Big Bear Lake City Council
February 7, 2022

score, the closer the match is to the DWP. The twelve (12) agencies with the lowest score included agencies located in mountain communities, high desert, and the valley. All of them are within a commutable distance from Big Bear and are therefore, agencies that the DWP is competing with for qualified personnel. On May 28, 2019, the Human Resources Committee agreed on the list of comparative agencies for the Study.

Specifically for the DWP Board Commissioners compensation, Koff was instructed by the Human Resources Committee to survey salary and benefits using the following local agencies as comparators: (1) Big Bear Airport; (2) Big Bear City Community Services District; (3) Big Bear Municipal Water District; (4) Big Bear Regional Wastewater Agency; and (5) City of Big Bear Lake. Koff concluded the DWP’s Board of Commissioners’ total monthly compensation is the second lowest of the six Bear Valley Agencies evaluated (Exhibit D). Additionally, the Study found the median monthly salary provided to Board Members/Councilmembers of these local agencies was $633 per month. As such, it was recommended the DWP Board Commissioners’ compensation be increased to $600 per month to be paid close to the median of this market (Exhibit E).

Based on the findings and the recommendation of the Study, on February 23, 2021, the DWP Board adopted Resolution No. DWP 2021-07 to request the City Council of the City of Big Bear Lake to review and consider increasing the Board of Commissioner’s compensation to $600 per month (Exhibit F).

The DWP and several other Bear Valley agencies use the CPI-Urban Wage Earners and Clerical Workers index to assist in determining the annual COLA adjustment for its employees. If this index had been applied to the to the Board of Commissioners’ $400/month stipend annually on July 1, and the CPI continues to trend as it has for the last six months, then the Board of Commissioners’ stipend would be $603.48/year on July 1, 2022 (Exhibit G).

At the June 7, 2021 City of Big Bear Lake City Council meeting, Councilmember Lee expressed two concerns with regards to increasing the DWP’s Board Commissioners’ compensation including (1) the DWP Board is appointed versus elected; and (2) a different set of agencies was compared for the DWP Board than was compared for the DWP employees. In May 2019, the Human Resources Committee determined the most appropriate comparator agencies for the DWP Board total compensation comparison were other Bear Valley agencies. At the January 11, 2022 City of Big Bear Lake City Council meeting, Councilmember Lee pulled the DWP Board Commissioners compensation agenda item from the consent calendar and requested additional time to review the additional board compensation analysis that was provided that day.

The additional analysis provided consisted of research comparing the DWP Board Commissioners compensation to the board compensation for the twelve (12) comparator water agencies used for employees in the Total Compensation Study. The information obtained was published data on the transparentcalifornia.com website and the individual agency’s websites from 2017-2020. In this additional analysis, the DWP Board Commissioner’s compensation was found to be the second lowest of the twelve (12) comparable water agencies (Exhibit H). The detailed information from each website is also available for review (Exhibit I).

DWP Board of Commissioners Compensation
February 7, 2022

On January 12, 2022, Councilmember Lee submitted a public records request to the DWP requesting additional information for review of this agenda item. The response to public records request is attached for your reference. (Exhibit J).

In conclusion, the DWP Board Commissioner’s compensation should be increased for the following reasons: (1) it has been over sixteen (16) years since the compensation has been evaluated; (2) an independent study of local agencies determined the DWP Board’s total compensation was the second lowest of the Bear Valley agencies; (3) the CPI-Urban Wage Earners and Clerical Workers Index had not been applied to the compensation for sixteen years; and (4) an analysis of the board compensation of the twelve (12) comparator agencies show the DWP Board Commissioner’s compensation is the second lowest of the comparator agencies.

Recommendation:

The DWP Human Resources Committee respectively requests the City Council review and consider adopting increasing the DWP Board of Commissioners compensation to $600 per month.

ATTACHMENT 3
DWP Exhibit A
Resolution No.
2005-13
Exhibit A
Exhibit A
ATTACHMENT 4
DWP Exhibit B
Excerpt from Koff
& Associates
Compensation
Study
In addition to the above, K&A surveyed salary and benefits data for its Board Members and used the following agencies as comparators: 1) Big Bear Airport; 2) Big Bear City Community Services District; 3) Big Bear Municipal Water District; 4) Big Bear Regional Wastewater Agency; and 5) City of Big Bear Lake. The median monthly salary provided to Board Members / Councilmembers of these agencies was $633 per month, while DWP’s Board Members receive $400 per month.

Therefore, it is recommended the DWP Board should consider increasing their monthly compensation to $600 per month to be paid closer to the median of this market.

Comparator Agencies
Another important step in conducting a market salary study is the determination of appropriate agencies for comparison.

1. Organizational type and structure – It is generally recommended that agencies of a similar size and providing similar services to the DWP be used as comparators.

When it comes to technical classes, the size of an organization is not as critical, as these classes perform fairly similar work. The difference in size of an organization becomes more important when comparing classes at the management level. The scope of work and responsibility for management becomes much larger as an organization grows. When it is difficult to find agencies that are similarly sized, it is important to get a good balance of smaller and larger agencies.

2. Similarity of population served, staff, and operational budgets – These elements provide guidelines in relation to resources required (staff and funding) and available for the provision of services. In lieu of utilizing traditional population figures, this Study utilized the number of service connections for each comparator agency as one of the factors to determine which agencies are most like DWP.

3. Scope of services provided – For most of the classifications, it is important to select agencies providing similar services. Organizations providing the same services are ideal for comparators and most comparator agencies surveyed provide similar services to the DWP. Services including water conservation, water distribution, and water treatment were factored into the comparator agency analysis.

4. Labor market and geographic location – In today’s labor market, many agencies are in competition for the same pool of qualified employees. No longer do individuals necessarily live in the communities they serve. The geographic labor market area, where the DWP may be recruiting from or losing employees to, was taken into consideration when selecting comparator organizations. Furthermore, by selecting employers within a geographic proximity to the DWP, the resulting labor market data generally reflects the region’s cost of living, and other demographic characteristics to the same extent as competing employers to the DWP.

All factors mentioned should be considered in selecting the group of comparator agencies.

K&A staff initially conducted an analysis of the factors noted above for a total of twenty (20) potential agencies to consider for the market study. Per K&A’s discussion with the DWP’s Human Resources Committee on April 22, 2019, the Committee asked us to include comparable Water agencies in the Tahoe, Mammoth, and Arrowhead resort communities. K&A staff completed its analysis, reported the results back to DWP, and these final twelve (12) comparator agencies were Exhbit B
agreed upon by all parties for compensation survey purposes. Appendix II includes the Comparator Agency Analysis K&A performed prior to the HR Committee’s selection of these final 12 agencies.

Table 2. Comparator Agencies Agency

1. Big Bear City Community Services District

2. City of Hesperia

3. City of Redlands

4. City of San Bernardino Municipal Water Department

5. City of Victorville

6. Desert Water Agency

7. East Valley Water District

8. Elsinore Valley Municipal Water District

9. Hi Desert Water District

10. Lake Arrowhead Community Services District

11. Monte Vista Water District

12. West Valley Water District
Exhbit B
ATTACHMENT 5
DWP Exhibit C
List of
Comparators
City of Big Bear Lake, Department of Water and Power
Proposed List of Comparators
Total Compensation Study
Ranking Agency
Overall Criteria
Comparison Score
City of Big Bear Lake (Department of Water and Power) 8 1 Lake Arrowhead CSD 49
2 City of Redlands (Water Division) 55
3 Monte Vista Water District* 67
4 Big Bear City Community Services District* 70
5 Hi-Desert Water District 71
6 East Valley Water District* 83
7 West Valley Water District 87
8 City of Hesperia (Development Services) 93
9 City of Victorville (Victorville Water District)* 97
10 Elsinore Valley Municipal Water District 102
11 City of San Bernardino (Water Department) 107
12 Desert Water Agency* 107
Truckee Donner Public Utilities District 111
North Tahoe Public Utility District 114
Tahoe City Public Utility District 114
Mammoth Community Water District 117
South Tahoe Public Utility District 117
Cucamonga Valley Water District 118
Inland Empire Utilities Agency 118
City of Corona (Department of Water and Power) 120
City of Ontario (Water Department)* 122
Rancho California Water District 129
Coachella Valley Water District 137
Jurupa Community Services District* 147
Eastern Municipal Water District 166
*Original agency list provided by Client
Note: Jurupa Community Services District and City of Ontario were dropped from initial comparator listing.

Legend: A lower Overall Comparison Score indicates that the comparator agency is more similar to the City of Big Bear Lake (Department of Water and Power).

Column A: Ranking based upon comparison score.

Column B: Agency Name
Column C: The Overall Criteria Comparison Score is equal to the sum of ranking for each criteria.

The Overall Comparison Score is comprised of the following criteria:
1- Geographic Proximity Comparison
2- Number of Service Connection Comparison
3- Full Time Equivalents Comparison
4- Expenditure Comparison
5- Expenditure per capita Comparison
6- FTE to Service Connections Ratio Comparison
7- Cost of Living Average Comparison
8- Comparable Services Comparison
Top Ranked Comparator Agencies
Top Ranked List of Comparators
1 Exhibit C
City of Big Bear Lake, Department of Water and Power
Proposed List of Comparators
Total Compensation Study
Agency Geographic
Proximity
Number of
Service
Connections
FTE Agency
Expenditures
Expenditure
per Capita
FTE to
Service
Connection
Ratio
Cost of Living
Average - %
Above or Below
DWP
Comparable
Services
Overall
Comparison Score Overall Rank
City of Big Bear Lake (Department of Water and Power) 1 1 1 1 1 1 1 1 8 1 Big Bear City Community Services District* 2 12 3 2 10 21 1 19 70 5 City of Corona (Department of Water and Power) 14 21 16 23 21 2 22 1 120 21 City of Hesperia (Development Services) 8 15 18 15 9 18 9 1 93 9 City of Ontario (Water Department)* 13 19 22 18 14 19 16 1 122 22 City of Redlands (Water Division) 5 9 9 9 3 6 13 1 55 3 City of San Bernardino (Water Department) 7 24 24 20 4 15 12 1 107 12 City of Victorville (Victorville Water District)* 9 18 14 13 2 7 15 19 97 10 Coachella Valley Water District 21 6 25 25 26 26 7 1 137 24 Cucamonga Valley Water District 10 23 17 22 16 3 26 1 118 19 Desert Water Agency* 20 11 12 16 15 9 5 19 107 12
East Valley Water District* 4 10 11 14 13 8 4 19 83 7
Eastern Municipal Water District 17 25 26 26 17 13 16 26 166 26 Elsinore Valley Municipal Water District 18 22 21 17 5 10 8 1 102 11 Hi-Desert Water District 12 8 7 5 11 16 11 1 71 6
Inland Empire Utilities Agency 16 25 23 24 7 4 18 1 118 19 Jurupa Community Services District* 10 13 20 19 23 20 23 19 147 25 Lake Arrowhead CSD 3 2 8 8 6 12 9 1 49 2
Mammoth Community Water District 22 17 4 3 24 25 3 19 117 17 Monte Vista Water District* 15 4 2 7 8 5 25 1 67 4
North Tahoe Public Utility District 24 16 6 4 25 24 14 1 114 15 Rancho California Water District 19 20 19 21 19 11 19 1 129 23 South Tahoe Public Utility District 23 3 15 12 20 23 20 1 117 17 Tahoe City Public Utility District 25 14 4 6 22 22 20 1 114 15 Truckee Donner Public Utilities District 26 5 10 10 18 17 24 1 111 14 West Valley Water District 6 6 13 11 12 14 6 19 87 8
*Original agency list provided by the City of Big Bear Lake (Department of Water and Power) Criteria Comparison Summary
2 Exhibit C
City of Big Bear Lake, Department of Water and Power
Proposed List of Comparators
Total Compensation Study
Agency County Geographic
Proximity
Number of
Service
Connections
FTE Agency
Expenditures
Expenditure
per Capita
FTE to
Service
Connection
Ratio
Median
Household
Income
Median Home
Price
Cost of
Living
Average - %
Above or
Below DWP
Department/Divisions and Services
Provided
City of Big Bear Lake (Department of Water and Power) San Bernardino 0 15,700 36 $6,230,204 $0.40 2.29 $49,519 $238,400 0.00% Water Conservation, Water Distribution, Water Treatment
Big Bear City Community Services District* San Bernardino 4 6,000 40 $7,478,938 $1.25 6.58 $49,519 $238,400 0.00% Water Distribution, Water Treatment City of Corona (Department of Water and Power) Riverside 66 44,330 111 $91,955,870 $2.07 2.50 $73,594 $480,600 16.80% Water Conservation; Water Distribution; Water Treatment
City of Hesperia (Development Services) San Bernardino 48 26,500 139 $32,960,858 $1.24 5.25 $49,726 $269,000 -6.50% Water Distribution, Water Treatment City of Ontario (Water Department)* San Bernardino 64 35,906 191 $50,819,430 $1.42 5.32 $57,544 $438,300 13.20% Water Conservation, Water Distribution, Water Treatment
City of Redlands (Water Division) San Bernardino 40 22,000 62 $20,190,912 $0.92 2.82 $68,956 $408,200 7.30% Water Conservation, Water Distribution, Water Treatment
City of San Bernardino (Water Department) San Bernardino 46 64,000 307 $64,828,095 $1.01 4.80 $41,027 $286,100 7.20% Water Conservation, Water Distribution, Water Treamtent
City of Victorville (Victorville Water District)* San Bernardino 50 35,000 106 $28,510,454 $0.81 3.03 $47,895 $241,800 -10.00% Water Conservation, Water Distribution, Water Treatment
Coachella Valley Water District Riverside 98 20,000 548 $203,456,000 $10.17 27.40 $56,262 $349,300 3.80% Water Conservation, Water Distribution, Water Treatment
Cucamonga Valley Water District San Bernardino 63 48,000 127 $81,383,884 $1.70 2.65 $83,736 $519,600 23.90% Water Distribution, Water Treatment Desert Water Agency* Riverside 93 23,000 76 $34,410,300 $1.50 3.30 $48,126 $404,900 2.20% Water Conservation, Water Distribution, Water Treatment
East Valley Water District* San Bernardino 38 22,048 68 $28,675,000 $1.30 3.08 $55,130 $332,900 1.50% Water Conservation, Water Distribution, Water Treatment
Eastern Municipal Water District Riverside 75 150,000 630 $259,110,700 $1.73 4.20 $54,657 $317,000 13.20% Water Conservation, Water Distribution, Water Treatment
Elsinore Valley Municipal Water District Riverside 84 45,132 164 $47,398,769 $1.05 3.63 $66,032 $351,600 4.80% Water Distribution, Water Treatment Hi-Desert Water District San Bernardino 64 10,000 50 $12,560,091 $1.26 5.00 $44,428 $198,000 -6.80% Water Distribution, Water Treatment Inland Empire Utilities Agency San Bernardino 72 150,000 290 $175,210,000 $1.17 1.93 $75,530 $499,000 14.50% Water Treatment, Recycled water Jurupa Community Services District* Riverside 63 25,500 156 $61,535,868 $2.41 6.10 $63,286 $308,900 17.30% Water Conservation, Water Distribution, Water Treatment
Lake Arrowhead CSD San Bernardino 28 15,165 56 $16,573,770 $1.09 3.66 $67,949 $391,200 6.50% Water Conservation, Water Distribution, Water Treatment
Mammoth Community Water District Mono 309 3,660 43 $9,322,994 $2.55 11.75 $62,308 $683,100 1.30% Water Conservation, Water Distribution, Water Treatment
Monte Vista Water District* San Bernardino 68 13,172 35 $16,090,351 $1.22 2.66 $54,192 $443,900 21.20% Water Conservation, Water Distribution, Water Treatment
North Tahoe Public Utility District Placer 465 3,927 46 $11,851,730 $3.02 11.71 $81,717 $861,700 9.60% Water Distribution, Water Treatment Rancho California Water District Riverside 88 40,000 146 $76,761,322 $1.92 3.65 $87,115 $477,800 15.20% Water Conservation, Water Distribution, Water Treatment
South Tahoe Public Utility District El Dorado 445 14,100 107 $27,400,000 $1.94 7.55 $45,223 $452,100 16.10% Water Conservation, Water Distribution, Water Treatment
Tahoe City Public Utility District Placer 473 5,726 43 $12,900,000 $2.25 7.51 $45,223 $452,100 16.10% Water Conservation, Water Distribution, Water Treatment
Truckee Donner Public Utilities District Nevada 478 12,900 66 $22,565,000 $1.75 5.12 $89,154 $629,300 19.30% Water Conservation, Water Distribution, Water Treatment
West Valley Water District San Bernardino 44 20,000 85 $25,986,474 $1.30 4.25 $54,962 $365,400 -2.50% Water Conservation, Water Distribution, Water Treatment
*Original agency list provided by the City of Big Bear Lake (Department of Water and Power) Alpha Sort-All Criteria
3 Exhibit C
ATTACHMENT 6
DWP Exhibit D
Market
Compensation
Data Summary
City of Big Bear Lake, Department of Water and Power - Market Compensation Data (sorted by Total Compensation) December 2019
Rank Comparator Agency Classification
Title Top Step Benefits Package
Total
Monthly
Comp
Salary
Effective
Date
Next Salary
Increase
Next
Percentage
Increase
1 City of Big Bear Lake Council Member $ 500 $ 2,261 $ 2,761 12/12/2016 unknown unknown 2 Big Bear Municipal Water District Board Member $ 633 $ 1,512 $ 2,145 unknown unknown unknown 3 Big Bear Area Regional Wastewater Agency Board Member $ 900 $ 0 $ 900 10/23/2013 unknown unknown 4 Big Bear City Community Services District Board Member $ 900 $ 0 $ 900 unknown unknown unknown 5 City of Big Bear Lake, Department of Water and Power Board Member $ 400 $ 21 $ 421 6/22/2019 unknown unknown 6 Big Bear Airport Board Member $ 400 $ 0 $ 400 5/9/2018 unknown unknown Top Monthly Total
Monthly
Insuff. Data Insuff. Data
Insuff. Data Insuff. Data
Insuff. Data Insuff. Data
Insuff. Data Insuff. Data
5 5
Median of Comparators
% City of Big Bear Lake, Department of Water and Power Above/Below Number of Matches
N/C - Non Comparator
Board Member
Summary Results
Average of Comparators
% City of Big Bear Lake, Department of Water and Power Above/Below Exhibit D
ATTACHMENT 7
DWP Exhibit E
Koff & Associates
Recommendation
Exhibit E
ATTACHMENT 8
DWP Exhibit F
Resolution No.

DWP 2021-07
C! c-11', . 1 ,'/L_· /--f1 CTM Srn I '1:::t, nrr7L _g l,O <, I ( f? Lt AYES: ·u vv ·; J I I ; ,J NOES:

ABSTAIN:

ABSENT:

Leeanne Eagleson, Secret
DWP Board of Commissioners
Robert Tarras, Chair
DWP Board of Commissioners
Exhibit F
RESOLUTION NO. DWP 2021-07

A RESOLUTION OF THE BOARD OF WATER AND POWER COMMISSIONERS

OF THE CITY OF BIG BEAR LAKE, DEPARTMENT OF WATER AND POWER,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,

REGARDING INCREASING THE COMPENSATION FOR THE MEMBERS OF

THE BOARD OF WATER & POWER COMMISSIONERS
WHEREAS, the City of Big Bear Lake was incorporated on November 28, 1980; and WHEREAS, the City of Big Bear Lake did adopt its Charter in 1982; and WHEREAS, the electors of the City did in 1985 adopt an amendment to that Charter which created the City of Big Bear Lake, Department of Water and Power (DWP); and WHEREAS, Section 804 of the Charter provides that the members of the commissions and agencies of the City shall receive such compensation as may be specified by the City Council; and
WHEREAS, the City of Big Bear Lake Department of Water and Power Board awarded an agreement with Koff & Associates (Koff) for a Classification and Total Compensation Study (Study); and
WHEREAS, the Board has reviewed and discussed Koffs Market Compensation Findings Detail for Board Members compensation;
NOW, THEREFORE BE IT RESOLVED that the Board of Water and Power Commissioners of the City of Big Bear Lake, Department of Water and Power does hereby request the City Council of the City of Big Bear Lake to review and consider increasing the Board of Commissioner's compensation to $600 per month ..

PASSED, APPROVED, and ADOPTED this 23
rd day of February 2021.

ATTACHMENT 9
DWP Exhibit G
CPI Data
CPI-Urban Wage Earners and Clerical Workers (Current Series) Series Id:

Series Title:

Area:

Item:

Base Period:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2002 171.500 172.800 173.800 174.800 175.400 174.700 175.000 175.600 176.300 176.500 177.000 176.700 175.000 173.800 176.200 2003 177.800 179.600 181.600 180.900 179.900 179.600 179.600 180.500 181.900 181.200 180.500 180.200 180.300 179.900 180.700 2004 181.700 183.400 184.900 185.200 186.800 187.400 186.800 186.500 187.800 189.800 190.300 188.500 186.600 184.900 188.300 2005 188.500 190.300 192.100 194.200 194.600 193.700 194.600 196.400 199.000 200.000 198.400 196.500 194.900 192.200 197.500 2006 198.300 199.900 200.800 202.900 205.000 204.200 204.500 205.000 205.300 203.500 203.300 202.900 203.000 201.900 204.100 2007 204.498 206.632 208.929 210.195 211.145 209.614 209.444 209.240 209.849 211.259 212.844 212.282 209.661 208.502 210.820 2008 213.825 214.231 216.493 217.914 219.702 222.435 223.245 221.230 220.285 218.726 214.083 211.007 217.765 217.433 218.096 2009 212.454 213.234 213.013 213.405 214.446 216.145 216.128 216.628 217.302 217.474 216.618 216.233 215.257 213.783 216.730 2010 217.290 217.090 218.157 218.475 218.787 218.222 218.367 218.752 218.427 219.339 218.694 219.619 218.435 218.004 218.866 2011 221.540 222.814 225.770 227.051 226.842 225.461 224.277 224.665 226.096 226.116 225.786 224.444 225.072 224.913 225.231 2012 226.245 227.585 230.281 230.023 230.180 228.917 228.446 230.229 231.085 233.431 230.426 228.940 229.649 228.872 230.426 2013 230.651 232.983 233.200 232.030 232.387 232.378 232.190 232.245 232.817 232.735 231.598 231.594 232.234 232.271 232.197 2014 232.578 233.886 235.500 235.717 236.647 236.880 236.963 236.504 236.451 235.921 233.896 232.330 235.273 235.201 235.344 2015 231.063 232.975 235.991 235.697 238.816 237.792 239.889 238.755 237.324 237.472 237.190 236.787 236.646 235.389 237.903 2016 238.609 238.262 239.146 239.536 240.320 240.522 240.580 240.267 240.851 241.932 240.809 240.846 240.140 239.399 240.881 2017 242.735 244.254 244.932 245.417 246.153 245.900 246.681 247.260 248.550 249.234 249.680 249.854 246.721 244.899 248.543 2018 251.789 253.243 254.451 255.379 256.652 256.208 256.632 257.318 258.246 259.899 259.064 258.101 246.415 254.620 258.210 2019 259.182 259.734 261.278 264.469 265.283 264.640 265.012 264.687 266.517 269.314 268.041 266.274 264.536 262.431 266.641 2020 268.127 268.938 266.964 265.930 267.007 268.118 270.012 270.563 270.257 270.864 270.695 270.167 268.970 267.514 270.426 2021 271.129 272.816 274.097 277.126 279.139 280.687 282.271 282.691 283.191 285.973 287.94 Board COLA Calculations
Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May AVE. $ 400.00 FY06 1.03362 1.04176 1.05308 1.05964 1.05374 1.04256 1.04244 1.05199 1.05045 1.04529 1.0448 1.05344 1.04773 $ 419.09 FY07 1.05421 1.05087 1.04379 1.03166 1.0175 1.0247 1.03257 1.03126 1.03368 1.04048 1.03595 1.02998 1.03555 $ 433.99 FY08 1.02651 1.02418 1.02068 1.02216 1.03813 1.04695 1.04624 1.04561 1.03678 1.0362 1.03672 1.04053 1.03506 $ 449.21 FY09 1.06116 1.06589 1.0573 1.04973 1.03535 1.00582 0.99399 0.99359 0.99535 0.98393 0.97931 0.97608 1.01646 $ 456.60 FY10 0.97172 0.96812 0.9792 0.98646 0.99428 1.01184 1.02477 1.02276 1.01808 1.02415 1.02376 1.02024 1.00378 $ 458.33 FY11 1.00961 1.01036 1.0098 1.00518 1.00858 1.00958 1.01566 1.01956 1.02637 1.0349 1.03925 1.03682 1.01881 $ 466.95 FY12 1.03317 1.02706 1.02703 1.03511 1.0309 1.03243 1.02197 1.02124 1.02141 1.01998 1.01309 1.01472 1.02484 $ 478.55 FY13 1.01533 1.01859 1.02477 1.02207 1.03235 1.02055 1.02003 1.01947 1.02372 1.01268 1.00873 1.00959 1.01899 $ 487.63 FY14 1.01512 1.01639 1.00876 1.0075 0.99702 1.00509 1.01159 1.00835 1.00388 1.00986 1.01589 1.01833 1.00981 $ 492.42 FY15 1.01937 1.02056 1.01834 1.01561 1.01369 1.00992 1.00318 0.99349 0.9961 1.00208 0.99992 1.00917 1.00845 $ 496.58 FY16 1.00385 1.01235 1.00952 1.00369 1.00657 1.01408 1.01918 1.03266 1.02269 1.01337 1.01629 1.0063 1.01338 $ 503.23 FY17 1.01148 1.00288 1.00633 1.01486 1.01878 1.01526 1.01714 1.01729 1.02515 1.02419 1.02455 1.02427 1.01685 $ 511.70 FY18 1.02236 1.02536 1.02911 1.03197 1.03018 1.03684 1.0374 1.0373 1.0368 1.03886 1.04059 1.04265 1.03412 $ 529.16 FY19 1.04192 1.04034 1.04068 1.03901 1.04279 1.03758 1.03301 1.02936 1.02563 1.02683 1.03559 1.03363 1.03553 $ 547.97 FY20 1.03291 1.03265 1.02864 1.03203 1.03623 1.03465 1.03167 1.03451 1.03544 1.02176 1.00552 1.0065 1.02771 $ 563.15 FY21 1.01314 1.01887 1.0222 1.01403 1.00576 1.0099 1.01462 1.0112 1.01442 1.02672 1.0421 1.04544 1.01987 $ 574.34 FY22 1.04688 1.0454 1.04483 1.04786 1.05578 1.06371 1.05074 (6-Months) $ 603.48 The COLA adjustment has averaged 5.074% for the last six months. Assuming that trend continues through May of 2022, the adjusted compensation will be as follows: $574.34 X 1.05074 = $603.48.

All items
1982-84=100
Los Angeles - Long Beach - Anaheim, CA
Original Data Value
CWURA421SA0
Not Seasonally Adjusted
All items in Los Angeles-Long Beach, Anaheim CA, urban wage earners and clerical workers, not seasonally adjusted Exhibit G
ATTACHMENT 10
DWP Exhibit H
September 2021
DWP Comparison
of Water Agency
Board
Compensation
Annual Average
Regular Pay
Annual Average
Benefits
Total Annual
Average Pay +
Benefits
Year of
Transparent CA
Data
Monthly
Compensation COLA / Increases Per Board Meeting Special Meetings Emergency Meetings Committee
Meetings
Scheduled Sept
Meetings
Elsinore Valley Municipal Water
District
Director $23,726 $22,737 $46,463 2017 max $2214.70 $221.43 $221.43 $221.43 $221.43 4 + outside Desert Water Agency Director $18,474 $14,226 $32,700 2020 $389.75 $389.75 $389.75 $389.75 4 West Valley Water District Director $16,424 $15,803 $32,227 2019 varies 5% annually $169.79 $169.79 $169.79 $169.79 11 Monte Vista Water District Director $21,100 $10,319 $31,419 2018 max $1000 max of 5% annually
$100.00 $100.00 $100.00 $100.00 3
East Valley Water District Director $15,570 $11,007 $26,577 2019 max $1000 $100.00 $100.00 $100.00 $100.00 3 Hi Desert Water District Director $10,955 $14,038 $24,993 2019 max $1750 $175.00 $175.00 $175.00 $175.00 8 City of Victorville City Council $11,314 $8,459 $19,773 2019 no response at time of submission
City of San Bernardino Municipal
Water Department
Commissioner $0 $17,900 $17,900 2019 no response at
time of submission
2 City of Hesperia1 City Council $6,088 $5,402 $11,490 2019 max $600 for Water District
$100.00 $100.00 $100.00 $100.00
City of Redlands City Council $4,850 $3,546 $8,396 2019 no response at time of submission
Big Bear City Community Services
District
Director $4,560 $0 $4,560 2019 $150 per
meeting
$150.00 $150.00 $150.00 $150.00 4
City of Big Bear Lake, Department
of Water and Power
Commissioner $3,600 $135 $3,735 2019 $400 flat stipend 1 Lake Arrowhead Community
Services District
Director $868 $0 $868 2019 max $600 $100.00 $100.00 $100.00 $100.00 2 $20,085
September 2021 Comparable Water Agency Board Compensation Transparent California Data Data Per Agency Website / Resolutions Average Annual Total Comp. =
Exhibit H
ATTACHMENT 11
DWP Exhibit I
Board
Compensation
Binder
BIG BEAR LAKE, DEPT. OF WATER & POWER

COMPARABLE AGENCY BOARD COMPENSATION
SEPTEMBER 2021
Exhibit I
Annual Average
Regular Pay
Annual Average
Benefits
Total Annual
Average Pay +
Benefits
Monthly
Compensation
COLA /
Increases
Per Board
Meeting
Special
Meetings
Emergency
Meetings
Committee
Meetings
Scheduled
Sept Meetings
Elsinore Valley Municipal Water
District
Director $23,726 $22,737 $46,463 max $2214.70 $221.43 $221.43 $221.43 $221.43 4 + outside Desert Water Agency Director $18,474 $14,226 $32,700 $389.75 $389.75 $389.75 $389.75 4 West Valley Water District Director $16,424 $15,803 $32,227 varies 5% annually $169.79 $169.79 $169.79 $169.79 11 Monte Vista Water District Director $21,100 $10,319 $31,419 max $1000 max of 5% annually
$100.00 $100.00 $100.00 $100.00 3
East Valley Water District Director $15,570 $11,007 $26,577 max $1000 $100.00 $100.00 $100.00 $100.00 3 Hi Desert Water District Director $10,955 $14,038 $24,993 max $1750 $175.00 $175.00 $175.00 $175.00 8 City of Victorville City Council $11,314 $8,459 $19,773 no response at time of submission
City of San Bernardino Municipal
Water Department
Commissioner $0 $17,900 $17,900 no response at time
of submission
2 City of Hesperia City Council $6,088 $5,402 $11,490 max $600 for Water District
$100.00 $100.00 $100.00 $100.00
City of Redlands City Council $4,850 $3,546 $8,396 no response at time of submission
Big Bear City Community Services
District
Director $4,560 $0 $4,560 $150 per meeting $150.00 $150.00 $150.00 $150.00 4 City of Big Bear Lake, Department
of Water and Power
Commissioner $3,600 $135 $3,735 $400 flat stipend 1
Lake Arrowhead Community Services
District
Director $868 $0 $868 max $600 $100.00 $100.00 $100.00 $100.00 2 Data Per Agency Website / Resolutions
September 2021 Comparable Water Agency Board Compensation Transparent California Data
Exhibit J

ELSINORE VALLEY MUNICIPAL WATER DISTRICT

LAKE ELSINORE, CA
Exhibit J
....

Name Job title Regular P-<l'l Overtime. P-av. Other P-oY- Total P-<l'l Benefits Total Ra~
benefits
Board of Directors
Ryan, Harvey_B $24,223.59 S0.00 S0.00 S24,223.59 $29,685.60 S53,909.19 =isinore Va e. • 1,;nic i;ia Water D strict, 20 ~ 7
Board of Directors
Morris, Andrew W. $23,094.45 S0.00 S0.00 523,094.45 529,685.60 $52,780.05 =is1nore \'a e 1 • urur pa Water D strict. 20: 7
Board of Directors
Ca rnbero, Georg,g $23,940.18 S0.00 S0.00 S23,940.18 521,885.00 $45,825.18 '.=lsinore \/c. .ey Munrc Q·3 'l•i3te-r D-strict 20: 7
Board of Directors
V✓illia ms,. Phil R. $23,962.92 S0.00 S0.00 S23,962.92 $18,518.28 $42,481.20 :"ls1nor;;_'{a, ex t·· 1,;r,1c i;,,a 'Sater C strict 20: 7 Board of Directors
Horton, Nancy_,_ $23,408.88 S0.00 S0.00 523,408.88 $13,911.84 $37,320.72 =1s1norc Ve :::·~- '·'un1c £13 1/)3ter D strict :'.O:"
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Agency Report of:

Public Official Appointments A Public Document

1. Agency Name
Elsinore Valley Municipal Water District
Division, Department, or Region (If Applicable)
Designated Agency Contact (Name, Title)
Terese Quintanar, District Secretary/Administrative Services Supervisor Area Code/Phone Number
(951) 674-3146
E-mail
[email protected]
California 8 Q 6
Form
For Official Use Only
Date Posted:

Page_1 __ of 3 Dec4,2020
(Month, Day, Year)

2. Appointments
Agency Boards and
Commissions Name of Appointed Person
Appt Date and
Length of Term
Per Meeting/Annual Salary/Stipend
Local Agency Formation
Commission
Williams, Phil ►Name ..,,....,..,,,...,,.. _
(Last, First)
Alternate, if any _
(Last, First)
► ~/ ~/ ~
ApptDate
► 4 years
Length or Te,m
► Per Meeting: $------
175.00
► Estimated Annual:

Ill $0-$1,000 □ $2,001-$3,000
□$1,001-$2,000 □----- Other
Lake Elsinore/San Jacinto
Watershed Authority
Williams, Phil
►Name------~~~a~~Fm=-i -----
Alternate, if any _
(Last, First)
► ~/ ~/ ~
App/Date
► 4 years
Length of Tenn
► Per Meeting: $ _
200.00
► Estimated Annual:

Ill $0-$1,000 □ $2,001-$3,000
0 $1,001-$2,000 □ ----- Other
Meeks and Daley Water
Company
Morris, Andy and Burke, Darcy ►Name------~~~as~~F~~~,,------ Alternate, if any _
(Last, First)
► 12 / 10 / 20
----
Appl Date
--
1 year
►------ Length of Term -
► Per Meeting: $------
100.00
► Estimated Annual:

Ill $0-$1,000 □ $2,001-$3,000
□$1,001-$2,000 □----- Other
EVMWD Standing
committees, group and
local meetings. See page
2 lisitng all meetings
compensated by
EVMWD
Burke, McBride, Morris, Ryan and
►Name_W_i_lli_a_m_s __ _,,
1L
,...,.,,..
ast,
.,,,...,,
First)
,-------
Alternate, if any _
(Last, First)
► ~/
A
~
pp/Date
~
►------ Length of Tenn -
► Per Meeting: $------
221.43/232.50
► Estimated Annual:
□ $0-$1,000 □ $2,001-$3,000
D$1,001-$2,000 Ill 1o,ooo
Other

3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief. ()§/;,,",~ ···· Greg Thomas EVMWD General Manager Dec 4, 2020 Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Comment: See pg 2 and 3 list of paid meetings for Darcy Burke, Jared McBride, Harvey Ryan, Phil Williams and Andy Morris _ FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Exhibit J
EVMWD Administrative Code Section 500
G Directors' Matrix for 2021:

Activity/Description Eligibility 1 Annointed Rep(s)
2 1 Regular Board meeting All Directors
2 Special Board meeting or Study Session All Directors
3 Adjourned Board meeting All Directors
4 Board Study Session All Directors
5 Ad Hoc Committees Appointed by Board President
6 ACW A Conference All Directors
7 CASA Conference All Directors
8 ACW A Region 9 / Region 9 activities Ryan, Williams -Alt/ All Directors 9 ACWA/JPIA (Williams, Ryan-Alt)
10 Board committees
Finance & Administration (F AC) (FAC, Williams, Ryan)
Engineering & Operations (E&OC) (E&OC, McBride, Ryan)
Legislation, Conservation & Outreach (LCOC) (LCOC, Ryan, Williams) Water Planning (WPC) (WPC, Morris, Burke)
11 California Municipal Utilities Association (CMUA) Meetings All Directors 12 CA-NV American Water Works Association (CA-NV A WW A) Meetings All Directors 13 California Special Districts Association (CSDA) Meetings All Directors 14 Canyon Lake City Council (Burke, Williams-Alt)
15 Canyon Lake POA / Canyon Lake Group Meeting (Burke, Williams-Alt) 16 Eastern M.W.D. Group (McBride, Ryan)
17 Bedford-Coldwater Groundwater Sustainability Agency (BCGSA) JPA (Williams) 18 Inspection Tours (e.g., Colorado River Aqueduct, Diamond Valley Lake, other) All Directors 19 Local Agency Formation Commission (LAFCO) (Williams) 20 L.E. Chamber Student of the Month and Student of the Year (Ryan, McBride - Alt) 21 Lake Elsinore City Council (Williams, Ryan) attendees alternate Monthly
22 Lake Elsinore City Group (Ryan, Williams)
23 Lakeland Village Community Advisory Council (McBride, Williams - Alt) 24 LESJWA (Williams, Morris-Alt)
25 LEUSD School Board (McBride, Morris)
26 Meeks & Daley Water Co. (Morris, Burke)
27 Meetings, Summits or Conferences with elected officials and/or agency All Directors representatives, SAWPA, Chambers of Commerce, POA's or HOA's regarding matters within the subject matter jurisdiction of the District (Attendees must be listed on or attached to the Days of Service Report Form) 28 Murrieta Student of the Month (Morris, Ryan- Alt)
29 Metropolitan Water District of So. Cal. (MWD) Meetings All Directors 30 Murrieta City Council (Morris)
31 National Water Resources Association Conferences All Directors 32 Quail Valley Environmental Coalition (Burke Williams - Alt) 33 Rancho California W.D. Group (Morris, Williams)
34 Rancho - Western- SRRRA (Santa Rosa JPA) (Morris, Williams-Alt) 35 Temescal MAC (Williams, McBride)
36 Urban Water Institute, Inc. (Burke)
37 Western M.W.D. Group (Morris, Burke)
Last Revision: 12/10/20
Exhibit J
Section 500 EVMWD Administrative Code
38 Wildomar City Council (Morris, McBride) - attendees alternate monthly
39 Wildomar City Group Meeting (McBride, Morris)
I. Advance approval by the Board is not required except when the activity or meeting will cost in excess of $500 per participant.

2. Representatives in (parenthesis) have been appointed by the Board of Directors. 2 Last Revision: 12/10/20
Exhibit J

DESERT WATER AGENCY

PALM SPRINGS, CA
Exhibit J
Name Job title Regular P-a'l Overtime r-ay Other f!oY. Total P-<lY: Benefits Total P-oY. &
benefits
Board Member
Kristin Bloomer $22,215.75 S0.00 $0.00 $22,215.75 S19,524.27 $41,740.02 Des_ert: i,va:er ,.;;ienc•,•, 2020
Board Member
James Cioffi $18,708.00 S0.00 $0.00 $18,708.00 S19,524.27 S38,232.27 P~sert V.,
1a:er Agency, 20~0
Board Member
Patricia Qy_gar $8,964.25 SO.OD $0,00 $8,964.25 S22,895.76 S31,860.01 Des ert V.ra":.e:r .~.gcncy, 2020
Board Member
JoseRh Stuart $25,333, 75 S0.00 $0.00 $25,333.75 S953.88 S26,.287 .63 Desert 'Wa:er .. ~genC'i, 2020
Board Member
Craig Ewing $17,149.00 $0.00 $0,00 $17,149.00 S8,232.84 525,381.84 Desert_ 'v".'a:::er ~.gene~'.• 2020
Board Member
Paual O rteg~ $0.00 S0.00 :$0.00 $0.00 S0.00 SO.OD
Dcse~ 'i.Na:e~ _..,:.,;J:cnc•r, 2020
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Agency Report of:

Public Official Appointments A Public Document

1. Agency Name
Desert Water Agency
Division, Department, or Region (If Applicable)
Designated Agency Contact (Name, Title)
Sylvia Baca, Asst. Secretary of the Board
Area Code/Phone Number
760-323-4971
E-mail
[email protected]
California 806
Form
For Official Use Only

--- ---
Date Posted:
03/04/21
(Month, Day, Year)

2. Appointments
Agency Boards and
Commissions
Name of Appointed Person
Appt Date and
Length of Term
Per Meeting/Annual Salary/Stipend
Desert Water Agency -
Executive Committee Bloomer, Kristin ►Name -------::/L-as.,.t,""Fir""' st),------- Stuart, Joseph K. Alternate, if any _
(Last, First)
► ~I~~
ApptDate
2 years ►------ Length of Term
-
389.75 ► Per Meeting: $------
► Estimated Annual:
□$0-$1,000 □ $2,001-$3,000
□$1,001-$2;000 jg)
-----
$5,000
Other
Desert Water Agency
Executive Committee ►Name Cioffi, James .,....,.....,... _ (Last, First)
Ortega, Paul Alternate, if any _
/Last, First)
► 01 / 14 / 21
---
Appl
-
Date
--
►_,_ 2 years _
Length of Term
389.75 ► Per Meeting: $ _
► Estimated Annual:
□ $0-$1,000 □ $2,001-$3,000
□$1,001-$2,000 jg)
-----
$5,000
other
Desert Water Agency
Finance Committee
Stuart, Joseph K. ►Name-------,,- /Las
.,..,,, t, First ..,,.. ) ------
Cioffi, James Alternate, if any _
(Last, First)
► ~/ ~/ ~ ► Per Meeting: $---
3 -
8 -
9 -·
7 _
5 _
Appl Date
2 years ►------ Length of Term
-
► Estimated Annual:
~ $0-$1,000 0 $2,001-$3,000
□$1,001-$2,000 0 ---Ot-ha_r __
Desert Water Agency
Finance Committee ►N Bloomer, Kristin ame ..,,..,.,..,,,.,... _ (Last, First)
Ortega, Paul Alternate, if any _
/Last, First)
► Per Meeting: $
389.75
► 01 / 14 / 21
----
App/Date
--
► Estimated Annual:
► 2 years ~$0-$1,000 □ $2,001-$3,000
Length of Term
0 $1,001-$2,000 □ other

3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.

Mark S. Krause General Manager 03/03/21
Signature of Agency Head or Designee Print Name Title (Month, Day, Year) Comment: _
FPPC Form 806 (1118)
FPPC Toll-Free Helpline: 866IASK-FPPC (8661275-3772)
Exhibit J
Agency Report of:

Public Official Appointments
Continuation Sheet
California 806
Form
A Public Document
Page _2_ of _2_

1. Agency Name
Desert Water Agency Date Posted: _..,,.,..
0 _,,
3 ,...
1 .,..
04 _/_,,
2 .,..
1 ....,.._
(Month, Day, Year)

2. Appointments
Agency Boards and Name of Appointed Person Appt Date and Per Meeting/Annual Salary/Stipend Commissions Length of Term Desert Water Agency
Bloomer, Kristin
389.75
Human Resources ►Name ►
01 / 14 / 21 ► Per Meeting: $
------ Committee (Last, Flm) Appl Oata ► Estimated Annual:

Stuart, Joseph K. 2 years (81 $0-$1,000 0 $2,001-$3,000 Alternate, if any
(Last, Fin,/) ► Length or Term □ $1,001-$2,000 □ Other
Desert Water Agency 389.75
Human Resources Cioffi, James ___E_!__ t ~/ ~
► Per Meeting: $ ►Name ► Committee (Last, Flm) Appl Date ► Estimated Annual:

Ortega, Paul 2 years (81 $0-$1,000 0 $2,001-$3,000
Alternate, if any
(Last, F/n,t) ► Length or Term 0 $1,001-$2,000 □ other
Desert Water Agency
Cioffi, James
389.75
Conservation & Public ►Name ► ___E_!__ t ~ _3_!_ ► Per Meeting: $ Affairs Committee (Last, Flm/ App/Oate ► Estimated Annual:

Bloomer, Kristin 2 years (81 $0-$1,000 □ $2,001-$3,000
Alternate, if any
(Last, Fin,/) ► Length of Term □ $1,001-$2,000 □ Other
Desert Water Agency Ortega, Paul ___E_!_t ~/ ~
► Per Meeting: $ 389.75
Conservation & Public ►Name ►
Affairs Committee
(Last, First) App/Date ► Estimated Annual:

Stuart, Joseph K. 2 years (81 $0-$1,000 □ $2,001-$3,000 Alternate, if any
(Last, Fifllt) ► Length of Term 0 $1,001-$2,000 □ Other Association of CA Water 389.75
Agencies/JP IA ►Name
Cioffi, James ► __ / __ / __ ► Per Meeting: $
(Last, First) App/Date ► Estimated Annual:
(81 $0-$1,000 □ $2,001-$3,000
Alternate, if any
(Last, Fin,t/ ► Length of Term 0 $1,001-$2,000 □ Other
National Water 389.75
Resources ►Name
Cioffi, James ► _/_/_
► Per Meeting: $
Association/Groundwater (Last, First/ Appl Date ► Estimated Annual:

Taskforce Committee (81 $0-$1,000 □ $2,001-$3,000
Alternate, if any
(Last, First) ► Length of Term □ $1,001-$2,000 □ Other
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Exhibit J

WEST VALLEY WATER DISTRICT

RIALTO, CA
Exhibit J
....

