDA) to fund the Public Works Department ADA Upgrades at City Hall using the allocation of $25,749. Said motion was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Putz, Caretto, Jackowski, Jahn None None Herrick Motion by Councilmember Putz, seconded by Councilmember Caretto, approving staff s recommendation to fund nine public service programs equally with a grant of $3,880 during the CDBG funding cycle, which will result in no funding for the remaining two non-local public service programs (YMCA of the East Valley and Child Advocates of San Bernardino County). Said motion was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Caretto, Jackowski, Putz, Jahn None None Herrick CITY COUNCIL GENERAL ANNOUNCEMENTS & CITY BUSINESS Board/Committee Reports Mountain Transit Board Meeting on February 15, represented by Councilmember Jackowski and Councilmember Putz. NAY Foundation Board Meeting February 15, represented by Mayor Pro Tem Herrick. Page 32

33 Page 7 City Council Minutes February 27, 2017 Big Bear Fire Authority Meeting February 15, represented by all Councilmembers. San Bernardino County Transportation Authority (SBCTA) Board Meeting on February 17, represented by Mayor Jahn. League of CA Cities Desert-Mountain Division Meeting February 17, represented by Councilmember Putz. Big Bear Area Regional Wastewater Agency (BBARWA) Board Meeting February 22, represented by Mayor Pro Tem Herrick and Councilmember Caretto. ADJOURNMENT There being no further business to come before the Council at this session, Mayor Jahn adjourned the meeting at 7:37 p.m. Kathleen Smith, COO/Acting City Clerk Page 33

34 CITY OF BIG BEAR LAKE CITY COUNCIL SPECIAL WORKSHOP MEETING MINUTES APRIL 3, 2017 A Special Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Bill Jahn at 9:01 a.m., on Monday, April 3, 2017, in the Training Room at the Civic Center, Big Bear Boulevard, Big Bear Lake, California. Flag Salute: Led by Councilmember Caretto Councilmembers Present: Councilmembers Absent: Mayor Bill Jahn Councilmember David Caretto Councilmember Randall Putz Mayor Pro Tem Rick Herrick Councilmember Bob Jackowski Others Present: Jeff Mathieu, City Manager Kathleen Smith, COO/Acting City Clerk Sarah Siep, Senior Administrative Analyst PUBLIC COMMUNICATIONS: None. DISCUSSION/ACTION ITEMS: 1. FISCAL YEAR APPLICATIONS FOR COMMUNITY EVENT GRANTS Council discussion and possible action regarding the Fiscal Year Applications for Community Event Grants. Kathleen Smith, Chief Operations Officer, gave a presentation regarding the applications for 2017 Community Events Grants and staff analysis of applications. Mayor Jahn opened the floor to public comment. Gail McCarthy, Art on the Corner: Addressed Council regarding both of the multiple day art event at the Christmas Tree Lot and the in-kind services being requested. Page 34

35 Page 2 Special Workshop Meeting Minutes April 3, 2017 Councilmember Caretto asked if there is any issue with setup for the multiple July 4 th weekend events taking place. Jeff Mathieu, City Manager, responded. Ron Peavy, Big Bear Cycling Festival: Addressed Council regarding the week long events during the Cycling Festival, and the funding request of $1250 for Tour de Big Bear, as well as the extension of activities for this year s week long event. Mayor Jahn asked for specific details regarding the additional activities will be taking place this year and what they anticipate attendance will be. Ron Peavy responded. Dede Smith Herman, Big Bear MTB Gran Fondo/Grizzly 100: Addressed Council regarding previous attendance and the changes and additions for the event in 2017, including the date change and teaming with Freedom Ride. She reiterated that they are only making an in-kind services request as in past years. Councilmember Putz inquired about the decrease in attendance at last years event. Dede Smith Hermon responded. Liz Harris, Big Bear Outdoor Adventure Festival Days: Addressed Council regarding the background of these eco-events and plans for the upcoming year. Matt Smith, Turkey Trot: Addressed Council regarding the background of the Turkey Trot and it s relationship with Open Air Big Bear and purpose of the event as a fund raiser. Requested the $5000 cash funding that was listed in their application form promotional materials, and stated that City of Big Bear Lake would be listed a a presenting sponsor. Mayor Jahn asked for confirmation from staff regarding whether this event has received funding in the past. Councilmember Putz asked inquired about this events status as a gateway to some of the more serious athletic events that take place in the community. Matt Smith and staff responded. Mike Mossman, Big Bear Triathlon: Addressed Council regarding the Triathlon s growth over the last few years and thanked Council and Public Works for their ongoing support and confirmed the organization s request for in-kind services assistance for this year. Page 35

36 Page 3 Special Workshop Meeting Minutes April 3, 2017 Councilmember Caretto asked if lake levels will be suitable for the swim portion of the race and what the anticipated attendance is. Mayor Pro Tem Jahn asked about the growth percentages of the event. Mike Mossman responded. Wendy Badger, Friday Nights in the Village: Addressed Council with an overview of the event and the application packet for in-kind services assistance. Matt Smith, Big Bear Kodiak 100 Ultra: Addressed Council regarding the event which is now classified as the hardest 100 mile race on the west coast and discussed the in-kind services needed. Henry Moreno, Legend of the Lost Lake Gold Mine Treasure Hunt: Addressed Council regarding this new proposed event, and funding requested. Staff advised Council that a budget has not yet been received from the applicants, nor have they gone through Planning for necessary approval. Councilmember Caretto asked about anticipated attendance for the event. Mayor Jahn asked if participants would be required to enter stores and businesses to play, and if business owners have stated that they are on-board with the event. Councilmember Putz commented that the idea of this proposed event seems very interesting, but it appears that it needs to be more flushed out. Mayor Jahn asked if in-kind services would be needed for the Chili Cook-Off this year, as he did not note any submitted application. Further Council and applicant discussion regarding event and necessary assistance from staff, inquiry regarding why an application was not submitted and necessary review by Planning Commission for approval. Bennett Rossell, South Shore Scramble: Addressed Council on behalf of Southern California Mountains Foundation regarding the proposed new event and basis of multi-modal focus in order to target all levels of participant and increase participation during the Cycling Festival. Councilmember Caretto asked if the event had been approved by Snow Summit, and if approval was needed from the Planning Commission. Bennett Rossell and staff responded. Page 36

37 Page 4 Special Workshop Meeting Minutes April 3, 2017 Further Council and staff discussion regarding separation of this event from Big Bear Cycling Association events and why both should or should not receive funding. Bennett Rossell discussed the difference and separation of this event from Big Bear Cycling Association, and the purpose of offering this event for noncompetitive participants who mountain bike, hike and run. He also commented that this event is a true fundraiser for the Adopt-a-trail program and that 100% of the proceeds will be donated to that program. Tim Breunig, Village Art Walk: Addressed Council regarding the history of this event and the in-kind services requested. Staff and Council discussion regarding funding request for the Xeriscape Garden Tour and that a mistake was made by staff in advising the organizers that $500 was available. As the organization has already received 5 years of $500 in grant funding they are no longer eligible for further funding. Staff reviewed for Council funds awarded FY and requested funds for FY Councilmember Putz inquired about the actual cost of in-kind services that are provided for all events and if that is information staff can provide. Staff responded. Council discussion regarding pulling events they had additional questions on, specifically, Camp Big Bear Arts Festival, Dancing for the Lake, Legend of the Lost Lake Gold Mine Treasure Hunt, Xeriscape Garden Tour and Old Miner s Chili Cook-Off for further discussion. Motion by Councilmember Caretto, seconded by Councilmember Putz, to approve inkind services and funding as requested for the following events: Art on the Corner, Big Bear Cycling Festival, Big Bear MTB Granfondo/Grizzly 100, Big Bear Outdoor Adventure Festivals, Big Bear Turkey Trot, Big Bear Triathlon, Friday Nights in the Village, Kodiak 100 Ultra Marathon, South Shore Scramble and Village Artwalk. Said Motion was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Caretto, Putz, Jahn None None Herrick, Jackowski At the hour of 10:17 a.m. Mayor Jahn called a recess of the meeting. Page 37

38 Page 5 Special Workshop Meeting Minutes April 3, 2017 At the hour of 10:20 a.m. Mayor Jahn reconvened the meeting. Council invited Henry Moreno, as representative for the Old Miner s Chili Cook- Off, to discuss why an application was not submitted for in-kind services and discussed the importance of operative within the scope of the policy, but still recognizing the importance of recurring events such as the Cook-Off. Council further inquired about a committee to plan Old Miner s events, whether a date has been set for the event, the anticipated attendance and participation and Planning Commission approval of the event. Henry Moreno responded. Motion by Councilmember Putz, seconded by Councilmember Caretto, to conditionally approve in-kind services request for the 2017 Old Miner s Chili Cook-Off pending approval by Planning staff and Commission of the event. Said Motion was not approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Putz, Caretto Jahn None Herrick, Jackowski A substitute motion by Mayor Jahn, seconded by Councilmember Caretto, to add to the motion by Councilmember Putz that Council be kept updated by staff throughout the pending approval process. Said Motion was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Putz, Caretto, Jahn None None Herrick, Jackowski Council began discussion regarding the proposed event Legend of the Lost Lake Gold Mine Treasure Hunt. Mayor Jahn commented on his concerns regarding the lack of organization for the proposed event and the need for more time to put together and get merchant and business owner buy-in. Councilmember Putz echoed Mayor Jahn s comments and reiterated that he would like to see a proposal at a later date with more details. Page 38

39 Page 6 Special Workshop Meeting Minutes April 3, 2017 Motion by Councilmember Caretto, seconded by Councilmember Putz, to decline the funding request for the proposed event Legend of the Lost Lake Gold Mine Treasure Hunt. Said Motion was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Caretto, Putz, Jahn None None Herrick, Jackowski Council began discussion regarding the funding request for the 2017 Xeriscape Garden Tour and the importance of being consistent with the policy and awarding funding in accordance with that. Motion by Councilmember Caretto, seconded by Councilmember Putz, to decline the funding request for the 2017 Xeriscape Garden Tour and directed staff to respond with a letter to the event organizers regarding the mistake that was made advising eligibility of funding. Said Motion was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Caretto, Putz, Jahn None None Herrick, Jackowski Council began discussion regarding the proposed new event Camp Big Bear Arts Festival. Jeff Mathieu, City Manager, discussed in attendance at last year s Film Festival. Council and staff discussion regarding specific details of the event and the cost for rental of the Performing Arts Center (PAC). Motion by Councilmember Putz, seconded by Councilmember Caretto, to approve the inkind services requested and waive PAC rental fees but decline funding requested reiterating that they would like more details directly fro the organizers in the future regarding the organization and event. Said Motion was approved by the following vote: AYES: NOES: ABSTAIN: Putz, Caretto, Jahn None None Page 39