Name Job title Regular P-a¥ Overtime P-clY- Other pay: Total P-aY. Benefits Total P-clY: &
benefits

BOARD OF DIRECTORS
KY.le Crowther 519,032.16 S0.00 $0.00 519,032.16 S20,186.80 $39,218.96 \:\'~st '/,:;JJe_·,;' '_'.;3tcr :.11stnct, ::019

BOARD OF DIRECTORS
Clifford Young $18,393.45 S0.00 50.00 S18,393.45 S19,571.22 $37,964.67 \'/est Valley 'Nater J1str1c:1 2019

BOARD OF DIRECTORS
Michael TaY.lor $19,525.35 S0.00 $0.00 $19,525.35 S17,387.60 $36,912.95 \;'lest Valley ,\i'ater J1stnc:
1 2019

BOARD OF DIRECTORS
Donald Olinger 517,544.50 S0.00 $0.00 $17,544.50 S13,236.30 $30,780.80 '>/,'est Valle,. '/o/ater ::llstrict, 2019

BOARD OF DIRECTORS
Gregory Young 57,624.17 S0.00 $0.00 S7,624.17 S8,632. 70 $16,256.87 ,':est '/a_l,,;_z Water J1stnc:. 2019
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,•,
ORDINANCE NO. 86

AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE WEST VALLEY WATER DISTRICT AMENDING ORDINANCE NO. 85

WITH RESPECT TO COMPENSATION AND POLICIES RELATED TO BOARD

ACTIVITIES
Whereas, Section 20202 of Division 10 of the California Water Code states that compensation to be received by members of the governing board of a water district may be increased each calendar year in an amount equal to 5 percent following the operative date of the last adjustment;
Whereas, the governing board of the West Valley Water District ("District") increased its compensation pursuant to Water Code Section 20200 et seq. on October 1, 2016; and Whereas, the District held a duly noticed Public Hearing concerning the increase of compensation to One Hundred Sixty-One Dollars and Seventy Cents ($161.70) on August 2, 2018;and
Whereas, the increase in compensation to the governing board of the District shall increase automatically by 5 percent each calendar year on October 15 th of each year.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE WEST VALLEY WATER DISTRICT DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Superseding the Previous Enactments.

Ordinance No. 85 and all other previously enacted ordinances providing for Board of Directors compensation are hereby superseded by this Ordinance.

ARTICLE 100. MEETINGS
101. REGULAR BOARD MEETINGS. The regular meeting of the Board of Directors of West Valley Water District ("Board of Directors") shall be held at 6:00 p.m. on the first and third Thursday of each month. Business shall be conducted in accordance with Division 12 of the Water Code of the State of California and Section 54954 of the Government Code of the State of California and all other codes pertaining thereto, as well as any proceedings adopted by the Board of Directors not inconsistent therewith.
102. SPECIAL BOARD MEETINGS. Special meetings of the Board of Directors may be called in accordance with Government Code Section 54956 of the State of California. 103. EMERGENCY MEETINGS. Emergency meetings of the Board of Directors may be called in accordance with Govermnent Code Section 54956.5 of the State of California. 104. COMMITTEE MEETINGS. To assist the Board of Directors in its deliberations for establishing policies of West Valley Water District ("DistTict"), it is deemed beneficial to have standing committees or ad hoc committees of the Board of Directors made up of not more than two (2) members of the Board of Directors, who shall develop recommendations to be considered by the Board of Directors for establishing policy by working independently or with staff. The Exhibit J
committee chairperson shall be appointed by the President of the Board with the consent of the full Board of Directors.
105. OUTSIDE MEETINGS. Members of the Board of Directors (singularly, "Director" and collectively, "Directors") may attend outside meetings to educate and inform such Directors regarding issues affecting the District and the water industry and to make others aware of the activities concerning the District. Periodically the Board President and/or the Board of Directors may ask a Director to represent the District at an outside meeting or perform another duty for the District. For purposes of this Ordinance, the term "Outside Meeting(s)" shall mean any meeting, activity, conference, seminar, workshop, facility tour and other like or similar . events, including webina:rs and conference calls, except for the meetings listed in Sections 101 through 104. Except as provided in Section 106, a Director may attend any Outside Meeting.

However, the District shall compensate a Director for only those Outside Meetings approved in Section 203.
106. PRESIDENT OF THE BOARD. It is in the best interests of the District for the President of the Board of Directors to periodically meet with District staff and represent the District at Outside Meetings with other elected officials of other public agencies, as well as other functions pertaining to the District or the water industry. The President is authorized to attend all Outside Meetings pertaining to the water industry that is in the good faith belief of the President of the Board of Directors to be in the best interests or of benefit to the District.

ARTICLE 200. DIRECTOR COMPENSATION
Each Director shall be compensated for attending District related meetings and functions as follows:
201. BOARD MEETINGS. Each Director shall receive One Hundred Sixty-Nine Dollars and Seventy Nine Cents ($169.79) for attending a regular board meeting of the Board of Directors, a special board meeting of the Board of Directors, an emergency meeting of the Board of Directors or an adjourned regular, emergency or special meeting of the Board of Directors. Compensation shall be increased 5% every year on October 15th. 202. COMMITTEE MEETINGS. In the event a committee is established pursuant to Section 104, each Director appointed to such committee (l'Committee Member") shall receive One Hundred Sixty-Nine Dollars and Seventy Nine Cents ($169.79) for attending a meeting. For purposes of this Ordinance, 'travel time" is computed to and from the Director's main residence or place of employment, whichever is applicable for attendance at any District function.
203. OUTSIDE MEETINGS. Directors shall be compensated for Outside Meetings as follows:
(a) Attached hereto as Schedule ''.A" is a list of Outside Meetings any Director may attend. If a Director attends an Outside Meeting listed on Schedule ''.A" such Director shall be compensated in accordance with subsection ( d) below.

I
I I
(b) Attached hereto as Schedule "B" is a list of Standing Committee Meetings of Exhibit J
the Board of Directors and the designated Directors for each Committee.

Attached hereto as Schedule "C" is a list of Outside Meetings of the Board of Directors and the designated Director for ea.ch Meeting. Each Outside Meeting listed on Schedule "C" sets forth a primary representative and alternate representative.
(c) Except as set forth in Section 204, Directors shall not represent the Board of Directors at any functions of organizations not listed on Schedule "A 11, 11B 11
without the prior approval of the Boa.rd.
(d) In the event a Director attends an Outside Meeting pursuant to subsections (a), (b), or (c), above, the Director shall receive: One Hundred Sixty-Nine Dollars and Seventy Nine Cents ($169.79) and in addition to the foregoing, to accommodate a reasonable travel time to and from authorized Outside Meetings, a Director may be compensated for up to one (1) day of travel, the day before all Meetings are to occur and up to one (1) day after the Meeting is concluded, provided that the Meeting is greater than seventy-five (75) miles from the District's headquarters.
( e) If a Director wishes to attend an Outside Meeting or Conference not listed on Schedule "A", "B", or "C" or covered under Section 204 (f); the Director must receive prior approval from the full Board. The Director shall provide details of the meeting including the dates, agenda, estimated costs, and how attendance will benefit the District to the General Manager who will place the request on the next regular meeting agenda as a business item for consideration. (f) A Director shall be able to attend meetings with staff, consultants, elected officials from other Districts, or local community events or function and claim it as an "Outside Meeting" as- long as they work with Board Secretary on providing an agenda and topic of discussion or flyer for transparency documentation. 204. Board of Directors will be reimbursed for any expenses incurred during the course of conducting District business with other elected officials, District employees and consultants.
205. COMPENSATION LIMITATIONS. Section 20202 of Division 10 of the California Water Code states:
, I
11 In any ordinance adopted pursuant to this chapter to increase the amount of compensation which may be received by members of the governing board of a water district above the amount of one hundred dollars ($100.00) per day, the increase may not exceed an amount equal to 5 percent, for each calendar year following the operative elate of the last adjustment, of the compensation which is received when the ordinance is adopted.

No ordinance adopted pursuant to this chapter shall authorize compensation for more than a total of ten (10) days in any calendar month.
11 There shall be no compensation for attending
meetings or performing other duties for the District on the same day as Board of Directors meetings.

Exhibit J
The compensation to the governing board of the West Valley Water District shall automatically increase by 5 percent each calendar year on October 15th.

The Board of Directors assigns the Board President or his designee to monitor, review, deny or recommend approval to the Board of Directors, all compensation requests by Directors according to the following criteria:
(a) Each Director may be compensated for attending meetings, as defined in Sections 201 to Section 204 and Schedule "A", Schedule "B'' and Schedule "C" and other meetings approved by the Board of Directors. (b) In addition to (a), each Director may incur or be reimbursed for travel expenses as defined in Article 300, Sections 301 and 302, up to but not in excess of actual expenses per fiscal year.
206. ETHICS TRAINING. Pursuant to Government Code Sections 53234, et al, of the State of California each Director shall attend at least two (2) hours of ethics training every two (2) years at the expense of the District. Such ethics training must be approved or authorized by the California Attorney General's Office and the Fair Political Practices Commission. Written proof of such ethics training must be filed by each Director with the District and the District shall retain records of such ethics training for at least five (5) years after the Director receives such training.
207. ETHICS POLICY. Each January, following a regular election cycle, the Board of Directors will approve an Ethics Policy presented by the Human Resources Department.

The policy will support the issues covered by the ethics training required in Section 206, as well as any other issues specific to the District.
208. OTHER TRAINING. Each January following an election year, Directors are required to attend Sexual Harassment Training approved and/or administered by the Human Resources Department.

ARTICLE 300. EXPENSES

AUTHORIZATION
(a) Directors are authorized to incur expenses arising out of and in connection with the meetings set forth in Sections 201, 202, 203 (a) and 203 (b) and Outside Meetings approved pursuant to Section 203 ( c ), with the approval of the Board of Directors:
(b) Board of Directors will communicate their interest in attending an event to the Board Secretary to be added to the "Master Calendar of Events," which lists a description of the event, date, location, and Board member(s) who will attend.
( c) After attending a District event, Board members are required to submit an Expense Report. Each Board Member shall report on meetings attended at the Exhibit J
District's expense.
( d) Board members will be reimbursed for any expenses incurred during the course of conducting District business with other elected officials, District employees and consultants.
( e) The District shall reimburse each Director for expenses while conducting District business as outlined below.
(f) Each Directors shall be responsible for turning in appropriate District related Expenses for the month, including receipts or other documentation, to the Board Secretary's office by the last business day of the month. It is to each Director's benefit, as well as that of the District, that all itemized expenses be turned in to the Board Secretary's office in a timely maimer for proper accounting. 301. LODGING, MEALS, AND OTHER EXPENSES. The District shall reimburse each Director for itemized expenses while conducting District business, including, but not limited to, payment of registration fees for conferences, workshops, seminars, lodging, meals, and other related expenses while attending or traveling to/from District related functions.

The following restrictions shall apply to District paid expenses:
(a) District paid air travel shall be by coach class at the most economical fare available based on the itinerary of the Director. A Director may elect to voluntarily stay longer than necessary to discharge his or her duties as long as there is no additional expense to the District.
(b) In the event a Director is required to rent a vehicle to attend an authorized Outside Meeting, the District shall reimburse the Director for the cost of such rental vehicle, provided that the cost shall not exceed the cost of a mid-sized vehicle, regularly charged by such rental company for same day rentals. Any contractual agreements between the District and car rental agencies shall be considered :first for booking of rental vehicles.
(c) The following are not reimbursable expenses: political contributions, alcoholic beverages, tips greater than eighteen (18) percent, parking or traffic violation fines, laundry services, child care, and entertainment expenses such as tickets to sporting events or theaters, in-room movies and access to Wi-Fi for personal use, and first class airfare travel.
( d) Whenever appropriate, lodging and meals will be prepaid by the District or paid for by District staff. When making prepayment of reservations for travel, meals, lodging or other related expenses, it may be beneficial to the District to include payment for spouses. Each Director shall reimburse the District for any prepayment of costs for his/her spouse except as otherwise set forth in this Ordinance. Directors shall clearly identify expenses for his/her spouse except as otherwise set forth in this Ordinance. Directors shall clearly identify expenses for his/her spouse, or may choose to pay for expenses for his/her spouse on a separate ticket or sales slip at the time of purchase.

Exhibit J
302. MILEAGE. Whenever a Director uses his/her personal vehicle for transportation on District business or to/from District related functions, the District shall reimburse the Director the same rate per mile as approved by the Internal Revenue Service at the time the mileage is incurred. No mileage reimbursement shall be made for attending Board of Directors meetings held at the District headquarters. 303. INSURANCE. In California, automobile insurance coverage follows the vehicle. Therefore, when a Director attends functions on behalf of the District in his/her personal vehicle, the Director's insurance is primary.
304. MONTHLY SUBMITTAL or EXPENSE REPORTS - PAYMENT
REQUESTS. For receiving compensation for attendance at or participating at appropriate meetings, a Board member shall submit to the District Board Secretary a payment request in the form of an expense report for the calendar month, at which time the Board will consider approval, including the President. A report of all expenses, including but not limited to, compensation requested pursuant to Article 300, to the Board Secretary no later than the last business day of each month. Each submittal shall be signed by the Director. Adequate documentation of actual costs shall include an identification of the official duty, a detailed receipt from the vendor listing the items purchased, and proof that the expense was paid by the Director such as the credit card receipt or cancelled check.

ARTICLE 400. BENEFITS.
401. HEALTH PLAN. All Directors are eligible to participate in the District's group health plan, along with their spouses and dependent children ( as that term is defined in Government Code Section 53205.l of the California Government Cede, "Dependent Children"). If a Director chooses not to participate in the health plan he/she must notify the General Manager in writing of his or her election not to participate. (a) The District's health plan is administered by the Association of California Water Agencies.
(b) The District shall pay one hundred percent ( 100%) of the premium for the Director, spouse and Dependent Children.
402. BENEFITS AFTER RETIREMENT OR DEATH. A retired Director and spouse, or the spouse of a deceased Director or retiree may continue his/her medical, dental, life and vision insurance at the District's expense on the basis of the following:

The Director is a minimum of fifty (50) years of age with a minimum of twelve (12) years of total service and was elected prior to January 1, 1995. If the spouse of a deceased Director, or retiree, remarries and becomes eligible for health benefits under his/her spouse's health plan, all District benefits shall be terminated. 403. VISION CARE PLAN. Coverage is mandatory for all Directors, their spouse a11d Dependent Children.
(a) The Vision Service Plan is administered by the Association of California I I '
Exhibit J
Water Agencies.
(b) The District shall pay one hundred percent (100%) of the premium including Director, spouse and Dependent Children.
404. DENTAL PLAN. Coverage is mandatory for all Directors, their spouse and Dependent Children.
(a) The Delta Dental Plan is administered by the Association of California Water Agencies.
(b) The District shall pay one hundred percent (100%) of the premium for the Director, spouse, and Dependent Children.
405. RETIREMENT PLAN. Only the Directors elected or appointed prior to July 1, 1994 are eligible to participate in the District's retirement plan. (a) The retirement plan is administered by the California Public Employees Retirement System.
(b) The District shall pay all costs, which include the District's and the eligible Director's share.
406. LIFE AND DISABILITY PLANS. All Directors are eligible to participate in the District's standard dependent life insurance, standard insurance long term disability plan and employee assistance program (collectively, "Life and Disability Plans"), along with their spouses and dependent children. If a Director chooses not to participate in the District's Life and Disability Plans he/she must notify the General Manager in writing of his or her election not to participate, Unless a Director chooses not to participate in the District's Life and Disability Plans, the District shall pay 100% of the premium for such Life and Disability Plans for the Director, his/her spouse and his/her dependent children.
407. LONG TERM CARE. Coverage is mandatory for all Directors, their spouse and Dependent Children.
(a) The Long Term Care Plan, administered by the CalPERS Long Term Care (LTC) program, is recommended.
(b) The District shall pay one hundred percent ( 100%) of the premium for the District, spouse, and Dependent Children.

Section 2. Amendment of Schedules
Schedules "A", "B" & "C" may be amended from time to time by a duly adopted resolution of the Board.

Section 3. Publication
Exhibit J
District Board Secretary shall certify to adoption of this Ordinance and cause it, or summary of it, to be published once within fourteen (14) days of adoption and once within seven (7) clays of adoption by newspaper of general circulation, printed and published within the West Valley Water District service area, and shall post a copy of this Ordinance, including the vote, for and against the same, in the office of the Board Secretary in accordance with California Water Code Section 20200 et seq. • I
Section 4. Effective Date
This Ordinance shall become effective sixty ( 60) days from its adoption and Board conunittee assignments on the adopted schedules shall begin, January 4, 2021.

AYES:

ADOPTED, SIGNED AND APPROVED THIS 5nr DAY OF NOVEMBER, 2020. ~hanning Hawkin§, Kyle Crowther, Greg Young,
Michael Taylor, Clifford Young
NOES:

ABSENT:

ABSTAIN:

DIRECTORS:

DIRECTORS:

DIRECTORS

DIRECTORS
None
None
None
:::'.J:ianning Hawkins
Presiden -of-theBoard of Directors
West Valley Water District
ATTEST:

Board Secretary
I I
I
I
Exhibit J
SCHEDULE "A"

OUTSIDE MEETINGS

ORGANIZATION DESIGNATED

REPRESENTATIVE
ACW A Fall Conference Any Board Member
ACWA Washington, D.C. Conference Any Board Member
ACW A Spring Conference Any Board Member
Member ACW A Legislative Symposium and Day at the Capitol Any Board Member Member Association of San Bernardino County Special Districts Any Board Member Board Member California Special Districts Association Any Board Member California Special Districts Association Legislative Days Any Board Member Water Education Foundation Tours Any Board Member
"Expenses for conferences listed above are allocated to the Administration Department Conference Budget.

Exhibit J
SCHEDULE "B"

STANDING COMMITTEES
i t

ORGANIZATIONS
Executive Committee
Engineering/Planning Committee
External Affairs Committee
Finance Committee
Human Resources Committee
Safety and Technology Committee

DESIGNATED

REPRESENTATIVE
Dr. Clifford O. Young, Sr.

Gregory Young
Gregory Young
Kyle Crowther
Dr. Clifford 0. Young, Sr.

Gregory Young
Dr. Clifford O. Young, Sr.

Dr. Michael Taylor
Kyle Crowther
Dr. Michael Taylor
Dr. Michael Taylor
Kyle Crowther
Policy Review & Oversight Committee
Exhibit J
SCHEDULE "C"

OUTSIDE MEETINGS
ACWA/JPIA Dr. Clifford 0. Young, Sr.

Bloomington Municipal
Advisory Committee (MAC)
San Bernardino Valley
Municipal Water District
Western Coalition of Arid States
Gregory Young
Dr. Clifford 0. Young, Sr.

Dr.Clifford 0. Young, Sr.

Clarence Mansell
Kyle Crowther
Gregory Young
Exhibit J
\
I
I I
I I 1 CERTIFICATION

STATE OF CALIFORNIA )
) ss

COUNTY OFSANBERNARDINO)
I, PEGGY AS CHE, Secretary of the Board of Directors of THE WEST VALLEY WATER DISTRICT, DO HEREBY CERTIFY that the foregoing ORDINANCE NO. 86 was duly adopted by the Board of Directors of said District at a Regular meeting thereof, held the 5
th clay of November, 2020, a full quorum present and acting through, by the following vote to wit:

AYES: DIRECTORS:

NOES: DIRECTORS:

ABSENT: DIRECTORS:

ABSTAIN: DIRECTORS:

DATE: 11/5/20
Channing Hawkins, Kyle Crowther, Clifford Young,
Michael Taylor, Gr~g Young
None
None
None
J)!m' lkb4-- Peggyhe
Board Secretary
I I
I - I
Exhibit J

MONTE VISTA WATER DISTRICT

MONTCLAIR, CA
Exhibit J
Name Job title Regular pa'l Overtime P-clY. Other pav: Total ~Y. Benefits Total pay &
benefits
Board Member
Manny: Martinez 532,058.00 S0.00 S0.00 532,058.00 $10,572.00 $42,630.00 ·-."or:e V·s:a v;ate-- D str .:t 2C:!.8
Board Member
Anthon.Y. Lo12ez 526,056.00 S0.00 SO.OD S26,056.00 $8,464.00 $34,520.00 7• cr :e \/:s:c \:_.'ate:r _C,_1._$tr d: 2
1~:S
Board Member
G. Michael Milhiser $18,110.00 S0.00 S0.00 S18,110.00 $12,437.00 S30,547.00 ~-~o~te \/'.s:a 'f.r_g~xJ> str ct, 2:':18
Soard Member
PhiliR Erwin $11,736.00 S0.00 S0.00 S11, 736.00 $17,728.00 $29,464.00 '~1~nt~ V,s:..a 'vV3te ... C0str•ct, 2C::!.~3
Board Member
Sandra Rose $17,540.00 S0.00 S0.00 $17,540.00 $2,394.00 $19,934 . 00 ~--G~:e- \:' s:a 'i//3,:e; D strict, 201:3
« Previous
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ORDINANCE 35

AN ORDINANCE OF THE BOARD OF DIRECTORS OF

THE MONTE VISTA WATER DISTRICT,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,

SETTING COMPENSATION POLICIES FOR THE BOARD OF DIRECTORS WHEREAS, the Monte Vista Water District is a public agency formed and operating under the County Water District Law pursuant to California Water Code Section 30000 et seq; and WHEREAS, the Monte Vista Water District is governed by the Board of Directors, and the Board of Directors are elected public officials who should not be considered employees of the Monte Vista Water District for the purpose of generating income for the directors; and WHEREAS, each member of the Board of Directors expends a considerable amount of time and effort serving on committees and attending meetings, including but not limited to meetings of the Board of Directors; and
WHEREAS, in consideration for the directors' expenditure of time and effort, it is appropriate to provide reasonable compensation and to authorize reimbursement of expenses for the Board of Directors pursuant to California Water Code Section 30507; and WHEREAS, California Water Code Section 20202 provides that the Board of Directors may adopt an ordinance authorizing compensation for directors for a total of not more than ten ( 10) days in any calendar month and in an amount in excess of $100 per day, which may be adjusted each year; and
WHEREAS, this ordinance establishes the scope of, and process to determine, reasonable and just compensation for the time and effort expended by the members of the Board of Directors.

NOW, THEREFORE, the Board of Directors of the Monte Vista Water District does hereby ordain:

Section 1: Recitals
The above recitals are true and correct.

Section 2: Compensation
a. The Board of Directors shall establish the daily rate of compensation for directors' attendance at meetings, conferences, and other specified events each fiscal year at the time of adoption of the Monte Vista Water District's annual budget. b. Subject to the limitation of Section 3 of this ordinance, each member of the Board of Directors shall be compensated for attending:

1. Regular, special, emergency, and adjourned meetings of the Board of Directors.

Exhibit J
Ordinance 35
l.

11. Regular, special, emergency, and adjourned meetings of a committee of the Board of Directors, or a committee to which the director has been assigned by the president of the Board of Directors, provided that attendance is as a member or alternate member of that committee. If the director has been assigned to an outside committee or board which also pays compensation to its committee or board members, then that compensation shall be accepted by the director first and, if the compensation paid by the outside committee or board is less than the compensation set forth, the Monte Vista Water District shall pay the difference.
111. Conferences related to the business of the Monte Vista Water District, provided that such compensation shall not exceed the duration of the conference plus one day travel time to the conference and one day travel time from the conference.
1v. Meetings with the general manager or designee concerning the operations of the Monte Vista Water District.
v. Meetings with legal counsel for the Monte Vista Water District related to the director's service as a member of the Board of Directors. v1. City council meetings, water agency meetings, community meetings, meetings with local state or federal elected officials or their staff members, and court hearings or other legal proceedings where the director is requested to attend by the Board of Directors, the president of the Board of Directors, or the general manager.
vii. Training sessions mandated by state or federal law, including but not limited to ethics training and harassment training, and any other relevant training. c. The Board of Directors, the president of the Board of Directors, or the general manager may approve compensation for a director's attendance at any meeting or event retroactively.
d. Directors shall not be compensated for attending social gatherings, picnics, award banquets, holiday events, retirement dinners, and similar functions unless approved by the Board of Directors, the president of the Board of Directors, or the general manager.

Section 3: Compensation Limits
a. The maximum increase in compensation over the existing year shall be five percent (5%) per year from the last compensation adjustment, as provided by California Water Code Section 20202.
b. Attendance shall mean that the director is present during not less than seventy-five percent (75%) of the duration of the meeting, conference, or other specified event. • Page 2 of 3
Exhibit J
Ordinance 35
[
Section 4: Review of Compensation
The board auditor shall, as a part of the monthly review of financial transactions, examine the directors' compensation records. A summary of meetings attended by directors shall be provided to the Board of Directors as a part of the monthly financial reports.

Section 4: Expense Reimbursement Rates
As provided for in California Government Code 53232.2, the Monte Vista Water District will reimburse directors for actual and necessary expenses incurred in the performance of official duties in accordance with the provisions of administrative policies and procedures adopted by the Board of Directors.

Section 5: Validity
If any section, subsection, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of remaining portions of this ordinance.

Section 6: Effective Date
This ordinance shall be effective immediately after its final passage or on November 18, 2020, upon publication in any newspaper of general circulation and distributed within the boundaries of the Monte Vista Water District as required by law. l
Section 7: Repeal and Rescind
Upon adoption of this ordinance, Ordinance 30 and Resolution 600-06 are hereby repealed and rescinded in their entirety.

The president of the Board of Directors shall sign this ordinance and the secretary shall attest to the same. The secretary shall cause this ordinance to be published within ten (10) days after its adoption at least once in a newspaper of general circulation which is distributed within the boundaries of the Monte Vista Water District.

ADOPTED THIS I 8
th day of November 2020.
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MONTE VISTA WATER DISTRICT
ATTEST:
ecretary to the Board of Directors

MONTE VISTA WATER DISTRICT
• Page 3 of 3
Exhibit J

EAST VALLEY WATER DISTRICT

HIGHLAND, CA
Exhibit J
Name Job title Regular RaY- Overtime Rav. Other P-clY Total Ro'l Benefits Total RoY. &
benefits
Board of Directors
Chris Carrillo S13,564.04 S0.00 S0.00 513,564.04 S20,203.44 533,767.48 Ecs: \/a e.v \\!ate~ c, .str -:t, 2C: 9
Board of Di rectors
David E. Smith S13,210.55 S0.00 $0.00 $13,210.55 S17,918.99 531,129.54 Ees: ./a C'{ \:\
1c;:e .. D scr.ct. 2Cl9
Board of Directors
PhilliP- R Goodrich S13,128.68 S0.00 $0.00 $13,128.68 S15,375.12 528,503.80 Eas~ './a. ev \\*a~e,... D:s~r,ctt 2C:9
Board of Directors
Ronald L Coats S20,661.00 S0.00 $0.00 $20,661.00 S1,270.08 $21,931.08 Eas~ Va. cv V.'a:e ... D.s~r ,:t. 2C:9
Board of Di rectors
James Morales S17,288.00 S0.00 $0.00 517,.288.00 S266.40 517,554.40 Eas: V3 e.v· \\'a:e"" D:s.:rct, 2c:s
Board of Directors
Nanette Shelton Not provided Not provided Not provided $0.00 Not provided S0.00 Eas: '
1/a ev \\ at er t) s:c_ct, 20: S
Board of Directors
David E. Smith Not provided Not provided Not provided $0.00 Not provided S0.00 Ec_s: __ 'Ja ev •/\tc.rer- D:s:r ,:t,. 2C 2 S
Board of Directors
PhilliP- R Goodrich Not provided Not provided Not provided $0.00 r·-Jot provided so.oo Eas: Va ;E'/ \\'a:e,.. D str ct, 2C: S
,., Pr'='•ious
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BOARD OF DIRECTORS HANDBOOK
Policies & Programs of the Board of Directors
Policy Title: Board of Director's Expense Reimbursement Policy Approval Date: Policy No: Page 1 of 3
April 8, 2015

1.00 PURPOSE
The purpose of this policy is to comply with the provisions of Government Code Sections 53232, 53232.1, 53232.2 and 53232.3, as may be amended from time to time. This policy shall be applied in the implementation of Ordinance No. 388 of the East Valley Water District, as may be amended from time to time.

2.00 PROCEDURE
A. Enacted Assembly Bill 1234 provides amendments to the California Government Code, Section 53232, et seq., which requires the enactment of policies by public agencies relative to director's compensation, and reimbursement of expenses incurred by public officials in performing official duties.

B. District Ordinance 388 establishes Director's compensation.

C. Penalties for violations of the law are set forth in Government Code Section 53232.4.

2.01 DEFINITIONS
A. For purposes of this policy, the following definitions shall apply:
1 . District: Shall mean the East Valley Water District.

2. Director: Shall mean an elected or appointed member of the Board of Directors of the District or outside Committee Members.

3. Board: Shall mean the Board of Directors of the District.

4. Ordinance 388: Shall mean Ordinance 388 of the District, as may be amended from time to time.

2.02 COMPENSATION
The compensation of the Directors shall be as set forth in Ordinance 388.

Exhibit J

BOARD OF DIRECTORS HANDBOOK
Policies & Programs of the Board of Directors
Policy Title: Board of Director's Expense Reimbursement Policy Approval Date: Policy No: Page 2 of 3
April 8, 2015

2.03 REIMBURSEMENT FOR EXPENSES INCURRED IN PERFORMING OFFICIAL DUTIES A. Reimbursement to Directors for actual and necessary expenses incurred in the performance of authorized duties shall be as set forth in Ordinance 388, Section 1.

1. Registration fees for conferences, seminars, training sessions including training required under Government Code Section 53234 et seq, shall be paid by the District in advance, All such registrations shall be made through the District Clerk. To the extent possible, personal credit cards shall not be used to pay for registration fees.

2. Cost of Accommodations - Reimbursement for the cost of overnight accommodations for a conference, seminar, or meeting shall be limited to the actual and reasonable cost of adequate accommodations. To the extent possible, lodging should be secured, in advance, through the District Clerk.

3. Transportation - To secure the most economical mode of transportation in keeping with availability, convenience, and propriety of the District. If possible, all travel arrangements shall be made through the District Clerk.

When air travel is the most appropriate method of transportation, coach class shall be utilized. A private automobile may be used when necessary, but only when it is the least expensive alternative for travel. Mileage shall not be reimbursed to the extent that the mileage cost exceeds the cost of an available lower cost alternative form of transportation. A rental car may be used when appropriate public transportation is unavailable or more expensive and the cost thereof shall be reimbursed to the Director. Shuttle and metro services should be used when most appropriate in lieu of a taxi or car rental and the actual cost shall be reimbursed to the Director.

4. Expenses - A $200 per diem rate guideline is established for the Directors.

The per diem is to be used for meals and other miscellaneous expenses such as parking fees, not including major transportation or registration fees. If the indicated guidelines are exceeded, written justification must be attached to the travel expense report to be approved by the Board of Directors or approval must be obtained in advance from the Board of Directors for locations where these amounts may not be practical. If a director exceeds the established per diem rate, the matter will be automatically referred to the Board of Directors for consideration.

5. In compliance with Ordinance 388, Section 7, after incurring an authorized expense, the Director shall submit to the District Clerk an Expense Report in the form as attached hereto collectively as Exhibit "A". Receipts for claimed expenses shall be submitted as part of the Expense Report. All Exhibit J

BOARD OF DIRECTORS HANDBOOK
Policies & Programs of the Board of Directors
Policy Title: Board of Director's Expense Reimbursement Policy Approval Date: Policy No: Page 3 of 3
April 8, 2015
documents related to reimbursable expenditures, including expense reports and receipts are public records subject to disclosure under the California Public Records Act. Personal information including credit card numbers may be redacted from any documents.

6. The following expenses are not reimbursable: alcoholic beverages, parking or traffic violation fines, entertainment, personal phone calls, auto repairs, personal auto insurance, the personal portion of any trip, including expenses for a spouse or family member, and personal losses incurred while performing District business.

2.04 REPORTING
A. Directors shall provide a brief report either written or oral, on meetings attended at the expense of the District.

2.05 POLICY VIOLATIONS
A. Violations of the policy shall be as provided in Government Code Section 53232.4.

6.0 EXHIBITS

1. Ordinance No. 388

2. Expense Report
APPROVED:

John Mura
Chief Executive Officer/ General Manager
Exhibit J
( I .·
ORDINANCE NO. 388

ORDINANCE OF THE EAST VALLEY WATER DISTRICT, SAN

BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING

COMPENSATION, BENEFITS, AND AUTHORIZING

REIMBURSEMENT OF EXPENSES AND ESTABLISHING

TRAINING REQUIREMENTS FOR THE BOARD OF DIRECTORS
BE IT ORDAINED by the Board of Directors of the East Valley Water District ("District") as follows:

WHEREAS, it is recognized that each member of the Board of Directors expends a considerable amount of time and effort serving on committees and attending meetings including, but not limited to meetings of the Board of Directors; and WHEREAS, the office of Director is a public service position and should not be considered an employment position for the purpose of generating income for the Director. This Ordinance seeks to establish a reasonable and just compensation for the time and effort put forward by Board members; and
WHEREAS, in consideration for the expenditure of time and effort, it is appropriate to provide reasonable compensation and to authorize reimbursement of expenses for the Board of Directors, pursuant to Section 30507 of the Water Code; and WHEREAS, California Water Code Section 20202 provides that the Board of Directors may adopt an ordinance authorizing compensation for the Directors for a total of not more than ten (10) days in any calendar month and in an amount in excess of $100 per day, as may be adjusted each year.

NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the District as follows:

Section 1. Compensation. Subject to the limitation of Section 2 of this Ordinance, each member of the Board of Directors shall be compensated for attending:
(a) Regular, special, emergency, and adjourned meetings of the Board of Directors.
(b) Regular, special, emergency, and adjourned meetings of a committee of the Board of Directors, or a committee to which the Board member has been assigned by the Chairman of the Board of Directors, provided that attendance is as a member or alternate member of that committee. If the Board member has been assigned to an outside committee or board which also pays compensation to its committee or board members, then that compensation shall be accepted by the board Exhibit J
member first and, if the compensation paid by the outside committee or board is less than the compensation set forth in this Ordinance, the District shall pay the difference. (c) A conference related to District business provided that such compensation shall not exceed the duration of the conference plus one day travel time to the conference and one day travel time from the conference. (d) A meeting with the District's General Manager or designee concerning District operations or attendance at the District to perform District business. (e) City Council meetings, other water agency meetings, and other community meetings where the member is requested to attend by the Board Chairman, General Manager, or Board authorization or is making a presentation on the District's behalf. This prohibition shall not apply to a Director who has held office less than 18 months.
(f) Board Chairman authorized meetings with local, state, or federal elected officials or their staff members that are related to District business. (g) Court hearings or other legal proceedings related to District business, including meetings with District counsel.
(h) Training sessions mandated by law including, but not limited to, ethics training and harassment, training and other relevant training whether provided in person or through webcast.
(i) The Board of Directors may retroactively approve payment for attendance at any meeting/event attended by a member of the Board. Board members shall not be compensated for attending social gatherings, picnics, awards banquets, holiday events, retirement dinners, and similar functions unless previously approved by the Board of Directors. Except for Board members with 18 months or less of service on the Board, Board members shall not be compensated for attending meetings of other public agencies unless attendance was approved by the Chairman of the Board of Directors prior to attendance.

Section 2. Compensation Limits. Compensation for attendance at a meeting and/or conference as specified in Section 1, shall not exceed, on a per day basis, that amount of compensation as established by the Board, regardless of the number of meetings and/or conferences that are attended on the same day, provided that the total compensable days in a calendar month shall not exceed ten days.

Attendance shall mean that the Director is present during not less than seventy-five percent (75%) of the duration of the meeting or conference presentations.

East Valley Water District
Ordinance No. 388
April 8, 2015

Exhibit J
r
Section 3. Reporting. Board members shall report briefly, orally or in writing, on their respective representative assignment and conference activities. If written, the reports shall be submitted concurrently with the Director's monthly expense reimbursement voucher.

Section 4. Directors' Benefits. Members of the Board of Directors are eligible to enroll in District sponsored group insurance plans available to eligible employees for health, dental, vision, and life insurance. The benefits allowed to the members of the Board of Directors shall not be greater than the most generous schedule of benefits being received by any category of District employees. (a) Continuation Benefits. Pursuant to California Government Code Sections 53200-53210, the District may, subject to the terms and conditions as may be established by the Board, contribute to the cost of health and dental insurance coverage to former Board members, and their spouses and dependents, who served in office after January 1, 1981; were not first elected to a term of office that began on or after January 1, 1995; served not less than twelve ( 12) years on the Board at the time of termination; and who are otherwise eligible to receive retirement benefits. The amount and duration of benefits described under this Section shall be commensurate with and equal to those benefits provided for in the "Memorandum of Understanding Between The East Valley Water District and The San Bernardino Public Employees Association July 1, 2014 through June 30, 2017", as amended from time to time, which benefits are available to District retirees with twenty (20) years or more of service with the District. (b) Subject to the terms and conditions as may be established by the Board of Directors of the District, the District shall make health and welfare benefits available to its former Board members who do not qualify under Section 3(a) of this Ordinance, and to the spouses and dependents of such Board members on a self-pay basis and who otherwise satisfy any and all additional eligibility requirements imposed by CALPERS. The election requirements for the insurance coverage provided herein, and the length of time in which said coverage shall be made available to such participants upon election, shall be the same as set forth in the continuation of benefits under the "Consolidated Omnibus Budget Reconciliation Act of 1985".

Section 5. Training. All members of the Board of Directors and executive staff as designated by the Board shall complete training in the areas of ethics and sexual harassment as required by and in compliance with applicable law. The District East Valley Water District
Ordinance No. 388
April 8, 2015

Exhibit J
shall maintain records indicating the dates that District officials completed said training and the entity that provided the training. The District shall maintain these records for at least five (5) years after District officials receive the training. The records are public record subject to disclosure under the "California Public Records Act".

Section 6. Ordinance Review. All compensation/benefits provided to members of the Board of Directors shall be reviewed as an information item at the first Board Meeting of December of each year. At that time, the Board of Directors may instruct staff to place the amendment of this Ordinance on the Board's Agenda for the first Meeting in January of the following year for amendment. Currently the rate of compensation for members of the Board of Directors of the District shall be $175.00 per day's service.

Section 7. Reimbursement of Expenses. Each member of the Board of Directors shall be reimbursed for reasonable out-of-pocket expenses incurred by such member in performing services rendered pursuant to Section 1 , or in performing services otherwise authorized or ratified by the Board of Directors. Reimbursement for lodging, conferences, and travel expenses shall be in accordance with District Policy 1.1 Board of Director's Expense Reimbursement Policy, as may be amended from time to time.

Section 8. Expense Vouchers. The Directors shall be paid · based upon a duly executed District approved expense voucher submitted monthly by the Directors.

Said vouchers shall be submitted to the District Clerk by noon Tuesday preceding the first regular Board Meeting of the following month. Expense vouchers will be accompanied by the appropriate receipts or affidavit of expense documenting each expense. The Board of Directors shall retain the discretion to reject reimbursement for expenses not supported by receipts, determination shall be made at a regularly scheduled Board meeting.

Section 9. Repeal of Prior Ordinances and Resolutions. Ordinance 371 and Resolution 2014.18 are repealed as of the effective date of this Ordinance and this Ordinance shall supersede any and all other prior ordinances or resolutions in conflict with the provisions hereof.

Section 10. Effective Date. This Ordinance shall become effective upon adoption.

East Valley Water District
Ordinance No. 388
April 8, 2015

Exhibit J
ADOPTED: April 8, 2015
ATTEST:

John Mura, neral Manager/CEO-of
East Valley ater District and
Secretary of the East Valley Water District
Board of Directors

STATE OF CALIFORNIA

COUNTY OF

SAN BERNARDINO
)
)SS
)
I, John Mura, Secretary of East Valley Water District Board of Directors, DO HEREBY CERTIFY that the forgoing Ordinance being No. 388, was adopted at a regular meeting on April 8, 2015, of said District by the following vote:
) )
AYES: Carrillo, Coats, Morales, Shelton
NOES: Coleman
ABSTAIN: None
ABSENT: None
East Valley Water District
Ordinance No. 388
April 8, 2015

Exhibit J

HI-DESERT WATER DISTRICT

YUCCA VALLEY, CA
Exhibit J
Name Job title Regular P-ay Overtime J!clY. Other P-aY. Total P-<W Benefits Total J!oY. &
benefits
Director of Water Ogerations
Tonv. Culver S156,352.00 S0.00 S24,414.87 5180,766.87 $20,255.00 S201,021.87 H1-Dese·: •,\c:e• D•s:r ~~. 201S
Director
Bob Stadum S14,525.00 $0.00 S0.00 S14,525.00 519,726.08 S34,251.08 Hr-Desert /c:e:· L·s:r·::. 22,1;
Director
Roger Mayes $12,075.00 $0.00 $0.00 S12,075.00 $19,726.08 S31,801.08 Ht-Deser: 1,,Vater D,srnc:, 2·:1·;
Director
Sheldon Houg.b 59,975.00 S0.00 50.00 S9,975.00 $19,726.08 S29,701.08 Hi-Dcser: Wc:er Ds:r_::;_c, 2019
Director
Sarann Graham Sll,375.00 S0.00 S0.00 Sll,375.00 $10,399.20 S21,774.20 H1-D_cs_e_r_:-:_/,./a:e-- o~s:r1c_;, 2·Jl9
Director
Dan Munsev. S6,825.00 $0.00 S4,237 .95 S11,062.95 $611.16 S11,674.11 Hi-De sert .Ja.:ec Ds:rc:, 2-:l19
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Chapter 1.35

BOARD OF DIRECTORS' COMPENSATION
Sections:

1.35.010 Attendance at board meetings, committee meetings and other approved functions.

1.35.020 Compensation per meeting.

1.35.030 Changes in compensation.

1.35.040 Travel expenses.

1.35.050 Events without compensation.

1.35.060 Maximum permissible service.

1.35.070 Payments for attendance of services.

1.35.080 Directors' compensation list.

1.35.090 Days of service approval.

1.35.100 Fringe benefits.

Prior legislation: Ord. 74.

1.35.010 Attendance at board meetings, committee meetings and other approved functions.

Pursuant to Sections 20200 through 20207 and 71255 of the California Water Code (commencing July 14, 1999), directors shall receive compensation daily, up to a maximum of 10 days of services monthly, for attending meetings as shown on the approved directors' compensation list in HDWDC

1.35.080.

A. Each day's attendance at regular, special and adjourned meetings of the board of directors; and B. Each day's attendance at regular, standing or ad hoc committee meetings or study sessions.

C. Attendance at meeting(s) listed in the directors' compensation list which are deemed as functions which are attended in an official capacity as a member of the board of directors. [Res. 08-19 § 1 B 2025.1].

Exhibit J

1.35.020 Compensation per meeting.

Pursuant to Ordinance No. 74 adopted on January 21, 2004, and minute action on July 26, 2017, directors shall receive compensation in the amount of $175.00 daily for approved meetings effective October 1, 2017. Section 20201, et seq., of the Water Code further provides that such compensation, and/or increases thereof, shall be enacted by the board of directors only by ordinance adopted following a public hearing, with notice of the public hearing published in a newspaper of general circulation pursuant to Section 6066 of the Government Code. [Res. 08-19 § 1 B 2025.2].

1.35.030 Changes in compensation.

Changes in the compensation will require the approval of the board during an open meeting of the board held at least 60 days prior to the effective date of the change. [Res. 08-19 § 1B 2025.3].

1.35.040 Travel expenses.

In addition to requirements of Board Policy 2030, board approval of travel authorization expenses for attendance or participation by any board member at any seminar, conference or meeting shall be considered as distinct approval of qualification for compensation for each day of attendance of said event, as long as the maximum compensation does not exceed 10 days per calendar month. [Res. 08- 19 § 1 B 2025.4].

1.35.050 Events without compensation.

Meetings or events which are not compensated include the following but are not limited to: retirement dinners, political fundraisers, sporting events, district employee events, chamber of commerce mixers, dedication ceremonies and groundbreaking ceremonies. [Res. 08-19 § 1 B 2025.5].

1.35.060 Maximum permissible service.

No payments shall be made under these regulations for attendance or services exceeding a total of 10 days in any calendar month or for attendance at meetings or hearings for which a director is not present for at least 50 percent of the meeting. [Res. 08-19 § 1 B 2025.6].

1.35.070 Payments for attendance of services.

A. Certain meetings listed in the directors' compensation list (see HDWDC 1.35.080) will be assigned to each director. If more than the assigned director attends, the alternate director will not receive any compensation. If the assigned director is not in attendance and the alternate director attends, the attending alternate or other available director attending will receive compensation for a day of service.

B. If a meeting is not included in the compensation list, there must be approval from the board for compensation of attendance at that meeting.

Exhibit J
C. Claims for reimbursement of office supply expenses incurred by directors, directly in connection with the performance of their official duties, require approval by the general manager.

D. After attendance at a meeting, each director will supply the board with a report on the meeting(s) attended at a subsequent meeting of the board. The report must be oral or written, and must include the date, the name of the meeting attended, basic highlights of the meeting, and all other pertinent information which could be useful to the board.

E. Members of standing committees may alternate as chairperson. Verbal reports on the meetings shall be given by the chairperson of the respective meeting. If the reporting director is absent from the meeting at which the minutes are included on the agenda, the second committee member shall report.

F. Board compensation for a day of service will be permitted on the day before and/or the day after each meeting or conference if the travel distance to the event location is equal to or greater than 100 miles from the Hi-Desert Water District office. [Res. 08-19 § 1 B 2025.7].

1.35.080 Directors' compensation list.

1. Regular board meeting - All directors.

2. Special board meeting or board workshop - All directors.

3. Adjourned board meeting - All directors.

4. Board workshop - All directors.

5. Ad hoc committees -Appointed by board president.

6. Standing committees - Appointed by board president.

7. ACWA conference -All directors.

8. ACWA Region 9 - All directors.

9. ACWA/JPIA- Board president or delegate.

10. American Water Works Association (AWWA) - All directors.

11. Association of San Bernardino County Special Districts - All directors.

12. California Special Districts Association (CSDA) - All directors.

Exhibit J

13. Bighorn-Desert View Water Agency - Assigned delegate.

14. Joshua Basin Water District (JBWD) - Assigned delegate.

15. Mojave Water Agency (MWA) - Assigned delegate.

16. Mojave Water Agency Morongo Basin Pipeline Commission - Appointed by board president.

17. Town of Yucca Valley - Assigned delegate.

18. Regional Water Quality Control Board - Assigned delegate.

19. Special Districts and Local Government Institute - All directors.

20. Coachella Valley Water District-All directors.

21. Desert Water Agency-All directors.

22. Mission Springs Water District - All directors.

23. 2+2 with the town of Yucca Valley - Assigned by board president.

24. 2+2+2 with Hi-Desert Water District, Bighorn-Desert View Water Agency, and Joshua Basin Water District -Assigned delegates.

25. Meetings, summits or conferences with elected officials and/or agency officials regarding matters within the subject matter jurisdiction of the district (attendees must be listed on or attached to the directors' compensation form) -All directors.

26. Inland Empire Water Agencies and Districts - All directors.

27. San Bernardino County Water Conference -All directors.

28. San Bernardino Associated Governments (SANBAG) - All directors.

29. Water Education Foundation -All directors.

30. Urban Water Institute Water Conference -All directors.

31. League of California Cities.

32. SoCal Energy Water and Green Living Summit.

Exhibit J

33. WateReuse of the Inland Empire.

34. California Water Environment Association.

35. California Association of Sanitation.

36. Any activity approved by the Hi-Desert Water District's board, or board president, or general manager-All directors. [Res. 18-03; Res. 16-01; Res. 14-05; Res. 13-20; Res. 13-19; Res. 13-04; Res. 08-19 § 1 B 2025.8].

1.35.090 Days of service approval.

A. At the end of each month, all directors will complete a directors' compensation form. All compensation forms shall include meetings attended within a calendar month and should show the compensation for a day of service. Any noncompensated meeting(s) attended by directors may also be listed on the bottom portion of the designated form. Completed directors' compensation forms shall be submitted by each board member to the administration.

B. All directors' monthly reports for compensation of attendance at meetings will be reviewed by the general manager before submittal of payment.

C. Completed directors' compensation forms, which have been reviewed and approved by the general manager, shall be submitted to the payroll department for payment on the next regular payroll register. [Res. 08-19 § 1B 2025.9].

1.35.100 Fringe benefits.

All board members are entitled to receive benefit coverage for themselves plus one dependent (i.e., health, dental, vision) offered to exempt employees.

A board member that opts not to enroll in the foregoing benefit coverage provided by the district may participate in the Hi-Desert Water District Board Members' Medical Expense Reimbursement Plan ("Plan"), if he or she meets the eligibility requirements outlined in Article 3 of the plan, which may be amended from time to time in order to comply with the Patient Protection and Affordable Care Act and other applicable laws. [Res. 14-17 § 3].

The Hi-Desert Water District Code is current through Ordinance 89, passed January 22, 2020, and Resolution 21- 13, passed June 30, 2021.

Disclaimer: The Hi-Desert Water District has the official version of the Hi-Desert Water District Code. Users should contact the Hi-Desert Water District for ordinances passed subsequent to the ordinance cited above.

Exhibit J
District Website: httR://www.hdwd.com/
District Telephone: (760) 228-6267
Code Publishing ComRany
Exhibit J

CITY OF VICTORVILLE

VICTORVILLE, CA
Exhibit J
Regular Overtime Other Pension
Total P-aYName Job title Total gay Benefits &
gay P-av P-av. debt
benefits
Cit't Council Member-May_or ProRita Ramirez
Tern S11,314.00 S0.00 S1,950.00 S13,264.00 Sll,284.00 S1,320.35 $25,868.35 Dean
\I ctorv e ::::o 19
City: Council Member
Debra S Jones S11,314.00 S0.00 S0.00 S11,314.00 :;ill,284.00 S1,320.35 $23.,918.35 v.ctorv ie, 2019
City Council Member
Blanca A Gomez S11,314.00 S0.00 Sl,800.00 Sl3,114.00 S10,200.00 S0.00 523,314.00 ·, ctorv: e, :o 19
Citv Council r·.11ember-May:or
Gloria L Garcia S11,314.00 S0.00 S1,800.00 S13,114.00 S5,326.00 Sl,371.50 519,811.50 vctorv e,. ::::019
City Council Member
James L Cox S11,314.00 S0.00 S1,800.00 S13,114.00 S4,200.00 S0.00 $17,314.00 / ctor, e. :019
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Agency Report of:

Public Official Appointments A Public Document

1. Agency Name
City of Victorville
Division, Department, or Region (If Applicable)
Designated Agency Contact (Name, Title)
Charlene Robinson, City Clerk
Area Code/Phone Number
760-955-5188
E-mail
[email protected]
California 806
Form
For Official Use Only
Page _
1 __ of _
2 __
Date Posted:
04/27/2021
(Month, Day, Year)

2. Appointments
Agency Boards and
Commissions Name of Appointed Person
Appl Date and
Length of Term
Per Meeting/Annual Salary/Stipend
Mojave Desert AQMD
Becerra, Liz
►Name---------,,(L----,-
ast.
-,,,- First,-- ) ------
vacant
Alternate, if any _
(Las/, First)
► ~/ ~/ ~
Appl Date
►------
Length of Term
-
100.00
► Per Meeting: $ -------
► Estimated Annual:
0 $0-$1,000 □ $2,001-$3,000
llls1,001-s2,ooo □----- Othor
Mojave Desert & Mountain R
Jones, Debra ►Name _
(Last, First)
Alternate, if any _
(Last. First)
Becerra, Liz
► ~/ ~/ ~
Appl Date
►-------- Length of Term

75.00 ► Per Meeting: $ _
► Estimated Annual:

Ill so-si.ooo 0 $2,001-$3,000
□$1,001-$2,000 □----- Other
SBCTA
Jones, Debra
►Name--------fLast. =- First} -------
Irving, Leslie Alternate, if any _
(Last. First)
► 12 / 15 / 20
---
Appl
-
Dale
--
►------ Length of Tem1 -
200.00
► Per Meeting: $ -------
► Estimated Annual:

D $0-$1,000 Ill s2.001-$3,ooo
□$1,001-$2,000 □----- Other
VVTA
Becerra, Liz ►Name--------(Lasl. =- First
------ ) -
Jones, Debra Alternate, if any _
(Last, FlfSI)
►~l~!-3!_
Appl Data
►-------- Length of Term
► Per Meeting. $ -------
125.00
► Estimated Annual:
□ $0-$1,000 0 $2,001-$3,000
lll$1,001-$2,ooo □----- Other

3. Verification
I have read and understand FPPC Regulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.

Charlene Robinson ~;.:"i,;~:W,~":;';;•;,0.:,~"'" Charlene Robinson City Clerk 04/27/21 Signature of Agency Head or Designee Print Name Title /Month. Day. Year) Comment: _
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Exhibit J
Agency Report of:

Public Official Appointments
Continuation Sheet
California 806
Form
A Public Document
Page _
2 __ of _
2 _

1. Agency Name
City of Victorville Date Posted: --,,.,--,.,....- ,e----,-,---,--- (Month, Day, Year)
04/27/2021

2. Appointments
Agency Boards and
Commissions
Name of Appointed Person
Appt Date and
Length ofTerm
Per Meeting/Annual Salary/Stipend
VVWRA
Jones, Debra
►Name r~,a-s~,.F~lf~su-:-------
Becerra, Liz
Alternate, if any _
(las/, First)
► ~/ ~ ~ ► Per Meeting.· $ _
ApptDate
►-------
Length of Term
-
100.00
► Estimated Annual:
□ $0-$1,000 0 $2,001-$3,000
lll$1.001-$2,ooo □----- Other
►Name r~,a-s,~.F~lf~Slj-:-------
Alternate, if any-------
{Last. F
--
irs/)
-----
► --I I -
Appl
-
Date
--
►-------
Length of Tem1
-
► Per Meeting: $ -------
► Estimated Annual:
□ $0-$1,000 0 $2,001-$3,000
□$1,001-$2,000 □--.,---- Other
►Name-------.,...-.,.-e----,-------
<Las1. First)
Alternate, if any _
(Last. Firs/)
► --I -
App/
-
Dale
I --
►-------
Length of term
-
► Per Meeting: $ _
► Estimated Annual:
0 $0-$1,000 0 $2,001-$3,000
□$1,001-$2,000 □---O,,-lh_e_r __
►Name r~,a-s~,.F~~u-------
Alternate, if any _
(Last. First)
► __ / __ / __
Appl Date
►-------- Length of Tem,
► Per Meeting: $ _
► Estimated Annual:
0 $0-$1,000 0 $2,001-$3,000
□$1,001-$2,000 □--.,-,--- Other
►Name _
(Last. First)
Alternate, if any _
(Las/, First)
► --I -
Appl
-
Date
I --
►-------
Length of Tenn
-
► Per Meeting: $ _
► Estimated Annual:
□ $0-$1,000 □ $2,001-$3,000
□ $1,001-$2,000 □----- Other
►Name------------------- (Last, First)
Alternate, if any _
(Las/. First)
► __ / __ / __
Appl Date
►-------- Length of Tem,
► Per Meeting: $ _
► Estimated Annual:
□ $0-$1,000 □ $2,001-$3,000
Ds1.001-$2.ooo □----- o,1ie,
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Exhibit J

CITY OF SAN BERNARDINO,

MUNICIPAL WATER DEPARTMENT

SAN BERNARDINO, CA
Exhibit J
Name Job title Regular P-<lY- Overtime P-av. Other P-aY- Total P-av. Benefits Total P-oY- &
--- benefits
Member-Board Of Commissioners
David E Mlynarski $0.00 $0.00 S0.00 S0.00 534,059.00 S34,059.00 Saf' 3:ernar::l no, 2019
Member-Board Of Commissioners
Rjkke V Johnson $0.00 $0.00 S0.00 S0.00 S18,917.00 518,917.00 Sar 3er-rard .-c,, ~0:9
Member-Board Of Commissioners
Thomas M Brickley_ $0.00 $0.00 S0.00 S0.00 Sl 7,426.00 $17,426.00 San Ser,.,ard r-o. 20:9
President-Board Of Commissioners
C1:cdlia A Callicott $0.00 $0.00 S0.00 S0.00 S9,691.00 59,691.00 SaLEler,.,ar::l re. 2019
Member-Board Of Commissioners
Wayne Hendrix $0.00 $0.00 S0.00 S0.00 S9,407.00 $9,407.00 Sar 5ernar::f r:>, 2019
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CITY OF HESPERIA

HESPERIA, CA
Exhibit J
Name Job title Regular J!ay Overtime P-aY. Other pay Total P-<lY- Benefits Total P-av. &
benefits
Council Member
William JoseRh Holland S5,870.00 S0.00 S7,200.00 $13,,070.00 S13,384.00 S26,454.00 Hesi;ie•1a. 2:1-;
Council Member
Lawrence Herbert Iii Bird S9,325.00 $0.00 S9,072.00 $18,397.00 S1,958.00 $20,355.00 HeSQ1="1a, 2J1S
Council Member
Rebekah J Swanson S8,889.00 50.00 S9,116.00 $18,005.00 S1,774.00 $19,779.00 HesQena, 2:1;
Council Member
Jere111iah Brosowske S5,879.00 so.oo S5,538.00 $11,417.00 S6,040.00 S17,457.00 Hc:si;i;-ria. 2C:1S
Council Member
Brigit Bennington S478.00 $0.00 5831.00 $1,309.00 S3,854.00 $5,163.00 Hc5Qtric., 201·;
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City Council Compensation
City Council Member Compensation Schedule
The following is an itemized schedule of compensation, stipends and expense reimbursements payable to the City of Hesperia Mayor and City Council Members.' ' City Council
Meetings: $300 per month
Auto Allowance: $600.00 per month
Fire Board
Per Meeting: $75 (Not to exceed four meetings a month)
Water District
Per Meeting: $100 (Not to exceed six meetings a month)
Housing Authority
Per Meeting: $50.00 (Not to exceed four meetings a month) Council Appointment Fee Schedules For Outside Committees • 2012 Fee Schedule
• 2013 Fee Schedule
• 2014FeeSchedule
• 2015 Fee Schedule
• 2016 Fee Schedule
• 2017 Fee Schedule
Exhibit J
• 2018 Fee Schedule
• 2019 Fee Schedule
• 2020 Fee Schedule
Statement of Economic Interest - Form 700 Code Filers List • 2014 Filers
• 2015 Filers
• 2016 Filers
• 2017 Filers
• 2018 Filers
• 2019 Filers
• 2020 Filers
• 2021 Filers
Copies of the statements of economic interests (FPPC Form 700) by the elected officers described above may be obtained by visiting the offices of the City Clerk located at 9700 Seventh Ave., Hesperia, CA 92345. You may also contact the Fair Political Practices Commission. Statements of economic interests for some state and local government agency elected officers may be available in an electronic format of the Commission's Internet Web site listed above.

Exhibit J

CITY OF REDLANDS

REDLANDS, CA
Exhibit J
Name Job title Regular P-av. Overtime pay Other P-<lY. Total P-<lY. Benefits Pension debt Total P-av. &
benefits
City: Council Member
Denise S Davis S6,000.00 so.oo S0.00 56,000.00 S9,559.29 $817.02 S16,376.31 Rec-a,ids, :.019
City: Council Member
Paul T Barich S6,000.00 $0.00 S0.00 S6,000.00 S5,180.90 $817.03 S11,997.93 Rec ards, 2019
City.'. Council Member
Toni C Momberger S6,000.00 $0.00 S0.00 S6,000.00 5540.11 $817.03 S7,357.14 Rec ar ds ::019
City: Council Member
Eddie Tejeda S6,000.00 $0,00 S0.00 $6,000.00 $0.00 S0.00 S6,000.00 Rec a rids, ::.019
City: Council Member
John E James S250.00 $0.00 S0.00 5250.00 S0.00 $0.00 S250.00 Rec ads, :c119
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BIG BEAR CITY COMMUNITY SERVICES DISTRICT

BIG BEAR CITY, CA
Exhibit J
Name Job title Regular Rav. Overtime pay Other P-aY- Total P-av Benefits Total P-av. &
benefits
Board Director
Jo_h11 Rus_s_Q S5,700.00 so.co so.co S5,700.00 S0.00 S5,700.00 _fug eec!' Citv 1.:c•n"',r.,!...ritv Ser-..,ces Dstnct 2C19 Board Director
Lawrence Walsh S4,950.00 $0.00 S0.00 S4,950.00 S0.00 S4,950.00 .2!,g Beer C1tv Cc!n~·r"',,.Jf" :y Services D·stnct 2C:
1 :'
Board Director
Alverne Ziegler S4,350.00 so.oo $0.00 54,350.00 $0.00 S4,350.00 ?ig Bea.r Cit:, Ccrnrr """"r· L\-' Ser•,. ices Dist'"ict 2Gl S Board Director
John creen S3,900.00 $0.00 $0.00 53,900.00 S0.00 53,900.00 ;:!g ___ f;i_~_G_: _ _C1t'-l C crn r-: ... r-- 1 v S.er~~'-LC:_~LD. 5_t_~i ct 2 C 19 Board Director
Ka!).'.n Oxandaboure S3,900.00 $0.00 S0.00 53,900.00 $0.00 S3,900.00 21g B::ar City (;)n>m"'~ :v Services c strict zc. s
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BIG BEAR LAKE, DEPT. OF WATER & POWER

BIG BEAR LAKE, CA
Exhibit J
Name Job title Regular P-aY- Overtime P-a'l Other J!clY Total P-ctY- Benefits Total Rav.: &.
benefits
Board Of Cornrnissioner
Barbara Wille_y $4,800.00 S0.00 S0.00 S4,800.00 S180,00 54,980.00 ;;_tQ Bear Lake, :019
Board Of Commissioner
Roger Hjo1th $4,800.00 S0.00 S0.00 S4,800.00 S180.00 $4,980.00 fug Bea· L3ke, 2019
Board Of Commissioner
Robert Tarras $4,800.00 S0.00 S0.00 S4,800.00 S180.00 S4,980.00 fug Bear Lake, 2019
Board Of Commissioner
Atan.Lee $2,400.00 S0.00 S0.00 S2,400.00 S90.00 $2,490.00 illfJ Bea0 Lake, 2019
Board Of Commissioner
Scott H aule $2,400.00 S0.00 S0.00 S2,400.00 S90.00 $2,490.00 fug Be2r Lake, 2019
Board Of Commissioner
JoseQh Cyl1Nik $2,400.00 S0.00 S0.00 S2,400 . 00 S90.00 $2,490.00 fug Bea· Lake, ::c119
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Exhibit A
(
I'
RESOLUTION NO. 2005-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE, COUNTY· OF SAN BERNARDINO, STATE OF CALIFORNIA,

SETTING THE COMPENSATION FOR MEMBERS OF THE BOARD OF

WATER & POWER COMMISSIONERS AND THE PLANNING

COMMISSION
c·,
WHEREAS, the City of Big Bear Lake is blessed with qualified, willing, and dedicated citizens who are willing to give their time and talents in service on City boards and commissions; and WHEREAS, Section 804 of the· Charter of the City of Big Bear Lake provides that members of the commissions and agencies of the City shall receive such compensation as may be specified by the City Council; and 1
WHEREAS, Ordinance No. 91-202 of the City of Big Bear Lake amended Chapter 2.12 and 13.24 of the Big Bear Lake Municipal Code to provide that the City Council shall fix the compensation of the members of the Board of Water and Power Commissioners and the Planning Commission by resolution; and
WHEREAS, depending on the duties, time spent in meetings, and other variables, the City Council wishes to set the compensation paid to members of the Board of Water and Power Commissioners and the members of the Planning Commission.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Big Bear Lake as follows:

Section 1. The regular members of the Planning Commission shall receive the sum of four hundred dollars per month for their participation in regular, adjourned or special meetings of the Commission.

Section 2. The regular members of the Board of Water and Power Commissioners shall receive the sum of four hundred dollars per month for their participation in regular, adjourned or special meetings of the Board.

Section 3. This Resolution shall take effect on July 1, 2005. Commissioners receiving less than the compensation set forth in this Resolution may opt to receive up to the amount set forth in this Resolution.

C'•,1 ,.,,. - .• • --~" .... " -~-- •.•
Exhibit J
Exhibit A
(
I
Page3
Resolution No. 2005~13

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF BIG BEAR LAKE )
I, Katherine E. Jefferies, City Clerk of the City of Big Bear Lake, 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. 2005-13 was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a regular meeting of the said City held on the 131h day of June, 2005, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Conklin, Dally, Jahn, Mulvihill
None
Hanis
None
Witness my hand and the official seal of said City this 13 th day of June, 2005.
r-·
L ... ·
~
)<(\. G@N ~ !tV-. e E. Jefferies, CM~
City Clerk
Exhibit J

LAKE ARROWHEAD

COMMUNITY SERVICES DISTRICT

LAKE ARROWHEAD, CA
Exhibit J
Name Job title Regular P-clY. Overtime P-oY- Other P-clY. Total P-oY. B•enefits Total P-oY: &
benefits
Director
Robert Morris S0.00 S0.00 Sl,200.00 S1,200.00 S0.00 Sl,200.00 Lake :..,ro\·, ,"eat ·:or.111 J'"' ,.,. se~, -ces :i,st·,ct, 2019 Director
Ryan Gross S0.00 S0.00 $800.00 5800.00 S0.00 S800.00
i.eke ~.,TO\,..r-ecc c:crr,n1Jnct,/ Serv ce s :,istr1ct 2019 Director
Steve KJ:l~fe S0.00 S0.00 "?600.00 $600.00 S0.00 S600.00 Lake ~.:-rc,,•,'."ead Cor.,, m J"~"',· Serv ces ;:i,strict, 2019 ,.; Prev ous
,:f 202:!. Tra tsparent Ca ifornia
!'.:.bout ! Contact I Blog I D sclaimer Privacy Policy FD..Q I Donate Exhibit J
ATTACHMENT 12
DWP Exhibit J
Response to
Councilmember
Lee's PRA Request
Department of Water, City of Big Bear Lake
41972 Garstin Drive, P.O. Box 1929 · Big Bear Lake, CA 92315-1929 · Phone 909/866-5050 · Fax 909/866-3184 · www.BBLDWP.com This institution is an equal opportunity provider and employer.

DEPARTMENT OF WATER

Service, Quality, Community
February 1, 2022
Councilmember Lee
PO Box 10000
Big Bear Lake, CA 92315
Regarding: Public Records Request Dated January 12, 2022 Dear Mr. Lee,
We received your Public Records Request on January 12, 2022 and on January 14, 2022, we responded by advising you that many of your requests for information and questions will be answered with the revised agenda report for the February 7, 2022 City Council meeting. In addition, we stated that you will receive the requested information by no later than the close of business Friday, February 4, 2022. Following are your public record act requests and responses:

Please forward me the actual requests for information sent to the agencies referenced in your report and their actual responses.

All information reflected in the Comparable Water Agencies Board Compensation report was published information available from public websites. The board compensation from the twelve (12) comparable water agencies was obtained from transparentcalifornia.com. Additional information was obtained from the individual water agency’s websites. There were no requests for information sent to the agencies referenced in the report and no responses.

Please advise me who selected the agencies and what was the criteria used.

The Human Resources Committee, which was led by yourself and Barbara Willey, agreed on the comparator agencies and criteria to be analyzed. The criteria used included (1) geographic proximity to DWP; (2) number of service connections; (3) FTE count; (4) budget; (5) expenditures per capita; (6) FTE / service connection ratio; (7) median household income; (8) median home price; and (9) cost of living comparison. For the Board Commissioner’s compensation, the consultant was instructed by the Human Resources Committee to survey salary and benefits of local Bear Valley agencies.

Forward me the specific portion of the initial consultant’s recommendation, specifically as it relates to the Commissioner’s salary and benefits and all email communication to and from said consultant related to the discussion or contemplation of increases to the Commissioner’s salary.

Included with the January 11, 2022 agenda report to the City Council was Exhibit B Koff’s Exhibit J
Lee PRR Letter
February 1, 2022
Market Compensation Data December 2019 and Exhibit D Koff’s Recommendations. For your reference, both reports are also attached to this letter. There are no emails between the consultant and the DWP that relate to discussion or contemplation of increases to the Commissioner’s salary in addition to the two attached reports.

Forward me all email communication related to Commissioner’s increases you sent and/or received to the City Manager, any member of the Council, members of the Commission or to staff, so that I may appreciate the totality of this issue.

After a careful review of all my email communication as requested, I identified twelve (12) emails related to the Commissioner’s increases and responsive to your public records request.

The emails are attached for your review.

Advise who’s decision it was to reduce the initial recommendation from a 50% increase to a 25% increase, and the basis for the reduction recommendation.

For the January 11, 2022 City Council meeting, the City Manager made the decision to reduce the initial recommendation from a 50% increase to a 25% increase. Mr. Rush can advise you on the basis for the reduction recommendation.

Sincerely,
Reginald A. Lamson
General Manager
Exhibit J
City of Big Bear Lake, Department of Water and Power - Market Compensation Data (sorted by Total Compensation) December 2019
Rank Comparator Agency Classification
Title Top Step Benefits Package
Total
Monthly
Comp
Salary
Effective
Date
Next Salary
Increase
Next
Percentage
Increase
1 City of Big Bear Lake Council Member $ 500 $ 2,261 $ 2,761 12/12/2016 unknown unknown 2 Big Bear Municipal Water District Board Member $ 633 $ 1,512 $ 2,145 unknown unknown unknown 3 Big Bear Area Regional Wastewater Agency Board Member $ 900 $ 0 $ 900 10/23/2013 unknown unknown 4 Big Bear City Community Services District Board Member $ 900 $ 0 $ 900 unknown unknown unknown 5 City of Big Bear Lake, Department of Water and Power Board Member $ 400 $ 21 $ 421 6/22/2019 unknown unknown 6 Big Bear Airport Board Member $ 400 $ 0 $ 400 5/9/2018 unknown unknown Top Monthly Total
Monthly
Insuff. Data Insuff. Data
Insuff. Data Insuff. Data
Insuff. Data Insuff. Data
Insuff. Data Insuff. Data
5 5
Median of Comparators
% City of Big Bear Lake, Department of Water and Power Above/Below Number of Matches
N/C - Non Comparator
Board Member
Summary Results
Average of Comparators
% City of Big Bear Lake, Department of Water and Power Above/Below Exhibit B
Exhibit J
Exhibit D Exhibit J
1 Reggie Lamson
From: Frank Rush <[email protected]>
Sent: Thursday, April 1, 2021 2:58 PM
To: Reggie Lamson
Cc: Erica Stephenson; Kelly Ent
Subject: RE: Please advise when we are sending the attached resolution to the City Council for review Reggie –
I am still expecting to have a budget workshop meeting sometime in late May (perhaps May 24), and my thought is to present it informally then with your budget and the other proposed compensation adjustments, gauge their reaction, and then schedule for the June 7 meeting. Will that work? Frank
_________________
Frank A. Rush, Jr.

City Manager
City of Big Bear Lake
39707 Big Bear Boulevard
PO Box 10000
Big Bear Lake, CA 92315
909-866-5832 office
252-241-6995 mobile
[email protected]
www.citybigbearlake.com
Southern California’s Premier Four-Season Resort!
Exhibit J
2 From: Reggie Lamson <[email protected]>
Sent: Thursday, April 1, 2021 2:46 PM
To: Frank Rush <[email protected]>
Subject: FW: Please advise when we are sending the attached resolution to the City Council for review Hi Frank,
Recently you requested that we postpone DWP’s Board’s request to increase their monthly stipend from $400/month to $600/mo. Are any of these Council Meetings acceptable, 6-7-21, 6-21-21, 7-19-21, or another alternative? Thanks
Reggie
From: Leeanne Eagleson <[email protected]>
Sent: Monday, March 8, 2021 10:15 AM
To: Reggie Lamson <[email protected]>
Subject: FW: Please advise when we are sending the attached resolution to the City Council for review Good morning Reggie,
Are we forwarding the attached resolution to the City Clerk? Please advise,
Leeanne Eagleson
Management Analyst/Board Secretary
City of Big Bear Lake, Department of Water and Power
41972 Garstin Drive
Big Bear Lake, CA 92315-1929
909-866-5050 ext. 204
From: Leeanne Eagleson
Sent: Thursday, February 25, 2021 1:17 PM
To: Reggie Lamson <[email protected]>
Subject: Please advise when we are sending the attached resolution to the City Council for review Good afternoon Reggie,
After you have your conversation with Frank Rush, please advise when we are sending the attached resolution to the City Council for review and consideration.

Exhibit J
3 Thank you and may you have a wonderful day,
Leeanne Eagleson
Management Analyst/Board Secretary
City of Big Bear Lake, Department of Water and Power
41972 Garstin Drive
Big Bear Lake, CA 92315-1929
909-866-5050 ext. 204
Exhibit J
1 Reggie Lamson
From: Frank Rush <[email protected]>
Sent: Wednesday, June 2, 2021 12:31 PM
To: Erica Stephenson; Rebecca F. Cannon
Cc: Reggie Lamson
Subject: FINAL - Item 1.8
Attachments: DWP Board Compensation - City Manager Cover.docx; Item 1.8 - DWP Board Compensation Agenda Report.docx; Item 1.8- DWP Board Resolution.docx; Board Compensation staff report City 06.07.21.pdf; Resolution No. DWP 2021-07 Board Commissioners Compensation.pdf; DWP Market Compensation Study.pdf; City Resolution No. 2005-13.pdf; Ordinance Section

13.24.080.pdf
CAUTION: *** CAUTION EXTERNAL EMAIL: This email originated outside of DWP . DO NOT click links or open attachments unless you verify the sender and know the content is safe ***

1.8 RESOLUTION SETTING THE DEPARTMENT OF WATER AND POWER BOARD OF COMMISSIONERS COMPENSATION City Council will consider a formal resolution to increase the Department of Water and Power (DWP) Board of Commissioners compensation. The DWP Board’s compensation was last increased by the City Council in June 2005 to a monthly $400 stipend. Recently, the DWP Board’s compensation was reviewed as part of a professional Classification and Total Compensation study. As a result of this study, the DWP Board is respectfully requesting that the City Council consider a $200 monthly increase and set the new monthly DWP Board compensation rate at $600.

Frank Rush
City Manager, Big Bear Lake
39707 Big Bear Blvd., PO Box 10000 Big Bear Lake, CA 92315 909.866.5832 | www.citybigbearlake.com
Big Bear Lake City Hall is open Monday - Friday, from 8:00 a.m. - 5:00 p.m.

Please note that email correspondence with the City of Big Bear Lake, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

Exhibit J
1 Reggie Lamson
From: Frank Rush <[email protected]>
Sent: Monday, September 20, 2021 9:23 AM
To: Reggie Lamson
Subject: RE: DWP and Planning Commission Board Compensation CAUTION: *** CAUTION EXTERNAL EMAIL: This email originated outside of DWP . DO NOT click links or open attachments unless you verify the sender and know the content is safe ***
Reggie – Thanks for sending along to me. I was out of cell service range all weekend, but will give you a call sometime today or tomorrow to discuss. Frank Frank Rush
City Manager, Big Bear Lake
39707 Big Bear Blvd., PO Box 10000 Big Bear Lake, CA 92315 909.866.5832 | www.citybigbearlake.com
Big Bear Lake City Hall is open Monday - Friday, from 8:00 a.m. - 5:00 p.m.

Please note that email correspondence with the City of Big Bear Lake, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: Reggie Lamson <[email protected]>
Sent: Friday, September 17, 2021 4:22 PM
To: Frank Rush <[email protected]>
Subject: DWP and Planning Commission Board Compensation Hi Frank,
Attached is the revised staff report and additional attachments for subject compensation request. I will call to discuss.

Thanks
Reggie
Exhibit J
1 Reggie Lamson
From: Frank Rush <[email protected]>
Sent: Friday, September 24, 2021 5:39 AM
To: Reggie Lamson
Subject: Re: Water district compensation
CAUTION: *** CAUTION EXTERNAL EMAIL: This email originated outside of DWP . DO NOT click links or open attachments unless you verify the sender and know the content is safe ***
Thank you.

Frank Rush
City Manager, Big Bear Lake
39707 Big Bear Blvd., PO Box 10000 Big Bear Lake, CA 92315 909.866.5832 | www.citybigbearlake.com
Big Bear Lake City Hall is open Monday - Friday, from 8:00 a.m. - 5:00 p.m.

Please note that email correspondence with the City of Big Bear Lake, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: Reggie Lamson <[email protected]>
Sent: Thursday, September 23, 2021 8:24:52 PM
To: Frank Rush <[email protected]>
Subject: Re: Water district compensation

I will have HR call the water agencies that were used in our comp study Sent from my iPhone
On Sep 23, 2021, at 2:20 PM, Frank Rush <[email protected]> wrote:

Exhibit J
2 CAUTION: *** CAUTION EXTERNAL EMAIL: This email originated outside of DWP . DO NOT click links or open attachments unless you verify the sender and know the content is safe ***
Reggie –

Could you please send me the comparisons that you have for Board member compensation for other water districts? Depending on what you have, could you please also have someone call some other water districts in the Inland Empire and/or High Desert and report those to me also?

Could I possibly get this from you by the end of the day on Monday?

Thanks,

Frank

Frank Rush
City Manager, Big Bear Lake
<image187 079. png>
39707 Big Bear Blvd., PO Box 10000 Big Bear Lake, CA 92315 909.866.5832 | www.citybigbearlake.com <image451 338. png> <image879 351. png> <image303 428. png> Big Bear Lake City Hall is open Monday - Friday, from 8:00 a.m. - 5:00 p.m.

Please note that email correspondence with the City of Big Bear Lake, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

Exhibit J
1 Reggie Lamson
From: Reggie Lamson
Sent: Monday, September 27, 2021 11:58 AM
To: Frank Rush
Subject: FW: Board Compensation
Attachments: Board Compensation Binder 2 sided printing.pdf Hi Frank,
Attached is water agency board member compensation information. We use the same twelve water agencies from our employee compensation study for this comparison. We received limited information from some of the agencies so we obtained most of the information off of the Transparent California web site. I will call you after lunch to discuss.

Thanks
Reggie
Exhibit J
1 Reggie Lamson
From: Frank Rush <[email protected]>
Sent: Monday, December 13, 2021 6:17 PM
To: Reggie Lamson; Erica Stephenson
Cc: Leeanne Eagleson; Danielle McGee; Danny Ent
Subject: Re: 1 Board Compensation staff report City 01.03.22.docx CAUTION: *** CAUTION EXTERNAL EMAIL: This email originated outside of DWP . DO NOT click links or open attachments unless you verify the sender and know the content is safe ***
Thank you Reggie.

Frank Rush
City Manager, Big Bear Lake
39707 Big Bear Blvd., PO Box 10000 Big Bear Lake, CA 92315 909.866.5832 | www.citybigbearlake.com
Big Bear Lake City Hall is open Monday - Friday, from 8:00 a.m. - 5:00 p.m.

Please note that email correspondence with the City of Big Bear Lake, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: Reggie Lamson <[email protected]>
Sent: Monday, December 13, 2021 4:57:46 PM
To: Frank Rush <[email protected]>; Erica Stephenson <[email protected]> Cc: Leeanne Eagleson <[email protected]>; Danielle McGee <[email protected]>; Danny Ent <[email protected]> Subject: 1 Board Compensation staff report City 01.03.22.docx

Hi Erica and Frank,
Attached is the requested information for the 1-3-21 Council Meeting. Please let me know if you require additional information.

Thanks
Reggie
Exhibit J
1 Reggie Lamson
From: Frank Rush <[email protected]>
Sent: Tuesday, December 21, 2021 4:23 PM
To: Reggie Lamson
Subject: RE: DWP Board Member Total Monthly Compensation CAUTION: *** CAUTION EXTERNAL EMAIL: This email originated outside of DWP . DO NOT click links or open attachments unless you verify the sender and know the content is safe ***
Thank you!
Merry Christmas to you and your family!
Frank Rush
City Manager, Big Bear Lake
39707 Big Bear Blvd., PO Box 10000 Big Bear Lake, CA 92315 909.866.5832 | www.citybigbearlake.com
Big Bear Lake City Hall is open Monday - Friday, from 8:00 a.m. - 5:00 p.m.

Please note that email correspondence with the City of Big Bear Lake, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

From: Reggie Lamson <[email protected]>
Sent: Tuesday, December 21, 2021 4:21 PM
To: Frank Rush <[email protected]>
Subject: DWP Board Member Total Monthly Compensation
Hi Frank,
Each Board Member receives $400/mo.

Each Board Member contributes $15/mo. of their $400 towards a 457 account. (APPLE).

Each Board member receives a $15/month (3.75%) match towards their 457 account (APPLE).

Exhibit J
2 2 of the Board Members receive $6.00/month towards a $25,000 Life Insurance Policy. 3 of the Board Members receive $3.01/month towards a $12,500 Life Insurance Policy.

Note: Board Members 70 years old or older are only eligible for a $12,500 Life Insurance Policy.

Summary:
2 Board Members receive $400 + $15 + $6 = $421.00/mo.
3 Board Members receive $400 + $15 + $3.01 = $418.01/mo.

Please let me know if you need additional information. I will be on vacation for the rest of the year, so it will be best to text me if you need anything.

Thanks and Merry Christmas!
Reggie
Exhibit J
1 Reggie Lamson
From: Reggie Lamson
Sent: Tuesday, January 11, 2022 9:36 AM
To: [email protected]
Cc: Frank Rush; Bob Tarras
Subject: Comparable Water Agency Board Compensation.xlsx Attachments: Comparable Water Agency Board Compensation.xlsx Hi Rick,
Attached is a spread sheet that shows the Board or Council member total annual compensation, yellow highlight. These numbers were generated from the State webpage and are generally from reporting calendar year 2019. You may notice that DWP’s compensation is less than $4,800 ($400 X 12 mo.). That is because DWP had some vacancies on the Board that year and the State webpage shows actual compensation paid during a calendar year. The twelve agencies used in the table are the twelve agencies that where used in DWP’s recently completed compensation study. This table was put together by DWP staff, not the compensation study consultant. The intent of the table is to give you a general idea of what other comparable water providers are compensating their Board members within San Bernardino County.

Reggie
Exhibit J
1 Reggie Lamson
From: Reggie Lamson
Sent: Tuesday, December 21, 2021 7:45 PM
To: Bob Tarras
Subject: Fwd: FINAL - Item 1.9
Attachments: image434293.png; image765534.png; image590944.png; image257919.png; DWP Board Compensation - City Manager Cover.docx; DWP Board Compensation Agenda Report.docx; Resolution - DWP Board Compensation.docx; 1 Board Compensation staff report City 01.03.22.docx; 2 Exhibit A City Resolution No. 2005-13.pdf; 3 Exhibit B Market Compensation Study.pdf; 4 Exhibit C Resolution No. DWP 2021-07 Board Commissioners Compensation.pdf; 5 Exhibit D Koff Recommendation.pdf; 6 Exhibit E 1-03-22 COLA Urban Wage Earners Clerical Workers.pdf Sent from my iPhone
Begin forwarded message:

From: Frank Rush <[email protected]>
Date: December 21, 2021 at 5:00:44 PM PST
To: Erica Stephenson <[email protected]>, "Rebecca F. Cannon" <[email protected]> Cc: Reggie Lamson <[email protected]>
Subject: FINAL - Item 1.9

CAUTION: *** CAUTION EXTERNAL EMAIL: This email originated outside of DWP . DO NOT click links or open attachments unless you verify the sender and know the content is safe ***

Frank Rush
City Manager, Big Bear Lake
39707 Big Bear Blvd., PO Box 10000 Big Bear Lake, CA 92315 909.866.5832 | www.citybigbearlake.com
Exhibit J
2 Big Bear Lake City Hall is open Monday - Friday, from 8:00 a.m. - 5:00 p.m.

Please note that email correspondence with the City of Big Bear Lake, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.

Exhibit J
1 Reggie Lamson
From: Reggie Lamson
Sent: Thursday, December 9, 2021 4:45 PM
To: Leeanne Eagleson
Subject: Board of Commissioner's Compensation
All,
Frank Rush would like to request the Council consider increasing the DWP Board of Commissioner’s compensation during the January 3, 2022 Council Meeting.

He plans on placing the item on the consent calendar and the staff report will only address the DWP Board of Commissioner’s compensation and he will address the Planning Commission’s compensation at a later date. Hopefully, the third time will be the charmer.

Thanks for your patience,
Reggie
Exhibit J
1 Reggie Lamson
From: Reggie Lamson
Sent: Thursday, March 4, 2021 3:13 PM
To: Leeanne Eagleson
Subject: RE: Board Member Stipend
Thanks
From: Leeanne Eagleson <[email protected]>
Sent: Thursday, March 4, 2021 1:52 PM
To: Reggie Lamson <[email protected]>
Subject: RE: Board Member Stipend
Good afternoon Reggie,
It appears the $400 Board compensation was decided in June 2005. See attached City Resolution 2005-13.

May you have a wonderful day,
Leeanne Eagleson
Management Analyst/Board Secretary
City of Big Bear Lake, Department of Water and Power
41972 Garstin Drive
Big Bear Lake, CA 92315-1929
909-866-5050 ext. 204
From: Reggie Lamson <[email protected]>
Sent: Wednesday, March 3, 2021 2:11 PM
To: Leeanne Eagleson <[email protected]>
Subject: Board Member Stipend
Hi Leeanne,
Please research old agendas to try and determine when the Board member’s stipend was set at $400/month.

Thanks
Exhibit J
2 Reggie
Exhibit J
1 Reggie Lamson
From: Reggie Lamson
Sent: Monday, December 27, 2021 8:40 PM
To: Rachel Franklin
Subject: Board Compensation
Hi Rachel
Tomorrow, can you resend the Board Member compensation information you put together on the 12 agencies used in the comp study.

Thanks
Reggie
Sent from my iPhone
Exhibit J

MEETING DATE: February 7, 2022
TO: Honorable Mayor Herrick and Members of the City Council FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments – Item 3.2

ORDINANCE APPROVING AND ADOPTING A CITY POLICY

REGARDING THE USE OF CITY FACILITIES AND RESOURCES FOR POLITICAL CAMPAIGN ACTIVITIES

ACTION TO BE CONSIDERED
City Council will consider reading the title, waiving further reading, and introducing an ordinance that would approve and adopt a formal City policy prohibiting campaign activities at certain City facilities. The proposed ordinance would specifically prohibit these activities by any candidate or group inside of or on the grounds of any City of Big Bear Lake government building, including the Civic Center campus, the City Public Works facility, and the Department of Water & Power facility. The proposed ordinance would not apply to other local, State, and Federal government buildings in the City, however, campaign activities would be regulated by the building owner and/or public agency housed therein, and may or may not be permitted. Campaign activities would continue to be permitted on private property (with the consent of the property owner), in City parks, and on City sidewalks, provided such activities do not create an unsafe condition for park users, pedestrians, or others. The proposed ordinance is presented to avoid the appearance of City support for a particular candidate or either side of any proposed ballot measure or citizen initiative.

RECOMMENDED MOTION(S)
Motion to adopt the Ordinance Approving and Adopting a City Policy Regarding the Use of City Facilities and Resources for Political Campaign Activities.