40 Page 7 Special Workshop Meeting Minutes April 3, 2017 ABSENT: Herrick, Jackowski Council began discussion regarding the funding request for the Dancing for the Lake event, it s lack of meeting the intention of the Policy and need for additional information regarding off-hill marketing and plan to bring people from outside the Community to the event. Motion by Councilmember Caretto, seconded by Councilmember Putz, to decline the funding request for the Dancing for the Lake event. Said Motion was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Putz, Caretto, Jahn None None Herrick, Jackowski SPARTAN CHAMPIONSHIP SERIES SPONSORSHIP Council consideration, discussion and possible action regarding directing staff regarding a sponsorship amount for the 2018 Spartan Race Championship Series Event. Jeff Mathieu, City Manager, introduced and presented the item. Mayor Jahn asked how this sponsorship would compare to the Amgen Tour of California Sponsorship provided by the City. Councilmember Putz asked where the event is scheduled to be held. Councilmember Caretto commented on the importance of the television exposure for the community, but also that he is hesitant to continue putting in money to events for sponsorship and marketing now that the TBID has been formed. Further Council and staff discussion regarding contributions of City funds to events such as these and how the formation of the TBID should impact what is contributed by the City as well as how event sponsorship may or may not fit in with the Vision, Mission and Goals. Motion by Councilmember Caretto, seconded by Mayor Jahn, to direct staff to draft a letter from the Mayor regarding the decision not to provide sponsorship for the 2018 Spartan Race Championship Series Event. Page 40

41 Page 8 Special Workshop Meeting Minutes April 3, 2017 Said Motion was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: Caretto, Puz, Jahn None None Herrick, Jackowski ADJOURNMENT There being no further business to come before the Council at this session, Mayor Caretto adjourned the meeting at 11:22 a.m. Kathleen Smith, Acting City Clerk Page 41

42 AGENDA REPORT MEETING DATE: April 24, 2017 TO: FROM: REVIEWED BY: PREPARED BY: SUBJECT: Honorable Mayor and Members of the City Council Jeff Mathieu, City Manager Kathleen Smith, Chief Operations Officer/Acting City Clerk Sarah Siep, Senior Administrative Analyst 2018 Tournament of Roses Parade Sponsorship BACKGROUND: 2018 will mark the 129 th Tournament of Roses Parade. This annual parade is a New Years Day viewing tradition for many American families and households worldwide, with over 40 million viewers each year. In addition to those watching at home, in 2017 alone the Tournament of Roses recorded nearly 700,000 people in attendance at the event itself. The 2018 Rose Parade theme is Making a Difference and with that in mind a local organizing committee spearheaded by Gloria Meade and Beth Wheat have put together a group to create a Big Bear themed float for this incredible event. Ms. Meade provided a presentation to Council at their February 27, 2017 Regular Meeting regarding the opportunity along with the significant costs, nearly $300,000, associated with participation for consideration. DISCUSSION: It would be an honor for the Big Bear Community to be represented at such a well-known and keystone event. While we recognize the importance of an opportunity like this, funding on such a large scale for what is ultimately a marketing opportunity for the Community may not truly be in line with the established Vision, Mission and Goals of the City of Big Bear Lake. Additionally, the 2016 formation of the Big Bear Lake Tourism Business Improvement District was supported by Council to serve as a funding source for these types of opportunities. With these details in mind, participation in the 2018 Tournament of Roses Parade would be a unique and important opportunity for the Big Bear Community is supported by the City of Big Bear Lake and providing the $5,500 Application Fee would allow organizers the time and opportunity to raise necessary funding for the float itself. Page 42

43 AGENDA REPORT: 2018 Tournament of Roses Parade Sponsorship April 24, 2017 Page 2 FISCAL IMPACT: There is no fiscal impact to the Fiscal Year budget, $25,000 has already been appropriated to the City Council s Discretionary Economic Development account. RECOMMENDATION: It is recommended that the City Council offer to cover the application fee in the amount of $5,500 to be funded from the City Council Discretionary Economic Development account in support of the Big Bear Community s entry for the 2018 Tournament of Roses Parade. Page 43

44 AGENDA REPORT MEETING DATE: April 24, 2017 TO: FROM: REVIEWED BY: PREPARED BY: SUBJECT: Honorable Mayor and Members of the City Council Jeff Mathieu, City Manager Kathleen Smith, Chief Operations Officer/Acting City Clerk Sarah Siep, Senior Administrative Analyst Reaffirm Agreement with Ralph Anderson & Associates BACKGROUND & DISCUSSION: The Director of Public Works/City Engineer, David Lawrence will be leaving the City of Big Bear Lake after ten years of service on Monday, April 24 th. His departure will create a vacant position that serves an integral role in overseeing essential City services and construction projects. Due to the scope of this position s job duties and the extensive City staff resources that would need to be dedicated to this professional recruitment, we have decided it would be in the City s best interest to contract this search with a professional recruitment firm. We solicited proposals from three of the most well respected public sector recruitment firms that service Southern California. After discussions with all of the firms and a thorough review of their proposals and qualifications, we have decided to contract with Ralph Anderson & Associates. This firm has more than 45 years of experience providing recruitment services for local government clients and is recognized as an industry leader in placing quality candidates. They also have successfully recruited high level positions for other local agencies, so they are familiar with Big Bear s unique mountain environment and the special requirements of a resort community. Ralph Anderson & Associates will use their extensive public sector networking and outreach skills in conjunction with creative marketing/advertising strategies to locate an experienced applicant pool. Upon completion of the search process, they will work closely with staff on reviewing their final list of qualified candidates to determine who will be selected to be formally interviewed by City staff. They will also coordinate and facilitate the final onsite interviews. Additionally, once the interviews are complete and the management team has selected the top two candidates the recruiter will complete thorough background screenings and reference checks. We feel confident that Ralph Anderson & Associates will make a great partnership with City staff and successfully assist us in locating the best candidate to fill the Director of Public Works/City Engineer position. Page 44

45 AGENDA REPORT: REAFFIRM AGREEMENT WITH RALPH ANDERSON & ASSOCIATES April 24, 2017 Page 2 FISCAL IMPACT: We have entered into an Agreement for recruitment services with Ralph Anderson & Associates in an amount not to exceed $25,000. These funds will be paid from the General Fund s unassigned fund balance. RECOMMENDATION: It is recommended that Council take the following actions: 1. Reaffirm the decision to contract with Ralph Anderson & Associates for recruitment services to fill the Director of Public Works/City Engineer position; and, 2. Authorize the appropriation of funds in an amount not to exceed $25,000 from the General Fund s unassigned fund balance. Page 45

46 AGENDA REPORT MEETING DATE: April 24, 2017 TO: FROM: REVIEWED BY: PREPARED BY: SUBJECT: Honorable Mayor and Members of the City Council Jeff Mathieu, City Manager Kathleen Smith, Chief Operations Officer David Lawrence, P.E., Director of Public Works/City Engineer RESOLUTION IN SUPPORT OF THE CALIFORNIA NATURAL RESOURCES AGENCY AND CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM GRANT FOR THE STANFIELD MARSH OUTDOOR RECREATION AND EDUCATION PROJECT BACKGROUND The California Natural Resources Agency in conjunction with California Climate Investments has announced a one-time call for projects for its 2017 Urban Greening Grant Program (Program). The Program has $76 million available from the Greenhouse Gas Reduction Fund (known as Cap and Trade revenues) to fund green infrastructure projects that demonstrate a reduction of greenhouse gas (GHG) emissions through the planting of trees, reduction of commuter vehicle miles traveled through the construction of bicycle paths or lanes, or pedestrian facilities that connect residences, workplaces, commercial centers, and schools. There is no funding minimum or maximum, however, the Program prioritizes project readiness, interagency cooperation, and disadvantaged communities. The application due date is May 1, 2017, and the Program requires a Resolution authorizing the filing of an application. We have identified an eligible project (discussed further in this report) and prepared the required Resolution (Attachment A). DISCUSSION: Eligible Project The Stanfield Marsh Outdoor Recreation and Education (SMORE) Project is designed to protect environmental resources along the southern edge of Stanfield Marsh, while enhancing the function and utilization by pedestrians, bicyclists, and the community at large. The Project includes an extension of the existing wooden trail system with a non-motorized Class I bicycle and pedestrian 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 Page 46

47 AGENDA REPORT: RESOLUTION IN SUPPORT OF CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM GRANT FUNDS FOR THE STANFIELD MARSH OUTDOOR RECREATION AND EDUCATION PROJECT April 24, 2017 Page 2 at a signalized intersection at Stanfield Cutoff to an existing boardwalk at the west end of the project and a designated bike route at Division Drive on the east end of the project. Our main goal is to provide a safe route of travel off the busy main highway, which will lead to increased biking and walking. The trail will reduce vehicular miles travelled and be constructed of asphalt to make it compliant with the Americans with Disabilities Act. Figure 1: Stanfield Marsh Outdoor Recreation and Education Project Overview FISCAL IMPACT: The preliminary estimate for this project is approx. $900,000. Although there is no funding match required for the Urban Greening Grant Program application, we request that the City Council authorize 10% matching funds ($90,000) from Measure Y to make the Project application more competitive. RECOMMENDATION: It is recommended that Council take the following actions: 1. Authorize an appropriation of $90,000 from Measure Y as matching funds for the Urban Greening Grant Program application, and 2. Approve and adopt Resolution 2017-XX in support of applying for the California Natural Resources Agency and California Climate Investments Urban Greening Program Grant funds for the Stanfield Marsh Outdoor Recreation and Education Project. Attachments: 1. Resolution 2017-XX Page 47

48 RESOLUTION NO XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application(s) by the Applicants governing board before submission of said application(s) to the State; and WHEREAS, the City of Big Bear Lake, if selected, will enter into an agreement with the State of California to carry out the Project WHEREAS, the City of Big Bear Lake desires to pursue the project through cooperation with local partner agencies, including the Southern California Mountains Foundation. NOW, THEREFORE, BE IT RESOLVED that the City of Big Bear Lake authorizes the submittal of an application for the 2017 Urban Greening Program for the SMORE Project, the authorization of which includes the following actions: 1. Approves the filing of an application for the Stanfield Marsh Outdoor Recreation and Education Project; 2. Certifies that applicant understands the assurances and certification in the application, and 3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so, and 4. Certifies that it will comply with the provisions of Section of the State Labor Code, and 5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained, and Page 48

49 6. Certifies that applicant will work towards the Governor s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section , and 7. Appoints the Director of Public Works/City Engineer, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). PASSED, APPROVED AND ADOPTED this day of April AYES: NOES: ABSTAIN: ABSENT: W.E. Jahn, Mayor ATTEST: Kathleen Smith, Acting City Clerk Page 49

50 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE ) I, Kathleen Smith, Acting 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 XX as duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the day of April 2017, and that the same was so passed and adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen Smith, Acting City Clerk Page 50