RESPONSIBLE STAFF Stephen Deitsch, City Attorney

ADDITIONAL CITY MANAGER COMMENTS
The proposed ordinance is presented in anticipation of a spirited community debate regarding the proposed vacation rental citizen initiative, and is intended to avoid public campaigning by ALL sides of the debate at City facilities. The proposed ordinance will also be helpful for other future campaigns, either by individual candidates or other proponents and opponents of a particular ballot measure.

This issue has also generated questions about the City’s policy regarding campaign signs. As codified in Section 17.12.050 of the Development Code, campaign signs are permitted in specified locations (with property owner consent) and are not subject to any time limits before or after an election. The City does limit the placement of temporary non-commercial signs for special events to the period 30 days prior to and 10 days after the event, but specifically exempts campaign signs from this requirement. If the Council seeks to also apply these timeframes (or alternative timeframes) to campaign signs, I will instruct Community Development staff to schedule this potential amendment for discussion and consideration by the Planning Commission at a future meeting. Any recommendations from the Planning Commission would ultimately be presented to the City Council for final consideration.

I have pasted a summary of the City’s existing regulations regarding campaign signs below:

Campaign signs fall under “Temporary non-commercial signs” within section 17.12.050 Exemptions from Sign Permit Requirements. To briefly summarize, temporary noncommercial signs, including political signs are:

A) not allowed affixed to any public property;
B) are allowed on any private property with property owner permission and are required to meet all development standards;
C) may not be placed within the public right-of-way; and D) may not be placed in Caltrans right-of-way.

These rules are found in the bold sections below under Development Standards (b), (c), & (f), noted below.

Section 17.12.050(R)(1)(c) is interpreted to mean that such signs are not allowed on public property. Section (R)(1)(f) is also interpreted to mean that public property also requires “property owner permission”, which the City does not grant for the placement of political signs.

All Development Standards (a) through (j) below apply to political signs on private property.

Additionally, Section 17.12.050(R)(1)(c) is interpreted to mean both City-owned public right-of-way and Caltrans right-of-way.

The specific language in the Development Code is as follows:

17.12.050 EXEMPIONS FROM SIGN PERMIT REQUIREMENTS
R. Temporary non-commercial signs. The city finds that there is a need to provide for certain temporary non-commercial signs in order to provide opportunities for free expression. The city further finds that it is necessary to regulate the number, size and location of such signs in order to reduce visual clutter and debris throughout the city. All temporary non-commercial signs including, but not limited to religious, charitable, civic, homeowner association, educational, political or cultural posters or special events of civic, philanthropic, educational or religious purposes when in conformance with the following provisions:

1.Development Standards. Temporary non-commercial signs shall be exempt only if they conform to all of the following standards:
a. Maximum size of the sign shall not exceed thirty-two (32) square feet and the top of the sign shall not be placed higher than eight feet above grade.
b. Special event signs shall not be posted for more than thirty (30) days prior to and ten (10) days after such event, except that political signs shall be exempt from the requirement that they may not be posted more than thirty (30) days prior to an election.
c. Such signs shall not be permitted to be stuck, glued, painted, pasted, posted, nailed, stapled or otherwise affixed to any public property, publicly owned sign, public appurtenance, utility pole, fire hydrant, tree, boulder, or other natural feature, and may not be placed within the public right-of-way.
d. Such temporary non-commercial signs shall not obscure traffic signs and signals nor block motorists' line of sight.
e. It shall be unlawful to attach, connect or otherwise affix any sign to another permanent or temporary sign, or direct, permit or allow such action, without the permission of the owner of the permanent or temporary sign.
f. Property owner permission shall be obtained for erection of temporary signs, provided that written evidence of such permission need not be submitted to the city prior to erection of the signs. g. No more than three signs or ninety-six (96) cumulative square feet of temporary non-commercial signage may be erected on any single parcel of land. Signs shall be spaced accordingly to ensure visibility of all signs on the site and to maintain clear vehicle sight distance. h. Such temporary non-commercial sign shall contain information about the individual or organization which owns or has erected the sign, along with the address or phone number of such entity.
i. Such temporary non-commercial signs shall not be illuminated. j. Such temporary non-commercial signs shall incorporate the applicable design standards set forth for all signs.

2. Violation. Except as otherwise provided herein, upon a determination of any violation of the provisions of this subsection regulating all temporary noncommercial signs, the enforcement officer shall send notification in writing to the owner of such sign, if such owner is known, stating that the sign has been determined to be illegally erected and requiring its removal within ten (10) days of the date of such written notice. If a potential violation of this subsection is identified with respect to political signs prior to an election, the enforcement officer shall schedule the matter for public hearing by the planning commission for a decision as to whether a violation has occurred. Upon determination that a violation exists with respect to any temporary non-commercial sign, if the sign is not removed within the specified time period, the enforcement officer may cause the sign to be removed, and shall notify the sign owner in writing of any sign removal, stating the location where his or her sign is being held and that it will be destroyed if not claimed by the owner within ten (10) days after the date of such notice. In the event that the owner does not claim such sign within the ten (10) day period, the enforcement officer may destroy or otherwise dispose of such sign. The owner of the sign shall reimburse the city for the actual costs of removing, storing, and destroying or otherwise disposing of the sign.

3. Removal of Signs. No person shall remove, destroy, relocate, or otherwise disturb any lawfully-erected temporary non-commercial sign, or direct, permit or allow such removal, destruction, relocation or disturbance, without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be presumed that the committee who has registered with the Secretary of State to support a position on a ballot proposition is the party who erected the sign taking the position on the ballot measure. Nothing in this subsection shall prohibit the owner of a piece of property, or his or her authorized representative, from removing a sign from his or her property when the temporary non-commercial sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the enforcement officer or other authorized representative of the city from taking action to abate sign violations.

MEETING
DATE: February 7, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Stephen P. Deitsch, City Attorney
SUBJECT: Ordinance Approving and Adopting a City Policy Regarding the Use of City Facilities and Resources for Political Campaign Activities

BACKGROUND
The City Council has previously enacted policies that prohibit City staff from engaging in political campaign activities during working hours and on City premises. However, state law also prohibits the use of public resources for campaign purposes or for influencing elections. City staff has requested a City policy providing that City facilities may not be used by any person for political campaign activities.

DISCUSSION
California Government Code section 3207 allows the City to enact regulations (i) that prohibit or restrict City officers and employees from engaging in political activity during working hours, and (ii) that prohibit or restrict political activities being conducted on the City’s premises.

Additionally, the California Supreme Court decision in Stanson v. Mott prohibits the use of public resources for political campaign activities.

Several existing City policies, such as the City’s Code of Ethics, Employee Performance & Conduct Policy, and Rules and Regulations, generally prohibit City staff from engaging in political campaign activities during working hours and on City premises. This implements the first part of Government Code section 3207. However, the existing policies do not address the second part of section 3207 - the use of City facilities for political campaign activities. The attached Ordinance and Policy provide that City facilities may not be used by any person for those purposes, consistent with Government Code section 3207 and Stanson v. Mott.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ENVIRONMENTAL CONSIDERATIONS
None requiring review under the California Environmental Quality Act (CEQA).

ATTACHMENT

1. Ordinance No. 2022-xxx
ATTACHMENT 1
Ordinance No.
2022-xxx

ORDINANCE NO. 2022-xxx

ORDINANCE APPROVING AND ADOPTING A CITY POLICY

REGARDING THE USE OF CITY FACILITIES AND RESOURCES

FOR POLITICAL CAMPAIGN ACTIVITIES
WHEREAS, California Government Code section 3207 enables cities to enact rules and regulations prohibiting or restricting officers and employees of the City from engaging in political activities during working hours and prohibiting or restricting political activities on City premises; and
WHEREAS, political candidates and political committees are prohibited from using public resources under the City’s control to influence voters in an election under Stanson v. Mott (1976) 17 Cal.3d 206; and
WHEREAS, the City Council intends to clarify and memorialize the scope of limitations on political activities applicable to the use of City resources, including City facilities, equipment, and staff pursuant to State law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BIG BEAR LAKE DOES ORDAIN AS FOLLOWS:

Section 1. The above recitals are true and correct and are incorporated in full herein by this reference.

Section 2. The City hereby adopts the “City Policy Regarding Use of City Facilities and Resources For Political Campaign Activities” (the “Policy”), attached hereto as Exhibit “A” and incorporated herein by this reference.

Section 3. If any section, subsection, sentence, clause, phase or word of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 4. This Ordinance supersedes and voids all prior ordinances, resolutions, and other City Council actions that are inconsistent with its terms.

Section 5. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption.

PASSED, APPROVED AND ADOPTED THIS XX day of March, 2022. ________________________
Rick Herrick, Mayor
ATTEST:
________________________
Erica Stephenson, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF BIG BEAR LAKE )
I, Erica Stephenson, City Clerk of the City of Big Bear Lake, California, do hereby certify that the whole number of the City Council of the said City is five; that the foregoing Ordinance No. 2022-xxx is a full, true and correct original of Ordinance No. 2022-xxx of the City of Big Bear Lake entitled:

ORDINANCE APPROVING AND ADOPTING A CITY POLICY

REGARDING THE USE OF CITY FACILITIES AND RESOURCES

FOR POLITICAL CAMPAIGN ACTIVITIES
was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the Clerk of Said City, all at a regular meeting of the said Council on the XX day of March 2022, and that the same was so passed and adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California that the foregoing Ordinance No. 2022-xxx was duly and regularly published according to law and the order of the City Council and circulated within the said City.

Erica Stephenson, City Clerk

POLICY REGARDING USE OF CITY FACILITIES AND RESOURCES

FOR POLITICAL CAMPAIGN ACTIVITIES
I. Purpose
City of Big Bear Lake (“City”) staff and facilities have been specifically designated for purposes in service of the public. The purpose of this Policy is to prevent the use of the City’s facilities and resources for political campaign activities.

II. Limited Use of City Property and Facilities
In addition to conducting the official business of the City, some City facilities may be made available on a space-available basis to non-profit community organizations for educational, civic, and social purposes. Uses must be compatible with the schedule, operating hours, and purpose of the facility, subject to any applicable facility use fee and the approval of the City Manager or the City Manager’s designee.

Activities that interfere with or disrupt the primary designated purposes and functions of City facilities, such as soliciting, are prohibited on City property. Further, pursuant to California Government Code section 3207, political campaigning and related activities are deemed to be contrary to the designated purposes and functions of City facilities and are, therefore, prohibited at City facilities.

III. Prohibited Use of Public Facilities and Resources for Influencing Elections Political candidates and political committees are prohibited from using public resources under the City’s control to influence voters in an election. (Stanson v. Mott (1976) 17 Cal.3d 206.) Public resources include any City property, including buildings, facilities, funds, equipment, telephones, supplies, computers and vehicles. Public resources also include the time and attention of City staff during their work hours.

City property shall not be used for political campaign activities. For purposes of this Policy, “political campaign activities” shall include the following:
(A) any activity that relates to the election or defeat of any candidate or potential candidate for public office or of a ballot measure;
(B) any activity related to political lobbying;
(C) any activity related to collecting or soliciting political contributions; (D) any activity related to making political speeches, recruiting for political meetings or rallies, posting of campaign signs or depositing or distributing political literature; and
(E) soliciting guests or users of City property, whether directly or indirectly, to work or engage in any of the activities listed above.

Notwithstanding the above, “political campaign activities” shall not include:
(A) incidental wearing of shirts, hats, buttons, or other clothing that advocates for or against a political candidate or measure, provided that the person wearing such clothing engages in none of the campaign activities listed above; (B) spontaneous personal conversations between individuals about political issues who consent to participate in such a discussion; (C) City-sponsored events intended solely to educate (and not advocate to) the public about political issues (e.g.: candidate forums where all candidates are invited to speak; public information meetings about a local measure, etc.); (D) voter registration efforts which are non-partisan, provided that anyone conducting such efforts engages in none of the campaign activities listed above; or
(E) the City Council, or any City board or commission, taking a public position on a state or local ballot measure at a duly agendized meeting of the Council, board or commission, provided members of the public also have the opportunity to express their opinions on the measure during public comment.

City-sponsored events are not to be used for engaging in political campaign activities.

City staff are strictly prohibited from using their time during work hours to volunteer, contribute to, coordinate, or otherwise assist any political campaign activity (however, they may do so during off-work hours). City staff are also strictly prohibited from using any City property, facilities, equipment, or communications networks in support of any political campaign.

IV. Non-Applicability to Protected Speech
Except as set forth above, political and commercial speech that is protected by the United States and the California Constitution shall not be prohibited or restrained by this Policy.

MEETING
DATE: February 7, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Frank A. Rush, Jr., City Manager
SUBJECT: City Manager Comments
COVID Update
As of February 2, there have now been 2,528 cumulative COVID cases in the Big Bear Valley since March 2020. This represents an increase of 477 cases since January 5, or an average of approximately 17 new cases per day, which is the highest number of cases in a month since the pandemic began. This total likely understates the number of new cases, as some cases may have been identified with home test kits but not followed up and confirmed with a PCR test that would be reported to San Bernardino County public health officials. There are a total of 18,941 residents in the Big Bear Valley, and thus at least 13.3% of the population (approximately 1 out of every 7.5 people) has now contracted COVID at some point in the last two years.

Recent reports indicate that the Omicron surge has begun to decline. Data for all of San Bernardino County indicates a significant decrease in new cases over the past couple of weeks, and we are hopeful that decline will also occur in the Big Bear Valley. Because the Omicron variant appears to be less severe, because more people have been vaccinated and/or previously infected, and because society appears to be more resigned to the fact that COVID will continue to pose a manageable risk in the future, nearly all communities have now taken a similar approach toward managing the pandemic – encouraging vaccination, the wearing of masks indoors, social distancing, and safe actions by each individual based on their personal circumstances and risk.

The City continues to take this same approach, and has essentially taken this same approach for the entire duration of the pandemic. It is interesting to note that during the first two and a half months of the pandemic (mid-March 2020 to late May 2020), the State of California and other places in the United States shuttered most businesses, schools, and social interaction. During that time period (approximately 10 weeks), the Big Bear Valley had experienced a grand total of 9 COVID cases, and total cases at that time were significantly lower nearly everywhere compared to the experience over the last 2 months. Clearly, society’s management of COVID and the level of risk acceptance has changed dramatically.

There have now been a total of 48 COVID deaths reported and attributed to COVID in the Big Bear Valley. Sadly, an additional 9 deaths have been reported by the County since January 5.

Since March 2020, the deaths of approximately 1 in every 394 residents of the Big Bear Valley, approximately 1 in every 347 residents of San Bernardino County, and approximately 1 in every 496 residents of California have been attributed to COVID.

COVID Vaccinations
As of February 1, COVID vaccinations are as follows (% of residents over age 5):

City of Big Bear Lake 80.5% at least one dose 67.9% fully vaccinated Big Bear City 44.6% at least one dose 38.8% fully vaccinated Fawnskin 61.6% at least one dose 54.3% fully vaccinated Sugarloaf 36.5% at least one dose 32.1% fully vaccinated San Bernardino County 65.4% at least one dose 56.7% fully vaccinated State of California 82.0% at least one dose 73.2% fully vaccinated.

The City continues to partner with San Bernardino County to offer vaccinations at City Hall. The schedule for vaccination events is as follows, from 10 am – 2 pm:

Friday, February 4
Friday, February 25
Friday, March 18.

The County is no longer offering Johnson & Johnson doses. Pfizer doses are expected to be available at each event, and booster shots are expected to be offered to qualifying individuals.

Appointments are recommended (www.myturn.ca.gov) but not required.

It should be noted that these events are subject to weather conditions. Inclement weather may lead to postponements or cancellations.

City Hall Testing Events
The City continues to partner with San Bernardino County to offer community testing events at City Hall. Testing events are scheduled for the following days, from 10 am – 2 pm:

Thursday, February 10
Thursday, February 24
Thursday, March 10
Thursday, March 24.

Appointments are recommended (https://sbcovid19.com/testing/) but not required.

It should be noted that these events are also subject to weather conditions. Inclement weather may lead to postponements or cancellations.

COVID Test Kits
In partnership with San Bernardino County, the City distributed approximately 800 home test kits to Big Bear Valley residents during two distribution events at City Hall in January. City staff expect a new delivery of home test kits in the coming days, and will schedule an additional distribution event at City Hall soon.

City Employee COVID Cases
Overall, 25 of the City’s 59 current employees have contracted COVID at some point since March 2020. There have been a total of 8 confirmed COVID cases among City employees between January 6 and February 3, and all of these employees have returned to work. There is 1 other suspected case currently, and this employee will remain out until cleared to return.

City Employee Vaccinations
As of February 3, a total of 34 of the City’s 59 current employees have been vaccinated. A total of 7 of these individuals either were vaccinated after having contracted COVID or contracted COVID after being vaccinated. An additional 18 City employees have previously contracted COVID but have not been vaccinated. Thus, 52 of the 59 current employees are believed to have some level of COVID antibodies.

California Indoor Mask Mandate
Masks continue to be mandated for all indoor activities in the State of California, regardless of vaccination status. City employees are required to wear a mask indoors, unless they are working alone away from others. Visitors to City Hall are required to wear a mask indoors.

The indoor mask mandate also applies to all private businesses, institutions, and other governmental agencies. Many businesses in Big Bear Lake are requiring masks for patrons and employees, and the implementation of this mandate is essentially on an honor system basis.

Neither the City, nor any State agency, is actively enforcing this mandate, and is instead relying on everyone to simply do the right thing and wear a mask indoors.

The indoor mask mandate remains in effect in California through February 15, unless extended.

With the significant decrease in new cases in many places in California, I expect that the State may make a decision to eliminate this mandate, or perhaps implement another extension as it gets closer to February 15.

Position Vacancies
We currently have a total of 4 vacant positions across the City organization: a Senior Administrative Analyst in Administrative Services, a Senior Administrative Analyst in City Clerk / Human Resources, a Counter Technician in Community Development, and a Principal Planner in Community Development. An additional 2 Facilities / Parks Maintenance Worker positions in Public Works have been filled, but 1 individual has not yet begun work and 1 other individual is still in the background process.

In an effort to improve customer service, we are considering the conversion of the vacant Counter Technician position into a second Building Inspector position. This change can be accomplished within the existing budget for the Community Development Department, and is intended to reduce the City’s reliance on outside consulting services, bring more plan review services in-house, enable City staff to build better relationships with our customers, improve communication regarding current project status with our customers, and result in timelier service. Ultimately, our goal is to help our customers move their projects along in a quicker, easier, and code-compliant manner.

December Budget Report
A copy of the December monthly budget report is attached. There are no significant budget concerns for FY 2021-22 at this point.

December Vacation Rental Compliance Report
A copy of the December vacation rental compliance report is attached. The number of weekly concerns reported continues to be approximately 20% of the amount experienced during late 2020.

January Public Records Act Report
A copy of the January public records act request report is attached. City staff are working to honor all of these requests in a reasonable time frame, however, the volume of requests continues to be higher than historically experienced by the City prior to 2021.

Special City Council Meeting – Thursday, February 17 at 9 am? I am attempting to schedule a special City Council meeting for Thursday, February 17 at 9 am for the Council to engage in further discussion about the City Council Code of Conduct and Rules of Order. Please let me know your availability on February 17.

I have attached a copy of the current version of the City Council Rules of Order, along with a similar document utilized by the City of Victorville, in case it is helpful to the City Council in developing new ideas.

City Budget / Capital Planning Workshop – Monday, March 21 We are in the process of developing the agenda for this special workshop meeting so that Council and staff can engage in a productive discussion as we begin the annual budget / capital planning process. City staff are developing several concepts for Council discussion on March 21, and please let me know if you have any specific budget / capital items you would like us to include on that meeting agenda.

If Council concurs, I would like to schedule this meeting to begin at 9 am on Monday, March 21.

Please let me know if you are comfortable with that time, orif you would prefer to hold the meeting at 6 pm that evening. I expect that the meeting will last for at least 4 hours, if not longer.

Citizen Initiative to Limit Vacation Rentals
The attached Proof of Publication confirms that the ballot title and summary of the proposed citizen initiative was published in the Big Bear Grizzly on January 19. The proponents of this initiative now have 180 days from January 13 to secure the signatures of 10% of the registered voters in the City in order for the process to move forward.

Paid Parking Proposal for The Village
We expect to meet with the Village Business Association later in February to review a proposal to implement paid parking in The Village. The current concept includes the use of a QR code parking fee collection system in most of the 805 parking spaces in The Village, with some number reserved as free parking for residents and employees. The current concept includes charging for parking on weekends and holidays only, and could generate approximately $300,000 - $400,000 annually for Village-related expenses. If the proposal is well-received, we will schedule a Council discussion of this proposal on the March 7 and/or March 21 meeting agendas.

Solid Waste Service Agreement
City staff are currently engaged in two efforts to move the City toward a new solid waste service agreement. A “Request for Information” has been sent to 8 regional solid waste companies and is posted on the City’s website. A copy of the RFI is attached for Council’s information. Responses are due back to the City by Thursday, February 10, and we will report the level of interest to the City Council soon thereafter. As of February 2, we have received word from Burrtec, a large solid waste company that currently provides service to San Bernardino County outside the City limits, that they are not interested in pursuing the future agreement with the City.

City staff have also met with representatives from Big Bear Disposal to further explain the desired scope of services and solicit a formal proposal from Big Bear Disposal. We are expecting to meet with Big Bear Disposal again sometime during the week of February 7, and will evaluate any formal proposal and present such to the City Council in the coming weeks.

Bear Valley Mutual Lease
The agreement was executed by the City on December 8, thus beginning the 6-month due diligence process, which will expire on June 8, 2022.

The due diligence process is proceeding well thus far. A Phase I environmental review has been completed, and did not reveal any significant environmental concerns on the property. The consultant has indicated that a Phase II review is not necessary.

The City’s initial review of financial information submitted by Bear Valley Mutual indicated that the City should expect approximately $340,000 of annual rental income from existing leases in place on the 19 acres, and that annual expenses should be less than annual rental income. I have tasked the City’s Director of Administrative Services with a more comprehensive analysis of the financial issues, and this process is underway.

I have also met with the owners of the two restaurants located on the property. The existing restaurant leases expire in February 2024, and the owners have requested that the City consider an extension of the leases. I informed the owners that, at my level, I am open to a possible extension, however, no decision on an extension would be made until after the City actually acquires control of the property (after June 8).

I have not yet had an opportunity to schedule a meeting with the residential tenants in the Leisure Bear Mobile Home Park, but have made arrangements to host this meeting at The Pines Restaurant on either a Monday or Tuesday evening, and will be working to schedule this meeting later in February. Mayor Herrick and Mayor Pro Tem Mote plan to attend with me and other appropriate City staff.

Perhaps the most significant item remaining in the due diligence process is a determination regarding the management of existing leases on the property. I am currently considering two potential approaches – a) utilizing the approximately $340,000 of annual rental income to hire additional personnel in the Administrative Services and Public Services departments to manage the property, or b) hiring a professional property management company to manage the property.

I expect to make further progress on this analysis in the next month.

Boardwalk Repairs Covered by Insurance, Property Transfer in Process On January 11, the City Council retroactively approved an authorization for emergency repairs that were made to the Stanfield Marsh Boardwalks resulting from a motor vehicle accident. The costs associated with the repairs were $47,630. City staff coordinated closely with the MWD staff on the repair effort and the MWD, since they are still the legal owner of the facilities, submitted the claim to their insurance provider. As a result of this claim, the MWD has been reimbursed for the loss, except for their standard deductible, and payment is in process to the contractor for this work.

Staff from both agencies continue to work with legal counsel to complete the transfer of these assets, including the boardwalks and adjacent land, to the City. We anticipate that this will be completed by the end of March 2022.

Clean California Grant Application Submitted
City staff have submitted a $600,000 grant application to the Clean California grant program to bolster the City’s litter prevention and collection efforts. Funding, if awarded, will be utilized to improve public outreach, enhance the planned dedicated litter collection efforts by new City employees, and enhance litter collection activities coordinated by Visit Big Bear. A grant funding decision is anticipated in March, and, if awarded, City Council will review the grant award soon thereafter.

Moonridge Amenities Selection
City staff recently met with Mayor Pro Tem Mote and Council Member Melnick to review options for lighting, benches, trash receptacles, signage, and more for the Moonridge project, and identified preferences for all amenities. City staff are completing additional analysis of these items, and we expect to present final selections to City Council at the March 7 meeting.

Selection of Consultant for Development of New Community Vision Proposals from qualified consultants are due to City staff on February 10, and a copy of the RFP is attached.

Mayor Herrick will appoint 1 member of the City Council and 1 member of the Planning Commission to review submitted proposals with City staff in mid-February, and we expect to present a contract award to City Council at the March 7 meeting.

Electric Vehicle Charging Stations
The City is still working to add 3 electric vehicle charging stations (2 slow chargers and 1 fast charger) in the Bartlett parking lot and 2 electric vehicle charging stations in the Pennsylvania parking lot. We expect that installation of the charging stations will occur by late February or early March, and should be available for public use sometime soon thereafter.

Discussions with 3 Different Potential Housing Developers I have engaged in different discussions with 3 different multi-unit housing developers in recent weeks, and continue to work to identify a pathway toward the construction of new workforce housing units in Big Bear Lake. Each of the 3 developers brings a slightly different, but very promising approach, and I am hopeful we can make something happen sooner rather than later.

Potential Creation of New Zone Specifically for Workforce Housing I am currently exploring the potential creation of a new zone to specifically encourage the construction of new multi-unit workforce housing in the City. The basic concept is essentially to carefully and thoughtfully identify existing underutilized commercial and/or vacant parcels in the City that would benefit from new or redevelopment, away from existing single-family neighborhoods, and specifically allow a higher housing unit density in these areas. The approval process would intentionally be structured to be ministerial, relatively quick, and with regulations targeted at addressing only the most important community concerns (low building height, attractive exterior, sufficient parking, and only a handful of others).

I hope to further develop this concept with City staff and the City Attorney in the coming weeks, and eventually present a formal plan to the Planning Commission and City Council later this spring.

Next EDAC Meeting Scheduled for Tuesday, February 8
The next committee meeting is scheduled for February 8 at 1 pm in City Hall. The committee is in the process of refining its areas of focus, with initial discussion about the SR 18 corridor, the “Gateways” to the City, and moving the community toward a more “family-friendly” culture and experience.

KMart Shopping Center
As of February 2, Seritage Properties is still in negotiations, and has not yet reached an agreement to sell the shopping center. City staff and our retail recruitment consultant, Retail Strategies, continue to communicate with the broker, potential buyers, and potential new tenants during this process.

We are hopeful that a decision will be made soon, and the buyer will soon be revealed to the City.

We continue to emphasize the need for a general merchandise retailer in Big Bear Lake.

Big Bear Valley-Wide TOT Ballot Measure
City Council has previously expressed interest in identifying a reliable and meaningful funding stream for both the Replenish Big Bear project and for the Big Bear Fire Authority, and TOT is likely the most viable revenue source for both. Because the Replenish Big Bear project will benefit the entire Big Bear Valley and because the Big Bear Fire Authority serves nearly the entire Big Bear Valley, I have been pursuing the potential creation of a new “TOT district” that includes the entire land area of the Big Bear Valley (the City limits and all unincorporated areas between the dam, the Mitsubishi plant, and Onyx Summit). If there is support from San Bernardino County Supervisor Dawn Rowe, and ultimately the entire County Board of Supervisors and the City Council, I could envision a potential ballot measure appearing on the ballot in November 2022.

I have requested a meeting with Supervisor Rowe for sometime in the coming weeks, and have suggested that Mayor Herrick and Mayor Pro Tem Mote attend this meeting with me to explore this possibility. At my level, I would envision a 1% TOT levied across all overnight accommodations in the Big Bear Valley, with one-half to two-thirds of the proceeds allocated for Replenish Big Bear, and one-third to one-half allocated for the Big Bear Fire Authority. Because both of these serve the entire Big Bear Valley, and if a TOT is the desired funding source for both, a Big Bear Valley-wide TOT would appear to be the fairest approach to providing funding for both. A new 1% Big Bear Valley-wide TOT could potentially generate approximately $1.0 - $1.6 million or more for these efforts.

Potential TOT Ballot Measure
City staff continue to consider a potential City TOT ballot measure, and plan to discuss this issue more with the City Council at the March 21 budget workshop meeting in conjunction with the development of the FY 2022-23 City budget and the updated draft of the 5-Year Capital Replacement / Improvement Plan.

TOT Collections By Hosting Platforms
Under the City’s new vacation rental ordinance, online hosting platforms are now required to collect and remit TOT and TBID assessments from vacation rental guests on a monthly basis.

VRBO has indicated they will collect both TOT (8%) and TBID (3%), however, AirBnB has indicated they will collect the TOT only (8%).

AirBnB is resistant to collecting and remitting the TBID (3%), citing legal concerns, and we continue to work with AirBnB on this issue and will hopefully resolve this issue soon. The City Attorney recently sent a letter to AirBnB explaining the City’s requirement for them to collect the TBID assessment.

In the absence of AirBnB collecting and remitting the TBID, the owner / manager will continue to be responsible for collecting and remitting the TBID to the City.

Visit Big Bear Report – January 27 Meeting
Visit Big Bear provided the following summary of their January 27 meeting:
• The VBB Board approved Fireworks Shows for 4th of July, Memorial Weekend and Labor Day Weekends. The existing VBB Grill & Chill event will continue for 2 days on Memorial Weekend and a new 2 day food, craft beer and music event will be added on Labor Day Weekend.
• Cherie Botnick from Spartan Race presented the Final Event Report for the 2021 Spartan Race and Spartan Games that occurred in October. In 2022, Spartan Race will be held in May. • David Lawrence, General Manager of BBARWA, presented the Replenish Big Bear Project and Memorandum of Understanding. The BBARWA request was forwarded to the VBB Committee for review and recommendation back to the full Board. • Visit Big Bear's Final Brand Refresh Presentation was presented by Consultant Gerrit Creps and approved by the VBB Board. Kickoff will be in the middle of March. • Our PR firm, Blubird Communications, presented their 2021 Year End Report which showed that our sponsored media visits to Big Bear are paying off in positive media coverage of Big Bear Lake. Also, our Care for Big Bear Campaign is resulting in good media coverage and visitor awareness of respecting our Valley and its environment.

Trial Dedicated Bus Lanes
We had hoped to implement a trial “dedicated bus lane” on Moonridge Road on a busy ski weekend this winter, however, after further discussion with Mountain Transit, the San Bernardino County Sheriff’s Department, and Big Bear Mountain Resorts, we could not identify a safe and effective way to implement such a feature. City staff continue to work with each of these groups to identify other solutions aimed at promoting efficient traffic flow on Moonridge and timely public transit service.

Potential Future Agenda Item Tracker
Tentative; currently known items for tracking purposes only. List subject to change depending on emerging circumstances, new issues, new requests. Represents best estimate at this time.

Item / Requested / Target
Issue Initiated By Meeting Date
Discussion – Council Rules of Order Council Members February 17 Mote / Putz Proposed Special Meeting
Electric Vehicle Charging Fees City Manager / Staff March 7 Pedestrian Village Council Members March 7
Mote / Melnick
Design Standards – Signs, Park Amenities Council Members March 7 (include choices for Moonridge) Mote / Putz
Public Hearing – Redistricting City Manager / Staff March 7 Solid Waste Franchise Agreement City Manager / Staff March 7 Short-Term Extension?
Increase Contract Award Thresholds, City Manager / Staff March 7 Revise Bid Authorization Procedures, etc.

Stanfield Cutoff Roundabout MOU City Manager / Staff March 7 Amendment
Memorial Day, Labor Day Fireworks City Manager / Staff March 7 Potential Paid Parking In Village City Manager / Staff March 7 Award Consulting Contract for Community City Manager / Staff March 7 Visioning Process
Street Striping Contract City Manager / Staff March 7
Contract Rotary Park Fencing City Manager / Staff March 7 Ordinance Allowing Demonstration Areas City Manager / Staff March 7 in Commercial Zones
2021 Annual Housing Element, General Plan City Manager / Staff March 7 Reports
Clean California Grant City Manager / Staff March 7
FY 2022-23 Budget Workshop City Manager / Staff March 21 Adopt New District Election Maps City Manager / Staff April 4 Zoning Amendments to Allow Higher Density, City Manager / Staff April 4 Other Housing Incentives, Apartments?
Appoint Advisory Committee for Community City Manager / Staff April 4 Visioning Process, General Plan
Construction Contract Award – Castle Rock City Manager / Staff April 4 TOT Discussion City Manager / Staff April 4
Mobile Home Park Enforcement Ordinance City Manager / Staff April 4 Kickoff Community Visioning, General Plan, City Manager / Staff April 18 Invite Planning Commission?
Health Insurance Plan Agreements City Manager / Staff May 2 Present FY 2022-23 Recommended Budget City Manager / Staff May 2 Proposed FY 2022-23 Fee Adjustments, City Manager / Staff May 2 Comprehensive Fee Schedule
New Labor Agreement City Manager/ Staff May 2
TOT Ballot Measure Resolution City Manager / Staff May 2 Building and Safety Month City Manager / Staff May 2
Contract Award – On-Call Consultants City Manager / Staff May 2 Records Retention Policy City Manager / Staff Uncertain City Clerk Employment Agreement City Council Uncertain
Planning Commission Compensation Council Member Mote Uncertain ADUs with Vacation Rentals City Manager / Staff Uncertain Offer City-Owned Properties for City Manager / Staff Uncertain Workforce Housing?
Amend Noise Ordinance City Manager / Staff Uncertain
Purchase Meeting Broadcast Equipment City Manager / Staff Uncertain Goldmine Music Festival Presentation Third Party Uncertain David Stroud
Simplify Special Event Fees City Council Uncertain
Comprehensive City Personnel Policy / City Manager / Staff Uncertain Standardized Contracts
Compensation Study City Manager / Staff Uncertain
Berm Reduction Policy Council Member Mote Uncertain
Clarify City Maintained Streets City Manager / Staff Uncertain Vacation Rental Economic Impact Study City Manager / Staff Uncertain City Employee Housing Assistance / Incentive City Manager / Staff Budget Process Discussion of Cumulative Council Member Lee Budget Process Village Deficit
Absorb Credit Card Fees City Council Budget Process
Rent vs. Purchase Snow Removal Equipment City Manager / Staff Budget Process Contract vs. Staff Snow Removal City Manager / Staff Budget Process DWP / City Equipment Sharing City Manager / Staff Budget Process Year-to-Date (YTD) Period 6 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Property Taxes $4,510,600 $2,193,582 49% ($2,317,018) 1 Sales and Use Tax 2,824,000 1,164,087 41% (1,659,913) 2 Transient Occupancy Tax 4,862,000 2,002,979 41% (2,859,021) 3 Other Taxes 1,017,400 390,457 38% (626,943) 4
Subventions 614,300 8,123 1% (606,177) 5
Building Permits and Fees 332,400 228,163 69% (104,237) 6 Licenses and Permits 1,435,100 918,024 64% (517,076) 7
Current Service Charges 879,045 438,600 50% (440,445)
Other Revenue 408,240 209,294 51% (198,946)
Interfund Transfers 1,245,290 338,976 27% (906,314) 8
Appropriations from Reserves 200,000 - 0% (200,000)
Appropriations from Fund Balance 2,720,066 - 0% (2,720,066) 9 TOTAL REVENUES $21,048,441 $7,892,285 37% ($13,156,156)

EXPENDITURES AND ENCUMBRANCES
Management Services
City Council $198,100 $84,021 42% ($114,079)
City Manager 263,350 130,731 50% (132,619)
Public Information 146,000 18,410 13% (127,590) 10
Law Enforcement 5,389,100 2,388,568 44% (3,000,532)
City Attorney 280,000 127,569 46% (152,431)
Support Services 1,389,450 854,991 62% (534,459) 11
Administrative Services 1,570,780 647,412 41% (923,368) Public Services 4,057,107 1,720,588 42% (2,336,519)
Tourism Management 1,400,900 639,575 46% (761,325)
Planning & Inspections 1,762,390 870,803 49% (891,587)
Contributions to Reserves - - 0% -
Interfund Transfers 4,591,264 666,320 15% (3,924,944) 12 TOTAL EXPENDITURES AND ENCUMBRANCES $21,048,441 $8,148,986 39% ($12,899,455) NOTES:
1 Revenue received via the property tax roll. Majority received semi-annually in December and April. 2 Timing difference. Sales Tax payments remitted to the state are distributed to local jurisdictions once processed by CDTFA. 3 Transient Occupancy Tax remittances due the month following the close of the payment period. 4 Timing of franchise fee payments. On track with revenue projection. 5 Budget includes future MWD contribution for boardwalk maintenance. 6 Seasonal building permit activity.
7 Timing of annual vacation rental permit renewals.
8 On track with revenue projection. Snow reimbursement received annually in March. 9 Fund Balance will be applied at year-end if necessary. 10 Public Information Office position filled in January 2022. 11 Annual insurance premiums payable in July.
12 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report - General Fund
December 2021
50% of Fiscal Year Complete
1 of 4
Year-to-Date (YTD) Period 6 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Licenses and Permits $13,500 $8,980 67% ($4,520) 1
Current Service Charges 5,991,000 3,524,570 59% (2,466,430) 2 Other Revenue 40,000 2,781 7% (37,219) 3
Appropriations from Reserves 496,500 - 0% (496,500)
Appropriations from Fund Balance (277,304) - 0% 277,304 4 TOTAL REVENUES $6,263,696 $3,536,331 56% ($2,727,365)

EXPENDITURES AND ENCUMBRANCES
Public Services $2,014,190 $1,132,250 56% ($881,940) 5
BBARWA Contract 2,831,000 1,457,444 51% (1,373,556)
Contributions to Reserves - - 0% -
Interfund Transfers 1,418,506 386,591 27% (1,031,916) 6 TOTAL EXPENDITURES AND ENCUMBRANCES $6,263,696 $2,976,284 48% ($3,287,412) NOTES:
1 Seasonal permit activity.
2 Revenue received via the property tax roll. Majority received semi-annually in December and April. 3 Year-to-date represents one quarter of interest earnings and lower interest rates. 4 Fund Balance will be applied at year-end if necessary. 5 Annual insurance premiums payable in July.
6 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report - Sanitation
December 2021
50% of Fiscal Year Complete
2 of 4
Year-to-Date (YTD) Period 6 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Service Charges and Other Revenue $3,637,200 $1,965,641 54% ($1,671,559) 1 Appropriations from Reserves - - 0% -
TOTAL REVENUES $3,637,200 $1,965,641 54% ($1,671,559)

EXPENDITURES AND ENCUMBRANCES
Public Services $1,128,740 $472,260 42% ($656,480)
Big Bear Disposal Contract 2,326,100 957,481 41% (1,368,619) Interfund Transfers 240,000 62,903 26% (177,097) 2
Contributions to Reserves - - 0% -
Contribution to Fund Balance (57,640) - 0% 57,640
TOTAL EXPENDITURES AND ENCUMBRANCES $3,637,200 $1,492,644 41% ($2,144,556) NOTES:
1 Revenue received via the property tax roll. Majority received semi-annually in December and April. 2 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report - Refuse
December 2021
50% of Fiscal Year Complete
3 of 4
Year-to-Date (YTD) Period 6 Current Total Percent of YTD to Notes on Budget YTD Budget Budget Deviations

REVENUES
Transient Occupancy Tax $1,620,000 $667,855 41% ($952,145) 1 Other Revenue 22,400 2,591 12% (19,809) 2
Appropriations from Fund Balance 784,574 - 0% (784,574) 3 TOTAL REVENUES $2,426,974 $670,446 28% ($1,756,528)

EXPENDITURES AND ENCUMBRANCES
Interfund Transfers $2,426,974 $53,298 2% ($2,373,676) 4 TOTAL EXPENDITURES AND ENCUMBRANCES $2,426,974 $53,298 2% ($2,373,676) NOTES:
1 Transient Occupancy Tax remittances due the month following the close of the payment period. 2 Year-to-date represents one quarter of interest earnings and lower interest rates. 3 Fund Balance will be applied at year-end if necessary. 4 Interfund transfers for Capital Projects are processed periodically throughout the project cycle.

Monthly Budget Report - Measure Y
December 2021
50% of Fiscal Year Complete
4 of 4
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com December 2021 Vacation Rental
Compliance Report Summary
December 2021 Summary Number/$ % of Total
City Initiated Concerns 37 31%
Resident Concerns 84 69%
Total Concerns 121
Noise/Party/Spa 28 23%
Parking 43 36%
Over Occupancy 8 7%
No License 0 0%
No In-person Check-in 3 2%
Other (TOT, ads *, exterior sign, zoning) 39 32%
Citations Issued 19 16%
Citation Fines & Penalties $ 24,500.00
* Staff reviewing ads for compliance at renewal. 22 violations December 2021 Disposition of Concerns
Total Vacation Rental Concerns 121
No Violation Observed by Officer 27 22%
Issued Verbal Warning 50 41%
Issued Citation 19 16%
Issued Written Warning 24 20%
Dec 2021 Supply Nights 95,462
Dec 2021 Demand Nights 53,969
Dec 2021 Occupancy Rate 57%
Occupied Nights per Complaint 446
% Occupied Nights with No Complaint 99.84%
Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com December 2021 Citation Recipients
Total Citations 19
Owner 10 53%
Guest 7 37%
Agent 2 11%
Supply Nights* December Demand Nights*
2020 2021 % Chg 2020 2021 % Chg
81,382 95,462 17.3% 50,338 53,969 7.2%
Occupancy Rate*
2020 2021 % Change
62% 57% -8.6%
Average Daily Rate* RevPAR*
2020 2021 % Chg 2020 2021 % Chg
$ 622 $ 644 3.5% $ 385 $ 364 -5.4%
*RevPAR is Revenue Per Available Rental = ADR * Occupancy Rate *Data Source: Airdna - Includes all entire place properties advertised on Airbnb and VRBO (incl. lodges). *Dotted line represents trend line.

Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com % with No Booked Nights Per
Month Concerns Nights Booked** Concern Reported Reported Concern January 255 53051 99.52% 208
February 99 48487 99.80% 490
March 136 42098 99.68% 310
April 62 29590 99.79% 477
May 95 28947 99.67% 305
June 135 33246 99.59% 246
July 229 43498 99.47% 190
August 168 35167 99.52% 209
September 86 27498 99.69% 320
October 77 29192 99.74% 379
November 94 33048 99.72% 352
December 99 53969 99.82% 545
Totals 1535 457791 99.66% 298
*May include staff-initiated concerns.
**Source: Airdna - Includes all entire place properties listed on Airbnb and VRBO (incl. lodges).

Tourism Management Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com * Staff reviewing ads for compliance at renewal. 22 violations. 22%
42%
16%
20%
Disposition of Concerns
No Violation Observed by Officer
Issued Verbal Warning
Issued Citation
Issued Written Warning
Reference Number Date Entered Status Disposition Concern Address Concern Type Concern Description Source Type Property Owner Name Summons Fine Total RAC-2021-02471 12/24/2021 Closed Issued Verbal Warning 1130 CLUB VIEW DR Vacation Rental parking too many cars Too many cars at this VHR. When they were getting cars into driveway they were impeding traffic. Phone Call PEKIN,SEAN T & TANNA C $ - RAC-2021-02404 12/11/2021 Closed Issued Verbal Warning 115 N FINCH DR Vacation Rental Noise/Party VR amplified music Inspector Walkaround $ - RAC-2021-02379 12/7/2021 Closed Issued Verbal Warning 119 STONY CREEK RD Vacation Rental Non-compliance with Zoning/Building/Fire Codes RP states the renters are taking nude photographs on the front deck and are exposing themselves in the hot tub and on the jungle gym. Phone Call DUDZIK,CHRISTOPHER M & MICHELLE L $ - RAC-2021-02363 12/4/2021 Closed Issued Written Warning 1203 PIGEON RD Vacation Rental Advertising without a License 1203 pigeon Rd advertising on Airbnb without a license GovAlert Fernando Brandao and Roberta De Carvahho/ BRANDAO & CARVALHO LIVING TRUST $ - RAC-2021-02421 12/16/2021 Closed No Violation Observed by Officer 1203 PIGEON RD Vacation Rental Advertising without a License 1203 pigeon rd GovAlert BRANDAO & CARVALHO LIVING TRUST $ - RAC-2021-02353 12/3/2021 In Progress Issued Citation 1212 CLUB VIEW DR Vacation Rental Spa after 10pm spa use. Yelling. Phone Call MAJESTIC ENT & PROPERTIES LLC $ 500 RAC-2021-02372 12/6/2021 In Progress Issued Written Warning 1223 WOLF CREEK CT Vacation Rental Advertising without a License Self cert incorrect add Inspector Walkaround April Oswald & Nick Cargill $ - RAC-2021-02502 12/28/2021 Closed Issued Verbal Warning 1269 SISKIYOU DR Vacation Rental Parking on Street or Yard Two trucks parked in street. Inspector Walkaround SKYTTE,CHRISTIAN $ - RAC-2021-02432 12/18/2021 In Progress Issued Citation 1333 LASSEN DR Vacation Rental Owner/Agent Failure to Respond Tenants cars parked in road. Inspector Walkaround WILSON,DAVID RYAN $ 500 RAC-2021-02380 12/7/2021 In Progress Issued Written Warning 143 N EAGLE DR Vacation Rental Advertising without a License VHR Inspection Incorrect Add. Inspector Walkaround STERN,STANLEY H & DEBRA J $ - RAC-2021-02360 12/4/2021 Closed Issued Verbal Warning 152 LAKE DR Vacation Rental Noise/Party RP described amplified music heard on her property. RP described truck parked on the street. Phone Call 152 LAKE DRIVE LLC $ - RAC-2021-02460 12/21/2021 Closed Issued Verbal Warning 168 TEAKWOOD DR Vacation Rental Parking on Street or Yard RP advised 4 cars at VR licensed for 2 per signage. RP states the extra 2 cars were parked street side. Phone Call URIBE TRUST $ - RAC-2021-02338 12/3/2021 Closed No Violation Observed by Officer 208 E north shore dr Vacation Rental Advertising without a License Stayed in this Airbnb and did not see any licenses posted. Also no one greeted us when we arrived, we were given a code for the lockbox. Web Form $ - RAC-2021-02359 12/4/2021 Closed No Violation Observed by Officer 217 CRATER LAKE RD Vacation Rental Non-compliance with Zoning/Building/Fire Codes RP stated VRG`s were on her property and verbally assaulted her after she spoke with the VRG`s kids about being noisy. Referred to SO due to trespassing and making threats. Phone Call ABES COOL CABIN LLC $ - RAC-2021-02362 12/4/2021 Closed Issued Verbal Warning 217 CRATER LAKE RD Vacation Rental Noise/Party RP states amplified music playing. Phone Call ABES COOL CABIN LLC $ - RAC-2021-02425 12/17/2021 Closed Issued Verbal Warning 317 WREN DR Vacation Rental Noise/Party amplified music. Phone Call GUZMAN,LUIS & VO,THAIPHONG $ - RAC-2021-02491 12/27/2021 Closed Issued Written Warning 318 DOVE CT Vacation Rental No In-person Check-in Short term rental advertising self check-in. Web Form HEATON,BRADFORD $ - RAC-2021-02401 12/11/2021 In Progress Issued Citation 339 SANTA CLARA BLVD Vacation Rental Noise/Party party, over parking and amplified music. GovAlert BLOMGREN,PETER V & WEST,MELISSA G $ 500 RAC-2021-02406 12/12/2021 Closed Issued Citation 339 SANTA CLARA BLVD Vacation Rental Noise/Party party, over parking and amplified music. GovAlert BLOMGREN,PETER V & WEST,MELISSA G $ 500 RAC-2021-02451 12/19/2021 In Progress Issued Written Warning 339 SANTA CLARA BLVD Vacation Rental Leasing without a License While Responding to a call at the residence I observed that they never completed the inspection process. Sending NOV Inspector Walkaround Peter & Melissa Blomgren $ - RAC-2021-02438 12/18/2021 Closed Issued Verbal Warning 339 SANTA CLARA BLVD Vacation Rental Noise/Party Call describing amplified music Phone Call BLOMGREN,PETER V & WEST,MELISSA G $ - RAC-2021-02481 12/27/2021 In Progress Issued Citation 340 CRYSTAL LAKE RD Vacation Rental Spa after 10pm Call for loud partying, yelling, spa use and outdoor activity disturbing the peace. Phone Call MCCARTHY,DANIEL J & SANDRA J $ 500 RAC-2021-02437 12/18/2021 Closed Issued Verbal Warning 355 CATALINA RD Vacation Rental Parking on Street or Yard Car parked on street making it hazardous for traffic Phone Call VU,SIMON H & CHRISTINE D $ - RAC-2021-02400 12/11/2021 Closed No Violation Observed by Officer 380 SANTA CLARA BLVD Vacation Rental Noise/Party Address is 339 Santa Clara Blvd noise/party, 7 cars but sign states 3 allowed, address not coming up as a licensed rental per City of BBL active rental list GovAlert WETZEL TRUST $ - RAC-2021-02444 12/18/2021 Closed Issued Verbal Warning 39076 WATERVIEW DR Vacation Rental Parking on Street or Yard Car parked in street Inspector Walkaround RODRIGUEZ,JORGE A $ - RAC-2021-02479 12/26/2021 Closed Issued Verbal Warning 39273 PEAK LN Vacation Rental Parking on Street or Yard PO STATES CAR STICKING OUT INTO ROAD AND IS A HAZARD. Phone Call STIMSON,RUSSELL $ - RAC-2021-02475 12/25/2021 Closed Issued Verbal Warning 39383 MOAB LN Vacation Rental Over Occupancy RP is property manager. Says the renters have 12 occupants and are limited to 6. Refusing to comply with order. Asked for assistance. Phone Call CANAL SIMON & YOLANDA $ - RAC-2021-02430 12/18/2021 Closed Issued Verbal Warning 39447 LAKE DR Vacation Rental Over Occupancy eviction per SO. Phone Call PARKS,ROBERT J & LORETTE $ - RAC-2021-02364 12/4/2021 Closed Issued Verbal Warning 39456 LAKE DR Vacation Rental Noise/Party Report of high volume music. Phone Call $ - RAC-2021-02332 12/1/2021 Closed Issued Written Warning 39526 LAKE DR Vacation Rental Advertising without a License Incorrect listing on Air BNB notifying prior owner to remove add. Inspector Walkaround DROUIN,DARREN & KIMBERLY $ - RAC-2021-02358 12/4/2021 In Progress Issued Written Warning 40297 LAKEVIEW DR Vacation Rental Advertising without a License Old owner still has incorrect add posted Inspector Walkaround HANAN, JOAN MARIE TRUST 4/24/15 $ - RAC-2021-02512 12/31/2021 Closed Issued Verbal Warning 406 WREN DR Vacation Rental Noise/Party RP reports large party heard from a block away.Phone Call MANSOOR,MURTAZA & TASNEEM M $ - RAC-2021-02351 12/3/2021 Closed Issued Citation 40622 SIMONDS DR Vacation Rental Party Wedding or Large Gathering Exceeding Occupancy Limit Drunk Noise Too Many People. Phone Call MAJESTIC ENT & PROPERTIES LLC $ 500 RAC-2021-02357 12/4/2021 In Progress Issued Citation 40622 SIMONDS DR Vacation Rental Party Wedding or Large Gathering Exceeding Occupancy Limit Drunk Noise Too Many People. Phone Call MAJESTIC ENT & PROPERTIES LLC $ 500 RAC-2021-02341 12/3/2021 Closed Issued Written Warning 41223 TERRAPIN RD Vacation Rental Advertising without a License Self Cert Check non compliant advertisement. Inspector Walkaround SEUSS,ADAM & APRIL $ - RAC-2021-02410 12/13/2021 Closed Issued Verbal Warning 41497 OAK ST Vacation Rental Noise/Party Alarm going off at VHR for hours. Phone Call FRAILEY,JAMES & NATALIE $ - RAC-2021-02505 12/29/2021 Closed No Violation Observed by Officer 41519 PARK AVE Vacation Rental Parking on Street or Yard Vehicle parked in unpaved surface in yard, even though there is a no parking sign Web Form BORDEN,JOHN J $ - RAC-2021-02456 12/20/2021 Closed Issued Citation 41588 MCWHINNEY LN Vacation Rental Trash Stored at Vacant Property Called was received to City hall and forwarded to Code Officer Kurt Inmon. Complainant stated that the vacation rental guests at 41588 McWhinney Ln had departed and left a large amPhone Call Big Bear Cool Cabins $ 500 RAC-2021-02431 12/18/2021 Closed Issued Verbal Warning 41714 SWITZERLAND DR Vacation Rental parking too many cars 3 cars permitted 5 cars total Phone Call HU,PEISHENG TRUST & YUN,AOYUN $ - RAC-2021-02419 12/16/2021 In Progress Issued Written Warning 41730 BROWNIE LN Vacation Rental Advertising without a License Self Cert Incorrect Add Inspector Walkaround Viktorija Kozima $ - RAC-2021-02344 12/3/2021 Closed Issued Verbal Warning 41743 TANAGER DR Vacation Rental parking too many cars Six cars with one parked on dirt. 4 max Phone Call HYNES,T & M LIVING TRUST $ - RAC-2021-02399 12/11/2021 Closed Issued Verbal Warning 41743 TANAGER DR Vacation Rental parking too many cars 5 cars parked at Vacation rental, permitted for 4. 5th car is parked half on the driveway, half in the front yard. Phone Call HYNES,T & M LIVING TRUST $ - RAC-2021-02355 12/4/2021 Closed No Violation Observed by Officer 41748 MOCKINGBIRD DR Vacation Rental Parking on Street or Yard Three cars max. Two total. One parked on dirt. Phone Call EARWOOD K & T 2004 FAMILY TRUST $ - RAC-2021-02366 12/5/2021 Closed No Violation Observed by Officer 41748 MOCKINGBIRD DR Vacation Rental Parking on Street or Yard Call concerning truck parked in natural area of yard. Phone Call EARWOOD K & T 2004 FAMILY TRUST $ - RAC-2021-02378 12/7/2021 Closed Issued Written Warning 41853 BROWNIE LN Vacation Rental Advertising without a License VHR Inspection Old Owner Still has add posted.Inspector Walkaround Josh Alexander $ - RAC-2021-02426 12/17/2021 In Progress Issued Written Warning 41935 SWITZERLAND DR Vacation Rental Advertising without a License Inspection Incorrectly Advertising Inspector Walkaround Jonathan Klein $ - RAC-2021-02428 12/17/2021 In Progress Issued Written Warning 41935 SWITZERLAND DR Vacation Rental Advertising without a License Inspection incorrect advertisement Inspector Walkaround ALAS,NEIL O D & VILLARUZ,MARIE L $ - RAC-2021-02429 12/17/2021 In Progress Issued Written Warning 41935 SWITZERLAND DR Vacation Rental Advertising without a License Inspection incorrect add. Inspector Walkaround SAHABI,KAMRAN|MORAWAJI MARYAM $ - RAC-2021-02434 12/18/2021 Closed No Violation Observed by Officer 41951 EVERGREEN DR Vacation Rental Parking on Street or Yard Call for three cars parked on the street. Phone Call GOSSELIN,DAVID E & NICOLE M $ - RAC-2021-02478 12/26/2021 Closed Issued Verbal Warning 42133 BROWNIE LN Vacation Rental Noise/Party COMPLAINT OF AMPLIFIED MUSIC. Phone Call BROWNIE LANE LODGE LLC $ - RAC-2021-02361 12/4/2021 In Progress Issued Citation 42135 EVERGREEN DR Vacation Rental Noise/Party RP States very loud party outside next door. Phone Call JAJATI,JACOBO $ 500 RAC-2021-02439 12/18/2021 Closed Issued Verbal Warning 42293 EVERGREEN DR Vacation Rental Parking on Street or Yard tenant vehicle parked on street. Inspector Walkaround MMRM INVESTMENTS LLC $ - RAC-2021-02457 12/21/2021 Closed Issued Verbal Warning 42293 EVERGREEN DR Vacation Rental Parking on Street or Yard Observed a white SUV parked street side in front a vacation rental driveway during snow conditions. Inspector Walkaround MMRM INVESTMENTS LLC $ - RAC-2021-02449 12/19/2021 Closed Issued Verbal Warning 42336 EAGLE RIDGE DR Vacation Rental Parking on Street or Yard cars parked in street. Inspector Walkaround PHUNG,FRANCES T M & JIM B N $ - RAC-2021-02513 12/31/2021 Closed Issued Verbal Warning 42356 PARAMOUNT RD Vacation Rental parking too many cars To many cars. Phone Call PETERSON,CRAIG M $ - RAC-2021-02511 12/31/2021 Closed No Violation Observed by Officer 42368 PARAMOUNT RD Vacation Rental Parking Too many vehicles Correct address is 42356 Paramount GovAlert PARSONS,RYAN $ - RAC-2021-02454 12/20/2021 In Progress Issued Written Warning 42373 EVERGREEN DR Vacation Rental Advertising without a License Inspection No good neighbor policy information.Inspector Walkaround BIG BEAR MAISON LLC $ - RAC-2021-02468 12/22/2021 Closed Issued Verbal Warning 425 TENNESSEE ST Vacation Rental Parking on Street or Yard Code call: RP reports cars parked in the road on Tennessee St and Sierra Trail. Phone Call SORRENTINO,VINCENT & YVONNE J $ - RAC-2021-02461 12/21/2021 Closed No Violation Observed by Officer 42540 PEREGRINE AVE Vacation Rental Non-compliance with Zoning/Building/Fire Codes 24hr agent requested assistance with eviction due to breach of contract (no pets allowed). Phone Call PARKER FAMILY TRUST $ - RAC-2021-02424 12/17/2021 Closed No Violation Observed by Officer 42568 WILLOW AVE Vacation Rental Noise/Party amplified music. Over ocupancy Phone Call SALTS,JERALD A 2017 TRUST $ - RAC-2021-02427 12/17/2021 Closed No Violation Observed by Officer 42568 WILLOW AVE Vacation Rental Over Occupancy Over occupancy and bonfire Phone Call SALTS,JERALD A 2017 TRUST $ - RAC-2021-02447 12/19/2021 Closed Issued Verbal Warning 426 CRYSTAL CT Vacation Rental Spa after 10pm Call for noise coming from a VHR. Phone Call STEPANIAN,ARBI $ - RAC-2021-02455 12/20/2021 Closed No Violation Observed by Officer 426 CRYSTAL CT Vacation Rental Noise/Party Noise Web Form STEPANIAN,ARBI $ - RAC-2021-02365 12/5/2021 In Progress Issued Citation 42680 WILLOW AVE Vacation Rental parking too many cars Call about cars five parked on St and potential overoccupancy. Two cars permitted 2nd Call at 8:28AM for same issue at same address. Phone Call JONES,ANMARIE $ 500 RAC-2021-02490 12/27/2021 Closed Issued Verbal Warning 42705 MOONRIDGE RD Vacation Rental Over Occupancy RP states 8 people there but sign says 4 max with 2 cars. Research in the registration packet shows the house should only have 3 people with 2 cars. Phone Call VAN,WINGERDEN FAMILY TRUST $ - RAC-2021-02510 12/30/2021 Closed Issued Verbal Warning 42707 COUGAR RD Vacation Rental Noise/Party amplified music. Yelling and screaming. Phone Call SMITH,ELI & YESENIA $ - RAC-2021-02417 12/15/2021 Closed Issued Verbal Warning 42739 HAUPSTRASSE DR Vacation Rental Parking on Street or Yard Within max vehicle limit, 1 red sedan parked street side in the cul de sac. Inspector Walkaround SARDARIANPOUR,AZIM & AZIM MARGARGITA $ - RAC-2021-02446 12/19/2021 Closed Issued Verbal Warning 42750 GOLD RUSH DR Vacation Rental Parking on Street or Yard Gray Huyundan Niro with Nevada plates parked overnight in street Web Form ARNETT FAMILY TRUST $ - RAC-2021-02487 12/27/2021 In Progress Issued Citation 42786 CONIFER DR Vacation Rental Delinquent TOT Failure to remit Q3-2021 TOT/TBID Inspector Walkaround PRIYADARSHINI SUBASINGHE,KALYANI $ 1,000 RAC-2021-02403 12/11/2021 Closed No Violation Observed by Officer 429 WREN DR Vacation Rental Noise/Party RP states very loud music Phone Call LEOASH LLC $ - RAC-2021-02369 12/5/2021 Closed Issued Written Warning 42921 MONTEREY ST Vacation Rental Advertising without a License Email Concerning Bad License Number Email DONOHUE,REBECCA D & CAMELIO,KARI W $ - RAC-2021-02452 12/19/2021 Closed Issued Verbal Warning 42934 FAIRY AVE Vacation Rental Spa after 10pm REPORT OF SPA USE AFTER 10:00 PM. PO STATES ASKED TO STOP. NO RESPONSE FROM TENANTS. Phone Call KENNY,DAVID $ - RAC-2021-02506 12/29/2021 Closed No Violation Observed by Officer 43072 GOLDMINE WOODS LN Vacation Rental Parking on Street or Yard RP states car is halfway in the driveway and halfway in the right of way and is worried that they will not be able to have trash pick up tomorrow. Phone Call AMBROSE,SCOTT $ - RAC-2021-02368 12/5/2021 Closed No Violation Observed by Officer 43088 MONTEREY ST Vacation Rental Noise/Party Loud amplified music playing outside, screaming and yelling Web Form WRIGHT,JASON A $ - RAC-2021-02377 12/7/2021 In Progress Issued Written Warning 43100 BEAR CREEK CT Vacation Rental Advertising without a License License Renewal Incorrect advertisement Inspector Walkaround REFOA JANET TRUST $ - RAC-2021-02470 12/24/2021 Closed No Violation Observed by Officer 43135 MOONRIDGE RD Vacation Rental Parking They’re trying to park 4 trucks in a 2 car driveway. Got one car in the street GovAlert BEILBY FAMILY TRUST $ - RAC-2021-02394 12/10/2021 Closed No Violation Observed by Officer 43151 SHEEPHORN RD Vacation Rental Leasing without a License Per RP the housekeeper is there preparing the house for new renters but it is not licensed with us. Phone Call LOUKA,JOSHUA E $ - RAC-2021-02472 12/24/2021 Closed Issued Verbal Warning 43166 SUNSET DR Vacation Rental Parking on Street or Yard Call concerning a VRG unpacking their luggage on the street. Phone Call SEGER,LISA L $ - RAC-2021-02493 12/27/2021 Closed No Violation Observed by Officer 43222 SUNSET DR Vacation Rental Parking on Street or Yard Jeep is parked in the street. Web Form WILLIAMS,JAMES P JR. $ - RAC-2021-02435 12/18/2021 In Progress Issued Citation 43236 BOW CANYON RD Vacation Rental Owner/Agent Failure to Respond I observed a car parked on the street at this vacation home rental. Inspector Walkaround Rimzan & Svetlana Shabdeen $ 500 RAC-2021-02348 12/3/2021 Closed Issued Verbal Warning 43411 BOW CANYON RD Vacation Rental Parking on Street or Yard cars parked on street. Inspector Walkaround BUSSE,THOMAS PATRICK $ - RAC-2021-02514 12/31/2021 Closed Issued Verbal Warning 43490 BOW CANYON RD Vacation Rental Over Occupancy RP is owner. States that tenants showed up with 6 adults and 2 children after booking for 2 adults and 2 children. She has been in contact with them and Air B&B since approx 1pm. ThPhone Call JENSEN,VIVECA K $ - RAC-2021-02469 12/23/2021 Closed Issued Verbal Warning 43532 BOW CANYON RD Vacation Rental Parking on Street or Yard RP reported seeing 5 cars at this address. 3 parked in approved parking, 2 parked street side. Sign indicated permitted maximum of 3 cars. Phone Call RAIF,ANATOLE & HOLLY C $ - RAC-2021-02501 12/28/2021 Closed No Violation Observed by Officer 43532 BOW CANYON RD Vacation Rental Parking on Street or Yard RP states car parked in street blocking traffic. Phone Call RAIF,ANATOLE & HOLLY C $ - RAC-2021-02477 12/26/2021 Closed Issued Verbal Warning 43545 SAN PASQUAL DR Vacation Rental Parking on Street or Yard rp states vr car parked in his driveway at 43540. States car belongs to abb across street. Phone Call MIKKO,OLLILA $ - RAC-2021-02443 12/18/2021 In Progress Issued Citation 43555 WOLF RD Vacation Rental Owner/Agent Failure to Respond RP stated was unsure where music was coming from upon arrival it was discovered that it was this home. Phone Call BARRAGAN,PHILIP & CHRISTINE $ 500 RAC-2021-02450 12/19/2021 Closed Issued Verbal Warning 43557 SHASTA RD Vacation Rental Parking on Street or Yard 1 White Mercedes parked streetside in cul de sac in front of 43535 Shasta. Big Bear Vacations parking pass on dashboard. Inspector Walkaround LARSON,CHRISTINE D $ - RAC-2021-02441 12/18/2021 In Progress Issued Citation 43565 WOLF RD Vacation Rental Parking on Street or Yard RP states car parked in front of her house from the VR. Phone Call GRAY WOLF LODGE LLC $ 500 RAC-2021-02420 12/16/2021 Closed Issued Written Warning 43664 SAND CANYON RD Vacation Rental Advertising without a License New owner old add still active. Inspector Walkaround Julie Johnson & Douglas Schlutter/ SCHLUTTER FAMILY TRUST $ - RAC-2021-02414 12/15/2021 In Progress Issued Citation 43690 COLUSA DR Vacation Rental In-Person Registration (signed GNP) Required Driving by this residence I observed a vehicle parked on the street in front of a vacation home rental. Upon exiting I observed loud amplified music. Inspector Walkaround QUINTILONE,RICHARD E $ 500 RAC-2021-02370 12/5/2021 In Progress Issued Written Warning 43767 CANYON CREST DR Vacation Rental Advertising without a License Email concerning advertising self check in Email Stephanie Whonsetler $ - RAC-2021-02509 12/30/2021 Closed Issued Verbal Warning 43809 WOLF RD Vacation Rental Noise/Party RP states loud music being played on the balcony. Phone Call QUALIFIED,K D S B B L PERSO TRUST $ - RAC-2021-02507 12/30/2021 Closed Issued Verbal Warning 43827 YOSEMITE DR Vacation Rental Spa after 10pm Call for spa use after 10PM Phone Call REYNOLDS,JOSH H $ - RAC-2021-02508 12/30/2021 Closed Issued Verbal Warning 43876 YOSEMITE DR Vacation Rental Spa after 10pm Call for spa use after 10PM Phone Call JEBB,ANDREW & SETZER,BRIAN $ - RAC-2021-02350 12/3/2021 In Progress Issued Written Warning 440 WINDSONG PL Vacation Rental Advertising without a License Self cert Incorrect advertisement Inspector Walkaround BENDER,CHRISTINA M $ - RAC-2021-02486 12/27/2021 Closed Issued Citation 443 ARROYO DR Vacation Rental Delinquent TOT Failure to remit Q3-2021 TOT/TBID Inspector Walkaround AVILA,LUIS F & MIGUEL NUNEZ $ 1,000 RAC-2021-02496 12/28/2021 Closed Issued Verbal Warning 447 CATALINA RD Vacation Rental Over Occupancy RP states the property is over occupied and the guests are snow playing up the street on private properties. Phone Call WILSON,JEFFREY B & CHERIE S $ - RAC-2021-02349 12/3/2021 Closed Issued Verbal Warning 462 FALLEN LEAF RD Vacation Rental Parking on Street or Yard cars parked on street. Inspector Walkaround 4000 MERIDIAN BLVD 240 LLC $ - RAC-2021-02396 12/10/2021 In Progress Issued Verbal Warning 462 FALLEN LEAF RD Vacation Rental Noise/Party amplified music and cars parked in street. Inspector Walkaround 4000 MERIDIAN BLVD 240 LLC $ - RAC-2021-02453 12/20/2021 Closed No Violation Observed by Officer 462 FALLEN LEAF RD Vacation Rental Parking on Street or Yard Pickup truck been parked in front of this residence for over an hour. RP states that her vehicle was ticketed for street side and that Code should ticket this vehicle as well. Phone Call 4000 MERIDIAN BLVD 240 LLC $ - RAC-2021-02482 12/27/2021 Closed No Violation Observed by Officer 462 FALLEN LEAF RD Vacation Rental Parking on Street or Yard RP states car was parked on the street yesterday and is back again today. Phone Call 4000 MERIDIAN BLVD 240 LLC $ - RAC-2021-02462 12/21/2021 Closed Issued Verbal Warning 494 FALLEN LEAF RD Vacation Rental Parking on Street or Yard One van parked in front of VHR. Phone Call MCIVER ROBERT & CHRISTINE LIVING TRUST 7 $ - RAC-2021-02411 12/15/2021 Closed No Violation Observed by Officer 518 VISTA LN Vacation Rental Parking on Street or Yard Parked in street so the snow plow couldn’t do our street. Neighbors that live here are trying to help each other get out. Web Form CALLEY,SETH & MOLLY $ - RAC-2021-02412 12/15/2021 Closed No Violation Observed by Officer 535 VISTA LN Vacation Rental Parking on Street or Yard Parked in street so the snow plow couldn’t do our street. Neighbors that live here are trying to help each other get out. Web Form STANCIL,PHILIP J II & BRATSCHIS,GREER K $ - RAC-2021-02395 12/10/2021 In Progress Issued Citation 576 VISTA LN Vacation Rental Over Occupancy OVER OCCUPANCY Phone Call GONZELL,BURTON JAMES $ 500 RAC-2021-02375 12/6/2021 Closed Issued Verbal Warning 604 CIENEGA RD Vacation Rental Noise/Party Loud Music and Shouting. Phone Call MCGEE FAMILY TRUST $ - RAC-2021-02433 12/18/2021 Closed No Violation Observed by Officer 617 TIMBER LN Vacation Rental Parking on Street or Yard RP states 3rd vehicle parked on street. Phone Call CARREON,PEDRO V & GLORIA $ - RAC-2021-02367 12/5/2021 Closed Issued Written Warning 619 SUMMIT BLVD Vacation Rental Advertising without a License Email concerning `619 Summit Blvd #D Using License Number for Another Address (625 Summit Blvd)` Email BREECH,LAURA $ - RAC-2021-02440 12/18/2021 Closed No Violation Observed by Officer 630 SUMMIT BLVD Vacation Rental Parking on Street or Yard RP Reports several cars parked on the street. Phone Call BIG BEAR PROPERTY LLC $ - RAC-2021-02352 12/3/2021 Closed Issued Verbal Warning 671 COVE DR Vacation Rental Over Occupancy REPORT OF CARS PARKED IN STREET AND OVER OCUPANCY. POSSIBLY OVER 10 cars. Phone Call ERV HOMES LLC $ - RAC-2021-02480 12/26/2021 Closed No Violation Observed by Officer 700 WREN DR Vacation Rental Parking on Street or Yard RP STATES LARGE TOUR BUSES BLOCKING RESIDENTIAL HOME ACCESS. DROPPING OFF CHILDREN. Phone Call SALVATION ARMY $ - RAC-2021-02473 12/24/2021 Closed Issued Written Warning 758 ELM ST Vacation Rental Leasing without a License Car parked street side upon inspection observed multiple deficiencies. Inspector Walkaround George and Jan $ - RAC-2021-02474 12/24/2021 Closed Issued Citation 764 MENLO DR Vacation Rental No In-person Check-in RP states extremely loud music. PO did not provide GNP or call back after request. Phone Call David Shor $ 500 RAC-2021-02382 12/7/2021 In Progress Issued Written Warning 782 GOLDEN WEST DR Vacation Rental Advertising without a License Registration Incorrect advertisements Inspector Walkaround BRENON,BRUCE $ - RAC-2021-02484 12/27/2021 In Progress Issued Citation 791 COVE DR Vacation Rental Delinquent TOT Failure to remit Q3-2021 TOT/TBID Inspector Walkaround STINSON,KASEY LEE & VIKTORIYA $ 14,500 RAC-2021-02422 12/16/2021 Closed No Violation Observed by Officer 796 CONKLIN RD Vacation Rental Noise/Party REPORT OF YELLING AND SCREAMING AND SNOW TUBBING INTO NEIGHBORS FENCE. Phone Call MIKHAIL,JOSEPH & GINETTE $ - RAC-2021-02492 12/27/2021 Closed Issued Written Warning 797 SNAKE DANCE PL Vacation Rental No In-person Check-in Advertising self check-in. Web Form MORAD,ILAN $ - RAC-2021-02448 12/19/2021 Closed Issued Verbal Warning 825 SILVER TIP DR Vacation Rental Parking on Street or Yard Multiple cars parked streetside. Possible over occupancy. Inspector Walkaround NAME UNAVAILABLE,OWNER $ - RAC-2021-02347 12/3/2021 In Progress Issued Written Warning 857 JAYBIRD LN Vacation Rental Advertising without a License Self cert Incorrect advertisement Inspector Walkaround NORLAND,SCOTT W $ - RAC-2021-02402 12/11/2021 Closed Issued Verbal Warning 892 JEFFRIES RD Vacation Rental Noise/Party RP states loud music/jacuzzi use Phone Call DUGAN,GREG J & DEBORAH P $ - RAC-2021-02416 12/15/2021 Closed Issued Verbal Warning 92315 ROCKSPRAY CT (1446 Rockspray Ct) Vacation Rental Parking on Street or Yard Cars within max limit, but extending into the middle of the cul de sac. Inspector Walkaround STARLITE MGMT IX LP $ - Date Rec'd Details of Request Requesting Party Response Date Outcome of Request Total Logged Staff Time (estimated) 17-Sep-21
various items, including:
correspondence between
Councilmember Lee and other
Councilmembers/staff/DWP Board
Members; Councilmember Lee
FPPC Forms; all public record
requests received and materials
produced; all PRA requests
submitted by Councilmember Lee;
expense report information re:

Councilmember Lee
Tara Paul - Allen
Matkins Leck Gamble
Mallory & Natsis LLP
Rolling
Production
PENDING Rolling
Production/ Letter
requesting extension for
determination letter sent
via email on 9/27/2021 -
FPPC forms sent on 9/27 ;
Determination letter sent
on 10/11/2021 &
subsequent letter with
additional documents
sent on 10/12/2021;
sent on 11/12/2021;
production sent on
12/9/2021
BBK is assisting with
this request - total
spent (thus far):
$2,905.7
17-Dec-21
retail strategies agreement and
invoices paid Alan Lee
agreement sent; invoices
still pending
17-Dec-21
a breakdown of staff salary and
benefit information Alan Lee PENDING 31.5 hours (thus far) 21-Dec-21
Copies of the agreement &
purchase order for the Stanfield
Cutoff area restroom Patricia Rascon 3-Jan-22
responsive docs sent via
email 30 mins
28-Dec-21 permits; 867 Jaybird Lane Rachel Kielborn 6-Jan-22 responsive documents
sent via email 1 hour
30-Dec-21 plans; 1306 Balsam Brad Smith 13-Jan-22
topographic site plan and
located - sent via email 30 mins
Janaury 3,
2022 267 Catalina Road Natalie Boyle 13-Jan-22
no responsive records
(vacant lot); provided
general information -
zoning, tract, lot, etc. 45 mins
6-Jan-22 List of active business licenses Verisk - Karla Torres 11-Jan-22 list of business licenses
sent via email 20 mins
6-Jan-22
building records; 41671 Brownie
Lane Lanz Correia
Janaury 14,
2022
one permit located; sent
via email 35 mins
7-Jan-22
Center for contract compliance -
certified payroll records - rathbun
creek extension project
center for contract
compliance 14-Jan-22 records sent via email 1 hour
7-Jan-22
Environmental survey report of
documents that show historic land
use; 586 Bonanza Trail Andrew Nalekie 14-Jan-22
responsive documents
sent via email 1.5 hours
10-Jan-22 plans; 41738 Comstock Lane Janie Tsao
January 18 &
19, 2022
building permits sent
only - architect denied
request to submit plans 1.5 hours
January 2022 Records Records Log
Below is a list of records requests that have either been received during the month of January, completed during the month of January, or are considered as "rolling productions" in which responsive documents have been sent/will be sent during the month of January.
10-Jan-22 Purchase Order Information SmartProcure 19-Jan-22 responsive records sent
via email 20 mins
10-Jan-22
information related to City
expenditures for Attorney Fees
(Gorocery Outlet Project) Pat Prodrouzek 19-Jan-22
information sent via
email 1 hour
10-Jan-22
same information Councilmember
Lee requested in regards to Cityissued email addresses Pat Prodrouzek 11-Jan-22 sent excel spreadsheet
with city employee
names and email
addresses via email 15 mins
10-Jan-22 blue prints; 288 Catalina Jeffrey Schwan 18-Jan-22 responsive records sent
via email 1.5 hrs
11-Jan-22
blue prints and permits; 41737
Mockingbird Lane Mark Cohen 24-Jan-22 PENDING 2 hours
11-Jan-22 "red tag" list of properties Jade Davis PENDING 11-Jan-22
plans/permits (garage build) : 850
Conklin Scott Kaiser 20-Jan-22 records sent via email 45 mins 11-Jan-22 plans/permits: 42525 Pegasus Way Ken Simonds 24-Jan-22 PENDING - seeking
permission from Tom
Owens Designs to release
plans (1.18.2022) 2 hours
14-Jan-22
business license information -
1290 Skyview Court Tim Varela 18-Jan-22
property outside of City
limits - response email
indicating on responsive
records sent via email 5 mins
18-Jan-22 39994 Forest Road Scott Bradford PENDING 3 hours (so far) 19-Jan-22
all records on file; 41072 Big Bear
Boulevard Michael Sterling Eaton PENDING 2 hours (so far) 19-Jan-22
ANY communication (including
personal email accounts and text
messages) between Councilman
Alan Lee and the following people:

Tal Finney, Shaune Arnold,
Amanda Donnelly, Armen
Hovanessian, Sergio Valdez, David
Simmering, Chuck Robillard, Dan
Dover, Steven M Shriver, R. Bruce
Tepper” Pat Prodrouzek
PENDING - First response
letter sent via email on
Jan. 25 - determination
letter due on Feb. 8
Staff (so far) - 30
mins; Intelesys (IT
Support) = $285.44
20-Jan-22
All communications from Alan Lee
that he has sent via Facebook
messenger that are related to City
business or include the following
people: Marta Grunsky, Paul
Sokoloff, Colin Sarjeant, Shelly
Black, Jim Hart, Sue Hart, Kimberly
Kidd, Rick Herrick, Bynette Mote,
Randy Putz, Perri Melnick; Any and
all posts Alan has made regarding
City business in private groups
including but not limited to: BBL
United to Limit Short Term Rentals;
a list of all private FB groups he is
apart of; all public records requests
made by Alan; all public requests
regarding or related to Alan Lee Pat Prodrouzek
PENDING - First response
letter sent via email on
Jan, 25 - determination
letter due on Feb. 10
Staff (so far) - 30
mins
19-Jan-22
sewer pipeline information and
responsibility of maintenance and
cost; 41383 Big Bear Boulevard Dilip N Bhavnani 28-Jan-22 information (municipal
code info) was sent via
email 2 hours
21-Jan-22 873 Edgemoor - copy of plans Cristal Pallares PENDING 24-Jan-22
and all City documents to / from or
about any person using the name
"Pat Prodrouzek" including but not
limited to any response to their
request. Colin Sarjeant
PENDING - initial
response letter sent on

2.1.2022 - rolling
production and next
production to be sent on
or before 2.11.2202 1 hour (so far)
25-Jan-22

ALL WRITTEN CORRESPONDENCE
from personal & public email
accounts addressed and sent from
Councilmen Alan Lee for the period
of 12/1/20-1/27/22 & A detailed
accounting of how many public
records requests have been filed
by Alan Lee for the period of
12/1/2020-1/27/22 and the
expense incurred by the City of Big
Bear Lake for time, labor and
materials of city staff for
processing these requests
Patrice Duncan
PENDING - initial
response letter sent on

2.2.2022 - rolling
production and next
production to be sent on
or before 2.25.2022 1.5 hour (so far)
25-Jan-22
any and all permits; 531 Cienega
Road Lianne Sesa PENDING
26-Jan-22
copies of all press releases issued
by the City of Big Bear Lake from
January 1, 2020 - December 31
2021. Alan Lee 26-Jan-22
no "press releases" were
issued during the
timeframe noted 15 mins
26-Jan-22
Business Licenses - Village Property
Management Lillian Kathy Armsby 1-Feb-22
Business licenses were
redacted and sent via
email 25 mins
28-Jan-22
building information - 39545
Forest Road/222 Scandia Road Daniel Park PENDING Janice - 30 mins 28-Jan-22 permits; 39975 Ohio Lane Lisa McGurrell PENDING 31-Jan-22 permits; 837 Boulder Road Cindy Pearson PENDING 31-Jan-22
all records related to building;
42518 Gold Rush Mike Loyo PENDING
31-Jan-22
All of the Constant Contact COVID19 updates/media releases and the list of media outlets they were
released to Alan Lee
PENDING - staff sent a
link to all 136 updates;
list of media outlet email
addresses still pending
1 hour 15 mins (thus
far)

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CITY COUNCIL RULES OF ORDER

1. COUNCIL MEETINGS
All meetings of the Council shall be open to the public, except as provided by law. (a). Regular Meetings
Regular meetings of the Council shall be held in accordance with the schedule outlined in the Municipal Code and the adopted regular meeting calendar. All Regular Meetings shall adjourn by 10:00 pm unless a majority of the City Council votes to continue the meeting past the fixed time of adjournment. Any motion to extend the meeting beyond 10:00 pm shall include a list of specific Agenda items to be considered and shall specify in which order these items shall be handled. Any Agenda items not considered prior to 10:00 pm and not included in a motion to extend the meeting shall automatically be continued for consideration at the next regularly scheduled City Council meeting.

The annually approved meeting schedule will include regular City Council meetings held on the first and third Monday of each month except when there are City observed holiday conflicts or other holiday related scheduling considerations. When the Meeting Calendar allows for Council to hold a second regular monthly meeting, that Agenda will be tailored specifically for Council to participate in focused discussions related to significant City issues, initiatives, and other important time-sensitive topics, in more of a workshop format.

All Regular Meetings of the City Council will be broadcast live on a local cable channel and on the City’s website, except in rare instances when unforeseen scheduling or technical issues may arise. (b). Special Meetings/Workshops
Special meetings and workshops are meetings of the Council held on special or irregular dates and may be called by three or more members of the Council or by the Mayor. The City Clerk shall prepare and mail, personally deliver, or deliver by any other means that ensures receipt, to each member of the City Council, and to each local newspaper and radio that has requested notice in writing at least 24 hours before the time of the meeting, a notice of special meeting stating time, place, and business to be transacted. Only matters set forth in the notice of the meeting shall be discussed at such meeting and no ordinance (other than urgency ordinances) may be adopted. In the event of conflict between this paragraph and the provisions of Section 54956 of the Government Code governing special meetings, the latter section shall prevail.

All Special Meetings of the City Council will be broadcast live on a local cable channel and on the City’s website, except in rare instances when unforeseen scheduling or technical issues may arise. (c). Closed Sessions
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The Council may, from time to time, meet in closed session, not open to the public nor news media, in accordance with the Ralph M. Brown Act.

2. CONDUCT OF BUSINESS
At an hour set by ordinance on the day of each regular meeting, each member of the Council, the City Manager, the City Clerk, the City Attorney, and such Department Heads or others as have been requested to be present shall take their regular stations in the Council Chambers. However, members of the Council may participate in Council meetings by teleconferencing, in accordance with Section 54993 of the Government Code. The business of the Council shall be conducted in substantially the order and in the manner as herein provided and, so far as practicable, in accordance with parliamentary rules as laid down in Robert’s Rules of Order (as most recently revised and unless otherwise addressed in this Policy). (a). Quorum
Three members of the Council shall constitute a quorum for the transaction of business. When there is no quorum, the Mayor, Mayor Pro Tem, or any member of the Council shall adjourn such meeting, or if no member of the Council is present, the City Clerk shall adjourn the meeting. For the purpose of considering any item subject to vote of the Council, when a member of the Council disqualifies him/herself due to a conflict of interest, his/her presence shall not be counted toward a quorum and that person shall not be permitted to vote unless required pursuant to the rule of necessity. The rule of necessity shall not be applied where any member of the Council is absent.

If the Council loses a quorum due to a disqualification and the rule of necessity does not apply, the remaining Council members may continue to discuss the item as a committee of the whole, but they shall not take action on the item.

Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2 to 1, if only 3 members of the Council attend. The following matters, however, require three affirmative votes: adoption of ordinances, resolutions granting franchises, orders for payment of money, and selection of presiding officers. (1). Legally Required Participation
If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection that number of its disqualified members which, when added to the members eligible to vote shall constitute a quorum.
(2). Absences
Any member of the Council not in attendance at a Council meeting shall be noted as “absent.” Such absences shall be considered unexcused, unless the City Council formally excuses an absence by a majority vote, in which case the absent member of the Council shall be noted as “excused.”
(b). Rules of Debate
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(1). Recognition
Every member of the City Council desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine him/herself to the question under debate.
(2). Rights of Presiding Officer
The Presiding Officer may move, second, and debate from the chair; subject only to such limitations of debate as are by these rules imposed on all members of the City Council and shall not be deprived of any of the rights or privileges of a member of the Council due to his/her acting as the Presiding Officer.
(3). Interruptions
No member of the Council, once recognized, shall be interrupted when speaking unless it is to call him/her to order or as otherwise provided herein. If a member of the City Council is called to order while speaking, he/she shall cease speaking until the question of order is determined and, if in order, shall be permitted to proceed. (4). Motion to Reconsider
A motion to reconsider any action taken by the Council may be made only on the day the action was taken or at the next succeeding recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member of the City Council, and may be made any time with precedence over all other motions or while a member of the City Council has the floor. It shall be debatable and requires only majority vote. Action that cannot be reversed cannot be reconsidered. Nothing herein shall be construed to prevent any member of the Council from making or remaking the same or other motion at a subsequent meeting of the City Council. (c). Resolutions/Ordinances
(1). Resolutions
As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more transitory in nature or a singular act like approving a budget amendment) are accomplished by resolutions. The adoption of a resolution will be referenced in the meeting minutes and will be recorded in a separate document, numbered in sequence and preserved in a separate set of books. Such resolutions are used in this City for various reasons, such as when specifically required by law, when needed as a separate evidentiary documents to be transmitted to another governmental agency, or where the frequency of future reference back to its contents warrants a separate document with the additional “whereas” explanatory material it often 4 OF 12
recites to facilitate such future reference and research. (2). Ordinances
An ordinance shall not be passed within five days of its introduction, nor at other than a regular meeting or at an adjourned regular meeting. However, an urgency ordinance may be passed immediately upon introduction at either a regular or special meeting. Except when, after reading the title, further reading is waived by regular motion adopted by unanimous vote of the Council members present, all ordinances shall be read in full either at the time of introduction or passage. When ordinances, other than urgency ordinances, are altered after introduction, they shall be passed only at a regular or at an adjourned regular meeting held at least five days after introduction of the altered ordinance.

Corrections of typographical or clerical errors are not alterations within the meaning of this section.

Effective Date: All ordinances, except as provided in Section 36937 of the Government Code, shall take effect 30 days after adoption, but may be made operative at such later date as may be designated in the ordinance.

Publishing: It shall be the duty of the City Clerk to post or publish all ordinances in accordance with Section 36933 of the Government Code.

Urgency Ordinance: All urgency ordinances must receive four (4) affirmative votes to be adopted and to become effective immediately. If such an ordinance fails to receive a 4/5 majority, it may thereafter be considered and passed in the same manner as regular ordinances.
(d). Addressing the City Council
Each person, after having received permission from the Presiding Officer to address the City Council, shall step to the microphone and give his/her name and city of residence for the record before proceeding. All remarks shall be addressed to the City Council as a body only. No person other than a member of the Council and the person having the floor shall enter into any discussion without permission of the Presiding Officer. Public comment is permitted on items not on the agenda that are within the subject matter jurisdiction of the City, and on agenda items. Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three minute maximum time limit when addressing a respective board (City Council, Fire Protection District or Successor Agency). Any qualified and interested person following this procedure shall have the right to be heard on the following items of business:
(1). Staff Reports/Discussion Items
Interested persons or their representatives may address the Council with regard to written communications referred to in the report of the City Manager or any Department Head. 5 OF 12
Those who desire to address the Council must complete and submit a speaker’s card before the item is brought to the floor for discussion. The Presiding Officer will call for speakers when the item is discussed. Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three minute maximum time limit when addressing a respective board. Any speaker card submitted after the Council begins to discuss the item is subject to the following procedure: first, the Presiding Officer will seek consensus from the Council to consider hearing from the speaker and if permitted the speaker will then have one minute to provide his/her comment(s). (2). Public Hearings
Interested persons or their authorized representatives may address the Council in regard to matters then under consideration. Those who desire to address the Council must complete a speaker’s card. The Presiding Officer will call for speakers when the item is discussed.