51 AGENDA REPORT MEETING DATE: April 24, 2017 TO: FROM: REVIEWED BY: PREPARED BY: SUBJECT: Honorable Mayor and Members of the City Council Jeff Mathieu, City Manager Kathleen Smith, Chief Operations Officer David Lawrence, P.E., Director of Public Works/City Engineer AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION OF THE CIVIC CENTER SIDEWALK ADA IMPROVEMENT PROJECT BACKGROUND: The exterior sidewalks and stairs of the Civic Center have been deteriorating for several years and are not compliant with Americans with Disabilities Act (ADA) standards. In July 2015, the Civic Center ADA Compliance Project was added to the Capital Improvement Program, and in December of that year the City of Big Bear Lake applied for a Community Development Block Grant (CDBG) to demolish and replace existing sidewalks and stairs with new sidewalks, stairs and signage that is compliant with ADA standards. In December 2016, in anticipation of the US Department of Housing and Urban Development issuance of their Authority to Use Grant Funds, the City updated the Americans with Disabilities Transition Plan which identified the specific required improvements. Funds in the amount of $137,297 were released by the US Department of Housing and Urban Development for the Project on December 4, At the February 27, 2017 Regular Meeting, Big Bear Lake City Council recommended using the City s CDBG allocation for Fiscal Year in the amount of $25,749 toward this Project. On March 27, 2017 the San Bernardino County Department of Community Development and Housing (CDH) issued their Approval to Proceed with Advertising for projects utilizing this funding. Page 51

52 AGENDA REPORT: AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION OF THE CIVIC CENTER SIDEWALK ADA IMPROVEMENT PROJECT April 24, 2017 Page 2 DISCUSSION: In addition to updating Civic Center walk areas for ADA compliance and repairing deteriorated sections of concrete, the Project will replace heating systems which are no longer operational with the installation of radiant heating in high traffic areas to melt snow and ice. The radiant heated walk areas will help reduce the risk of slip and fall injuries during winter and allow for more resources to be deployed to throughout the City to clear snow and ice from other facilities. The engineer s estimate for this project is $475,000. ENVIRONMENTAL: The Project is categorically exempt from environmental review pursuant to Section Class 1(c) of the California Environmental Quality Act (CEQA). Class 1(c) exemptions include the replacement of existing facilities such as sidewalks where the facilities will be located on the same site and have substantially the same purpose and capacity as the facility replaced. FISCAL IMPACT There is no fiscal impact for seeking bids from qualified contractors at this time. After bids are received, the Project will be brought back to Council for award contract and appropriation of funding sources. RECOMMENDATIONS It is recommended that Council take the following actions: 1. Find the Project categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section Class 1(c); and 2. Authorize staff to advertise, receive, and evaluate bids for construction of the Civic Center Sidewalk ADA Improvement Project. Attachments: Notice of Exemption Page 52

53 NOTICE OF EXEMPTION TO: Clerk of the Board of Supervisors FROM: Engineering Division County of San Bernardino City of Big Bear Lake 385 N. Arrowhead Avenue, 2nd Floor P. O. Box San Bernardino, CA Big Bear Lake, CA Project Title: Civic Center Sidewalk ADA Improvement Project Project Location - Specific: Big Bear Blvd Big Bear Lake, San Bernardino County, California Description of Project: Demolition of existing sidewalk and stairs and construction of ADA compliant sidewalk and stairs 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, Engineering Division Exempt Status: (State type and section number) XX Categorical Exemption. Section: Class 1(c) Reasons why project is exempt: Class 1(c) exemptions include the replacement of existing facilities such as sidewalks where the facilities will be located on the same site and have substantially the same purpose and capacity as the facility replaced.. Lead Agency or Contact Person: Area Code/Telephone/Extension David Lawrence, P.E. Director of Public Works/City Engineer (909) Ext 198 Date: April 24, 2017 Signature: Page 53

54 AGENDA REPORT MEETING DATE: April 24, 2017 TO: FROM: REVIEWED BY: PREPARED BY: SUBJECT: Honorable Mayor and Members of the City Council Jeff Mathieu, City Manager Kathleen Smith, Chief Operations Officer David Lawrence, P.E., Director of Public Works/City Engineer DIVISION DRIVE REHABILITATION - COUNTY AND CITY JOINT PROJECT BACKGROUND The County of San Bernardino is planning to rehabilitate Division Drive from State Highway 38 to Sugarpine Road and Sugarpine Road from 0.04 miles west of Division Drive to 0.16 miles east of Division Drive. Sugarpine Road is outside the City limits, however, Division Drive is a shared roadway with the City of Big Bear Lake. In anticipation of this project, the City Council authorized an appropriation of $175,000 as a budget placeholder during the Fiscal Year mid-year budget review. As the planned scope of work started to become clearer, the budget was increased to $278,770 in Fiscal Year for our estimated cost share. The County has since surveyed and engineered the project and prepared detailed plans. The total project cost is estimated at $1,123,932 of which $413,264 would be the City s share. We have verified these numbers and concur with the County s determination of the City s share of work, and recommend that the City Council approve the cost share contract with the County of San Bernardino for the rehabilitation of Division Drive. In addition, we recommend that the City Council authorize an additional appropriation of $134,494 from Street Improvement Reserves. FISCAL IMPACT The Fiscal Year operating budget includes a budget of $278,770 for this project. A budget of $413,264 will be required. It is recommended, that the balance of the funding be appropriated from Street Improvement Reserves in the amount of $134,494. Page 54

55 AGENDA REPORT: DIVISION DRIVE REHABILITATION - COUNTY AND CITY JOINT PROJECT April 24, 2017 Page 2 RECOMMENDATION It is recommended that Council take the following actions: 1. Authorize and allocate additional funding in the amount of $134,494 from Street Improvement Reserves bringing the total City share of the project budget to $413,264; and 2. Authorize the City Manager, and/or his designee, to execute the cost share agreement with the County of San Bernardino. Page 55

56 FOR COUNTY USE ONLY New Change Cancel FAS Vendor Code CITYOFB975 epro Vendor Number SC Dept. A TRA Contract Number epro Contract Number F A S STANDARD CONTRACT County Department Dept. Orgn. Contractor s License No. Public Works - Transportation TRA TRA County Department Contract Representative Telephone Total Contract Amount Sri Srirajan, P.E., Chief, Transportation Planning Division (909) $413,264 Contract Type Revenue Encumbered Unencumbered Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount SAA TRA TRA H14773 $ 413,264 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount $ Project Name Division Dr. & Sugarpine Rd. Pavement Rehabilitation Estimated Payment Total by Fiscal Year FY Amount I/D FY Amount I/D THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of Big Bear Lake Address PO Box hereinafter called CITY Big Bear Lake, CA Telephone (714) Federal ID No. or Social Security No. IT IS HEREBY AGREED AS FOLLOWS: WHEREAS, COUNTY and CITY (COUNTY and CITY are also each referred to herein as Party and collectively referred to herein as Parties ) desire to cooperate and jointly participate in a pavement rehabilitation project located on Division Drive, between Sugarpine Road and State Highway 38, and on Sugarpine Road, between 0.04 mile west of Division Drive and 0.12 mile east of Division Drive, in the Big Bear Lake area (hereinafter referred to as PROJECT ); and WHEREAS, a portion of Division Drive is located inside the jurisdiction of the CITY; and WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction or repair of CITY streets and roads, if the legislative body of CITY Auditor-Controller/Treasurer/Tax Collector Use Only Contract Database FAS Input Date Keyed By Page 1 of 9 Page 56

57 determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and WHEREAS, the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and WHEREAS, it is anticipated that COUNTY s share of PROJECT costs will be from COUNTY General fund and CITY s share of PROJECT costs will be financed through its local funds; and WHEREAS, the total PROJECT cost is estimated to be $1,123,932; and WHEREAS, COUNTY s share of PROJECT cost is estimated to be $710,668 and the CITY s share of PROJECT cost is estimated at $413,264, as more particularly set forth in Exhibit A, which is attached hereto and incorporated herein by this reference; and WHEREAS, the above-described costs are proportioned based on the work to be performed in each Party s jurisdiction; and WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 COUNTY AGREES TO: 1.1 Act as the Lead Agency in the design, California Environmental Quality Act (CEQA) compliance (Public Resources Code section et seq.) and construction of the PROJECT. Right-of-way activities are not anticipated for the PROJECT and therefore are not included in this Agreement. 1.2 Provide plans and specifications for the PROJECT for CITY s review and approval. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY. 1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the entire PROJECT limits, subject to Paragraph 3.8 below. 1.5 Obtain a no-cost permit from the CITY for work performed within the CITY s right-of-way. 1.6 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code applicable to the COUNTY, and initially fund the PROJECT construction costs with CITY reimbursing COUNTY for its share of cost upon PROJECT completion. 1.7 Require its contractor to maintain and to comply throughout the term of any contract awarded by COUNTY with the insurance requirements described in County Policy Numbers and 11-07SP. 1.8 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUNTY s receipt of written demand from CITY for such records. This shall be included as a PROJECT cost nnotify the CITY of the bid amounts after the opening of the bids for the construction contract and prior to the award of the construction contract Upon PROJECT completion, calculate actual COUNTY/CITY PROJECT share percentages based on the final contract work and cost, which shall include any changes made within the COUNTY and/or CITY as provided in this Agreement Based on the COUNTY percentage calculated pursuant to Paragraph 1.10 bear its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT design, utility relocation work, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead costs. COUNTY s share of PROJECT costs is estimated to be $710,668 and shall not Revised 01/10/17 Page 2 of 9 Page 57

58 exceed $888,335 (25% increase over the COUNTY s PROJECT cost estimate) absent a written amendment to this Agreement pursuant to Paragraph Upon PROJECT completion and the capture of all PROJECT expenses, submit to the CITY an itemized accounting of actual PROJECT costs incurred by the COUNTY and an invoice for the CITY s share of the actual PROJECT costs, as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures and a copy of the overall CITY/COUNTY percentage share calculation spreadsheet. 2.0 CITY AGREES TO: 2.1 Review and approve the plans and specifications of the PROJECT. 2.2 Provide a no-cost permit to the COUNTY for its work in the CITY s right-of-way Notify the COUNTY in writing within thirty (30) days of PROJECT s construction contract bid opening date of CITY s intent to proceed with the PROJECT if conditions described in Paragraph 3.11 apply. 2.4 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to Paragraph 1.12 above, pay to the COUNTY its share of the actual PROJECT costs based on the CITY percentage calculated pursuant to Paragraph The PROJECT costs shall include the cost of PROJECT design, utility relocation work, construction, construction engineering, inspection, CEQA compliance, and COUNTY overhead costs. CITY s share of PROJECT costs is currently estimated to be $413,264 and shall not exceed $516,580 (25% increase over the PROJECT cost estimate)this amount absent a written amendmentnotification from the CITY pursuant to Paragraphs 2.3 and 3.10 to this Agreement pursuant to Paragraph CITY shall also be responsible for its the sum of $413,264, plus its jurisdictional share of any PROJECT cost changes, pursuant to Paragraph 1.10 above, within thirty (30) days after receipt of an itemized invoice as set forth in Paragraph 1.12 of this Agreement. CITY s share of PROJECT costs is currently estimated to be $413,264. CITY shall be responsible for its share of actual PROJECT costs, even if the costs exceed this estimate Provide a representative who shall have the authority to discuss and attempt to resolve issues concerning the PROJECT with the COUNTY. 3.0 IT IS MUTUALLY AGREED: 3.1 COUNTY agrees to indemnify and hold harmless the CITY and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from COUNTY s negligent acts or omissions which arise from COUNTY s performance of its obligations under this Agreement. 3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of its obligations under this Agreement. 3.3 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault. 3.4 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to Paragraphs 3.1, 3.2 and COUNTY and CITY are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker s Compensation, and warrant that through their respective programs of self-insurance they have adequate coverage or resources to protect against liabilities arising out of COUNTY and CITY s performance of the terms, conditions or obligations of this Agreement. 3.6 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by an increase in engineering cost, higher bid prices, change orders, or arising from unforeseen site conditions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in Paragraph 3.7 below)) over the estimated total of the Revised 01/10/17 Page 3 of 9 Page 58

59 PROJECT s cost of $1,123,932 (which is the sum of $710,668 from COUNTY and $413,264 from CITY) shall be borne by each PARTY based upon where the work is required (i.e. whether the work is required in the COUNTY s or CITY s jurisdiction). Pursuant to Paragraph 2.4, CITY shall be responsible for actual PROJECT costs that exceed its total estimated share of PROJECT costs shown in Exhibit A. Pursuant to Paragraph 1.11, COUNTY will not be responsible for costs that exceed its respective total estimated share of PROJECT cost shown in Exhibit A absent approval of an amendment to this Agreement pursuant to Paragraph If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties will be paid solely by the agency requesting the work. 3.8 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party s cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located within their respective boundaries. 3.9 As design progresses, if it is found by COUNTY s Director of Public Works, or the Director s designee, that a cost overrun of 25% or more of the estimated total of the PROJECT costs will occur, COUNTY shall provide CITY notice of this fact and COUNTY and CITY shall endeavor to agree upon an alternative course of action, including amending the amounts and Exhibit A with revised cost estimates. If, after thirty (30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing between the COUNTY and CITY, this Agreement shall be deemed to be terminated by mutual consent COUNTY shall notify CITY of the bids received and the amounts thereof. In the event that either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Party at a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor or potential contractor If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is 25% or less over the construction cost shown in Exhibit A, COUNTY may award the contract If, upon opening of bids, it is found that the responsive and responsible low bid amount would result in the PROJECT costs is over 25% more thanexceedings the construction CITY s total estimated share of PROJECT cost shown in Exhibit A, COUNTY shall not award the construction contract unless CITY notifies the COUNTY in writing within thirty (30) days of PROJECT s construction contract bid opening date of CITY s intent to proceed with the PROJECT: 1) COUNTY receives written permission from the CITY s City Engineer or designee, to proceed with the award; and 2) COUNTY s Board of Supervisors approves the award of the construction contract.. COUNTY shall not award a construction contract for the PROJECT if the COUNTY s share of PROJECT costs will exceed $888,335 (25% increase over the COUNTY s PROJECT cost estimate) absent a written amendment to this Agreement. If the above- described conditions are not met, COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent If, upon opening of bids, it is found that the responsive and responsible low bid amount is over 25% more than the construction cost shown in Exhibit A, COUNTY shall not award the contract unless: 1) COUNTY has received written permission from the CITY s City Engineer or designee to proceed with the award, pursuant to Paragraph 3.10 above; and 2) COUNTY s Board of Supervisors approves the award of the construction contract. If the above described condition is not met, COUNTY and CITY shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent In the event that change orders are required during the course of the PROJECT, said change orders must be in form and substance as set forth in Exhibit B, which is attached hereto and incorporated herein by this reference, and approved by both COUNTY and CITY. Contract Change Commented [RS1]: City is now responsible for costs that exceed its estimated share. Commented [KM2]: Absent a letter from the city Revised 01/10/17 Page 4 of 9 Page 59

60 Order forms will be delivered by fax and must be returned within two (2) COUNTY work days. The CITY shall not unreasonably withhold approval of change orders. If a CITY disapproved or modified change order is later found to be a cost of the PROJECT, then the CITY shall be responsible for any costs, awards, judgments or settlements associated with the disapproved or modified change order This Agreement may be cancelled upon thirty (30) days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation as provided herein, including termination pursuant to Paragraphs 3.9 and 3.10 above, all PROJECT expenses incurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion as their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during and after CEQA review/approval Except as provided in Paragraph , and except for the Parties operation, maintenance and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the CITY for its share of the PROJECT costs This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California Time is of the essence for each and every provision of this Agreement Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Unless otherwise provided, any term referencing time, days or period for performance shall be deemed calendar days. Any captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated This Agreement may be signed in counterparts, each of which shall constitute an original This Agreement will be effective on the date signed and approved by both Parties and shall conclude upon satisfaction of the terms identified in Paragraph or January 30, 2020 (whichever occurs first) The Recitals are incorporated into the body of this Agreement. Revised 01/10/17 Page 5 of 9 Page 60

61 THIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of both Parties COUNTY OF SAN BERNARDINO CITY OF BIG BEAR LAKE (Print or type name of corporation, company, contractor, etc.) Robert A. Lovingood, Chairman, Board of Supervisors Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Laura H. Welch Clerk of the Board of Supervisors of the County of San Bernardino By Name Title Dated: (Authorized signature - sign in blue ink) (Print or type name of person signing contract) (Print or Type) By Deputy Address Approved as to Legal Form Reviewed by Contract Compliance Presented to BOS for Signature Scott M. Runyan, Deputy County Counsel Grant C. Mann, P.E., Chief Gerry Newcombe, Department Head Date Date Date Revised 01/10/17 Page 6 of 9 Page 61

62 EXHIBIT A ESTIMATE OF PROJECT CONSTRUCTION COSTS FOR COUNTY OF SAN BERNARDINO/CITY OF BIG BEAR LAKE PAVEMENT REHABILITATION IN THE BIG BEAR LAKE AREA DIVISION DRIVE BETWEEN SUGARPINE ROAD AND STATE HIGHWAY 38 DESCRIPTION AMOUNT COUNTY OF SAN BERNARDINO SHARE CITY OF BIG BEAR LAKE SHARE Construction $808,932 $511,492 $297,440 All Other Costs Such As Preliminary Engineering, Design, Environmental $315,000 $199,176 $115,824 Clearance, Construction Engineering, etc TOTAL $1,123,932 $710,668 $413,264 Revised 01/10/17 Page 7 of 9 Page 62

63 EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: DIVISION DRIVE (FROM SUGARPINE ROAD TO STATE HIGHWAY 38) COUNTY OF SAN BERNARDINO CONTRACT # File: H14773 Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of BIG BEAR LAKE and County of San Bernardino for the above project and the following shall apply: DATE OF CITY OF BIG BEAR LAKE ACTION: / / APPROVED for Implementation with 100% Participation by CITY OF BIG BEAR LAKE APPROVED Subject to Comments/Revisions Accompanying This Document APPROVED With Limited Funding Participation by CITY OF BIG BEAR LAKE % of Actual Cost to be Funded by CITY OF BIG BEAR LAKE CITY OF BIG BEAR LAKE Participation Not to Exceed $ DISAPPROVED -Not Acceptable to CITY OF BIG BEAR LAKE Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribed in the existing CITY OF BIG BEAR LAKE and COUNTY agreement without a separate amendment to said agreement. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts. Comments, as follows and/or attached, are conditions of the above action? YES NO Revised 01/10/17 Page 8 of 9 Page 63

64 SIGNED: TITLE: Distribution: Signed Original Returned to Resident Engineer (FAX # ) Signed Original for CITY OF BIG BEAR LAKE File Revised 01/10/17 Page 9 of 9 Page 64

65 AGENDA REPORT MEETING DATE: April 24, 2017 TO: FROM: REVIEWED BY: PREPARED BY: SUBJECT: Honorable Mayor and Members of the City Council Jeff Mathieu, City Manager Kathleen Smith, Chief Operations Officer David Lawrence, P.E., Director of Public Works/City Engineer SANDALWOOD DRIVE MILL AND OVERLAY BACKGROUND & DISCUSSION: The winter season has had a severely negative impact on many of our City streets, chief among these is Sandalwood Drive. This road is considered a major traffic way and is used as a bypass route to get across the City. Due to the extreme deterioration of the road safety hazards exist, and our Engineering staff is concerned that it will continue to unravel and eventually require total replacement at an estimated cost of $700,000. In order to prevent this, our recommendation is that the street be milled down 2 inches and then overlaid with new asphalt concrete pavement. We would like to solicit a contractor to perform the milling and perform the paving work in conjunction with City staff. The estimated cost for milling Sandalwood Drive and purchasing asphalt is approximately $115,000. FISCAL IMPACT: We estimate the cost of this project to be approximately $115,000. It is recommended that a budget of $115,000 be established from Street Improvement Reserves. RECOMMENDATION: It is recommended that Council take the following actions: 1. Appropriate $115,000 for this Project from Street Improvement Reserves; and, 2. Authorize staff to solicit bids to mill Sandalwood Drive; and, 3. Authorize the City Manager, and/or his designee, to award a contract for milling on Sandalwood Drive. Page 65