Subject to reduction in the maximum time limit in the discretion of the Presiding Officer, there is a three minute maximum time limit when addressing a respective board. If the item involves an applicant (i.e. development project, etc.), the applicant shall have ten minutes to present their item to the Council and/or address questions brought before the Council from members of the public. The Presiding Officer may entertain a motion to extend the applicant’s time if needed. Any speaker card submitted after the public hearing has been closed is subject to the following procedure: first, the Presiding Officer will seekconsensus from the Council to consider re-opening the public hearing. If the hearing is re- opened and the speaker permitted, he/she will then have one minute to provide his/her comment(s).

Any Council member shall disclose during the hearing and prior to voting, for the record, when applicable, that he/she communicated independently with any project applicant, or with any proponent or opponent, or with their representatives, concerning the project or proposal under consideration, and shall disclose the substance of the communication. (3). Spokesman for a Group of Persons
Whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman be chosen by the group to address the Council.
(4.) Written Public Communications
Members of the public may submit written or email communications to the City Council at any time prior to or during the City Council meeting, and all Council members will make every effort to read and consider such communications prior to consideration of the specific agenda item. However, in order to ensure receipt by Council members and allow for thoughtful consideration of the comments, members of the public are encouraged to submit written or email communications no later than 10 hours prior to the start of the meeting.
(e). Code of Conduct
(1). Council
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Council members value and recognize the importance of the trust vested in them by the public to accomplish the business of the City. All Council members shall accord the utmost courtesy and professionalism toward each other, the City employees, and to the public appearing before Council. Members of the City Council must preserve order and decorum during the conduct of official City business. At all times, Council members in the minority on an issue shall respect the decision and authority of the majority. No Council member shall intentionally delay Council proceedings by lengthy conversation or otherwise, interrupt the peaceful and efficient conduct on the meeting in anyway, nor disturb any other member while speaking, nor refuse to obey the orders of the Presiding Officer, except as otherwise herein provided.
(2). Other Persons
The Presiding Officer shall admonish any speaker from the public who shall make any personal, impertinent, or slanderous remarks or become boisterous while addressing the City Council.
(3). Enforcement
The chief law enforcement officer, or his/her authorized representative, shall be ex-officio Sergeant-at-Arms of the City Council. He/she shall carry out all orders and instructions of the Presiding Officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions of the Presiding Officer, it shall be the duty of any law enforcement officer present to eject from the Council Chamber any person in the audience who uses loud, boisterous, or profane language at a Council meeting that disrupts the orderly conduct of the meeting, or any person who persistently interrupts the proceedings of the Council or refuses to keep quiet or take a seat when ordered to do so by the Presiding Officer, and to place under arrest any person who is violating the law. (f). Call to Order
At the hour appointed for the meeting, the Presiding Officer shall take the chair and call the Council to order. The Mayor, or in his/her absence the Mayor Pro Tem, shall be the Presiding Officer. In the absence of the Mayor and the Mayor Pro Tem, the City Clerk shall call for a motion to select a Council member to serve as Mayor Pro Tempore and call the meeting to order, whereupon the Mayor Pro Tempore shall relinquish the chair at the conclusion of the business then before the City Council. Upon the arrival of the Mayor or the Mayor Pro Tem during the course of a meeting, the Mayor Pro Tempore shall relinquish the chair at the conclusion of the business then before the City Council.
(1).Duties of Presiding Officer
The Presiding Officer shall assume his/her place and duties immediately following his/her election. He/she shall preserve strict order and decorum at all meetings, have the power to limit the time of any citizen speaking from the floor, state questions coming before the City Council, and announce the Council’s decision on all subjects. He/she shall vote on all motions. The Mayor shall sign all ordinances and other documents adopted and approved 7 OF 12
by the Council.
(2).Changes to the Order of Business
The Mayor can seek consensus from the City Council to change the order of business at any time during the meeting; however, business will usually be considered in the order shown on the agenda.
(g). Invocation
All Regular City Council Meetings will include an invocation after the open session meeting is officially called to order and the Pledge of Allegiance is recited. The brief invocation is intended to reflect upon the community’s shared ideals and common ends before the City Council embarks on the business of governing. To ensure objectivity in the selection of the speaker of the invocation, on an annual basis the City will compile a list of all known local individuals who are willing to volunteer to provide an invocation. The invocation speakers will be selected without preference to any specific religion, belief, faith, or ideology. No guidelines or limitations shall be issued by the City regarding invocation content, except that the invocation may not proselytize or advance any faith, or disparage the religious faith or non-religious views of others.

Staff will make every effort to schedule a local religious or other leader to give the invocation, but in the event a religious or other leader cannot be scheduled, there is a last minute cancellation or the scheduled speaker fails to appear, a moment of silence will be observed in lieu of the invocation.
(h). Parliamentarian
The City Attorney shall act as the Parliamentarian and shall decide all questions of order. In the absence of the City Attorney, the City Manager shall act as the Parliamentarian. (i). Roll Call
Before proceeding with the business of the Council, the City Clerk shall call the roll of the member of the Council and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last.
(j). Adoption of Consent Calendar
Adoption of the Consent Calendar may be made by one motion by the Council, providing the audience has been so advised and unless any Council member, individual, or organization has any questions or wishes to make a statement on any particular item on the Consent Calendar. In that event, the Presiding Officer may defer action on the particular matter or matters and place same on the regular agenda for consideration in any order he/she deems appropriate.

Items of routine or procedural nature shall be placed on the Consent Calendar portion of the Agenda. All items may be approved by one blanket motion. Prior to, or following review of, the Consent Calendar, any Council member may request that any item be withdrawn from the Consent Calendar for separate consideration. However, any Council member may abstain from voting on any consent item without requesting its removal from the Consent Calendar, and the City Clerk 8 OF 12
shall be instructed to record such abstentions in the minutes. (k). Voting
(1). Roll Call Vote
All votes of the City Council shall be by roll call. The City Clerk shall call the names of each member of the Council, except that the name of the Presiding Officer shall be called last.
(2). Silence Constitutes Affirmative Vote
In all voting, unless a member of the Council states he/she is not voting due to a conflict of interest, his/her silence shall be recorded as an affirmative vote. (l). Council Business
(1). Committee/Board Reports
Each Council member shall give a brief report on respective committee, Agency and/or Board meetings attended since the last City Council meeting (e.g., MARTA, BBARWA, etc.)
(2). Council Member Board / Committee Reports & Comments Any Council member may make a general announcement under this item (i.e. community event, anniversary celebration, etc. Comments shall pertain to items not on the posted agenda.
(3). Council Agenda Item Requests
Any City Council member, with the concurrence of one additional Council member, may request to place an item on an upcoming City Council meeting agenda, providing the City Manager with at least 30 days’ notice in order to provide ample time for staff preparation.

Such requests may be made during “Council Member Board / Committee Reports & Comments” in a City Council meeting, or may be made directly to the City Manager at any other time. The City Manager may also place items on the City Council meeting agenda as necessary in his / her judgement to further ongoing City initiatives, meet Federal / State / other requirements, address perceived community needs and to take advantage of beneficial opportunities.

3. MINUTES
(a). As an Official Record
The official action minutes of the City Council will be kept by the City Clerk in a minute book with a record of each particular type of business transacted set off in paragraphs with proper sub- 9 OF 12
heads. The City Clerk shall be required to make a record only of such business as was actually passed upon by a vote of City Council and shall not be required to record any remarks of any member of the City Council or of any other person. Names or persons addressing the City Council, the title of the subject matter to which their remarks related, and whether they spoke in support of or in opposition to such matter shall be entered in the minutes. (b). Recordings
The City Clerk will electronically record all regular City Council meetings, with the exception of closed sessions, and will retain the video recordings per the City’s Records Retention Schedule.

At his/her discretion, the City Clerk may retain video recordings for a longer period. (c). Distribution of Minutes
As soon as possible after each meeting, the City Clerk shall furnish a copy of the minutes to each Council member, the City Manager, each Department Head, and any other individuals designated by the City Clerk or City Manager.
(d). Reading of Minutes
Unless the reading of the minutes of a Council meeting is requested by a member of the Council, the minutes may be approved without reading if the City Clerk has previously furnished each member of the Council with a copy thereof.
(e). Approval of Minutes
Minutes may be approved by placement on the Consent Calendar. All Council members may vote on such approval, even if they were absent from the applicable meeting.

4. GENERAL CITY COUNCIL RELATED MATTERS
(a). Proclamation and Resolutions of Support Protocol
The City Council has a practice of recognizing people, organizations, events and dignitaries that are related to our local community. The City Council will issue proclamations and other recognition items to honor an individual, an organization, recognize a special event or a special day, month or year. City Council members, citizens, or bonafide organizations may request a proclamation and other recognition items. All recognition requests relevant to the City of Big Bear Lake will be considered except those related to political, religious, or lifestyle ideology. The City Manager shall determine if the recognition item will be issued by presentation during a City Council meeting, at an event, or mailed to the requester.

Occasionally, the City Council and/or City staff will receive requests to adopt supporting resolutions and/or to provide letters of support relating to issues that have a potential to impact our community. Many of these requests are of an urgent nature and require a prompt response. When a request isn’t time sensitive, the City Manager will include these items on the next City Council meeting agenda to seek approval from the entire City Council. When time is of the essence, the City Council provides authority to the Mayor and/or City Manager to use their judgement to 10 OF 12
determine if the City should offer their formal support to the requester.

5. COUNCIL-MANAGER RELATIONS
Individual Council members shall not direct staff to initiate any action or prepare any report that is significant in nature or initiate any project or study. All such direction shall be provided by the City Manager or by action of a majority of the City Council at a City Council meeting. Council members may ask for limited resources and information for items that are on an agenda as long as any information is distributed to all City Council members.

Any concerns by a member of Council over the behavior or work of a City employee should be directed to the City Manager privately to ensure that the concern is resolved.

6. MAYOR/MAYOR PRO TEM APPOINTMENT PROCESS AND COMMITTEE/AGENCY ASSIGNMENTS The appointments of the Mayor and Mayor Pro Tem shall be made on an annual basis at the first regular City Council meeting in December. Prior to this meeting, the Council and Council-elect (in even numbered years) will be invited to participate in a regularly scheduled or special meeting in November to provide each Council member and/or Council member-elect the opportunity to express their interests in becoming the Mayor or Mayor Pro Tem and/or in participating in various committees and agencies.

In order for a Council member to qualify to become the Mayor they would need to have served for at least one year as a Council member and one year as the Mayor Pro Tem, except in such instances in which no Council member meets the foregoing requirements. In order for a Council member to qualify to become the Mayor Pro Tem they would need to have served for at least one year as a Council member, except in such instances in which no Council member meets the foregoing requirement.

At the regular City Council meeting in December, or as soon thereafter as possible, the City Council will formally determine and vote on the Mayor and Mayor Pro Tem selections. Then the newly seated Mayor shall make, and publicly announce, the Council member appointments to Committee/Agency assignments.

The City Council and/or the Mayor can establish an ad hoc committee. The Mayor shall be responsible for appointing all members of the City’s ad hoc committees.

7. MISCELLANEOUS
(a). Use of Social Media
Although social media has become an effective communication tool used by local government to provide direct communications with the community, elected officials need to be mindful to not use social media in a manner that could harm the City’s interest. In addition, Council members should be cautious with their social media postings in an effort to avoid inadvertently conducting serial meetings that would violate the notice and public meeting requirements. When Council members are making decisions about how to engage on social media, they should take a number of legal considerations into account such as; the Brown Act, the Public Records Act, due process, and First Amendment Considerations. If a City Council member is unsure about how their particular uses of social media may or may not conflict with the current governmental regulations, it is advisable 11 OF 12
that they consult with the City Attorney.
(b). Use of City Issued Email Account
A majority of the City Council members’ emails are subject to disclosure under the California Public Records Act (PRA) and must be retained and accessible in the event of an applicable PRA request. Therefore, each Council member will be issued a City email address (i.e. @citybigbearlake.com) to be used for all City Council related email correspondence. The City email account will include an official email signature that identifies City Council members in their official designations (i.e. Mayor, Council Member) and includes an important public disclaimer informing all recipients that their email correspondence with the elected official may be subject to a PRA request.

In addition, Council members need to be aware that their email correspondence is subject to the requirements of the Brown Act. While the Brown Act does not prohibit the use of email to make individual contacts between members of the Council, public or staff, great care should be taken to avoid the use of email to contact a majority of the Council which may unintentionally result in conducting a serial meeting.
(c). Use of City Stationery
Individual City Council members will be provided with official City stationery for use as they deem appropriate. A copy of all City Council correspondence that was not originally prepared by City staff will be provided to the City Clerk’s Office to be retained in accordance with applicable records retention regulations.

The City will also maintain official City stationery that will include all five current Council members’ names within the letterhead. Staff will use this stationery when preparing official City Council correspondence that will be signed by the Mayor in his/her official capacity as the Council representative.
(d). Use of City Office & Conference Rooms
The City Council will be provided with the use of one office to be shared by all five members of the Council. This office will be equipped with a shared computer and each individual Council member will be provided with their own secure login. In addition, all Council members can use any available conference rooms located at City Hall. To ensure availability of the Council’s shared office and/or meeting rooms, please contact the City Clerk Department’s staff to schedule the use of these City facilities during normal City Hall business hours. Then the City’s staff will ensure these rooms are unlocked and set up appropriately per the requested needs (i.e. the heater is turned on, ensure the presentation computer is logged into, set up the appropriate number of tables and chairs, etc.….) of the meeting.
(e.) Use of Titling, Labeling or Branding of Individual Council Member Events When an individual Council member is hosting a special meeting or event that is widely advertised and open to the general public, they are required to include a standard disclaimer message on all promotional materials associated with the event to ensure the participants are aware it is not an 12 OF 12
official City of Big Bear Lake meeting or event. In addition, all Council members will be required to follow the City’s Ordinance related to the use of the official city seal and logo. (f.) Use of City Facilities by Individual Council Members Individual Council members are permitted to utilize available offices, conference rooms, and/or meeting spaces at City Hall and other City facilities as necessary or desired to meet with small groups of constituents and/or other parties for the purpose of conducting individual Council member business, and should reserve appropriate meeting space with City staff. Individual Council members hosting a special meeting or event that is widely advertised and open to the general public, with the exception of campaign or election/re-election events which shall not be allowed, may host such events, in accordance with section 7(e) above, at City facilities, so long as any required permits are first obtained and all applicable fees are paid by the City Council member, as would be required of any other member of the community or organization. (g.) City Council Mileage Reimbursement
Council members are not provided access to operate a City owned vehicle. Instead, the City provides each Council member with a monthly “Vehicle Allowance” per an adopted resolution.

The current resolution (Resolution No. 88-09), provides a $50 monthly stipend be paid to each Council member and a $100 monthly stipend be paid to the Mayor. This resolution indicates the monthly stipend is intended to reimburse a Council member for their personal vehicle expenses incurred while engaging in official City business. In addition, the City will reimburse Council members for their personal travel expenses (including mileage) incurred while attending City related conferences and training events. The Elected and Appointed Officials Expense Reimbursement Policy (Resolution No. 2006-10) should be referenced to determine all allowable travel reimbursements.

In the event, a Councilmember is using their personal vehicle to attend various meetings/trainings related to their individual Agency/Board/Committee (i.e. BBARWA, SCAG, MARTA) assignments, they should seek mileage/travel reimbursement from those organizations. (h.) “In God We Trust” and “E Pluribus Unum” Motto
America’s national motto, “In God We Trust”, and America’s de facto motto, “E Pluribus Unum” will be displayed under the City seal in the Council’s meeting chambers as a symbol of the City of Big Bear Lake’s national patriotism.
(i.) Use of Electronic Communication Devices During Council Meetings Council members are discouraged from using email, text message, social media, or other personal electronic communications devices during Council meetings. Council members should remain fully engaged in the Council’s business at hand, and should also take care to prevent the perception of a Brown Act violation, ensure the integrity of quasi-judicial proceedings, and prevent the perception that other unknown parties are influencing Council decisions during the meeting.

Adopted by Council: 11/1/2021
City of Victorville
City Council Policy and Procedures Manual
Adopted by the Victorville City Council
by Resolution No. 17-056 on October 3, 2017
Revised by Resolution No. 18-074 on September 4, 2018
Revised by Resolution No. 19-057 on October 1, 2019
Revised by Resolution No. 20-055 on June 23, 2020
Revised by Resolution No. 21-021 on March 16, 2021
-iTABLE OF CONTENTS
TABLE OF CONTENTS i
CHAPTER 1 - INTRODUCTION AND PURPOSE 1
CHAPTER 2 - ROLE OF CITY COUNCIL 2
CHAPTER 3 - COUNCIL MEETINGS 11
CHAPTER 4 - AGENDA 19
CHAPTER 5 - MEETING RULES OF CONDUCT AND DECORUM 22
CHAPTER 6 - ADMINISTRATIVE MATTERS 32
CHAPTER 7 - RELATIONSHIP AND CONDUCT 35
CHAPTER 8 – COMMUNICATION AND REPRESENTATION 40
CHAPTER 9 - COMMISSIONS, COMMITTEES AND BOARDS 48
CHAPTER 10 - ENFORCEMENT 52
Chapter 1
1 CHAPTER 1 - INTRODUCTION AND PURPOSE
I. PURPOSE OF MANUAL
A. Compile, Revise and Adopt Rules and Policies. By adopting this Policy and Procedures Manual (“Manual”), the City Council of the City of Victorville (the “City Council” or “Council”) hereby establishes updated Rules of Procedure for the preparation of its agendas, conduct of its meetings, and transaction of other City Business. In addition, by adopting this Manual, the City Council further compiles, consolidates, updates, and supersedes any prior Council Policies, Resolutions, rules, and related administrative procedures that have been formally adopted by the City Council addressing the subject matter and/or the topics discussed herein.

B. Provide Standards and Guidance. The purpose of this Manual is to set a standard of professionalism for the conduct of the City Council’s business. Victorville has a long and proud tradition of open government and civil, intelligent public discourse. This Manual is intended to enhance public participation and Council debate so that the best possible decisions can be made for Victorville. While attempting not to be overly restrictive; procedures, policies, and codes of ethics and conduct are being established and/or clarified so that expectations and practices are clearly articulated to guide City Councilmembers in their day-to-day conduct and actions.

C. Ease of Reference. Having the majority of the rules, procedures, practices and policies (hereinafter collectively “Rules”) of the Victorville City Council consolidated and contained in a single, easily-accessible document will clarify expectations and responsibilities and will streamline the conduct of meetings and other City Council business in the public interest.

II. EFFECTIVE DATE AND PERIODIC REVIEW/UPDATE OF MANUAL A. Effective Date. The Rules contained in this Manual shall be in effect immediately upon their adoption by City Council resolution, and shall remain in effect until such time as this Manual is amended and new Rules are adopted and/or updated by City Council resolution.

B. Biennial Review. This Manual will be reviewed at least biennially (once every two years) and be revised by City Council Resolution if and as needed.

Chapter 2
2 CHAPTER 2 - ROLE OF CITY COUNCIL
I. OVERVIEW
A. City Council Acts as a Body. One of the fundamental tenets of city governance is recognizing that the City Council acts as a body. No individual Councilmember has extraordinary powers beyond those of other members. Although the Mayor and the Mayor Pro Tempore (“Pro Tem”) have additional ceremonial, parliamentary and administrative responsibilities as described below and elsewhere in this Manual, with respect to the establishment of policies, voting, and in other significant areas, all members are equal.

B. Establishment of City Policy. City Policy is established and direction is given to City staff by a majority vote of the Council. Neither the Mayor nor the Mayor Pro Tem has veto power or any other policy-making authority beyond that of the other Councilmembers.

C. Decisions of Majority of Body Binding on City Council. While individual Councilmembers may disagree with decisions of the majority, a decision of the majority does bind the City Council to a course of action and provides City staff with clear direction to follow. Similarly, City staff is responsible to ensure that the policy set by the City Council is implemented and upheld consistent with the wishes of the majority. Implementation of City Council policy by staff does not reflect a bias against Councilmembers who held a minority opinion on an issue.

II. COUNCIL ELECTION AND GOVERNANCE
The City of Victorville is governed by a five-member City Council elected to four-year terms on a staggered basis. Councilmembers are elected in the general election in November of evennumbered years. The Mayor and Mayor Pro Tem will be appointed by a majority vote of the entire membership of the City Council. The City Council shall appoint the Mayor and Mayor Pro Tem for one-year terms at the first regular meeting in December of every year or as soon thereafter as feasible and, when applicable, following the certification of election results and seating of new City Councilmembers. The newly-appointed Mayor and Mayor Pro Tem assume their positions immediately following the majority vote.

The nomination and appointment procedure for the offices of Mayor and Mayor Pro Tem shall be conducted in successive order and as shown below.

1. The City Clerk opens nominations.

2. The City Clerk receives up to one nomination per Councilmember until no further nominations are forthcoming. Seconds are not required.

3. The City Clerk closes nominations.

Chapter 2
3 4. The City Clerk calls on each Councilmember to cast by verbal vote the name of his/her nominee of choice.

5. The City Clerk announces the outcome of the vote and declares the appointment upon a majority vote of the full membership.

6. If an appointment is not confirmed, the City Clerk repeats the foregoing procedure once more on the prospect of the City Council reaching agreement.

The newly-appointed Mayor shall preside over the process for the office of Mayor Pro Tem, unless he/she prefers the City Clerk facilitate the appointment.

Should the City Council be unsuccessful in its appointment efforts, whether it be by insufficiency of votes or failed action pursuant to Chapter 5, Section R, Tie Votes, the item shall be reconsidered during the next regular City Council meeting in expectation of securing the requisite consensus of the full body. If such consensus is not gained after the second consecutive Council meeting during which one or more appointments were considered, the sitting Mayor and/or Mayor Pro Tem, as applicable, shall remain in office until the next annual organizational meeting.

III. ROLE AND DUTIES OF MAYOR
A. Official Ceremonial Head of City. The Mayor is recognized as the official head of the City for all ceremonial purposes and shall perform such other duties consistent with the office as set forth in this Manual and as may be delegated to the Mayor by majority vote of the City Council.

B. Presiding Officer. The Mayor is the Presiding Officer at all meetings of the City Council and acts as the chair. In this role, the Mayor has authority and discretion

1. to preserve order at all Council meetings by facilitating the effective conduct of business during meetings and assisting, when deemed necessary, fellow Councilmembers in understanding their roles and responsibilities in municipal governance;

2. to enforce (or cause to be enforced) the Meeting Rules of Conduct and Decorum as set forth in Chapter 5 of this Manual;

3. to determine the order of business at meetings of the City Council; and

4. to require any person addressing the City Council to be sworn as a witness and to testify under oath when, for example, testifying in judicial or quasi-judicial proceedings. The Mayor or other Presiding Officer shall also require such swearing-in if directed to do so by a majority of the Council.

Chapter 2
4 C. External Communication of Policy. The Mayor is to faithfully communicate the position of the Council majority in matters of policy.

D. Seating Arrangement for City Council. The Mayor assumes the center chair on the dais and oversees the seating location of the other Councilmembers at all meetings of the Council, in council chambers or elsewhere. The Mayor will, following each Council election of officers and at such other times as the Mayor deems it necessary, establish the seating arrangement of the Councilmembers. The Mayor Pro Tem will always be seated immediately next to the Mayor.

E. Signing Documents. The Mayor, whenever available, shall sign all ordinances, resolutions and other documents that have been adopted and authorized by the City Council and require an official signature. However, the City Manager or another City official may sign certain documents when so authorized by Council action and/or the provisions of the Victorville Municipal Code.

F. Absence of Mayor. In the absence of the Mayor, the Mayor Pro Tem performs the duties of the Mayor, including acting as the Presiding Officer at meetings. When both the Mayor and the Mayor Pro Tem are absent from any meeting of the Council, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tem, or until adjournment, whichever comes first.

G. New Councilmember Orientation. The Mayor will lead, with the assistance of the City Manager, new Councilmember orientations.

IV. ROLE AND DUTIES OF ALL COUNCILMEMBERS
A. Annual Review of Residency
Government Code Section 36052(a) requires Councilmembers of this City to maintain a legal residence or domicile within the City of Victorville and rules regarding residency are further discussed in Section 243 and 244 of the Government Code. To properly ensure compliance, Councilmembers shall be required to certify with the City Clerk annually, their residency or domicile within the City of Victorville.

B. Advance Preparation for Meetings.

1. Prior Review of Agenda Materials. Prior to attending Council and committee meetings, study sessions and/or workshops, Councilmembers shall read or otherwise familiarize themselves with each agenda and supporting documentation for the items thereon.

Chapter 2
5 2. Seek Prior Clarification of Agenda Materials. In respect for everyone’s time and to help ensure that individual Councilmembers may be equipped to make informed decisions, do his/her best work, and move meetings forward in a meaningful way, it is incumbent upon each Councilmember to promptly seek answers to questions he/she may have about the posted agenda items and agenda-package materials for the immediately pending meeting. Toward fulfilling these objectives, Councilmembers should seek the aforementioned assistance from the City Manager, City Attorney, City Clerk, or such Senior Management as the City Manager may designate (e.g., Assistant City Manager, Deputy City Manager, City Engineer, Public Information Officer, City Department Directors, or the Police Chief) as soon as possible after receipt of the agenda package and prior to the meeting to which the agenda package relates.

3. Avoid Unfair Surprise. Councilmembers should advise the City Manager in advance of issues or questions they intend to bring up at a public meeting. This refers to issues and questions that City staff would not normally anticipate or have researched for that particular meeting.

4. Report Possible Absences. Each Councilmember shall report immediately to the Mayor and City Clerk any likelihood of absence in order to ensure the most effective facilitation of City Council meetings. To the extent any Councilmembers are absent or going to be absent for two or more consecutive regular council meetings, that Councilmember should seek the consent of the City Council to excuse such absence either prior to the absence, or immediately upon return, which consent shall require majority vote of the quorum.

C. Councilmember Appointments and Assignments. Following nominations by individual Councilmembers, the City Council confirms by a majority vote of the entire membership its appointments to City commissions, boards, and standing committees, as well as its appointments to the various boards, commissions, and committees of outside agencies on which Councilmembers serve as representatives of the City. The nomination process for such appointments shall follow the same nomination procedures as provided in Chapter 2, Section II of this Manual relating to the nomination of Mayor and Mayor Pro Tem. See Chapter 9 as to the roles and duties of such committee, commission, and board appointees, and additional rules relating to nominations and the filling of vacancies. Chapter 9 also provides rules relating to the creation and purposes of Ad Hoc subcommittees composed of less than a quorum of the City Council.

D. Council Vacancies. Whenever a vacancy occurs in the office of City Councilmember, the City Council will fill the vacancy by appointment or special election in accordance with the procedures set forth in Government Code section 36512 or the provisions of any ordinance adopted by the City Council thereunder. If a vacancy is to be filled by appointment, and in order that the Council may select the candidate best suited to the position, the City shall initiate an application and interview process which shall be robust, uniform, and free from the appearance of impropriety. Except for official communication with the City Manager’s office, which includes the City Clerk, all contact between Councilmembers and candidates Chapter 2
6 regarding the appointment process and/or potential appointment is restricted to a formal interview process during a public meeting. Any candidate who violates this protocol may be excluded from appointment. An ad hoc subcommittee of less than a quorum of the Council shall develop the process for appointment, which is subject to Council approval.

E. Leadership, Goals, and Policy; Ex-Officio Roles of the City Council.

1. Leadership, Goals, and Policy. City Councilmembers are elected to provide leadership in setting goals and in formulating policies. The City Council is the focal point for identifying and interpreting the wishes of the citizens and translating these into specific programs.

Successful goal setting and policy formulation largely depend on a good working relationship amongst the Council and between the Council and the administrative staff.

Under the City Manager’s direction, staff can provide assistance in analyzing the City’s needs, suggesting action programs, and calculating the costs of proposals. However, the Council has the final responsibility for establishing local policies and determining services and budget levels appropriate for the City.

2. Ex-Officio Roles. The City Council also serves as the Boards for the Victorville Water District (“VWD”), the Southern California Logistics Airport Joint Powers Authority (“SCLAA”), the Southern California Logistics Rail Authority ("SCLRA”), the Library Board of Trustees, the Successor Agency to the Victorville Redevelopment Agency, the Housing Assets Successor, and the Victorville Joint Powers Financing Authority (“JPFA”), with all meetings being held concurrently. References made in this Manual to the City Council also include the Council when acting in it its roles as the boards of the aforementioned entities.

F. Engaging in Legislative and Quasi-Judicial Decisions/Acts. Almost all actions or decisions made by the City Council fall into one of two categories: legislative or quasi-judicial.

1. Legislative. These actions/decisions formulate rules to be applied to all future cases.

Examples include, but are not limited to: adoption and amendments to municipal codes, general plans, zoning codes, and personnel regulations. These actions are generally taken by ordinance or resolution.

2. Quasi-Judicial. While legislative actions establish public policy and rules applicable to groups of property or people, quasi-judicial proceedings affect individual properties or parties. Quasi-judicial proceedings involve the application of established standards to individual facts to determine specific rights or to take specific actions under existing law.

3. Due Process. The distinction between these two types of acts/decisions comes into play in the due process afforded to parties (particularly in the public and appeal hearing context), as explained in more detail in Chapter 3, Section VI of this Manual.

Chapter 2
7 G. Issuing Subpoenas. Pursuant to Government Code section 37104, the City Council may issue subpoenas to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before the Council. The form of oaths administered by the City Clerk will be substantially in the following form:
<Name of affiant>
“I hereby declare or affirm under penalty of perjury that the testimony I am about to give before the City Council is the truth.”
H. Compliance with Code of Ethics. On July 7, 2009, the City Council adopted Resolution No. 09- 059 establishing a Code of Ethics setting forth principles and standards of conduct to be observed by all Councilmembers. Immediately upon adoption of this Manual by resolution of the City Council, Resolution No. 09-059 shall be superseded in its entirety by the provisions of Section V, below.

I. Handling Concerns or Complaints from the Public and Staff. Councilmembers shall function within their established roles when listening to concerns or complaints from the public and staff. While it is important to be available when issues arise, Councilmembers shall abide by uniform procedures to ensure matters are handled expeditiously and everyone is treated respectfully and fairly. Councilmembers shall remain neutral when receiving reports, conveying that they have no individual authority to resolve issues and further recognizing that only one side of the story is being heard. Councilmembers shall adhere to their policy role pursuant to Chapter 2 of this Manual, being certain not to interfere with the administrative functions of the City or the professional duties of City staff. The same level of care must be exercised when responding to emails as is described for personal interactions.

Councilmembers shall use the following procedures when handling concerns or complaints:

1. Receive - Listen to what the person has to say without preparing a response.

2. Repeat - Paraphrase or ask a question to clarify for understanding. Ask the person to identify those to whom s/he has spoken about the matter prior to contacting a Council member.

3. Request - Ask what the person would like the Council member to do with the information and/or what is seen as a solution to the problem.

4. Review - Indicate that the information will be shared with the City Manager in order that the City Manager or his or her designee may be able to provide a response or additional information as may be necessary.

V. CODE OF ETHICS FOR COUNCILMEMBERS
A. Intent and Purpose. To assure public confidence in the integrity of local government and its effective and fair operation, this Code of Ethics provides a framework for day-to-day actions Chapter 2
8 and decision-making by Councilmembers and represents a commitment to uphold a standard of integrity beyond that required by law. The citizens and businesses of Victorville are entitled to a fair, ethical, and accountable local government that has earned the public’s full confidence for integrity. To ensure the effective functioning of democratic government, the City Council requires each of the following:

1. Public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government.

2. Public officials be independent, impartial, and fair in their judgment and actions.

3. Public office be used for the public good, not for personal gain.

4. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

B. Principles and Standards. The principles and standards of ethical conduct for Victorville City Councilmembers are hereby established as set forth below.

1. Act in the Public Interest. Recognizing that stewardship of the public interest must be their primary concern, Councilmembers will work for the common good of the people of Victorville and not for any private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions coming before the Victorville City Council.

2. Comply with the Law. Councilmembers shall comply with the laws of the nation, the State of California, and the City of Victorville in the performance of their public duties.

These laws include, but are not limited to: the United States and California Constitutions, the Victorville City Charter, the Victorville Municipal Code, laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open government, and City ordinances and policies.

3. Councilmember Conduct. The professional and personal conduct of Councilmembers must be above reproach and avoid the appearance of impropriety. While it is understood that Councilmembers enjoy First Amendment rights, they shall practice civility and decorum in discussions and debate, and refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Council, boards, commissions, staff, or the public that is intended to disrupt and not further the City's business.

4. Respect for Process. Councilmembers shall perform their duties in accordance with the processes and rules of order established by the Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Council by City staff.

Chapter 2
9 5. Decisions Based on Merit. Councilmembers shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

6. Conflict of Interest. In order to assure their independence and impartiality in the City’s best interest, Councilmembers shall not use their official positions to influence decisions in which they have a conflict of interest.

7. Gifts and Favors. Councilmembers shall follow the laws that apply to the acceptance of gifts or favors as a public official.

8. Use of Title. Councilmembers may use their title only when conducting official City business, for informational purposes, or as an indication of background and expertise.

Individual Councilmembers must be careful not to: 1) exceed or appear to exceed his/her authority, 2) use his/her position to influence others unduly or, 3) use his/her title to improperly gain leverage or preferential treatment.

9. Confidential Information. Councilmembers shall respect the confidentiality of information concerning the property, personnel, or affairs of the City. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests.

10. Use of Public Resources. Councilmembers shall not use public resources, such as City staff time, equipment, supplies, or facilities, for private gain or personal purposes.

11. Advocacy. Councilmembers shall represent the official policies or positions of the Council to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, Councilmembers shall explicitly state they do not represent the opinion of the entire Council.

12. Positive Workplace Environment. Councilmembers shall support the maintenance of a positive and constructive workplace environment for their employees, City employees, private citizens, and businesses dealing with the City. Councilmembers shall recognize their role in individual dealings with City employees. Councilmembers shall not be immune to potential liability and/or legal proceedings by City employees when the rights of such employees who are acting within the scope of their employment have been infringed upon or violated by Councilmembers.

13. Policy Role of Councilmembers. Councilmembers shall respect and adhere to the Council-Manager structure of Victorville City government. In this structure, the City Council determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, and City staff. Councilmembers shall not interfere with the administrative functions of the City or the professional duties of City staff, nor shall they impair the ability of staff to implement Council policy decisions.

Chapter 2
10 14. Enforcement. Councilmembers have the primary responsibility to ensure that this Code of Ethics is followed so the public may have full confidence in the integrity of government.

Although this Code of Ethics and Conduct is intended to “be self-enforcing” and will be most effective when Councilmembers are thoroughly familiar with and embrace its provisions, City Councilmembers who intentionally and/or repeatedly do not follow proper conduct may be subject to an informal reprimand (a statement of disapproval) or formal censure as set forth in Chapter 10 of this Manual.

C. Norms and Protocols. The following norms were agreed to by each individual Councilmember present during the Governance Workshops of February 2020 and February 2021. 1) We conduct ourselves in a
professional manner.
2) We respect open government.
3) We value civil, intelligent public
discourse.
4) We seek to be efficient in our
meetings.
5) We treat all members of the
public with respect.
6) We understand our role in
contributing to a positive
workplace environment.
7) We respect the CouncilManager form of government,
and Councilmembers do not
interfere with the role of the
City Manager or any
professional duties of City staff.
8) We keep confidential matters
confidential.
9) We know that a good working
relationship between Councilmembers
and with staff fosters good goal setting,
policy making and service delivery.
10) We understand that the Council acts as a
body, all members are equal, and policy
direction is only given by a majority vote
of the Council.
11) We understand that staff is obligated to
implement decisions made by the
Council, even if one of us doesn’t agree
with the Council’s decision.
12) We are prepared for Council meetings
and ask our questions of staff in advance
so we can avoid surprising staff at the
meetings. We know this is good
teamwork.
13) We act with high integrity in all matters
and follow our code of ethics.

Chapter 3
11 CHAPTER 3 - COUNCIL MEETINGS
I. REGULAR MEETINGS
A. Time and Place. As set forth in Section 2.20.040 of the Victorville Municipal Code, regular meetings of the City Council are held the first and third Tuesdays of each month at 5:00 p.m. (Closed Session) and 6:00 p.m. (Regular Session) in the City Council Chambers located at 14343 Civic Drive, Victorville, California. City Hall will be open and accessible to Councilmembers during regular City business hours and at such times as regular and special meetings of the City Council are being held. Regular City business hours are: Monday through Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 4:30 p.m.

B. Compliance with Ralph M. Brown Act. To ensure that the deliberations and actions of the City Council are conducted openly and to ensure meaningful public participation, all meetings of the of the City Council shall be held in compliance with the provisions of the Ralph M.

Brown Act, Government Code Section 54950 et seq. (the “Brown Act”).

II. SPECIAL MEETINGS AND EMERGENCY MEETINGS
A. How Called and Held. Special meetings and emergency meetings of the City Council may be called by the Mayor or majority of the City Council and held from time to time consistent with and pursuant to the procedures set forth in the Brown Act. Any special meeting called pursuant to this section shall not be scheduled unless a majority of the City Council has confirmed their availability.

B. Accommodate the Public. To be respectful of the public, unfinished business in any special meeting held immediately prior to a regularly-scheduled meeting should be suspended until the regular meeting is adjourned.

III. CONSIDERATION OF NEW BUSINESS/CANCELLATION OF MEETINGS A. Consideration of New Business. No new item of Council business as posted in the Written Communications portion of the meeting agenda (See Sections V.B and VI.F of this Chapter) shall be considered after 10:00 p.m. unless approved by a majority vote by the Council. New business not taken up by the Council shall be carried over to the next regular City Council meeting, or the meeting may be adjourned to a date specific at Council’s direction.

B. Cancellation of Meetings. Any regular or special meeting of the Council may be cancelled in advance by a majority vote of the Council during a prior meeting of the Council. The Mayor may cancel a meeting in the case of an emergency or when a majority of members have advised the City Clerk of their unavailability to attend a meeting. The City Manager may cancel a meeting when he/she determines there is no business to be conducted at the meeting.

Appropriate notices will be provided. Solely for the purpose of confirming unavailability of members prior to cancelling a meeting, the City Clerk may poll the members of the City Council provided that the City Clerk does not communicate to any Councilmember the Chapter 3
12 responses of any other Councilmembers polled. Written notice of cancellation shall be given to each Councilmember and further shall be posted and distributed to the same parties and in the same manner as the agenda for regular meetings.

IV. MEETING MINUTES
A. Action Minutes. The City Council will use action minutes, which, at the discretion of the City Clerk, will contain either very little, if any, narrative content or a light summary to record their proceedings both during Open Session and Closed Session discussions. Action minutes will include final motions and will note for the record how each Councilmember voted. The minutes will also reflect the names of public speakers, if stated, and may contain brief summaries of the nature of comments, and in public hearings whether they spoke in support or opposition of the agenda item at issue. The City Clerk will have exclusive responsibility for preparation of the minutes, and any corrections to the minutes will be made by majority vote of the City Council.

B. Reading Not Required. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, the minutes may be approved without a reading if the City Clerk has previously furnished the draft minutes in the City Council agenda packet.

C. Draft Minutes. Draft minutes of meetings are generally submitted to the Council for approval with the agenda packet. Any Councilmember who was absent from the prior meeting may participate and vote on the approval of the minutes and need not abstain on the approval of the minutes for that meeting.

D. Recordings. Recordings of all regular and special meeting proceedings are maintained by the City Clerk for a period of 2 years or as provided for in the City’s currently-adopted recordsretention schedule. Closed Session discussions shall not be recorded unless mandated by a court of competent jurisdiction. The City Clerk shall take action minutes of all Closed Session items.

V. CONDUCT OF BUSINESS
A. Generally. The order of business for a Council Meeting is generally shown on the agenda in the order set forth in Section B, below, but may be modified when necessary on a case-bycase basis by the Mayor on his/her own prerogative or by the City Manager, as the Mayor may deem appropriate.

B. General Order of Agenda Items of Business for Council Meetings.

1. Closed Session
• Call to Order/Roll Call
 Public Comment on Closed Session Items
 Declaration of Closed Session Items by City Attorney
 Recess to Closed Session
Chapter 3
13  Adjourn Closed Session
 Return to Open Session
 Closed Session Announcements by City Attorney

2. Regular Session
 Call to Order/Roll Call
 Closed Session Announcements by City Attorney (to the extent not made immediately following Closed Session as noted above)
 Invocation/Pledge of Allegiance
 Proclamations/Special Presentations
 City Clerk Presents Agenda/Revisions to Agenda to the City Council  Conflict of Interest Declaration(s)
 Public Comments on any agenda item, except for public hearing items, as well as on topics of interest to the public that are within the subject matter jurisdiction of the City Council
A. Appeal Hearings
B. Public Hearings
C. Consent Calendar
D. Written Communications
E. City Manager Reports/Possible Upcoming Agenda Items/Reports from Council Members

3. Adjourn
C. Public Interest. The public interest shall be taken into consideration when the order of business on the agenda is modified. When feasible, topics anticipated to be of greatest interest to the public will be placed at the beginning of the agenda.

VI. DESCRIPTION/EXPLANATION OF PURPOSE OF CERTAIN AGENDA ITEMS A. Closed Session. The City Council may hold closed sessions during any regular or special meeting, or any time otherwise authorized by law, to consider or hear any matter that is authorized by State law. The City Council shall exclude from any such closed session any person or persons who it is authorized by State law to exclude from such closed sessions. The general subject matter for consideration shall be shown in the agenda posted for such session pursuant to the procedures set forth in the Brown Act. The City Attorney declares the items on the Closed Session Agenda and makes reports following Closed Sessions in accordance with the Brown Act.

B. Public Comment Periods. Depending on the meeting, these periods are provided at the start of the Closed and Regular Sessions and prior to Council’s consideration of agenda items to satisfy the requirements of the Brown Act. These periods provide the ability for members of the public to address the Council on items appearing on the agenda or on other matters of interest within the jurisdiction of the City Council that do not appear on the agenda.

Chapter 3
14 1. Restrictions. Public Comment Periods should not be utilized by Councilmembers to the extent said use impinges upon and/or diminishes the time allotted for other members of the public to speak, unless a Councilmember has recused himself/herself from participating in a decision of the Council on a particular agenda item for a financial or other conflict of interest and further is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in sections 18707(a)(3)(C) and 18704(d)(2) of the regulations of the Fair Political Practices Commission (“FPPC”).

2. Reasonable Time, Place, and Manner Limitations. Time and other reasonable limitations may be placed on these comment periods as more particularly described in Chapter 5, Section III of this Manual.

C. Appeal Hearings. Certain decisions made by the City’s Planning Commission, the City Manager, Senior Management, department heads, and/or hearing officers (as specified in the City’s Municipal Code or other applicable law) can be appealed to the City Council. Such decisions usually involve quasi-judicial matters, e.g., granting or denying of permits/licenses or other entitlements.

1. Quasi-Judicial Decisions. If a quasi-judicial appeal is at issue, the City Council must follow stricter procedural requirements similar to those used in a court. (“Quasi-judicial” means court-like.) Fair hearings and impartial decision-makers are required. Quasi-judicial hearings must be conducted in accordance with the principles of due process. When the City Council is acting as the decision-making body in quasi-judicial hearings, Councilmembers must refrain from testifying as members of the public, as such participation absent a recusal from the decision could impair due process and create conflicts of interest.

2. Other Public Hearings. Public hearings held prior to adoption of ordinances or other legislative/policy matters can follow less strict standards.

D. Public Hearings. In general, a public hearing is an open consideration within a regular meeting of the City Council, for which special notice has been given and may be required. During a specified portion of the hearing, residents or concerned members of the public are invited to present protests or offer support for the matter under consideration, subject to reasonable time and other limitations.