66 AGENDA REPORT Service, Quality, Community DATE: April 24, 2017 TO: Honorable Mayor and City Council Members FROM: Reginald A. Lamson, DWP General Manager RE: MWD, CSD, and DWP forming a JPA to create a Ground Water Sustainability Agency for the Bear Valley Basin (BVBGSA) Background: The Sustainable Groundwater Management Act (SGMA) became effective on January 1, The purpose of SGMA is to ensure that California s groundwater resources are managed sustainably. Under SGMA, one or more Groundwater Sustainability Agencies (GSAs) must be formed for each high priority and medium priority groundwater basin by June 30, 2017, or the State Water Resources Control Board can seek to intervene and potentially assume management of the basin. The Bear Valley Groundwater Basin, which underlies the DWP s service area, is deemed a medium priority basin and therefore must be managed under SGMA. SGMA provides that a combination of local agencies that overlie the same basin may join together to manage a groundwater basin using a joint powers authority structure. The City of Big Bear Lake, Department of Water and Power (DWP), Big Bear City Community Services District (CSD), and Big Bear Municipal Water District (MWD) have determined it is in the best interest of these entities and their constituents to enter into a Joint Powers Agreement (the Agreement) to create a Joint Powers Authority (the JPA) to manage groundwater in the Bear Valley Basin. Under the Agreement, the JPA would file documentation with the Department of Water Resources (DWR) to become the exclusive GSA for the entire Bear Valley Groundwater Basin to sustainably manage groundwater pursuant to SGMA. Forming the GSA through the JPA structure will enable the three entities to exercise the powers common to them and to work cooperatively and efficiently to implement SGMA s many requirements in the Basin. The Agreement forming the JPA includes a provision stating that the JPA must hold harmless, defend and indemnify the member agencies to the JPA, the JPA Board, and the member agencies directors, agents, officers and employees from and against all types of liabilities, claims, damages or losses of any kind. The draft Joint Powers Agreement is attached to the resolution accompanying this report. To execute the Agreement, the governing bodies of each of the three entities including the DWP Board of Commissioners must take formal action to enter into the Agreement and become members of the JPA. The City Council must provide authorization the DWP Board of Page 66

67 JPA for BVBGSA April 24, 2017 Page 2 of 2 Commissioners to enter into the Agreement forming the JPA that will ultimately become the Bear Valley Basin GSA. Under SGMA, the JPA will hold a public hearing before formally deciding whether to become the GSA for the Basin. If the resolutions and authorizations to move forward are approved, staff working under the Agreement will then timely prepare all of the necessary documentation to submit to DWR to seek formal recognition of the JPA s status as the exclusive GSA for Bear Valley Groundwater Basin. The decision to become the GSA will take effect 90 days after DWR posts the notice of election on its website, provided no other qualifying local agency creates an overlap situation by filing a competing notice over any of the same Basin area before June 30, Once formed, the BVBGSA will function as a separate legal entity to undertake SGMA activities within the Basin, including development and implementation of a Groundwater Sustainability Plan that meets SGMA requirements. No general funds from the City will be used to support the GSA. DWP enterprise and other DWP funds, as well as funding from the other two member agencies, and potentially grant funding would be used to pay for GSA activities. Financial Impact: Approximately $15,000 for BB&K to prepare the documents to establish the BVBGSA. Recommendation: Review the attached JPA agreement to form the BVBGSA and authorize the DWP Board of Commissioners to form a JPA with MWD, CSD, and DWP. Attachments: A. Agreement B. Agency Boundary Maps C. Resolution No XX Page 67

68 Attachment A Page 68

69 JOINT POWERS AGREEMENT by and among CITY OF BIG BEAR LAKE DEPARTMENT OF WATER AND POWER BIG BEAR CITY COMMUNITY SERVICES DISTRICT and BIG BEAR MUNICIPAL WATER DISTRICT for the formation of a joint powers authority and management of the BEAR VALLEY GROUNDWATER BASIN Page 69

70 TABLE OF CONTENTS Page 1. RECITALS DEFINITIONS CERTIFICATION CREATION OF SEPARATE AGENCY PURPOSES AND MEMBER RESPONSIBILITIES POWERS OBLIGATIONS OR LIABILITIES OF AUTHORITY DESIGNATION OF ADMINISTERING MEMBER/ADMINISTRATOR ORGANIZATION: FISCAL AGENT, DEPOSITORY AND ACCOUNTING ACCOUNTABILITY, REPORTS AND AUDITS OPERATING BUDGET AND EXPENDITURES OPERATING FUND ASSESSMENTS FOR EXTRAORDINARY COSTS STAFFING DISPUTE RESOLUTION WITHDRAWAL TERM AND TERMINATION INDEMNIFICATION/CONTRIBUTION INSURANCE CLAIMS ENTIRE AGREEMENT REPRESENTED HEADINGS NOTICES CONSTRUCTION NO THIRD PARTY BENEFICIARIES INTENDED WAIVERS CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY FURTHER ASSURANCES AND OBLIGATION OF GOOD FAITH DEALING i- Page 70

71 TABLE OF CONTENTS (continued) Page 30. COUNTERPARTS AMENDMENT ii- Page 71

72 JOINT POWERS AGREEMENT BY AND AMONG THE CITY OF BIG BEAR LAKE DEPARTMENT OF WATER AND POWER, BIG BEAR CITY COMMUNITY SERVICES DISTRICT, AND BIG BEAR MUNICIPAL WATER DISTRICT FOR THE FORMATION OF A JOINT POWERS AUTHORITY AND MANAGEMENT OF THE BEAR VALLEY GROUNDWATER BASIN THIS JOINT POWERS AGREEMENT ( Agreement ) is entered into as of April, 2017 by and between the CITY OF BIG BEAR LAKE, DEPARTMENT OF WATER AND POWER ( DWP ), a department of the City of Big Bear Lake formed pursuant to its Charter, BIG BEAR MUNICIPAL WATER DISTRICT ( BBMWD ), a Municipal Water District organized under Water Code et seq., and the BIG BEAR CITY COMMUNITY SERVICES DISTRICT ( BBCCSD ), a Community Services District organized under Government Code et seq., hereinafter collectively referred to as Members, with reference to the following: A. WHEREAS, in September 2014, the Governor signed three bills (SB 1168, SB 1319, and AB 1739) into law creating the Sustainable Groundwater Management Act of 2014 ( SGMA ); and B. WHEREAS, SGMA generally requires the formation of one or more Groundwater Sustainability Agencies ( GSA or GSAs ) responsible for implementing sustainable groundwater management and preventing undesirable results in groundwater basins designated as a medium or high priority basin by the California Department of Water Resources ( DWR ) in its Bulletin 118 inventory of California groundwater basins; and C. WHEREAS, DWR has designated the Bear Valley Groundwater Basin (the Basin ), as a medium priority groundwater basin under Bulletin 118; and D. WHEREAS, each of the Members overlies a portion of the Basin and exercises water management, water supply or land use authority within a portion of the Basin; and E. WHEREAS, the Members are local agencies that can exercise powers related to groundwater management within their jurisdictional boundaries and qualify individually to serve as a GSA within portions of the Basin per Water Code Section 10723; and F. WHEREAS, under SGMA, a combination of local agencies may elect to form a joint powers authority ( JPA ) to serve as the GSA for all or portions of the Basin through a joint powers agreement; and G. WHEREAS, the Members intend by this Agreement to create a JPA to implement SGMA in the entire Basin, and are authorized to enter into this Agreement pursuant to the Joint Exercise of Powers Act, Government Code 6500 et seq., for the purpose of acting as a separate public agency that can carry out all obligations, and exercise all powers, of a GSA in all areas of the Basin; and H. WHEREAS, under SGMA, a GSA, including a JPA composed of one or more SGMA-eligible local agencies, must file a notice of intent with DWR by June 30, 2017 indicating -1- Page 72

73 the GSA s intent to undertake sustainable groundwater management within all or portions of a groundwater basin; and I. WHEREAS, the governing boards of each of the three Members have formally agreed to: (1) enter into this Agreement; (2) form a JPA that can jointly exercise the powers common to the Members and fulfill all legal obligations imposed by SGMA; and (3) authorize the JPA to promptly file all necessary documentation with DWR so as to permit the JPA to become the exclusive GSA for the entire Basin; and J. WHEREAS, the Members further intend by this Agreement to provide for the commitments reasonably anticipated to be necessary for the above purposes and for the purpose of ensuring that the Basin is sustainably managed in accordance with the timelines established by SGMA. ACCORDINGLY, IT IS AGREED BY ALL MEMBERS: 1. RECITALS. The foregoing recitals are incorporated as terms of this Agreement. 2. DEFINITIONS. Unless otherwise required by the context, the following terms shall have the following meanings: a. Administering Member shall mean the Member designated by the Agency Board to provide administration, operation and staffing of the Agency so as to ensure the Agency complies with this Agreement and all legal requirements. The Board is not required to designate an Administering Member, and a Member so designated is not required to accept the designation. b. Administrator shall mean the individual selected to act as the chief executive of the Agency, and the person responsible for its day to day operations. The Administrator may, but it is not required to be, an employee of one of the Members. c. Agency and JPA as used herein shall, unless otherwise noted, mean the Bear Valley Basin Groundwater Sustainability Agency, the separate public agency created by this Agreement and Government Code Sections 6507 and 6508, and the entity charged by this Agreement with becoming the exclusive GSA for the Basin. d. Board or Board of Directors, shall, unless otherwise indicated, mean the Board of Directors of the Agency. e. DWR shall mean the California Department of Water Resources. f. Effective Date shall mean the date on which at least two Members have signed this Agreement. g. Groundwater Sustainability Agency or GSA shall mean a groundwater sustainability agency as defined in SGMA, Water Code Page 73

74 h. Groundwater Sustainability Plan, Plan, or GSP shall have the same meaning as provided in SGMA, Water Code i. Member shall mean any of the individual signatories to this Agreement, and Members shall collectively mean two or more of the signatories to this Agreement. j. SGMA shall mean the Sustainable Groundwater Management Act of 2014, as amended, and any regulations of DWR or the State Water Resources Control Board that implement SGMA. k. Basin shall mean the Bear Valley Groundwater Basin, Basin No , as identified in Bulletin 118 by DWR. 3. CERTIFICATION. Each Member, as a signatory to this Agreement, certifies and declares that it is a public agency, as defined by Government Code 6500, that is authorized to enter into a joint powers agreement to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code or any power otherwise granted to one or more of the Members by SGMA. 4. CREATION OF SEPARATE AGENCY. There is hereby created, per Government Code 6507 and 6508, an agency separate from the parties to the Agreement, and which is responsible for the administration of this Agreement, to be known as the BEAR VALLEY BASIN GROUNDWATER SUSTAINABILITY AGENCY. Within thirty (30) days of the Effective Date of this Agreement, the Members, and/or the Agency shall. (a) cause a notice of this Agreement to be prepared and filed with the office of the California Secretary of State as required by Government Code ; (b) file a copy of this Agreement with the State Controller per Government Code ; and (c) file a copy of this Agreement with the Local Agency Formation Commission ( LAFCO ) for San Bernardino County per Government Code PURPOSES AND MEMBER RESPONSIBILITIES. The Agency is formed with the purpose and intent of jointly creating a separate legal entity to fulfill the role and legal obligations of a GSA required by SGMA, to include complying with SGMA and ensuring sustainable groundwater management throughout the Basin, so that the Members may collaboratively and cost effectively develop, adopt, and implement a GSP for the Basin in accordance with pertinent regulatory timelines. The geographic boundaries of the GSA that will be formed by the Agency, which will encompass the entire Basin, are as depicted in the map attached hereto as Exhibit A, which is incorporated herein by reference. The Agency may also represent the Members, as appropriate, in discussions and transactions with other local agencies, to include (but not limited to) the development of inter-basin coordination agreements with other GSAs in San Bernardino County, and agreements with other local agencies or groundwater sustainability agencies as may be required to ensure compliance with SGMA for the Basin. 6. POWERS. The Members intend that the Agency provide for the joint exercise of powers common to the Members as such powers relate to the management of the Basin, and for the exercise of such additional powers as are conferred by law in order to meet the requirements of SGMA. The Members are each SGMA-eligible local agencies empowered by the laws of the -3- Page 74

75 State of California to exercise the powers specified in this Agreement, and such other powers as are granted to GSAs by SGMA. These common powers shall be exercised for the benefit of any one or more of the Members or otherwise in the manner set forth in this Agreement. Subject to the limitations set forth in this Agreement, the Agency shall have the powers to perform all acts necessary to accomplish its purposes as stated in this Agreement, as authorized by law, including but not limited to the following. to enforce the requirements of SGMA within the Basin to the extent authorized by law including, but not limited to, the imposition and collection of civil penalties as authorized by SGMA, to impose fees authorized by SGMA (Water Code ), to adopt rules, regulations, policies and procedures for governing the operation of the GSA and adoption and implementation of the GSP consistent with the powers and purposes of the Agency and as authorized by SGMA, and all other powers necessary to carry out the purposes of the Act.Any power necessary or incidental to the foregoing powers shall be exercised by the Agency in the manner provided for under the legal authority applicable to BBCCSD, except as otherwise provided by law or in this Agreement. 7. OBLIGATIONS OR LIABILITIES OF AUTHORITY. No debt, liability or obligation of the Agency shall constitute a debt, liability or obligation of any of the Members, except as otherwise provided in this Agreement or unless otherwise required by law. 8. DESIGNATION OF ADMINISTERING MEMBER/ADMINISTRATOR. The powers of the Agency provided in this Agreement shall be exercised in the manner provided by this Agreement. The Board may designate an Administering Member and/or an Administrator to provide all or a portion of the administrative (or other) services required by this Agreement, SGMA, or other legal authority. However, whether or not the Board decides to designate an Administering Member, each Member shall nevertheless be responsible, when requested by the Board, for designating staff from their agency to coordinate with the Board and other Members, and for otherwise ensuring the Agency has sufficient staffing and administrative support to comply with this Agreement and other legal obligations. 9. ORGANIZATION: a. Additional Members. The Board may allow additional members to join the Agency. Additional Members must be local agencies capable of being designated as a GSA under SGMA. The Board may set whatever conditions it deems necessary as a precondition to addition of the new Member, to include requiring the additional Members to reimburse the other Members for a proportionate share of the costs already incurred by the existing Members. b. Bylaws. The Board shall adopt bylaws governing the management of the Agency within 180 days of the Effective Date. The bylaws shall require the Board to develop a conflict of interest code for the Agency compliant with California law, and to otherwise ensure that the Board operates in a manner that is fully compliant with the Brown Act, the Joint Exercise of Powers Act, Government Code 6500 et seq., SGMA, and all other applicable legal requirements. c. Committees. The Board may create committees as authorized by law. -4- Page 75

76 d. Governing Board. The Agency shall be governed by a Board of Directors which shall be composed of one (1) elected representative from BBCCSD, one elected representative from BBMWD, and one appointed commissioner from DWP. The governing body of each Member shall determine in its sole discretion the person it will appoint to the Agency Board of Directors. The Board of Directors shall receive no compensation from the JPA for serving on the Board of the JPA. e. Meetings. Regular meetings of the Board may be held quarterly, or as the Board determines necessary, on such dates and times and at such locations as the Board shall fix by resolution. Special meetings of the Board shall be called in accordance with Government Code All meetings of the Board shall comply with the provisions of the Ralph M. Brown Act (Government Code et seq.). f. Officers. The officers of the Agency shall be a Chairperson, a Vice- Chairperson, and such other officers as the Board shall designate. The election of officers will take place at the first meeting of the JPA Board, and subsequently in the first Board meeting of each new calendar year unless the time of election is otherwise designated in the Agency bylaws. The officers or persons who have charge of, handle or have access to any property of the Agency shall be designated in the bylaws, and such officers and persons shall comply with all applicable requirements of Government Code g. Quorum. Two-thirds (2/3) of the Board of Directors shall constitute a quorum in order to conduct business. h. Rules. The Board may adopt such other rules, policies, and regulations as it deems proper consistent with all applicable laws, this Agreement, and the Agency s bylaws. i. Term. The Agency Board Members shall serve without terms and at the pleasure of the legislative body which appointed them. j. Treasurer. As further described in Section 10, below, the Treasurer of the Board shall be formally designated by a resolution adopted by the Board of Directors stating the effective date of the appointment and the term of the appointment. k. Voting. Each Director shall have one vote. A simple majority of the quorum shall be required for the adoption of a motion, resolution, contract authorization or other action of the Board, except that: entire Board: GSA boundaries; (i) (ii) A majority vote of less than a quorum may vote to adjourn; Any of the following actions shall require a unanimous vote of the (1) Adoption, modification or alteration of the GSP, or of the (2) Adoption of assessments, charges or fees; -5- Page 76

77 (3) Admission of additional Members to the Agency; (4) Setting the amounts of any Contribution (as defined in Section 13, below) or fees to be made or paid to the Agency by any Member, including extraordinary costs as defined in Section 14; and (5) Issuance of bonds or other indebtedness. 10. FISCAL AGENT, DEPOSITORY AND ACCOUNTING. The Treasurer appointed by the Board is designated as the fiscal agent and depository for the Agency per Government Code and The Treasurer of the Agency shall be the treasurer of one of the Agency s Members, or a certified public accountant designated by the Board, or an officer or employee designated per Government Code The Treasurer shall be the depositary and have custody of all money of the Agency, from whatever source, subject to the applicable provisions of any indenture or resolution providing for a trustee or other fiscal agent. All funds of the Agency shall be held in the operating fund established by Section 13, or such other separate accounts as may be necessary, in the name of the Agency and not commingled with the funds of any Member or any other person or entity. Full books and accounts shall be maintained for the Agency in accordance with generally accepted accounting principles applicable to governmental entities per Government Code 6505 et seq., and any other applicable laws of the State of California. 11. ACCOUNTABILITY, REPORTS AND AUDITS. There shall be strict accountability of all funds, and an auditor designated by the Board shall report any and all receipts and disbursements to the Board with such frequency as shall reasonably be required by the Board. The Agency will utilize the services of an outside independent certified public accountant to make an annual audit of the accounts and records of the Agency as required by Government Code 6505, unless the Members, elect to conduct the audit for a two (2) year period. In each case, the minimum requirements of the audit shall be those prescribed by the State Controller for special districts pursuant to Government Code 26909, and shall conform to generally accepted accounting principles. The outside independent certified public accountant selected by the Agency as auditor shall be formally designated by a resolution adopted by the Board of Directors stating the effective date of the appointment and the term of the appointment. 12. OPERATING BUDGET AND EXPENDITURES. The Board shall adopt a budget as specified in the bylaws, by resolution or otherwise.unless otherwise required by this Agreement or applicable law, the Agency s Treasurer shall draw checks or warrants or make payments as specified in the bylaws of the Agency. The Agency may, consistent with the bylaws, invest any money in the treasury that is not needed for its immediate necessities. 13. OPERATING FUND. The Agency shall establish an operating fund. The fund shall be used to pay all administrative, operating and other expenses incurred by the Agency, and shall be funded by Member contributions for payment of costs of the Agency. Each Member s share of annual contribution ( Contribution ) to the Agency s operating or other budget shall be determined by the Board of Directors by resolution or in the bylaws. The amount of Member annual Contributions shall be revisited at least once every five (5) years and may be revisited annually upon request of any Member. The Board may direct that any surplus funds be returned to -6- Page 77

78 the Members, per Government Code 6512, in proportion to the Contributions made by each Member.In addition, the Contribution of DWP shall be paid and payable only from the DWP water enterprise fund or other available DWP funds. The general fund of the City of Big Bear Lake shall not be available to satisfy DWP s Contribution. 14. ASSESSMENTS FOR EXTRAORDINARY COSTS. In the event the Agency should experience an unanticipated need to pay for extraordinary costs (e.g., those costs that are unanticipated and not otherwise funded through the budget), including, but not limited to the costs of litigation or indemnification as provided in this Agreement, and to the extent that such costs cannot otherwise be reasonably funded through use of reserves on hand or through the other revenue sources authorized by this Agreement, the Board may allocate the additional costs to the Members. 15. STAFFING. The Board shall provide for staffing of the Agency in accordance with procedures established in the bylaws. Such staffing shall ensure the Agency is able to accomplish all requirements imposed by SGMA, this Agreement, and/or any other requirements imposed by law. Legal counsel shall be appointed by the Board and shall serve at the pleasure of the Board. Legal counsel may be an attorney that also performs work for one of the Members, provided appropriate waivers suitable to the Board, and counsel for all of the Members, are first obtained. 16. DISPUTE RESOLUTION. The Members desire to informally resolve all disputes related to this Agreement and/or SGMA, whenever possible, at the lowest possible level, and triggering of the dispute resolution procedures described herein shall only occur where the Members and/or the Board have reached impasse and are unable to resolve matters without invoking formal dispute resolution procedures. Should informal resolution of any dispute prove unsuccessful, the Parties agree to neutral facilitation/mediation of the dispute as a next step prior to filing a lawsuit or otherwise seeking judicial intervention. The appointed facilitator/mediator, who need not be a licensed attorney, shall be a person who is not a current or former employee or agent of any Member, and someone who has knowledge of the rules governing public agencies, and who has experience with the management of groundwater resources in Southern California. The facilitator shall be compensated by the Agency. This Section shall not bar a Member or Member(s) from initiating legal action in another appropriate forum with jurisdiction over the matter as necessary to comply with an applicable statute of limitation, provided such legal action, where authorized, is stayed pending completion of the dispute resolution process described herein. Members involved in a dispute governed by this Section are encouraged to enter a tolling agreement, if legally authorized, in order to allow sufficient time for completion of the process required by this Section. 17. WITHDRAWAL. a. Notice to Members. Any Member may withdraw from the Agency by delivery of written notice to withdraw to each of the Members at least two years prior to the date of withdrawal ( Withdrawal Notice Period ), unless the Members unanimously agree to allow the withdrawing Member to withdraw sooner than two years, in which case the date of withdrawal shall be the date unanimously agreed upon by the Board. The withdrawing Member shall continue -7- Page 78