1. When Required. Public hearings may be required on certain items as prescribed by the Victorville Municipal Code and/or state and federal law. Some examples of when public hearings are generally required include: zoning changes, some annexations, weed abatement items, introduction and first reading of ordinances, and increases of City fees and charges for utilities and other services.

Chapter 3
15 2. Cancellation and Continuances for Hearings Set by Council. Public hearings set by the City Council may be cancelled by a majority vote of the City Council or at the request of the City Manager or City Attorney for good cause. If needed, cancelled public hearings shall be re-noticed in accordance with applicable law. The City Council may also open a public hearing at a meeting, take testimony, leave such hearing open, and continue it to a date certain without re-noticing, upon a majority vote of the City Council, or by the Mayor at the request of the City Manager or City Attorney for good cause.

3. Continuances for Proponents of Projects and/or Appellants. Proponents of Projects for which a public hearing is required and Appellants who have an appeal hearing scheduled before the City Council shall be granted one continuance of that hearing under the following conditions:
(a) Requests for continuances of public hearings and appeal hearings shall be submitted by the proponent/appellant in writing to the City Clerk by no later than the close of business on the date of the Council meeting at which the matter is scheduled to be heard.
(b) The written request shall specify: (1) the reason for the request for continuance, and (2) the Council meeting date on which the proponent/appellant desires the matter to be heard.
(c) The City Council reserves the right to continue the public hearing or appeal hearing to a date and time that is least likely to impact the conduct of regularly agendized City business.
(d) If the proponent/appellant is unable to attend the meeting at which the matter will be heard, the proponent/appellant should designate a representative to appear on his/her behalf.
(e) No further continuances shall be granted unless, in its discretion, the City Council determines by majority vote that it is necessary to do so after considering the testimony and findings presented at the hearing.

4. General Public Hearing Procedure. Public hearings shall generally be conducted as follows:
(a) Staff presents its report, either by way of a written staff report or by in-person oral presentation.
(b) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(c) The Presiding Officer opens the public hearing.

Chapter 3
16 (d) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(e) The Presiding Officer closes the public hearing after everyone wishing to speak has had the opportunity to do so.
(f) Council deliberates and takes action.

5. General Quasi-Judicial Public Hearing Procedure (Land Use Matters and Appeal Hearings). If a public hearing involves a quasi-judicial matter, the provisions of Section VI.C.1 of this Chapter and other due process procedural safeguards will apply. Although the City Attorney shall advise the Council in this regard, such public hearings shall generally be conducted as follows:
(a) Councilmembers disclose any ex parte communications or information obtained outside the Council Chamber, such as field trips, views of the premises, and discussions with individuals.
(b) Staff presents its report, either by way of a written staff report or by in-person oral presentation.
(c) Councilmembers may ask questions of staff, subject to the time limitations set forth in Chapter 5, Section II.D of this Manual.
(d) The Presiding Officer opens the hearing.
(e) The applicant and/or appellant have the opportunity to present his/her comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her case unless additional time is granted by a majority vote of the Council. In the case of an appeal when the appellant is different from the applicant, the appellant should be called up first to provide comments or testimony. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views.
(f) Members of the public may present their comments, subject to time limits established by the Presiding Officer and/or this Manual.
(g) The applicant and/or appellant have the opportunity to present his/her rebuttal comments, testimony, or arguments. Each applicant or appellant will be allotted five (5) minutes to present his/her rebuttal case unless additional time is granted by a majority vote of the Council. If the applicant and appellant are different persons, the applicant and appellant should each be given equal time to present his/her views. (h) The Presiding Officer closes the hearing after everyone wishing to speak has had the opportunity to do so.

Chapter 3
17 (i) Council deliberates and takes action.

E. Consent Calendar. Items on this portion of the agenda include matters considered to be of a routine, administrative, or non-controversial nature, such as approval of the minutes for a prior meeting(s), approval of the register of demands, and second readings of ordinances.

Any discussion shall be limited in nature, and those items so listed shall be approved and adopted by one motion of the Council and a roll call vote.

1. Clarification or Comment. Councilmembers may comment on Consent Calendar items or ask for minor clarifications without the need for pulling the item for separate consideration. To do so, Councilmembers must gain the Presiding Officer’s recognition immediately after the Consent Calendar is announced and before a vote is invited.

2. Pulling Consent Calendar Items. Only those items that require detailed deliberation should be pulled for separate consideration by Councilmembers. This must be done by making a request immediately after the Consent Calendar is announced by the Presiding Officer. If a request is made, it shall serve as a motion to remove an item or items and must be seconded before a vote of the Council may be taken. If the motion to remove receives a majority vote, said item(s) shall be removed from the Consent Calendar and added as the final item(s) for Council’s consideration in the Written Communications portion of agenda. If a motion to remove an item or items is not seconded, the motion to remove shall fail and the Council may proceed with voting on the Consent Calendar in the manner set forth in Section VI.E, above.

3. “No” Vote without Pulling Item. It is acceptable to register a “no” vote on an item on the Consent Calendar without pulling the item for separate consideration. The Councilmember would state that he/she wishes to vote “no” on the item before the Presiding Officer or City Clerk calls for the vote. After the vote, the City Clerk will announce the outcome as: “Motion carries unanimously with the exception of Councilmember A voting ‘no’ on item x.”
F. Written Communications. Items on this portion of the agenda are each discussed/debated and voted on separately.

G. Reports from City Manager. The City Manager provides brief general announcements of current events and matters of interest to Council and the public. In accordance with the Brown Act, no substantive discussion of specific matters is permitted.

H. Discussion and Possible Action Regarding Items for the Upcoming Agenda. At this time, Councilmembers may make motions to place items on an upcoming agenda. The procedural requirements applicable to this item are in Chapter 4, Section III.

I. Reports from Councilmembers. This portion of the agenda provides Councilmembers the opportunity to briefly comment on City events or projects germane to the business of the Chapter 3
18 City. Councilmembers may also make oral reports on meetings and events attended at the City’s expense. In accordance with the Brown Act, no substantive discussion of specific matters is permitted. Reports from Councilmembers are limited to three (3) minutes per Councilmember, and that time cannot be used to reargue failed motions. The City Clerk has the responsibility to assist Councilmembers with time limits by signaling when the Councilmember is nearing his/her three-minute speaking limit.

Chapter 4
19 CHAPTER 4 - AGENDA
I. GENERAL PURPOSE OF THE AGENDA RULES
A. General. The following rules relating to the agenda for City Council meetings are based on the premise that it is in the interest of good government that the City Council be fully informed on all matters upon which it is called to act. The City Council relies upon City staff to perform research, review potential courses of action, furnish technical information, and recommend solutions to various problems of City Government and recognizes that proper, thorough research and investigation requires time to ensure that the City Council has sound background information before it takes action.

B. Council Preparation. To foster the orderly, effective, and efficient conduct of meetings and ensure the necessary business of the City is transacted, each Councilmember has a duty to review and be familiar with the agenda materials in advance of each meeting. (See Chapter 2, Section IV.A of this Manual.)
II. AGENDA PREPARATION
A. In General. Agendas for regular and special meetings are prepared and posted by the City Clerk in accordance with provisions of the Brown Act, this Chapter, and all other applicable rules and laws. The content of each agenda is overseen by the City Manager in consultation with the City Clerk (and the City Attorney as necessary) concerning the sequence of agenda items and other procedural matters.

B. Agenda Item Submission Schedule. Pursuant to a schedule established from time to time by the City Clerk in consultation with the City Manager, draft agenda items are submitted to the City Clerk’s office prior to each meeting. A draft agenda document is prepared by the City Clerk and is provided to the City Manager and staff each Tuesday of the week prior to the regularly-scheduled City Council meeting. A copy of the draft agenda is then reviewed by the City Manager, City Attorney, City Clerk, and Senior Management the following Wednesday morning during its standing meeting.

C. City Manager Review. The City Manager reviews and approves all items for each Council agenda. The final agenda items, including staff reports and attachments, are then submitted to the City Clerk, compiled into the final Agenda packet, and distributed to the Council on the Thursday preceding each regularly-scheduled meeting. The agenda packet is simultaneously made available to the public and posted on the City’s website by the City Clerk in accordance with the Brown Act. Once the agenda packet has been delivered to the City Council, items may be added to that agenda by the City Manager or the City Attorney when necessary, provided a supplemental or revised agenda is prepared and posted by the City Clerk in compliance with the Brown Act. In addition, the City Council may take action on items not appearing on the agenda, which are commonly referred to as emergency or urgency items, provided doing so complies with the provisions of Government Code section 54954.2(b).

Chapter 4
20 D. Minimum Requirements. The agenda specifies the time and location of the meeting and a brief general description of each item of business to be transacted or discussed, including items to be discussed in Closed Session, if any. Each agenda item description includes a recommendation to the City Council of the action to be taken.

III. AGENDA ITEM SUBMISSION
A. Placing Items on the Agenda. As provided in sections B, C, and D, below, persons who may place matters on the agenda are City Councilmembers; the City Manager or his/her designated Senior Management staff; and the City Attorney. The City Council may also consider a request from a member of the public to place an item on a future agenda.

B. Councilmember Agenda Requests. To place an item on a future agenda, any Councilmember, including the Mayor, may make a motion or a request to do so during the “Discussion and Possible Action Regarding Items for the Upcoming City Council Agenda” portion of the agenda. In addition, a Councilmember, including the Mayor, may at any time during a meeting make a request or motion to place an item on a future agenda, if the item proposed for future consideration arises in direct relation to an item being discussed. Any request(s) made by a Councilmember shall be done with a simple contextualization and shall not exceed three (3) minutes unless there is an agreement by a majority vote of the Council to extend the time. No substantive discussion on the subject of the motion or request may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. Limited questions may be asked for clarification or to help Councilmembers ascertain whether the motion or request is timely.

1. Second and Majority Vote Required. If the motion or request to place an item on a future agenda is seconded and approved by a majority vote of those Councilmembers present, the proposed item will be placed on a future agenda. If there is no second, the motion dies and may not be proposed again at future meetings without the requisite suspension of rules for reconsideration.

2. Timing Direction. If the motion provides specific direction regarding timing, the approved item together with a staff report will be placed on a future agenda consistent with that direction. If the motion is silent regarding timing, appropriate City staff will be directed to prepare a staff report, and the approved item will be placed on a future agenda at the earliest suitable time, as determined by the City Manager and the Mayor.

3. Alterations of General Order of Agenda Items of Business. Certain categories of items of business are required by statute to be on every agenda or are necessary to appropriately conduct the business of the City Council in accordance with its adopted Rules of Discussion and Debate and parliamentary procedure (See Chapter 5).

Therefore, recurring categories of items of business such as: Roll Call/Call to Order, Chapter 4
21 Public Comment Periods, Closed Session Declarations and Announcements, Consent Calendar, Public Hearings, Appeal Hearings, Written Communications, and Council Reports may not be altered without advance review or advice of the City Attorney.

4. Requests for Recurring Agenda Items. Requests by Councilmembers to add the same agenda item to every subsequent agenda are not permitted unless approved by a majority vote of the Council.

C. City Manager and City Attorney. When so directed by a majority vote of the City Council or upon his/her own initiative when circumstances warrant, the City Manager and the City Attorney may place items on the agenda.

D. Agenda Requests by Members of the Public. Upon agreement of a majority of the City Council, the City Council will determine whether to place on a future agenda an item requested by the public. A member of the public may request placement of an item on the agenda for Council consideration in the following ways:

1. A member of the public may write a letter to the City Council.

2. A member of the public may speak during the Public Comment period at a City Council meeting.

Chapter 5
22 CHAPTER 5 - M E E T I N G R U L E S O F C O N D U C T A N D D E C O R U M I. PARLIAMENTARY RULES AND GENERAL AGENDA ITEM PROCESS
A. Rosenberg’s Rules. Except as otherwise provided in this Manual, the proceedings of the Council at meetings shall be generally guided by the latest revised edition of Rosenberg’s Rules of Order (“Rosenberg’s Rules”). However, no ordinance, resolution, proceeding, or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow said rules. In the event of a conflict or ambiguity between Rosenberg’s Rules and the rules set forth in this Chapter, the rules in this Chapter shall prevail over Rosenberg’s Rules.

B. General Process for Handling Agenda Items. The following process is the normal order of business for agenda items, except for public hearings, which are discussed in more detail in Section VI of Chapter 3.

1. The Presiding Officer announces the current agenda item. Note: to the extent members of the public wish to provide comments on an agenda item, such comments should be offered during the general public comment period at the beginning of the meeting. Such comments may be taken into consideration by Councilmembers when discussing the particular agenda item.

2. The City Manager or Submitter of the agenda item briefly introduces the item.

3. Staff presents its report (as needed), either by way of a written staff report or by an inperson oral presentation.

4. Councilmembers may ask questions of the City Manager and/or such City staff as the City Manager may designate, although Councilmembers are encouraged to seek clarification by asking or providing such questions prior to the meeting. Councilmember questions on an item may not exceed two (2) minutes unless an extension of time is granted by the Presiding Officer. Extensions granted may be appealed or overruled by a majority vote of the Council.

5. The Presiding Officer invites a motion.

6. Following a valid motion and second, the Council discusses, deliberates, and takes action as described in this Chapter.

7. An affirmative vote of the Council carries the motion, as described herein.

Chapter 5
23 II. RULES OF DISCUSSION AND DEBATE
A. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address their remarks to the Presiding Officer and their fellow members. Any remarks or orders to the audience shall be addressed by the Presiding Officer, or with his/her permission, by members of the Council.

B. Presiding Officer. The Presiding Officer shall have the authority to prevent the misuse of the legitimate form of motions, the abuse of privilege of renewing certain motions, or the obstruction of the business of the City Council. The Presiding Officer may preserve orderly business by ruling such motions out of order. In so ruling, the Presiding Officer shall be courteous and fair and shall presume that the moving party is making the motion in good faith. The Presiding Officer may move, second, debate, and vote from the chair. The Presiding Officer may also adjourn a meeting by a simple declaration thereof in the absence of a protest by any Councilmember.

C. Councilmembers to Address Presiding Officer. Every Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and confine himself/herself to the subject matter, item, or motion being currently considered by the Council, avoiding personalities and crude language.

D. Questions to Staff. Every Councilmember desiring to ask questions of city staff shall, after recognition by the Presiding Officer, address his/her question to the City Attorney or the City Manager, who shall be entitled either to answer the inquiry himself/herself or designate a member of the staff for that purpose. On the assumption that Councilmembers have already sought clarification of agenda materials in advance of the meeting pursuant to Chapter 2, Section IV. A of this Manual, Councilmember questions to City staff shall be subject to a twominute time limit per agenda item, not including the time taken for staff response(s).

Statements masquerading as questions may be ruled out of order by the Presiding Officer.

E. Germane Comments/Time Limit for Council. Councilmembers shall limit their comments to the subject matter, item, or motion being currently considered by the Council. A determination of relevance shall be made by the Presiding Officer but may be appealed to the full Council. Councilmembers shall govern themselves as to the length of their comments but generally shall not exceed a total of five (5) minutes per agenda item (not including the two-minute period for Questions to Staff referenced in Section D, above), unless additional time is approved by a majority vote of the Council. The Presiding Officer or the City Clerk, as may be designated by the Presiding Officer, has the responsibility to assist Councilmembers by signaling when the Councilmember has spoken for five (5) minutes. The five-minute time limit may be extended by a majority vote of City Council. No Councilmember shall be allowed to speak more than once on any particular item until every other Councilmember desiring to do so shall have spoken.

Chapter 5
24 F. Interruptions. A Councilmember, once recognized, shall not be interrupted when speaking unless: 1) called to order by the Presiding Officer, 2) a point of order or point of privilege is raised by another Councilmember, 3) the speaker chooses to yield to a question by another Councilmember, or (4) for such other reasons as set forth in Rosenberg’s Rules or this Manual, including, but not limited to, a Councilmember’s right to call the question in order to terminate debate. If a Councilmember while speaking is called to order, he/she shall cease speaking until the question of order is determined; and if interpreted to be in order, may proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

G. Point of Order. When a Councilmember believes a breach of the Council’s parliamentary procedural rules is occurring, he/she may raise a Point of Order to call upon the Presiding Officer to make a determination and enforce the rules of the Council. The Point of Order shall be ruled upon by the Presiding Officer, subject to the right of any Councilmember to appeal the ruling to the City Council through a valid motion. If a motion to appeal the ruling is seconded, the question shall be, "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine the question of order. The motion is debatable, and the Presiding Officer may participate in the debate.

H. Point of Privilege. Any Councilmember can raise a Point of General or Personal Privilege.

1. Point of General Privilege. Appropriate points of general privilege relate to anything that would interfere with the normal comfort of the meeting, such as the temperature of the room or a malfunctioning microphone. If raised, the Presiding Officer would then ask the interrupter to “state your point.”

2. Point of Personal Privilege. The right of a Councilmember to address the council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned or where the welfare of the council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege.

I. Move or Call the Question. Any Councilmember may move to immediately bring the motion/question being debated to a vote, suspending any further debate. Such motion shall not be made in a manner that prevents a Councilmember from voicing an opinion or providing brief, concise, and relevant information with respect to the item being considered. To close off debate pursuant to a Motion to Move or Call the Question, said motion must be seconded and passed by a two-thirds (2/3) vote of those present and voting. The motion is not debatable. If the motion to Move or Call the Question passes, a vote on the motion/question on the floor is taken. If the motion to Move or Call the Question fails, discussion on the motion/question on the floor continues.

Chapter 5
25 J. Motion to Reconsider. A motion to reconsider may be made only by a member who voted in the majority on the original motion. Such a motion may only be made at the same meeting as the original item, and then only to correct inadvertent errors or to consider new information not available at the time of the vote. If the motion to reconsider passes, then the original matter is back before the Council, and the matter may be discussed and debated as if it were on the floor for the first time. After the reconsideration of the item has been acted upon, no other motion for reconsideration thereof will be made without the unanimous consent of the Councilmembers present. Matters that are quasi- judicial in nature or matters that require a noticed public hearing cannot be reconsidered.

K. Failed Motions. Failed motions shall not be brought up at a subsequent meeting unless the Council suspends the rules as provided for in Section II. M, below. However, the effect of such action will not operate to adversely affect individual rights that may have been vested in the interim without notice and an opportunity to be heard having been given to the affected party or parties.

L. Remarks of Councilmembers and Synopsis of Debate. A Councilmember may request through the Presiding Officer the privilege of having an abstract of his/her statements on any subject under consideration by the council entered into the minutes. If the council consents thereto, such statements shall be entered into the minutes.

M. Suspend the Rules. Any of the rules related to parliamentary procedures in this Manual (to the extent not governed by State law, such as Government Code section 36936, the provisions of the Political Reform Act, or the FPPC conflicts of interest regulations) may be suspended by a two-thirds (2/3) majority vote. Such suspension may be moved at any time by a Councilmember.

N. Protest Against Council Action. Any Councilmember dissenting from or stating his/her protest against any action of the council may request to have such dissent or protest entered into the minutes. Such dissent or protest to be entered into the minutes shall be in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons . . ."
O. Seconding of Motions Required. A motion by any Councilmember, including the Presiding Officer, may not be considered by the Council without receiving a second.

P. Other Time Limitations. A time limit of three (3) minutes shall be imposed on Councilmembers when speaking during the “Reports from Councilmembers” portion of the agenda.

Q. Reading of Ordinances. Except when the title of an ordinance has been read and further reading is waived by a regular motion adopted by a majority vote of the Council, all ordinances shall be read in full either at the time of introduction or passage.

Chapter 5
26 R. Voting Rules.

1. Vote Unless Disqualified. All Councilmembers present at a meeting when a question comes up for a vote should vote either for or against the question unless he/she is disqualified from voting by reason of a conflict of interest and abstains because of such disqualification.
(a) A Councilmember stating disqualification will not be counted as a part of a quorum and will be considered absent for the purpose of determining the outcome of a vote on the matter. See Section S, below, for other rules relating to conflicts of interest. (b) Any Councilmember who abstains for reasons other than disqualification, in effect consents that a majority of the quorum may decide the question being voted upon.

Any councilmember so abstaining will be counted as present for purposes of establishing a quorum. Such an abstention will be counted 1) as neither an affirmative vote nor a dissenting vote and 2) as if it did not exist. The “present and voting” rule as described in Rosenberg’s Rules applies.

2. Silence During the Vote. Unless a Councilmember states that he/she is abstaining, silence shall be recorded as an affirmative vote.

3. Call for the Vote. The Presiding Officer or the City Clerk shall call for the vote, which, at the Presiding Officer’s discretion, shall be taken by voice affirmation or roll call unless a recorded (roll call) vote is required by law. According to Government Code section 36936, a recorded majority vote of the total membership of the City Council is required for resolutions, orders for the payment of money, and all ordinances. In addition, some types of resolutions and ordinances may require a supermajority vote. Absent other specific State law requirements, a motion carries with a majority vote of a quorum of the City Council.

4. Tie Votes. Tie votes are failed motions but may be reconsidered at a subsequent meeting upon a motion passed by the Council to reconsider the item at a future meeting. If the matter involves an appeal and an affirmative vote does not occur, the result is that the decision appealed stands as decided by the decision-making person or body from which the appeal was taken.

5. Changing a Vote. A Councilmember may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. Prior to the time that the next item in the order of business is taken up, a Councilmember who publicly announced that he/she will abstain from voting on a particular matter shall not subsequently be allowed to withdraw his/her abstention.

Chapter 5
27 S. Conflict of Interest. Any Councilmember who has a conflict of interest regarding any matter being considered by the Council shall, in compliance with the provisions of the Political Reform Act and other applicable laws, declare the conflict, state the reason for the conflict, and leave the room during the discussion of and vote upon that particular agenda item, unless it is a Consent Calendar item (or the Councilmember is exercising a right to speak as a member of the public regarding an applicable personal interest under the conditions specified in Sections 18707(a)(3)(C) and 18704(d)(2) of the FPPC regulations). If the conflict involves a matter on the Consent Calendar, the Councilmember must announce the nature of the conflict and refrain from participating in the item, but he/she may remain present at the dais.

T. Leaving the Dais. To the extent a Councilmember decides to speak on an item by leaving the dais and speaking from the public podium, such Councilmember will relinquish his/her ability to speak on the same item upon his/her return to the dais.

U. Rules Not Exclusive. The rules set forth in this Chapter are not exclusive and do not limit the inherent power and general legal authority of the Council, or of its Presiding Officer, to govern the conduct of City Council meetings as may be considered appropriate from time to time or in particular circumstances for purposes of orderly and effective conduct of the affairs of the City.

III. PUBLIC PARTICIPATION AND RULES OF DECORUM FOR COUNCIL, PUBLIC, AND STAFF.

A. Public Participation.

1. Manner of Addressing the Council. To facilitate the orderly conduct of meetings, persons wishing to speak during the Public Comment period and at public hearings are requested, but not required, to fill out speaker cards and provide them to any Sheriff’s deputy attending the meeting, or in his/her absence, the City Clerk prior to the start of the meeting or before a public hearing item is announced.
(a) During Public Comment periods, each person desiring to address the Council shall step up to the microphone at the podium and state his/her name (and address if desired) for the record. The speaker shall then specify the agenda item(s) on which he/she wishes to comment; state whether his/her comments pertain to a non-agenda item within the City Council’s subject matter jurisdiction; state whom he/she is representing; and whether he/she is representing an organization or other persons.

Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of an agenda item or items, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.

Chapter 5
28 (b) During Public Hearing items, each person desiring to address the Council shall step up to the microphone at the podium, state his/her name (and address if desired) for the record, state whom he/she is representing, and whether he/she is representing an organization or other persons. Each speaker shall be allotted three (3) minutes in which to comment, unless the Presiding Officer determines that based on the significant nature of a public hearing item, that additional public comment time should be allowed. In such event, the Presiding Officer may grant an extension of public comment time, not to exceed two (2) minutes per speaker. Extensions granted may be appealed through a valid motion and overruled by a majority vote of the Council.
(c) During both Public Comment periods and during Public Hearing items, speakers should not approach the dais unless authorized to do so by the Presiding Officer. All remarks shall be addressed to the Council as a whole and not to any member thereof.

No questions shall be asked of a Councilmember, a member of the City staff, or member of the audience without permission of the Presiding Officer. No person shall address the Council without first being recognized by the Presiding Officer. (d) During Public Comment periods members of the public may ask questions related to agenda items. However, in order to ensure compliance with the Brown Act the City Council is not required to answer such questions since depending on the nature of the questions, the issues raised may be beyond the scope of the subject matter of the agenda items. Nevertheless, in accordance with Government Code Section 54954.2 (a)3, the Presiding Officer may briefly respond or have staff respond to statements made or questions asked or may request that staff report back to the Council at a subsequent meeting concerning any matter raised by the public. (e) During public comment periods and irrespective of the subject or viewpoint to be expressed, no speaker shall be permitted to show a video, make a PowerPoint presentation, or otherwise utilize any other form of electronic visual display technology requiring advanced set up and/or the use of projectors or other specialized equipment. Such controls are intended to help all speakers maximize their time when addressing the City Council, instead of dealing with potentially timeconsuming setup or technical difficulties.

2. Spokesperson for Group of Persons. To expedite matters and avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter or item, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council; and in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council. In situations where more than ten (10) people wish to speak on an item, the Presiding Officer may place reasonable limits on the Public Comment period, including reducing the time allotted to each speaker to one (1) or two (2) minutes and/or a specific time limit for the total presentation (typically not to exceed Chapter 5
29 twenty (20) minutes). Such time limits shall allow for full discussion of the item by interested parties or their representative(s). The purpose for any limitation described in this section is to ensure the Council can address its agenda, avoid repetitive comments and presentations, and conduct business in an orderly and efficient fashion.

3. After a Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first getting permission to do so by a majority vote of the City Council.

B. Rules of Decorum for Council, Public, and Staff. Meetings of the City Council shall be conducted in an orderly manner to ensure that the public has a full opportunity to be heard and that the deliberative process of the Council is preserved at all times. The Presiding Officer of the Council shall be responsible for maintaining the order and decorum of meetings. While any meeting of the City Council is in session, the following rules of order and decorum shall be observed:

1. Councilmembers. While the Council is in session, Councilmembers must lend themselves to order and decorum. They shall neither by conversation or otherwise 1) delay or interrupt the proceedings or the peace of the Council, 2) disturb any Councilmember while he/she is speaking or, 3) refuse to obey the orders of the Presiding Officer. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.
(a) English Language. The business of the City Council shall be conducted in English except to the extent such that a Councilmember wishes to speak as a member of the public, either in the Public Comment period or on an item listed in the Appeal and/or Public Hearings sections of the agenda.
(b) E-Communication Prohibited. Except as specified in subdivision (b), below, Councilmembers shall not use E-Communication at any time during any meeting, including, but not limited to, Open and Closed Sessions of the City Council. The use of E-communication is prohibited during Council meetings so that Councilmembers may remain attentive to members of the public, staff, or others as they are speaking to the City Council. E-Communication, which includes blogging, is defined as “electronic text, audio or visual communication, and attachments distributed via email, telephonic service, websites, instant messaging, text messaging, Twitter, Facebook, Snapchat, Instagram, or comparable services.” City Councilmembers will not utilize the internet during Council meetings. Outside of City Council meetings, Councilmembers should not communicate via E-Communications with more than one other member of the City Council on any issue regarding City business. (c) Exceptions for Emergencies. The limitation specified in subdivision (a), above, shall not apply to the receipt of telephone calls or text messages from family members in Chapter 5
30 the event of an urgent family matter. Councilmembers wishing to respond to such a message during the meeting shall do so in a manner that does not disrupt the meeting.

Responses to urgent matters may occur during a recess or after having been excused from the meeting by the Presiding Officer.
(d) Recording or Live Streaming. Councilmembers shall not video record or live stream meetings while sitting at or standing behind the dais in such a manner that obstructs the view of or results in a persistent disruption of other Councilmembers’ ability to participate in the meeting. To the extent a Councilmember wishes to record or live stream a meeting while sitting at or standing behind the dais, such Councilmember shall further ensure that he/she is not recording in a manner that intrudes into the personal space of other Councilmembers or the City Attorney (within twenty-four inches of the person); in a manner that records notes made by Councilmembers during meetings (which necessarily invades the Mental Processes and/or Legislative Privileges protecting legislators’ uncommunicated motivations for making a policy or decision); or in a manner that displays the protected work product of the City Attorney.
(e) Leaving Seats. Councilmembers shall not leave their seats during a meeting without first obtaining the permission of the Presiding Officer. (f) Packing of Audience. It is inappropriate for a Councilmember to pack the audience for a specific agenda item.

2. City Staff Members. City staff members and employees shall observe the same rules of order and decorum as are applicable to the City Council, with the exception that City staff members and employees may leave their seats during a meeting without first obtaining the permission of the Presiding Officer.

3. Persons Addressing the Council. The primary purpose of Public Comment periods at City Council meetings is to allow citizens the opportunity to formally communicate with the City Council as a whole, but these comment periods should not be utilized as a substitute for handling any matter during the normal working hours of the city government. Each person who addresses the Council shall do so in an orderly manner and shall not make personal, impertinent, slanderous, or profane remarks to any member of the Council, City staff, or the general public. Any person who makes such remarks or who utters loud, threatening, personal, or abusive language, or who engages in any other disorderly conduct that disturbs, disrupts, or otherwise impedes the orderly conduct of any Council meeting shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

4. Members of the Audience. No person in the audience at a Council meeting shall engage Chapter 5
31 in disorderly or boisterous conduct, including the utterance of loud, threatening, or abusive language; whistling; stamping of feet; excessive clapping; or other acts that disturb, disrupt, or otherwise impede the orderly conduct of any Council meeting. Any person who conducts himself/herself in the aforementioned manner shall, at the discretion of the Presiding Officer or a majority of the Council, be barred from further audience before the Council during that meeting. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

C. Enforcement of Decorum. The rules of decorum set forth above shall be enforced in the following manner

1. Warning. The Presiding Officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the Presiding Officer, a person persists in disrupting the meeting, the Presiding Officer shall order such person to leave the Council meeting. If such person does not remove himself or herself, the Presiding Officer may order any law enforcement officer who is on duty at the meeting as sergeant-at-arms of the Council to remove that person from the Council chambers.

2. Removal. Any law enforcement officer who is serving as sergeant-at-arms of the Council shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meeting. Upon instruction of the Presiding Officer, it shall be the duty of the sergeant-at-arms to remove from the Council meeting any person who is disrupting the proceedings of the Council.

3. Motion to Enforce. If the Presiding Officer of the Council fails to enforce the rules set forth above, any member of the Council may move to require him or her to do so, and an affirmative vote of a majority of the Council shall require him or her to do so. If the Presiding Officer of the Council fails to carry out the will of a majority of the Council, the majority may designate another member of the Council to act as Presiding Officer for the limited purpose of enforcing any rule of this section it wishes to enforce.

4. Adjournment or Recess. If a meeting of the Council is disturbed or disrupted in such a manner as to make infeasible or improbable the restoration of order, the meeting may be temporarily recessed, adjourned, or continued by the Presiding Officer or a majority of the Council, and any remaining Council business may be considered after the recess or at the adjourned or next meeting.

Chapter 6
32 CHAPTER 6 - ADMINISTRATIVE MATTERS
I. ADMINISTRATIVE SUPPORT
General staff and administrative support to members of the City Council is provided through the City Manager’s Office. Administrative services, including the scheduling of appointments, receipt of telephone messages, and word processing, are available as needed. Sensitivity to the workload of support staff members in the City Manager’s Office is appreciated. Please note that individuals may have other work assigned with high priority. Councilmembers shall not make demands of the City Manager, City Attorney, or City Employees that communicate a desire for or an expectation of special treatment. In no event shall Councilmembers request administrative support to further personal or campaign/political purposes
II. MAIL, DELIVERIES, AND E-MAIL
A. Correspondence from the Public. The City encourages the public to send correspondence to the entire City Council, either by traditional post or by e-mail. Correspondence addressed to the City Council that is received by the City Clerk or by any other officer or employee of the City shall be deemed a public record upon receipt, except as set forth in the Public Records Act (California Government Code § 6250 et seq.) or other applicable law.

1. Authority of City Clerk. The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and give it immediate attention to the end that all administrative business referred to in said communication not necessarily requiring Council action may be acted upon between Council meetings. (a) Members of the City Council receive a large volume of mail and other materials from the public and staff. The City Clerk maintains an office mailbox for each member into which written correspondence shall be placed. Councilmembers must check their mailbox frequently.
(b) The City Clerk may provide for a city courier to deliver materials to the homes of Councilmembers when materials are time sensitive.

2. Councilmember Responsibilities. If correspondence is received directly by a Councilmember without the City Clerk having opened and examined same, the Councilmember shall be responsible for providing to the City Clerk the correspondence that is required to be included with agenda materials, as set forth in the Brown Act. All such communications shall be deemed a public record upon receipt, except as set forth in the Public Records Act or other applicable law.

B. City-Issued E-mail Address. Each Councilmember is provided with a City of Victorville domain e-mail address for City-related business purposes and to receive e-mail from constituents, Chapter 6
33 other members of the public, government agencies, etc.

1. Status as Public Record. Pursuant to the Public Records Act, any e-mail sent or received by Councilmembers using the City-issued domain e-mail address may constitute a public record and be disclosable upon the City’s receipt of a Public Records Act request.

2. Privacy Limited. Councilmembers have no reasonable expectation of privacy in any e-mail correspondence received by them at their City of Victorville domain e-mail address C. Communications Using Non-City Accounts/Devices. Messages or communications received by Councilmembers on their personal electronic devices or personal e-mail accounts concerning City business may also be subject to disclosure under the Public Records Act.

Additional rules are set forth in Section IV, below
D. Other Rules Relating to Correspondence. Any written correspondence or other materials, when distributed to all, or a majority of all of the members of the City Council by any person in connection with a matter subject to discussion or consideration at a public meeting, are disclosable public records under the California Public Records Act and shall be made available upon request without delay. Writings that are public records and that are distributed during a public meeting shall be made available for public inspection at the time of the meeting if prepared by City staff or a member of the City Council, or after the meeting if prepared by some other person. All writings referenced herein shall be provided to and documented with a received/filed date by the City Clerk
III. CITY-ISSUED EQUIPMENT.

A. Equipment Provided. To enhance Councilmembers’ ability to communicate with staff and the public, city-purchased equipment, such as computers and cell phones, can be provided upon request. Access to the City’s fax machines and e-mail system is also available B. Limitations on Use.

1. Brown Act Considerations. The use of technological devices to communicate with a majority of other Councilmembers on any official action to be taken falls within the provisions of the Brown Act. Technological devices include, but are not limited to, phones, faxes, computer e-mail, public access cable TV, and video. Use of such devices to pass information for the purpose of developing concurrence on action to be taken outside of a public meeting is prohibited

2. Other Prohibitions. Personal use of City-issued equipment is prohibited in accordance with Government Code section 8314, except for such minimal and incidental use as specified therein.

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34 IV. USE OF PERSONAL ACCOUNTS AND PERSONAL ELECTRONIC DEVICES FOR CITY BUSINESS A. Status as Public Records. Text messages, emails, and other electronic communications that deal in some substantive manner with the conduct of City business created on, stored on, and/or transmitted by personal accounts or personal electronic devices may be subject to disclosure under the Public Records Act
B. Limitations and Rules on Use. To the extent feasible, City-issued email accounts and electronic devices shall be used to conduct City business. Limited use of a private device or account for public business by Councilmembers is permissible but discouraged. The following rules must be observed

1. Urge Use of City Electronic Devices/Accounts. Councilmembers shall request persons sending electronic communications regarding City business to a personal account or device to instead utilize the City of Victorville domain e-mail address, City-issued cell phone number, or other official City electronic messaging account provided to the Councilmember

2. When Communications Received on Personal Accounts/Devices. If Councilmembers receive electronic messages regarding City business on their personal electronic messaging account or device, or circumstances require them to conduct City business on a personal account or device, Councilmembers should either (a) copy (“cc") any communication on his/her personal electronic messaging account or device to his/her City electronic messaging account, or (b) forward the electronic communication to his/her City account as soon as feasible after the original creation or transmission of the electronic communication.

C. Compliance and Additional Policies. The City Council shall comply with the above provisions and any additional administrative policies the Council adopts for City-wide application regarding procedures to be followed with respect to communications received on personal accounts and devices when Public Records Act requests are made.

Chapter 7
35 CHAPTER 7 - RELATIONSHIP AND CONDUCT.

I. RELATIONSHIP AND CONDUCT WITH CITY MANAGER
A. Council-Manager Form of Government. The City has adopted a Council-manager form of government. This structure reflects the City Council’s role to establish City policy and priorities. The Council appoints a City Manager to implement this policy and undertake the administration of the organization. The City Council must work through the City Manager in dealing with City staff
B. The City Council and City Manager Work as a Team. The City Council establishes policies for the overall operation of the City. The City Manager is appointed by the City Council to enforce its laws, to direct the daily operations of City government, to prepare and monitor the municipal budget, and to implement the policies and programs initiated by the City Council.

The City Manager is expected to adhere to the International City/County Management Association (ICMA) Code of Ethics, and the City Council must recognize said Code of Ethics when dealing with the City Manager. The City Manager is responsible to the City Council rather than to individual Councilmembers and directs and coordinates the various departments
C. Productive Relationship Requirements. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the chief executive officer of the City. To facilitate a productive work relationship with the City Manager, the City Council and/or individual members shall do each of the following:

1. Except for the purpose of requesting information or assistance, deal with the administrative service under the City Manager solely through the City Manager as indicated in Section 2.04.210 of the Victorville Municipal Code. Neither the City Council nor any member shall give orders to, command the services of, or assign work to any subordinates of the City Manager, either publicly or privately. Alternately, contact may be made directly with Senior Management, as long as a copy of communication is forwarded to the City Manager. Senior Management shall inform the City Manager of all Councilmember contact.

2. Direct the City Manager to implement the Council’s policy decisions through the administrative functions of the City.

3. Treat City staff professionally, and refrain from publicly criticizing or belittling individual employees. Personnel issues are managed through established channels and procedures.

4. Avoid involvement in personnel issues related to City-Council-appointed staff, i.e., the City Manager and City Attorney, except during City Council Closed Sessions, when issues of hiring, firing, promoting, disciplining, etc., may be addressed appropriately.

Chapter 7
36 5. Discuss directly with the City Manager any displeasure with a department or staff member

6. Refer complaints to the City Manager for further processing. Staff shall be given adequate time to investigate and respond to such complaints

7. Receive from the City Manager timely information regarding unusual events that the public would be concerned about; e.g., anyone wounded by gunfire, an area cordoned off by police or fire, a significant event, etc

8. Avoid communicating with persons or parties in litigation with the City (or any of the entities for which the City Council sits ex-officio as the governing board as noted in Chapter 2, Section IV.D.2 of this Manual) in a manner that compromises the City’s or other entity’s position in such litigation.

9. Include the City Manager in follow-up meetings where a Councilmember has first met with an individual or company representative regarding official business of the City II. RELATIONSHIP AND CONDUCT WITH CITY ATTORNEY
A. Legal Advisor to the City. In all matters, the City Attorney represents the City and is the legal advisor to the City Council, the City Manager, the City Clerk, Senior Management, and department heads. The general legal responsibilities of the City Attorney are to provide legal assistance necessary for formulation and implementation of legislative policies and projects; to represent the City’s interest, as determined by the City Council, in litigation, Administrative hearings, negotiations, and similar proceeding to prepare and/or review and approve ordinances, resolutions, contracts, and other legal documents to best reflect and implement the purposes for which they are prepared; and to keep the City Council and staff apprised of court rulings and legislation affecting the legal interest of the City.

B. Does Not Represent Individual Councilmembers or Staff. It is of the utmost importance to understand that the City Attorney does not represent individual members of Council, but the City and the City Council as a whole.

III. RELATIONSHIP AND CONDUCT WITH CITY CLERK
A. The City Clerk performs statutorily mandated duties and such tasks as may be assigned by the City Council and/or the City Manager. The general responsibilities of the City Clerk are:

1. to serve as the Elections Official of the City;

2. to protect and preserve the legislative record of the City Council and other various records;

3. to facilitate delivery of records consistent with the provisions of the Public Records Act;

4. to receive filings on behalf of the City;
Chapter 7
37 5. to facilitate the preparation, duplication, preservation, and delivery of Council agenda materials; and

6. to advise City departments about best practices for records management.

IV. RELATIONSHIP AND CONDUCT WITH STAFF
A. General considerations. Governance of a city relies on the cooperative efforts of elected officials, who set policy and priorities, and City staff, who analyze problems and issues; make recommendations; and implement and administer the City Council’s policies. To ensure the proper functioning of these cooperative efforts, Councilmembers must avoid intrusion into those areas that are the responsibility of staff. This is necessary to protect staff from undue influence and pressure from individual Councilmembers and to allow staff to execute priorities given by management and the Council as a whole B. Cooperation. Individual Councilmembers, as well as the Council as whole, shall receive the full cooperation and candor of staff in being provided with any requested information.

Requests of the City Attorney‘s office are to be submitted directly to the City Attorney.

All other requests of staff are to be submitted through the City Manager’s office C. Issues of Pressure or Influence. Individual City Councilmembers shall not make attempts to pressure or influence staff decisions, recommendations, workloads, schedules, and department priorities without the prior knowledge and approval of the Council as a whole.

1. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedule, and priorities of staff, that member must prevail upon a majority of the Council at an open meeting to do so as a matter of Council policy.

2. The City Council recognizes the primary functions of staff are in executing Council policy and actions taken by the Council as a body and in keeping the Council informed.

3. Staff is directed to reject any attempt by individual members of the Council to unduly direct or otherwise pressure them into making, changing, or influencing recommendations or business decisions in any manner.

V. REQUESTS FOR RESEARCH OR INFORMATION
A. General Considerations. Councilmembers should generally inform the City Manager prior to communicating directly with any employee below the Senior Management level. A Councilmember may request directly from department heads answers to routine questions or information on a given topic when it will require little or no research and have little or no impact to City operations. The Councilmember should also advise the City Manager of this request. City staff shall inform the City Manager of all Council contact.

Chapter 7
38 B. Responses to Requests. Requests made by individual Councilmembers for information or assistance shall be for the sole purpose of fulfilling his/her responsibilities as delineated throughout this Manual and not for any private or personal interest. Requests will be addressed as quickly as possible under the circumstances at the time, providing that in the judgment of the City Manager (or the City Attorney depending on the nature of the request) the request is not of a magnitude, either in terms of workload or policy, that would require more than thirty (30) minutes of time in which to respond or is of such a nature that it would be more appropriately assigned to staff through the collective direction of the City Council. If the individual Councilmember request goes beyond these parameters, or in the judgment of the City Manager, is not within the scope of City policies or business, the City Manager will bring the request to the full Council for consideration. The method by which responses are delivered to Councilmembers shall comport with the City’s routine business practice.

C. Policy-Related Requests. All Council requests dealing with policy and such other requests that may be construed as direction shall be directed to the City Manager, except for routine general inquiries or questions that will not disrupt city operations, in which case, Councilmembers may approach Senior Management with their requests. Councilmembers may also contact the City Attorney or City Clerk.

D. Funding Requests. Any request from City Council requiring funding must be addressed with the City Manager. The City Manager shall respond in a timely manner.

E. Written Requests Preferable. To assist the City Manager, requests for information are best tracked if submitted in writing, either in memorandum form or through e-mail. And to ensure proper responsiveness, Councilmembers are asked to copy both the department head and the City Manager on all correspondence with staff.

F. Access to Certain Information Restricted. There are certain restrictions when information cannot be provided. Draft documents (e.g., staff reports in progress, administrative draft EIRs) under review are not available for release until complete and after review by City management. In addition, there are legal restrictions on the City’s ability to release certain personnel information even to members of the City Council. Certain aspects of Police Department affairs, such as access to restricted or confidential information related to crimes, may not be available to members of the City Council.

G. Dissemination of Information. In cases when a staff response to an individual Councilmember request involves written materials that may be of interest to other Councilmembers, the City Manager will provide copies of the material to all other Councilmembers. In making this judgment, the City Manager will consider whether the information is significant, new, otherwise not available to the Council, or of interest to the Council.