79 to be a full Member during the pendency of the Withdrawal Notice Period and shall retain all rights and obligations during such period unless otherwise agreed to by unanimous vote of the Board. b. Effect of Withdrawal. Should a Member choose to withdraw from the Agency in accordance with the terms of this Agreement, that Member retains any legal right it has under SGMA to serve as the GSA for the groundwater basin underlying its jurisdictional boundaries, provided such withdrawal will not cause the Agency (or its remaining Members) to default on financial obligations or to otherwise fail to comply with the legal obligations imposed by SGMA. The Agency and the non-withdrawing Members shall retain whatever legal rights they have under SGMA, and the withdrawal of the Member shall have no effect on the continuance of this Agreement among the remaining Members. The withdrawing Member shall not take any action after withdrawal that would be reasonably anticipated to frustrate the ability of the Agency to comply with SGMA. After providing written notice of withdrawal, the withdrawing Member shall act at all times in good faith in the best interests of the Agency until such time as the withdrawal process is complete. c. Continuing Fiscal Obligations. Any Member that withdraws as provided herein shall remain liable during the Withdrawal Notice Period for its share of the budget, as described in the bylaws or by resolution. If the Members elect to incur extraordinary costs in accordance with Section 14, the withdrawing Member shall be liable in proportion to its set rate of Contribution during the Withdrawal Notice Period for the obligations or debts approved and incurred by the Agency for those extraordinary costs, unless the Members agree otherwise. Any Member that withdraws shall remain liable in proportion to its set rate of Contribution for any unfunded capital expenditures or debt service obligations incurred or approved by the Board prior to the date of written notice of withdrawal of such Member until such time as the obligation is fully satisfied. d. Continuing Claims Obligations. Members will remain obligated to contribute their share in proportion to its set rate of Contribution (based upon the membership roll as of the date of the claim), including without limitation legal defense costs, for any occurrences incurred during the Member s membership, but not presented as a claim against the Agency until after the Member s withdrawal. e. Divisions of Property Assets. The real and/or personal property assets contributed by the withdrawing Member or the value of the real and/or personal property assets at the date of withdrawal will be returned to the withdrawing Member to the extent such assets are not required for the Agency to meet its continuing obligations as a GSA under SGMA. If such real and/or personal property assets are needed to meet the continuing obligations of the Agency to comply with SGMA, then the remaining Members of the Agency and the withdrawing Member shall negotiate a purchase or lease of such assets for a price not to exceed the fair market value of those assets. 18. TERM AND TERMINATION. This Agreement shall become effective, and the Agency shall come into existence, on the Effective Date. The Agreement, and the Agency, shall thereafter continue in full force and effect until the governing bodies of the Members unanimously elect to terminate the Agreement. Upon unanimous election to terminate this Agreement, the Board shall continue to act as a board to wind up and settle the affairs of the Agency. The Board -8- Page 79

80 shall adequately provide for the known debts, liabilities and obligations of the Agency, and shall then distribute the assets of the Agency among the Members, as follows: a. The assets contributed by each Member, or the value thereof as of the date of termination, shall be distributed to that Member. b. The remaining assets shall then be distributed to each Member in proportion to the amount of each Member s Contribution. The distribution of assets shall be made in-kind to the extent possible by returning to each Member those assets contributed by such parties to the Agency; however, no party shall be required to accept transfer of an asset in kind. Notwithstanding any other provision by the Board for payment of all known debts, liabilities and obligations of the Agency, each Member shall remain liable for any and all such debts, liabilities, and obligations in proportion to its set rate of Contribution, or in the proportion specified by unanimous action of the Board if alternative proportions are so specified for particular actions or activities that give rise to such debts, liabilities, and obligations. Termination of this Agreement shall not occur, and the Members shall continue to fund the operations of the Agency as a GSA for the Basin, until the Agency determines by a unanimous vote of the Board that. (a) a GSA is no longer required for the Basin; or (b) one or more of the individual Members will undertake the legal obligations of a GSA previously performed by the Agency, and such termination of the Agency will not result in the Basin being placed in a probationary status by the State Water Resources Control Board. 19. INDEMNIFICATION/CONTRIBUTION. Members, directors, officers, agents and employees of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers, and in the performance of their duties pursuant to this Agreement. The Agency shall hold harmless, defend and indemnify the Members, the Agency Board, and the Members directors, agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property (including property owned by any Member), arising out of the activities or omissions of the Agency, or its agents, officers and employees related to this Agreement or SGMA ( Claims ). a. To the extent authorized by California law, no Member shall be liable for the actions or omissions of any other Member or the Agency related to this Agreement. b. The indemnification obligations described herein shall continue beyond the term of this Agreement as to any acts or omissions occurring during this Agreement or any extension of this Agreement. c. To the extent that the Agency is unable or unwilling (because of comparative fault of Member(s), or other good faith legal basis) to hold harmless, defend and/or indemnify any Member to this Agreement as provided in this Section, such Member shall be entitled to contribution from the other Members in proportion to the extent one Member pays more than its proportional Contribution share of such obligation. Provided, however, that where one or more Members is determined by a court (or in a settlement approved by a court) to be responsible -9- Page 80

81 for a greater proportion for the Claims, each Member will only be responsible for contribution to the other Member (or Members) up to the extent of the contributing Member s set rate of Contribution responsibility. 20. INSURANCE. The Agency shall obtain insurance for the Board members and general liability insurance containing liability in such amounts as the Board shall determine will be necessary to adequately insure against the risks of liability (including compliance with the indemnification provisions in Section 19 above) that may be incurred by the Agency. The Members, their officers, directors and employees, shall be named as additional insureds. 21. CLAIMS. All claims against the Agency, including, but not limited to, claims by public officers and employees for fees, salaries, wages, mileage, or any other expenses, shall be filed within the time and in the manner specified in Chapter 2 (commencing with Section 910) of Part 3, Division 3.6 of Title I of the Government Code, which describes the appropriate content of a claim. 22. ENTIRE AGREEMENT REPRESENTED. This Agreement represents the entire agreement among the parties as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of all of the parties. 23. HEADINGS. Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings. 24. NOTICES. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered sent by facsimile transmission, ed or sent by first class mail, postage prepaid and addressed as follows: MEMBERS: DWP Garstin Drive P.O. Box 1929 Big Bear Lake, CA Attn: General Manager, Department of Water and Power BBCCSD 139 E. Big Bear Blvd. P.O. Box 558 Big Bear City, CA Attn. General Manager BBMWD Lakeview Drive P.O. Box 2863 Big Bear Lake, CA Attn. General Manager -10- Page 81

82 Notice delivered personally is deemed to be received upon delivery. Notice sent by first class mail shall be deemed received on the fourth day after the date of mailing. Any party may change the above address by giving written notice pursuant to this Section. 25. CONSTRUCTION. This Agreement reflects the contributions of all parties and accordingly the provisions of Civil Code 1654 shall not apply to address and interpret any uncertainty. 26. NO THIRD PARTY BENEFICIARIES INTENDED. Unless specifically set forth, the parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy. 27. WAIVERS. The failure of any party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. 28. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY. This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to any party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect. 29. FURTHER ASSURANCES AND OBLIGATION OF GOOD FAITH DEALING. Each party agrees to execute any additional documents and to perform any further acts which may be reasonably required to affect the purposes of this Agreement. Moreover, consent or approval, where reasonably requested in furtherance of the purposes of this Agreement or compliance with SGMA, shall not be unreasonably withheld by a Member. 30. COUNTERPARTS. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 31. AMENDMENT. This document may only be amended with a vote by all of its Members Page 82

83 CITY OF BIG BEAR LAKE, DEPARTMENT OF WATER AND POWER SIGNATURE PAGE EACH OF THE UNDERSIGNED, having read and considered the above provisions, indicate their agreement by their authorized signatures. CITY OF BIG BEAR LAKE, DEPARTMENT OF WATER AND POWER By: Atttest: Approved as to Form: -12- Page 83

84 BIG BEAR CITY COMMUNITY SERVICES DISTRICT SIGNATURE PAGE EACH OF THE UNDERSIGNED, having read and considered the above provisions, indicate their agreement by their authorized signatures. BIG BEAR CITY COMMUNITY SERVICES DISTRICT By: Atttest: Approved as to Form: -13- Page 84

85 BIG BEAR MUNICIPAL WATER DISTRICT SIGNATURE PAGE EACH OF THE UNDERSIGNED, having read and considered the above provisions, indicate their agreement by their authorized signatures. BIG BEAR MUNICIPAL WATER DISTRICT By: Atttest: Approved as to Form: -14- Page 85

86 Attachment B Page 86

87 17-Mar-17 BBLDWP BBMWD Map Features Big Bear Lake Department of Water and Power Service Area (BBLDWP) Big Bear City Community Services District Service Area (BBCCSD) Big Bear Municipal Water District Service Area (BBMWD) Bear Valley Groundwater Basin (DWR Bulletin 118, Rev. 2016) BBCCSD BBLDWP San Bernardino Mountains Ü Miles NAD 83 UTM Zone 11 Basemap Source: esri.com Bear Valley Basin Boundary Map Figure 1 Page 87

88 Attachment C Page 88

89 RESOLUTION NO XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, APPROVING THE JOINT POWERS AGREEMENT BY AND AMONG THE CITY OF BIG BEAR LAKE DEPARTMENT OF WATER AND POWER, BIG BEAR CITY COMMUNITY SERVICES DISTRICT, AND BIG BEAR MUNICIPAL WATER DISTRICT FOR THE FORMATION OF A JOINT POWERS AUTHORITY AND MANAGEMENT OF THE BEAR VALLEY GROUNDWATER BASIN WHEREAS, the Sustainable Groundwater Management Act of 2014 (California Water Code, et. seq.) (SGMA) was signed into law on September 16, 2014, and took effect January 1, 2015; and WHEREAS, the Legislative intent of SGMA is to provide for the sustainable management of groundwater basins, to enhance local management of groundwater, to establish minimum standards for sustainable groundwater management, and to manage groundwater basins through the actions of local governmental agencies to the greatest extent feasible while minimizing state intervention; and WHEREAS, SGMA requires that California groundwater basins and subbasins designated by the California Department of Water Resources (DWR) as high priority or medium priority be managed by one or more Groundwater Sustainability Agencies (GSAs) and that such management be accomplished pursuant to one or more approved Groundwater Sustainability Plans for the basin; and WHEREAS, SGMA provides local agencies with important new groundwater powers and authorities to achieve sustainable groundwater management; and WHEREAS, California Water Code Section 10721(j) defines a GSA as one or more local agencies that implement the provisions of SGMA; and WHEREAS, any local public agency that has water supply, water management or land use responsibilities within a groundwater basin may decide to become a GSA over that basin (California Water Code, 10721(n) and 10723); and WHEREAS, Water Code Section authorizes a combination of local agencies to form a GSA pursuant to a joint powers agreement, a memorandum of agreement or other legal agreement; and WHEREAS, DWR has designated the Bear Valley Groundwater Basin (Bulletin 118 No. 8-9) (Basin) as a medium priority basin; and WHEREAS, the City of Big Bear Lake Department of Water and Power, the Big Bear City Community Services District, and Big Bear Municipal Water District (collectively, the Page 89

90 Resolution No XX Page 2 Members ) each overlies a portion of the Basin and exercises water management or water supply authority within a portion of the Basin; and WHEREAS, the Members seek to comply with SGMA by executing the Joint Powers Agreement (Agreement) attached hereto as Exhibit A and forming a separate Joint Powers Authority (JPA) pursuant to the Joint Exercise of Powers Act (Gov. Code, 6500 et seq.) for the purpose of becoming the exclusive GSA for the entire Basin; and WHEREAS, the Members intend through the Agreement to form the Bear Valley Basin GSA to implement SGMA and sustainably manage the Basin in accord with SGMA s requirements; and WHEREAS, the Agreement sets up a cooperative structure through which the Members will jointly exercise their common powers and work collaboratively and cost effectively to develop, adopt and implement a GSP for the Basin in accordance with statutory and regulatory requirements; and WHEREAS, the City of Big Bear Lake is committed to the sustainable management of groundwater resources within the Basin in accordance with SGMA; and WHEREAS, pursuant to Water Code Section , Public Resources Code Section 21065, and California Environmental Quality Act (CEQA) Guidelines Sections 15378(b)(5), 15320, 15004, and 15061(b)(3), neither this Resolution, nor the execution of the Agreement, constitutes a project or approval of a project under the CEQA. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Big Bear Lake does hereby: 1. The City of Big Bear Lake hereby approves the Joint Powers Agreement by and among the City of Big Bear Lake Department of Water and Power, Big Bear City Community Services District and Big Bear Municipal Water District forming a separate JPA for the purpose of becoming the exclusive GSA for the entire Bear Valley Groundwater Basin, a copy of which is attached hereto as Exhibit A. 2. Pursuant to the Joint Powers Agreement and as authorized by SGMA, the City of Big Bear Lake elects to jointly form and participate as a member of the Bear Valley Basin GSA for the entire Basin. PASSED, APPROVED AND ADOPTED this day of April, AYES: NOES: ABSTAIN: ABSENT: Page 90

91 Resolution No XX Page 3 W.E. Jahn, Mayor ATTEST: Kathleen Smith, Acting City Clerk Page 91

92 Resolution No XX Page 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF BIG BEAR LAKE ) I, Kathleen Smith, Acting 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 XX was duly passed and adopted by the said City Council and attested by the Acting City Clerk of said City, all at a regular meeting of the said Council held on the day of April, 2017, and that the same was so passed and adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen Smith, COO/Acting City Clerk Page 92

93 AGENDA REPORT MEETING DATE: April 24, 2017 TO: FROM: REVIEWED BY: PREPARED BY: Honorable Mayor and Members of the City Council Jeff Mathieu, City Manager Kathleen Smith, Chief Operations Officer Sarah Siep, Senior Administrative Analyst SUBJECT: PROPOSED LEGISLATION AND CALIFORNIA PUBLIC UTILITIES COMMISSION RULE AMENDMENTS RELATED TO WIRELESS COMMUNICATIONS BACKGROUND & DISCUSSION: SB 649 (Hueso) and upcoming California Public Utilities Commission (CPUC) proceedings are purporting to redefine the rights of wireless and wireless infrastructure providers, while taking away local power to have discretion over these same providers. Existing law requires wireless telecommunications collocation facilities be subject to a city or county discretionary permit and to comply with specified criteria with regard to placement and/or installation of these facilitates including antennas and related equipment. However, SB 649 (Hueso) would allow small cell as a permitted use, removing the requirement of a discretionary permit and imposing new duties on local agencies. In essence this proposed legislation would further limit local discretion and control over installation number, location and aesthetics of telecommunication facilities. The League of California Cities is in opposition to this legislation. Additionally, at their February 15, 2017 Meeting the City of Big Bear Lake Planning Commission adopted Resolution No. PC establishing a procedural process for wireless communication facility applications and amending the Development Code to further solidify local discretion over wireless communication facilities. CPUC has opened a proceeding related to use of utility poles and public rights of way and wireless provider access. This proceeding may dramatically impact the ability of local governments to control the pubic rights of way and other public infrastructure, and therefore allow wireless and even cable providers to install a greater number of telecommunication towers without local discretion. It is important to take into consideration with regard to these proceedings whether Page 93

94 AGENDA REPORT: PROPOSED LEGISLATION AND CALIFORNIA PUBLIC UTILITIES COMMISSION RULE AMENDMENTS RELATED TO WIRELESS COMMUNICATIONS April 24, 2017 Page 2 streetscapes could accommodate further pole attachments, replacement of existing poles with larger poles and a possible increase in the overall number of poles. This is not the legislature s first attempt to amend local discretionary review of telecommunications facilities. Last year proposed legislation AB 2788 (Gato) had a similar goal to SB 649 (Hueso) with its language and definition of small cell generating potential larger facilities and instituting a 60 day window for a city or county to issues the applicable building or administrative permit then deeming the permit as issued. At their June 27, 2016 Regular Meeting, Council directed staff to send a letter of opposition to AB 2788 (Gato), and this proposed legislation was eventually stopped in Committee. In order to protect local jurisdiction discretion and rights, we are recommending that Council continue its oppositionary stance to these types of proceedings and proposed senate and assembly bills. RECOMMENDATION It is recommended that Council direct staff to write the following letters: 1. A Letter of Protest to the California Public Utilities Commission regarding wireless proceedings; and, 2. A Letter of Opposition regarding to SB 649 (Hueso) Attachment A: Legal Alert April 19, 2017 Attachment B: League of CA Cities Letter of Opposition SB 649 (Hueso) Page 94

95 Attachment A Page 95

96 LEGAL ALERTS APR 19, 2017 CPUC Rulemaking Opens Door to Revisit Impacts of Wireless in Public Rights of Way Local Governments Should Respond by May 3 People The California Public Utilities Commission just opened a proceeding that may redefine the rights of wireless providers and wireless infrastructure Gail A. Karish providers to use utility poles and public PARTNER rights of way. In addition, the CPUC took (213) the unusual step of reaching out to local governments to participate directing that notice of the Order be served on all California counties and incorporated cities and towns, as well as requiring outreach efforts to local government associations. This proceeding could dramatically affect the ability of local governments and municipally owned utilities to control the public rights of way and other public infrastructure. Connected Practices California Public Utilities Commission In California, rates, terms and conditions for attachments to investor owned Municipal Law utility poles are regulated by the CPUC. A main purpose of the rulemaking is to consider a wireless industry petition asking that rates for attachments to utility Telecommunications poles be harmonized (wireless providers currently pay a per foot fee, CPUC authorized telephone companies pay a per pole fee). But the CPUC asks broader questions too (even bringing in wireless attachments installed by cable operators). These questions will shape the rules on which Connected Industries types of companies can deploy small cells, for what purpose, and in what circumstances. Importantly, they also open up for reconsideration the fundamental industry premise that the public rights of way are the appropriate locations for massive deployment of small cells, as well as large scale facilities used for radiofrequency transport services, like Mobilitie s 120 foot poles with microwave antennas. Specifically, the CPUC invites comment on: whether urban streetscapes can accommodate more pole attachments, the replacement of existing poles with larger poles, and possibly an increase in the number of poles. Opening comments and prehearing conference statements are due May 3, and Page 96

97 poles with larger poles, and possibly an increase in the number of poles. Opening comments and prehearing conference statements are due May 3, and reply comments are due May 13. Sometime later, the CPUC will schedule a prehearing conference, and if appropriate, that will be followed by workshops, additional written comments, briefs and possibly hearings. Thus, it is important to register as a party and submit comments early to ensure that local government voices are heard. To be sure, this latest proceeding is only one of several fronts on which the wireless industry is trying to re write current rules. The big four wireless service providers and their wireless infrastructure partners plan to deploy millions of small cells in the public rights of way and on utility poles, street light poles and traffic lights in coming years. But first they want rule changes that ensure cheaper, faster and more widespread access to public rights of way and government owned vertical infrastructure. The industry is pushing reforms principally preemption of local regulatory and proprietary authority in state legislatures including in California (see California Small Cell Bill Curtails Local Discretionary Review and Rates ), at the Federal Communications Commission and at state public utilities commissions. The CPUC proceeding, however, may provide an important forum where local governments can make the case for local oversight of wireless pole attachments, particularly in light of safety and other issues that they may present. Below is a sampling of other issues raised by this CPUC proceeding, including important questions about safety, reliability, authorizations and services: Safety and Reliability Whether there is sufficient space and load bearing capacity on the stock of existing utility poles to support additional telecommunications attachments, including wireless pole attachments, that may be necessary to provide ubiquitous, competitive, and affordable telecommunications services. What additional regulations may be necessary, if any, to ensure that telephone companies wireless pole attachments are designed, constructed, operated, inspected, and maintained to protect worker and public safety and preserve the reliability of co located utility facilities (e.g., power lines and telephone lines). Describe all types of pole attachments installed by telephone companies for radiofrequency transport services, and explain how those attachments differ if at all from small cell attachments and a best estimate of the number of California poles that currently have such attachments. Explain whether pole attachments installed by telephone companies for radiofrequency transport services present any additional or unique issues pertaining to safety or reliability. Whether the CPUC has authority to apply and enforce its pole attachment rules and safety regulations with respect to wireless facilities installed by cable operators in light of its conclusion that the term cable in Public Utilities Code does not include satellites and other forms of wireless transmission. Page 97

98 facilities installed by cable operators in light of its conclusion that the term cable in Public Utilities Code does not include satellites and other forms of wireless transmission. Authorizations and Services What CPUC authorizations should be required of telephone companies seeking to install wireless pole attachments: A certificate of public convenience and necessity to provide full facilities based service or limited facilities based service? Must a CPCN include explicit authority to install wireless pole attachments? An up to date wireless identification registration to provide facilities based wireless services on file at the CPUC? Are there circumstances where a WIR is required in addition to a CPCN? A final environmental impact report, negative declaration, or other document(s) required by CEQA? What services can CPUC authorized telephone companies offer to the public (including other communications carriers) using wireless pole attachments. Such services might include, but are not limited to, the following: Fixed wireless, point to multipoint service CMRS Wi Fi service Broadband wireless Internet access service Providing other carriers with access to, or interconnection with, wireless facilities and infrastructure Providing backhaul service for other wireless carriers Other wireless and wireline services For telephone company and cable operator pole installations that include both wireline components and wireless components, how to distinguish the components that are subject to the per pole fee and the components that are subject to the per foot fee. For more information on this rulemaking, please contact the author of this Legal Alert listed at the right in the firm s Telecommunications practice group, or your BB&K attorney. Please feel free to share this Legal Alert or subscribe by clicking here. Follow us on Disclaimer: BB&K Legal Alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqué. Page Best Best & Krieger LLP