H. Disclosure of Information. No Councilmember may, without prior formal authorization of the City Council, disclose any confidential information concerning any other official or employee, or any other person, or any property, or governmental affairs of the City. Whether or not Chapter 7
39 such information is allowed to be disclosed, no Councilmember may use or permit the use of any such confidential information to advance the financial or personal interest of himself/herself or any other person. For the purposes hereof, “confidential information” shall mean information that is not generally known in the public and/or is not subject to disclosure under the California Public Records Act or other applicable law. Some examples of confidential information include attorney-client privileged communication, attorney-client work product, personnel, medical, or similar information—the disclosure of which would constitute an unwarranted invasion of privacy. (Govt. Code § 6250 et seq.) Chapter 8
40 CHAPTER 8 - COMMUNICATION AND REPRESENTATION
I. REPRESENTING MAJORITY VS. INDIVIDUAL OPINION
A. Dual Roles of Councilmembers. A person elected to the City Council plays two roles: a member of a body elected to represent the City in its entirety and a private resident of the City. The second role is not relinquished when the first role is assumed. It is important to distinguish between the two roles at all times and to conduct business in one role separately from the other. The elected Councilmember retains the right to speak as an individual, not as a member of the City Council, but must make this distinction very clear when he/she does speak on his/her own behalf and not as a member of the City Council. This is because when the Council acts, it acts as a whole, not as a group of individuals.

B. General Policy Considerations. An important role of a Councilmember is communication— communication with the public to assess community opinions and needs, communication with staff to provide policy direction, and communication to gain an understanding of the implications of various policy alternatives. Because the City Council acts as a body (that is, acting based on the will of the majority as opposed to individuals), it is important that general guidelines be understood when speaking for the Council. Equally important, when members express personal views and not those of the Council, the public must be so advised.

II. CORRESPONDENCE FROM COUNCILMEMBERS
A. Stationery Use and Related Guidelines.

1. Use of City Letterhead. City letterhead shall be used by the Mayor, Mayor Pro Tem, and City Council only for official City business, communication of adopted City policies and positions, and any related communications. All Councilmembers should be copied on correspondence signed by the Mayor or other Councilmember. Use of City letterhead and/or title on personal matters (those not related to official city business) is not permitted.

2. Personal Stationery. Personal stationery without a City Logo shall be used by any member of the City Council to communicate individual positions, conduct personal correspondence, or communicate positions that may be in opposition to established City Council positions or decisions. Personal stationery shall be printed at the expense of the individual Councilmember, and the aforementioned types of communications shall be mailed at the individual Councilmember’s expense.

3. Correspondence Public Record. All Councilmember correspondence created using City resources, including, but not limited to, City letterhead, postage, envelopes, or staff time, are public records and shall be copied to the full Council, the City Manager, the City Attorney, and the City Clerk.

Chapter 8
41 4. Permission Required. Whenever a Councilmember other than the Mayor wishes to write a letter on City letterhead, he/she should inform the Council (in writing or verbally at an open meeting) what the letter is about and seek Council approval that the letter may be written on City letterhead. Such letters shall only pertain to official City business.

B. Prohibitions on Use of Public Resources for Personal or /Campaign Purposes.

1. Letterhead and Staff. City letterhead and staff support cannot be utilized for personal or political purposes. Any use of the City’s logo, flag, seal, slogan, or name shall further be subject to the provisions of Chapter 1.06 of the Victorville Municipal Code and applicable State laws. The use of the City Seal, logo, or other insignia on personal matters and correspondence is not permitted.

2. Council Chambers and Staff Photos. The City Council Chamber cannot be used as a location for taking campaign photos or engaging in any form of campaign activity. Any violations of this prohibition may be reported to the Fair Political Practice Commission and any other enforcement agencies, and may further result in reprimand or censure, as provided in Chapter 10. The use of photos with current City staff and City Council candidates in election materials is prohibited.

III. SPEAKING FOR “THE CITY”
A. Issue Position Statements. When members are requested to speak to groups or are asked the Council’s position on an issue, the response should reflect the position of the Council as a whole taken in open session. It is permissible, however, for a Councilmember to clarify his/her vote on a matter by stating: “While I voted against ‘X,’ the City Council voted in support of it.” When representing the City at meetings or other venues, it is essential that those in attendance gain an understanding of the City Council’s position rather than that of an individual member.

B. Communication of Council Policy. The Mayor and individual Councilmembers are not authorized to speak on behalf of the City or the City Council with regard to City or City Council policy or positions, except when such policy or position has been clearly established or when the Mayor or Councilmember has been designated by the City Council as a spokesperson on a given subject.

C. Supporting State or Federal Legislation. The City Council may be requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of Victorville or its residents as a whole. If the subject matter does not relate directly to City business or to local residents, then the City or City Council can decline to take a position. If the legislation could be expected to affect the City or its residents, then the City Council may elect to take a position. All correspondence articulating the City’s position on state and federal legislation shall be handled in a manner consistent with the City Chapter 8
42 Council’s adopted goals and policies.

D. Press Releases. All press releases pertaining to the City Council shall be issued on City letterhead on behalf of the entire City Council. No press releases pertaining to the City Council or City shall be released by individual members of the City Council without prior authorization from the City Council acting at a Council meeting. The City Manager and his/her designated staff are authorized to issue press releases pertaining to City activities and events of public importance as he/she determines necessary and appropriate to keep the public informed. All final press releases shall immediately be distributed to the City Council.

E. Representation at Ceremonial Functions.

1. City Sponsored Events. The Mayor, or Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions organized by the City. The Mayor or Mayor Pro Tem may, at his/her own discretion, ask another Councilmember to represent the Council at that function when neither is available. Staff shall also include any Councilmember who has promoted a project or event in any program or agenda in such a function.

2. Non-City Sponsored Events. As a general rule, the Mayor, or the Mayor Pro Tem in his/her absence, shall represent the Council at ceremonial functions not organized by the City upon receipt of an invitation from the sponsor of such event. If neither the Mayor nor the Mayor Pro Tem is available to attend a non-City sponsored event, he/she may designate a replacement. Nothing in this provision is meant to preclude a Councilmember from representing the Council at a ceremonial function where the event organizer has requested that a specific Councilmember attend the function.

F. Appearances before Agencies and Organizations. If a member of the City Council appears before another governmental agency or organization to give a statement on an issue affecting the City, the Councilmember should first indicate the majority position and opinion of the Council. Personal opinions and comments may be expressed only if the Councilmember clarifies that these statements do not represent the position of the City Council.

G. Participation in Community Activities. From time to time, Councilmembers may choose to participate in community activities, committees, events, and task forces. When a Councilmember participates in these types of activities, the Councilmember is acting as an interested party rather than acting on behalf of the City Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Councilmember as its representative for the matter.

H. Name Badges. The City issues name badges to all City Councilmembers, the City Manager, the City Clerk, Senior Management, department heads, City Planning Commissioners, City advisory committee members, and other City staff as deemed appropriate by the City Council.

1. Official Use Only. It is not permissible for any City Councilmember or any of the personnel Chapter 8
43 listed in Section G, above, to use his/her badge for any purpose except as reasonably necessary for identification when acting in their official capacities.

3. Fraudulent Use Prohibited. It is not permissible for any person to wear, exhibit, or use a badge with the intent of fraudulently impersonating a City official or of fraudulently inducing the belief that the person is a City official at the time the badge is worn, displayed, or used.

I. Business Cards. City Councilmembers will be provided with City Manager approved business cards in increments of 500. No more than one order will be processed within a 12-month period unless approved in advance by the City Manager. City business cards may not be used for personal or financial gain, for obtaining privileges not otherwise available to a Councilmember, or for soliciting political contributions. Councilmembers are prohibited from using any other form of non-approved business cards that contain the City logo, the City seal, the City flag, or the City slogan.

IV. CITY COUNCIL SPENDING AND REIMBURSEMENT POLICY
A. Effect of CP-12-01. Except as specified otherwise in this Section, the provisions of the Expense Reimbursement Policy set forth in Council Policy No. CP-12-01, or any amendment(s) to or successor Council Policy adopted in lieu thereof (“CP-12-01”) shall apply to all City Councilmembers. The provisions of Council Policy Nos. CP-93-5 and CP-73-3, to the extent currently in effect, are completely superseded by this Section.

B. Events and Covered Expenses. As long as all other requirements of this Section IV are also met, covered expenses (as that term is used in CP-12-01) incurred by City Councilmembers constitute reimbursable expenses when they engage and/or participate in the following activities and/or events (“Events”):

1. Communicate with representatives of regional, state, and national government and their various agencies and entities on City-adopted or authorized policy positions.

2. Attend educational seminars designed to improve Councilmembers’ skill and information levels.

3. Participate in regional, state, and national organizations, e.g., California League of Cities or National League of Cities, whose activities affect the city’s interests.

4. Attend City-sponsored events.

5. Travel out-of-state or internationally for the above purposes.

C. Advance City Council Approval of Expenditures for Events. Prior to making travel, transportation, and/or lodging arrangements for any Event for which a Councilmember Chapter 8
44 wishes to be reimbursed by the City, the Councilmember must have the Event and the expenditure approved. Requests for travel and meeting expense reimbursements or Citypaid travel and meetings for any Event(s) will require the advance approval of the City Council at a regularly-scheduled Council Meeting under an agendized item requesting such approval.

The foregoing requirement for approval of travel expenses shall not apply when the City Councilmember is traveling in connection with his/her required attendance at meetings of legislative bodies of outside agencies to which the Councilmember has been appointed to serve as a City representative or alternate pursuant to Chapter 9, Section IV of this Manual.

D. Meeting Reporting Requirement. Councilmembers shall provide a brief report on any meeting or event attended at the expense of the City at the next regular meeting of the Council. If multiple Councilmembers attended the same event, a joint report may be made.

E. Additional Spending and Reimbursement Rules.

1. Spending Tracked. The City Manager’s Office will keep an individual spending and reimbursement record for each Councilmember for the period of July 1 to June 30 of each year.

2. Intrastate/International Travel. No travel outside the state or the country is permitted without advance approval of the City Council, who shall make such decision at a Council Meeting under an agendized item requesting such approval.

3. Travel Arrangements. Hotel and travel accommodations may be made by City staff or the Councilmember. Councilmembers shall use best efforts to seek the most reasonable, cost-effective manner of travel and/or accommodations, keeping in mind that such travel and/or accommodations are being provided at the expense of the taxpayers.

F. Expense Reports Required. In order to receive expense reimbursements, Councilmembers shall complete and submit to the City Manager’s Office a Travel and Expense Reimbursement Form and Report (“Expense Report”) within a reasonable time after incurring the expense, but in no event, shall it be later than 30 days thereafter. The following rules shall also apply:

1. Each Expense Report shall be accompanied by all receipts documenting each expense with proof of the advance approval obtained from the City Council (or the City Manager, as applicable).

2. The Councilmember shall verify that the expenses for which reimbursement is sought were incurred on behalf of the City in the performance of official duties and otherwise meet the requirements of this Section IV.

3. All documents related to reimbursable expenditures, including, but not limited to, the Expense Report and actual receipts, are public records subject to disclosure under the Chapter 8
45 Public Records Act. Any personal information, e.g., credit card numbers, contained on any receipts may be redacted before publicly releasing such records.

G. City Manager Authority. The City Manager has the authority to determine the reasonableness of an expense and, as such, may disallow it for reimbursement. A request for reimbursement that has been disallowed by the City Manager may be appealed to the City Council who will make its decision at a regularly scheduled City Council Meeting under an agendized item requesting such appeal. The decision of the City Council shall be final.

V. GUIDELINES AND PROCEDURES FOR CEREMONIAL RECOGNITION ITEMS A. General. The City of Victorville regularly receives requests from individuals and organizations for various ceremonial recognition items. These items can range from a simple Letter or Certificate of Recognition to a plaque commemorating a special occasion or event.

B. Need for Guidelines. Ceremonial recognition items are intended to be gestures of high esteem and if provided too freely, could lose significance to the point of becoming meaningless. Therefore, these Guidelines and Procedures for issuance of Ceremonial Recognition Items will be adhered to when such requests are received.

C. Jurisdictional Limitations. Ceremonial recognition items shall only be presented to businesses, organizations, and individuals located, providing services, or residing in the City of Victorville. All other requests will be denied, and the requesting party shall be referred to the appropriate jurisdiction.

1. Certificates of Recognition in Presentation Folders. Certificates of Recognition in Presentation Folders are intended to commend and recognize businesses located in the City of Victorville during small-scale ribbon cuttings, grand openings, and open house events. They are only to be presented at a Council meeting or other event where the Mayor or his/her designee will be in attendance to present the certificate.

2. Letters of Recognition/Congratulations. Letters of Recognition/Congratulations are intended to commend and recognize the following:
(a) Major achievements, such as the Eagle Scout Award and Girl Scout Gold Award. (b) Milestone events, such as the anniversary of an organization, wedding anniversaries of 50 or more years, or, at the Mayor’s discretion, other life milestones, such as birthdays.

3. Framed Certificates of Recognition. Framed Certificates of Recognition are intended to commend and recognize the following:
(a) Exceptional contributions to the City of Victorville by a community organization, business, or individual; and
Chapter 8
46 (b) Large scale ribbon cuttings, grand openings, anniversaries, and open house events for businesses located in the City of Victorville.

Framed certificates of recognition are only to be presented at a Council meeting or other event where the Mayor or his/her designee will be in attendance to present the certificate.

4. Plaques.
(a) Plaques shall only be prepared for presentation to prominent businesses and/or organizations that have made a significant contribution to the City of Victorville and its residents.
(b) Plaques may also be prepared for presentation to certain individuals who have acted with distinction in carrying out their duties or who have taken extraordinary actions that further the best interests of the City of Victorville and its residents. (c) Plaques shall be presented by the Mayor or his/her designee only. (d) The presentation of plaques will only be made in conjunction with an event or in a business meeting held in the City of Victorville where the business/organization/individual can be formally acknowledged by the Mayor or his/her designee.

5. Proclamations. Proclamations are ceremonial documents signed by the Mayor for (a) public awareness,
(b) charitable fundraising campaigns, and
(c) arts and cultural celebrations.

Proclamations will not be issued to or for any of the following:
(a) Individuals. Proclamations must affect a broad group of people. (b) Matters of political controversy, ideological or religious beliefs, or individual convictions.
(c) Events or organizations with no direct relationship to the City of Victorville. (d) Campaigns or events contrary to policies of the City of Victorville.

D. Additional Information Related to Ceremonial Recognition Items.

1. All requests will be submitted to the Mayor at a weekly internal review meeting.

2. The Mayor reserves the right to modify or deny any requests.

3. The Mayor reserves the right to determine the type of recognition to be issued based on the information provided by the requesting party.

4. Only one official, signed copy of any form of recognition will be issued per individual or organization per calendar year.

5. Ceremonial recognition items will not be e-mailed, mailed, or faxed.

Chapter 8
47 6. Ceremonial recognition items are not automatically reissued every year. No announcements should be made regarding any recognition items until official confirmation has been received from the Mayor's office.

E. Procedure for Requesting Ceremonial Recognition Items.

1. All requests MUST be directly related to an event for a business, organization, or individual located, providing services, or residing in the City of Victorville.

2. All requests must be submitted in writing to the City Clerk's office at least seven business days prior to the date the document is needed. There are no exceptions to this requirement unless specifically waived by the Mayor.

3. Each request must include the following:
(a) The contact person's first and last name, address, e-mail address, and telephone number.
(b) The name of the individual who will be accepting the presentation if different from the contact person's name.
(c) A brief summary and/or background of the event, organization, or individual to be recognized and the reason why such recognition is being requested. (d) The date the item is needed.
(e) The date, time, and location of the event if the ceremonial recognition item is to be presented at an event.

Chapter 9
48 CHAPTER 9 - COMMISSIONS, COMMITTEES, AND BOARDS
I. PURPOSE AND GENERAL CONSIDERATIONS
A. Role of City Commissions, Committees, and Boards. Most commissions, committees, and boards established by the City Council are advisory to the City Council. The role of all such commission, committee, or board is to make recommendations to the City Council on matters affecting the City of Victorville. Except as otherwise provided in State or local law, commissions and committees have no independent role separate and apart from their role as advisory to the City Council. Commissions, committees, and boards have no authority to appropriate funds or make policy except as otherwise approved by the City Council.

B. Nomination and Confirmation. On or before December 31st of each year, the City Clerk (or such other staff as the Council may designate) shall prepare and provide to the City Council an appointments list of all regular and ongoing boards, commissions, and committees appointed by the Council and the terms of the members of such boards, committees, and commissions that will expire during the next calendar year. At such time, or as soon thereafter as possible, the Presiding Officer shall ask each Councilmember whether he/she wishes to nominate new individuals or re-affirm his/her existing appointment (if applicable) to the various City committees and commissions (e.g., the City Legislative Review Committee and the Planning Commission). Such nominations and/or reaffirmations of existing appointments must be confirmed by a majority vote of the City Council. To the extent a Councilmember’s nominee for a specific committee or commission does not obtain the majority vote of the City Council, such Councilmember will be given the opportunity to nominate up to three (3) other individuals, either at the same meeting or at subsequent meetings. In the event a Councilmember’s subsequent three (3) nominees are not confirmed by a majority vote of the Council, then the City Council by majority may appoint a replacement committee or commission member or provide that the existing committee or commission member shall retain such appointment for the balance of the Councilmember’s term. Unscheduled vacancies shall be filled in accordance with Government Code section 54974. Except as may be terminated by a majority vote of the City Council, such appointments shall be coterminous with the appointing Councilmember’s term of office.

C. Instruction and Training. The Council shall ensure that all members of City committees and commissions are properly instructed on their responsibilities, direction, and performance expectations. Such City committees and commissions shall also be required to follow the applicable provisions of Resolution No. 13-049 and any amendments or successor resolutions thereto.

D. Planning Commission. Resolution No. 13-049 does not apply to the Planning Commission.

The membership, powers, and responsibilities of the Planning Commission are set forth in the Victorville Municipal Code and various provisions of State Law. In accordance therewith, Chapter 9
49 the Planning Commission has adopted rules for transacting Planning Commission business.

E. Conflict of Interest. All members of commissions, committees, and boards shall abide by the provisions of the Political Reform Act, FPPC regulations, and provisions of the common law relating to conflicts of interest.

II. CITY COUNCIL SUBCOMMITTEES
A. Purpose. The City Council from time to time forms committees composed solely of a portion of its own membership. These committees, often referred to as subcommittees, are formed to study, investigate, and make recommendations to the full Council regarding specific topics and may be designated as either Standing or Ad Hoc.

1. Standing Subcommittees. These subcommittees have a continuing subject matter jurisdiction or meeting schedules that are fixed by the Council. Regardless of the number of members, Standing subcommittees are required to comply with the Brown Act.

2. Ad Hoc Subcommittees. These subcommittees have a specific purpose and limited duration, no continuing subject matter jurisdiction, and no meeting schedule fixed by the Council. Ad Hoc Subcommittees composed solely of less than a quorum of the City Council membership (2 members maximum) are generally exempt from the Brown Act and thus are not required to schedule regular meetings or post meeting dates and agendas.

B. Subcommittee Formation and Appointment.

1. Standing Subcommittees. The Council may create or dissolve Standing subcommittees at any time by the affirmative vote of a majority of the Council. The Mayor appoints and the City Council confirms by majority vote the members of Standing subcommittees.

2. Ad Hoc Subcommittees. The Council or the Mayor may create Ad Hoc subcommittees.

The Mayor has the discretion to make appointments to such Ad Hoc subcommittees himself/herself or to allow a majority of the Council to vote on such appointments.

C. Subcommittee Responsibilities. The responsibilities of subcommittees include making and submitting recommendations and information to the Council for consideration and/or a vote (once properly agendized as noted in Section III.C, below, to ensure compliance with the Brown Act). Staff will work with and support Council subcommittees as required and in accordance with the provisions of Section II of this Chapter.

D. Review of Standing and Ad Hoc Subcommittees. At its second regular meeting in December (or as soon thereafter as possible), and prior to making any appointments, the Council will review each currently-existing Standing or Ad Hoc Subcommittee and determine the need to renew or terminate the committee.

Chapter 9
50 E. Conduct of Subcommittee Meetings. Council subcommittees shall generally follow the meeting procedures and rules of order set forth in Resolution No. 13-049.

III. ADMINISTRATIVE SUPPORT FOR CITY COMMISSIONS AND COMMITTEES.

A. Staff to Provide Support. City staff will provide assistance and support to City commissions, committees, and subcommittees; however, such commissions, committees, and subcommittees do not have supervisory authority over City employees. While staff may work closely with these entities (particularly the Planning Commission), City staff members remain responsible to their immediate supervisors and ultimately to the City Manager. The members of City commissions, committees, and subcommittees are responsible to perform the functions (as set forth in Victorville Municipal Code or other City Council directive) of their respective committees/commissions.

B. Examples. Staff support includes preparation of an agenda and preparation of reports providing a brief background of the issue, a list of alternatives, recommendations, and appropriate back-up materials, if necessary. Advisory body members should have sufficient information to reach decisions based upon a clear explanation of the issues.

C. Procedure for Recommendations to Council. Advisory City commissions, committees, and subcommittees wishing to communicate progress, status, and/or recommendations to the City Council must do so through approved Council agenda procedures. In addition, if such commissions, committees, and subcommittees wish to correspond with an outside agency, such correspondence will be prepared by staff for review by the City Manager and possible approval by the City Council. Individual members of City commissions, committees, and subcommittees who would like City staff to perform research or review a particular issue must gain the approval for such a request from the City Manager before any work is planned or done.

IV. BOARDS, COMMISSIONS, AND COMMITTEES ON WHICH COUNCILMEMBERS SERVE AS CITY

REPRESENTATIVES
A. Outside Agencies. City Councilmembers are appointed to and serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the Victor Valley Transit Authority (“VVTA”), the San Bernardino County Transportation Authority (“SBCTA”), and the Victor Valley Wastewater Reclamation Authority (“VVWRA”).

B. Procedures. Nomination and confirmation of such representatives and one alternate shall follow the same procedure identified in Section I.B for City Commissions, Committees, and Boards.

C. Absence. Whenever a member of the City Council is unable to attend a regional board or commission to which he or she is designated as the City’s representative, he or she shall notify his/her alternate.

Chapter 9
51 D. Duties. Councilmembers serving as City representatives on such outside agencies shall comply with the rules of procedure adopted by such agencies when participating in meetings of such agencies and shall provide updates or reports to the City Council on the activities of such agencies as required.

Chapter 10
52 CHAPTER 1 0 - ENFORCEMENT
I. CENSURE AUTHORIZED
Censure is a formal resolution of the City Council that reprimands one of its own members for specified conduct, generally a violation of State, Federal, or local laws; or of City policy, including the provisions of this Manual (hereinafter collectively “Law”). Censure should not follow an occasional error in judgment that occurs in good faith and is unintentional, but it is appropriate when the violation is considered to be a serious offense or the conduct involves intentional and repeated violations of Law or City policy after other Councilmembers have informed the offending Councilmember of the violation(s). Censure carries with it no fine or suspension of the rights of the member as an elected official, but it nonetheless is a punitive action for wrongdoing.

II. CENSURE PROCEDURE
A. Request for Censure Hearing. During the open portion of any regular or special meeting of the City Council, any Councilmember may make a motion to calendar a censure hearing concerning the violative conduct of one of its members.

1. Specific Allegations. The request must include specific allegations of the conduct that constitutes a violation of the Laws or City policy upon which the proposed censure is based.
2 Support; Hearing or Investigation. If a majority of Councilmembers support the request then a) direction shall be given to City Manager to calendar the item for a future agenda or b) the Council shall appoint an ad hoc committee to investigate the charges.

3. When No Investigation Required. If the conduct or violation alleged is patent or otherwise clearly apparent, setting of the censure hearing shall proceed in accordance with Subsection C, below.

B. Investigation. If a majority of the Council determines an investigation is warranted, the Council shall designate an ad hoc committee consisting of two of its members, one of which shall be the Mayor, to conduct the investigation. If the Mayor is the subject of the charges, the Mayor Pro Tem shall be appointed in lieu of the Mayor to serve on the ad hoc committee.

1. Independent Investigator. The Council may select an independent investigator to assist in conducting the investigation. The independent investigator would be managed by the ad hoc committee to conduct the investigation.

2. Process for Taking Statements. In the course of the investigation, the committee must determine the process by which statements are taken. A witness may choose to provide a signed declaration under penalty of perjury attesting to his or her knowledge of the facts surrounding the allegations. If a witness is unwilling to submit such a declaration, Chapter 10
53 the Council may issue a subpoena to compel the witness' testimony, consistent with its subpoena power granted under the Government Code.

3. Conclusion of Investigation. At the conclusion of the investigation, the results shall be presented in writing to the full Council. Based on the results and upon a majority vote of the Council, a censure hearing may be set in accordance with Subsection C, below.

4. Investigation Guidelines. The following guidelines apply to ad hoc committee investigations:
(a) The committee may be staffed by administrative and legal staff. (b) If authorized by City Council, the committee may subpoena witnesses and documents. (c) In making a determination to hold a censure hearing, the committee should determine if after taking all the facts and evidence into consideration, there are reasonable grounds to believe or not believe that the conduct, violation, or offense occurred.
(d) The committee shall issue a final report and recommendations to the City Council. The final report shall be made available to the public.

C. Censure Hearing. If a censure hearing is set, it must be set far enough in advance to give the Councilmember subject to the charges adequate time to prepare a defense. That member shall be given the opportunity to make an opening and closing statement and to question his or her accusers. The Councilmember subject to the charges may be represented and may have the representative speak or question on his or her behalf. The Mayor, or the Mayor Pro Tem if the Mayor is the subject of the charges, shall preside at the hearing. The rules of evidence shall not apply to the hearing, which is not a formal adversarial proceeding. The City Attorney or designee shall provide legal advice to the City Council during the hearing.

D. Resolution of Censure. A decision to censure requires the adoption of a resolution making findings with regard to the specific charges, based on substantial evidence, and approved by the affirmative vote of at least three (3) Councilmembers. In accordance with Government Code section 995, upon request of a Councilmember, the City may reimburse the Councilmember’s reasonable attorney fees and costs in defending himself/herself.

III. REMOVAL
A. Disruptive Conduct by Councilmember During Meeting.

1. In addition to the foregoing and as set forth in Section III.C of Chapter 5 of this Manual, the provisions of Government Code Section 36813 shall be applicable to the conduct of Councilmembers during Council meetings. Said Section provides:

The City Council may establish rules for the conduct of its proceedings. It may punish a Councilmember or other person for disorderly behavior at a meeting.

Chapter 10
54 2. In accordance with Section 36813 and Section III.C of Chapter 5 of this Manual, the punishment may include removal from the Council Meeting of the disruptive Councilmember upon a majority vote of the City Council. A motion for removal may be made by any Councilmember, including the Mayor, and is not debatable. The Presiding Officer and Council as a whole shall address disruptions in a consistent, transparent, and viewpoint-neutral manner.

IV. ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF MANUAL Upon first entering office, upon election to any subsequent term, or whenever this City Council Policy and Procedures Manual is updated by City Council Resolution, every Councilmember shall sign a statement affirming that he/she has received, read, and understood the provisions set forth in this Manual and furthermore agrees to abide by them.

P:\APPS\WPDATA\VVCA\0002 CITY COUNCIL\COUNCIL POLICY MANUAL\DOC\015.3-POLICY MANUAL CURRENT VER COMPARED TO VER 011.8 FR M JONES ON 03.09.21 (CLEAN) TLT FORMAT 03.10.21.DOCX

CITY OF BIG BEAR LAKE, CALIFORNIA

REQUEST FOR INFORMATION
FOR

SOLID WASTE MANAGEMENT, COLLECTION AND DISPOSAL SERVICES to include collection, transfer, and disposal of residential and commercial solid waste, recycling, and organics within the City of Big Bear Lake
Date Issued: January 28, 2022
Responses Due: February 10, 2022; 5:00 p.m.

Request for Information Purpose and Goals
The issuance of this Request for Information (RFI) by the City of Big Bear Lake is intended to obtain responses from organizations that would be interested in proposing on and providing solid waste management services within the City of Big Bear Lake, California. Solid waste services within the City of Big Bear Lake are currently provided under an existing franchise agreement and the current extension period is due to expire on June 30, 2022. The City and the existing waste hauler are engaged in negotiations to establish either a new long-term franchise agreement or an extension period to conduct a request for proposals process in the coming months.

The responses gained from this RFI will serve the City to determine the viability of conducting a competitive request for proposal process and provide information that could be beneficial in developing the request for proposals. This is an RFI only and there is to be no award of services to be made from this request. All information transmitted will become property of the City of Big Bear Lake, may be utilized in any future efforts of the City, and is subject to the California Public Records Act (CPRA) to the extent authorized by the law.

Request for Information Process
The RFI is seeking background information from interested firms, including their experience, particularly any experience in rural communities similar to Big Bear Lake, and a general description of available resources to provide the desired services. Additionally, the RFI will allow respondents to provide thoughts, observations, or alternative considerations for the processes and programs that the City is proposing.

The submission of an RFI is nonbinding and submittals will not be deemed as complete or responsive for any purposes. This will not serve as a qualifier for any future proposal requests.

There will not be a pre-submittal meeting or conference of any kind. Respondents may review the information included within this packet or any other publicly available information through the City’s website. A summary of available information is included within.

For the purposes of transparency, all submissions will be made publicly available as required by the California Public Records Act (CPRA).

The City’s sole point of contract during this process will be Sean Sullivan, Director of Public Services. Please submit any inquiries or questions directly to Sean Sullivan at [email protected].

All responses are to be submitted digitally by 5:00 p.m. on Thursday, February 10. Responses should be limited to a single PDF not exceeding 15 pages and emailed to [email protected]. Links to file sharing sites (i.e. Dropbox) will be accepted to accommodate larger size files as necessary.

Community Background
The City of Big Bear Lake is “Southern California’s only Four-Season Resort Community” and is located at an elevation of 6,752’ surrounding Big Bear Lake. The City is located within the San Bernardino National Forest and is approximately two-hours from the major metropolitan cities of Los Angeles and San Diego. Visitors to the area drive the tourism-based economy and can enjoy the beautiful alpine lake, mountain ski resorts, and year-round outdoor recreational opportunities.

The City’s full-time population is approximately 5,500 residents but the community can host from 20,000 – 100,00 weekend and holiday visitors depending on the season and events.

The City of Big Bear Lake represents approximately 6.42 square miles and maintains approximately 10,000 residential housing units. About 25% of the housing stock is occupied fulltime, 25% are licensed vacation rentals, and 50% are second or weekend homes.

The 6.42 square miles of the City of Big Bear Lake are a part of the overall Big Bear Valley that represents more than 30 square miles and an additional full-time population of more than 12,500.

While the City operations are limited to the City Limits, the sphere of influence often extends throughout the Valley.

General Service Background
At present, all solid waste management within the City of Big Bear Lake is managed through a franchise agreement with Big Bear Disposal. Since 1991, Big Bear Disposal has maintained all collection and disposal of solid waste within the City of Big Bear Lake for all customers, both residential and commercial. The general service offering includes:

Residential service is provided through two options:
• Weekly Curbside Collection
• Bulk Collection using two drop off sites
Curbside collection is available to all single-family residential households within the City, which totals about 8,500. These residential units are assessed a refuse fee on the property tax roll meaning that all properties pay for and are eligible for service and all residential billing is done to the City rather than the individual properties. The waste hauler bills the City monthly and the billing is a factor of the established monthly rate and the total eligible housing units; billing considerations are not made based upon occupancy or participation in services. It is believed that approximately 1,800 – 2,200 households routinely utilize curbside collection. At present, there is no sign up for service meaning that any residential unit can place their containers out on the designated collection day and receive service.

Curbside collection includes up to two (2) 32-gallon containers (provided by the property owner), up to two (2) 32-gallon recycling containers (provided by the hauler), and vegetative (green) waste collection. Green waste is accepted through property owner provided bins, stacked bundles, and bags of pine needles. Curbside collection routes service one time per week.

The City currently provides for two bulk collection sites known as Clean Bear Sites. These locations provide the ability for full-time residents, part-time residents, or visitors from vacation rentals to dispose of residential solid waste without managing the logistics of curbside collection.

The sites are located at 41970 Garstin Road (owned by Big Bear Disposal) and 39690 Big Bear Boulevard (owned by City of Big Bear Lake). The sites are heavily utilized by the community, both within the City of Big Bear Lake and beyond, and recent evidence indicates that 25%, or more, of all usage originates outside the City limits.

Based upon the annual reports provided by the current hauler, below is a five-year overview of the residential tonnage collection:
2017 2018 2019 2020 2021*
Curbside Trash 1,171.43 1,326.48 1,509.16 1,488.75 937.1 Curbside Recycling 119.81 101.83 117.04 73.67 152.2
Total Curbside 1,291.24 1,428.31 1,626.20 1,562.42 1,089.30 Clean Bear Trash 6,168.55 5,321.39 5,348.43 6,535.66 6,536.96 Clean Bear Recycling 372.08 310.75 317.64 361.04 222.52 Total Clean Bear 6,540.63 5,632.14 5,666.07 6,896.70 6,759.48 Total Residential
Tonnage
7,831.87 7,060.45 7,292.27 8,459.12 7,848.78*
*2021 is for period January 1, 2021 – November 30, 2021 (11-months) Current residential solid waste hauler fees, for Fiscal Year 2021-22, are as follows:

Monthly Fee Billing Units
Residential Service $ 22.92 8,459
Vacant Parcels $ 1.27 1,420
Commercial collection is provided through direct contract between the commercial customer and the hauler. Commercial service is generally provided through bin service and it allows for flexibility to meet the needs of the customer through varying sized containers and frequency of collection.

At present, there are 312 commercial service accounts that include commercial businesses, multifamily housing complexes of four or more units (condos, mobile home parks, etc.), and other governmental or institutional customers. These commercial accounts comprise the remaining 1,500 housing units that are not eligible for curbside collection.

Commercial services also include temporary bin rental for construction, demolition, other requested services, and special events. Construction and demolition disposal is also arranged through commercial services, as needed.

The chart below provides the total collected tonnage for commercial service over the past five years inclusive of recycling.
2017 2018 2019 2020 2021*
Total Commercial
Tonnage
7,719.84 8,239.94 7,948.81 7,843.12 7,778.54*
*2021 is for period January 1, 2021 – November 30, 2021 (11-months) Proposed Service Delivery Design for New Agreement
Over the past year or more, staff from the City and Big Bear Disposal has been engaged in discussion related to the service offerings and potential programmatic enhancements to better serve the community and ensure adherence to best practices and regulations, especially SB 1383. This effort has included frequent meetings and discussion as well as two (2) presentations and discussions with the City Council.

To further identify and discuss community need, the Mayor appointed a Solid Waste Working Group comprised of three (3) full-time residents and two (2) representatives of the vacation rental industry. This group met on two occasions to have structured discussions pertaining to proposed changes and enhancements to the solid waste programs offered by the City and perceived impacts related to their respective interests. Staff has engaged with other stakeholders including residents and visitors, business owners, and other representatives of the hospitality and vacation rental industries to gather feedback and input on these issues.

The following scope of services represents the staff’s best effort to capture the needs and desires of the community to develop a program that meets their varying needs. Program and service design is able to be modified based upon different ideas or feedback received, especially from entities with tangible, professional experience in this field. The intent of this RFI is to gain additional insight for that may aid in determining the final service design.

The proposed scope of work will continue to serve all residential commercial customers within the City of Big Bear Lake. Staff intends to propose a contract term of ten (10) years for the solid waste management contract. All contract terms, including duration, are subject to approval of the City Council.

Contract Terms and Conditions
The contract terms and conditions will be built upon those within the existing service contract (included within this packet). The terms will be updated to reflect current regulatory requirements, industry best practices, and community needs. Updated contract terms would be included in an RFP if pursued. The final contract terms are to be negotiated with the selected hauler and are subject to the approval of the City Council.

Residential Service
Residential service will be provided through both of the following programs:
• Curbside Collection
• Operation of Clean Bear Sites
As stated previously, all single-family residential properties are assessed a refuse fee on the property tax roll, which includes a City refuse fee and a pass-through fee to the City’s franchise waste hauler. The waste hauler bills to the City the contracted costs associated with residential services rendered. These assessment and billing practices will not change regardless of the new contract or service model. The hauler will directly bill the City monthly for services. The billing is a factor of the monthly rate and the number of eligible housing units; billing considerations are not made for occupancy or participation in the services. By virtue of the property tax assessment for solid waste services, all residential properties within the City (approximately 8,500) are eligible for the residential solid waste service offerings.

Curbside Collection
Curbside collection, as intended, shall be:
• Available to all single-family residential properties (approximately 8,500) one time per week.
o Every effort possible should be made to consolidate curbside, residential collection into Monday and Tuesday of each week to accommodate heavy weekend visitation.
• Implemented as a three (3) cart/barrel, source separated model for general refuse, recyclables, and organic materials/vegetative debris. All containers shall be serviced on the same designated day for each property.
• For the purposes of service delivery going forward, the City is proposing an Opt-In / Sign Up System. All single-family residential properties are eligible for curbside collection by virtue of refuse fees being billed through the property tax roll for all properties. Staff is proposing an opt-in/sign up program, to be managed collectively by the City and Hauler, whereby residents must “opt-in” or declare their intent to participate in curbside service. o Anecdotal evidence indicates routine participation of about 1,800 – 2,200 properties. This does not guarantee that the level of participation will not increase or decrease.
o This is not an effort or attempt to dissuade usage; all properties are eligible be them full-time, part time, or vacation rental properties. o The opt-in provision is design to allow for route optimization and control over the quantity of collection containers to be distributed.
o Property owners can opt in anytime and service should commence on the next normal collection day.
o Carts / containers will only be provided to customers who have opted in. • Service will transition to cart service. The hauler shall furnish three (3) typical 96-gallon carts to each customer who has opted in for service. All carts shall be compliant with the color and marking requirements of SB 1383.
o Smaller carts shall be made available, by request only, to situations with logistical concerns (i.e. disabled, senior citizens, property issues). o Carts shall be standardized to lockable / wildlife resistant. o The means and methods for the servicing of the carts shall be determined by the hauler. The City is not mandating either fully automated or semi-automated servicing. The servicing method shall be determined by the hauler’s selected equipment and available manpower, taking into consideration all conditions (topography, street widths, and weather) that impact curbside collection within the City.
• Vegetative Debris / Green Waste shall be collected as part of the curbside collection from April through October.
o Provisions shall be made for occasional high-volume green waste disposal which is typically bagged pine needles.
o The City will continue to offer an on demand, curbside chipping program to encourage brush clearance. Residents will call for service and City staff or a contractor will chip and haul the material. The material may either be retained by the contractor or hauled to a designated bin within the City for disposal by the waste hauler.
• The collection of hauling of ashes shall be included with the curbside collection service.

The hauler will determine proper handling procedures, such as a separate container or requirements that they be watered down / totally extinguished. • The resident / guest/ vacation rental manager for properties participating in this service shall be responsible for placing and removing the carts for service. o The hauler may develop a pull out and return service for residents who request such a service. The associated costs will be determined by the hauler, subject to City review, and will be billed directly to the participating property owner. • The hauler shall develop means of enhancing or modifying service levels, which may include additional collections or additional containers, for property owners upon request (i.e. to accommodate vacation rental usage).
o The hauler shall develop the appropriate costs associated with increased service levels, subject to City review, and those costs will be billed directly to the participating property owner.

Clean Bear Sites
The hauler shall operate two (2) bulk collection facilities known as Clean Bear Sites. The current location of the Clean Bear Sites are:
o Site No. 1 - 41790 Garstin Drive
o Site No. 2 - 39690 Big Bear Boulevard
The location on Garstin Drive is on property owned by the incumbent hauler. Should a new hauler be selected and transitioned to service, they will be responsible for identifying and furnishing a site for similar operations that is convenient to the City populous. The site located on Big Bear Boulevard is on property owned by the City of Big Bear Lake.

Clean Bear Site Operations
At least one of the two sites shall be staffed, by the hauler, 24/7/365 and shall be always available for public use. The subsequent site, if not 24/7/365, shall be staffed by the hauler from 06:00 – 21:00, at a minimum, 365 days per year. The site should be able to be secured and surveilled during periods of nonoperation.
• Clean Bear Sites shall be available to property owners, residents, visitors/guests, vacation rental managers or operations, or approved third-party vendors so long as the point of origin of the user and associated waste shall be a residential property within the City of Big Bear Lake.
o Commercial entities are not permitted to use the sites. For the purposes of determining eligibility, vacation rentals /short-term rentals operating in residential properties are not considered commercial entities.
o City staff will work with the hauler to develop a validation system for eligibility to use these sites (i.e. card, QR code, or other method).
• Clean Bear Sites presently accept general refuse, recyclables, and green waste/organics/vegetative debris.
• The historic tonnage information for these sites is provided within the table above. • It is believed that at present, and historically, that 25%, or more, of the users and total waste collected at these sites originate outside of the City of Big Bear Lake and are not eligible for the use. Current tonnage figures for the Clean Bear Sites reflect this nonrestricted usage. o Beginning no later than July 1, 2022, the sites will no longer accept waste generated outside of the City limits. This will be managed through the staffing of the site by the hauler and the implementation of a validation system. o The City will provide supplemental staff support, on site, during this roll out period. • There are desired capital improvements to be considered for both existing sites. Concepts consider the complete enclosure of the sites in a warehouse type building with drive through capabilities. The hauler will be asked to make considerable investment in the current site, Site No. 1, or an identified replacement site should a new hauler be selected for these services. The City will coordinate and fund the desired improvements to the existing Clean Bear Site No. 2.The City is also pursuing the possible relocation of that site to a yet to be identified location.

Popup Sites, or temporary collection sites, may be used during peak periods of visitation as requested by the City. As has been previously utilized by the City and the current hauler, popup sites will be established sporadically to alleviate the traffic flow and burden to the existing Clean Bear Sites. The City will facilitate a location and the hauler will provide a staff, multiple bins, and a truck to service them. Staff anticipates that on any given year, these may be desired on 15 – 20 occasions.

Commercial Service
Commercial service will continue to include commercial business customers, multi-family residential properties greater than four (4) units, and other governmental or institutional customers within the City of Big Bear Lake service area. Current records show a total of 312 Commercial Service Accounts. There are an additional 32 multifamily accounts and 14 HOA accounts which account for the remaining 1,500 housing units. Commercial service is to be provided through individual accounts between the customer and the hauler. The City shall maintain the right to review and approve the commercial service rates. Commercial service is anticipated to operate as it has historically, with bin service of varying sizes and collection frequencies to meet the needs of the customer.

Commercial service shall also include temporary bin rental for construction, demolition, special events, and other services as requires. Staff is also working to update the construction and demolition program and will coordinate closely with the hauler on implementation.

Environmental Requirements
SB 1383
SB 1383, the short-lived climate pollutants legislation, went into effect on January 1, 2022, and provides a revised framework for the ongoing management of organic materials as present within the waste stream. The impacts of SB 1383 will have a considerable impact on solid waste management programs going forward.

SB 619 offered local agencies the opportunity to delay elements of the required implementation associated with SB 1383. On February 7, 2022, City of Big Bear Lake staff are presenting to the City Council, for their approval, an SB 619 implementation plan that allows appropriate time to establish for a new solid waste services agreement and the associated start up period.

As of January 13, 2022, the City of Big Bear Lake has an approved High Elevation Waiver which will serve to exempt the waste generators within the City from having to comply with the food separate and recover elements of SB 1383. Additionally, the City is prepared to coordinate with all eligible generators on the issuance of de minimis waivers of physical space waivers where appropriate.

The residential solid waste program, consisting of a three (3) cart system is designed with SB 1383 compliance in mind. The details of the legislation provide for varying options to achieve compliance, such as a one or two cart system provided the material is processed through a certified high-diversion recovery, amongst other options. This system was specified by the City as it is perceived as generally universal. The City is willing to consider additional options or approaches to this service delivery so long as it is focused on customer service, quality service delivery, and regulatory compliance. We understand that haulers may have different approaches based upon different business models or access to different resources and other options for service will be considered.

Additional Legislative / Regulatory Requirements
The hauler will work, with the City, to implement the services in accordance with all existing and future legislation pertaining to solid waste management including recycling, commercial recycling, organic recycling, and any other relevant legislation.

Resources / Information
The following resources and information are available to support your efforts in developing a response to this RFI
• Current Contract for Services is available as a PDF that was distributed with this RFI. • City Council Review and Discussion - The Big Bear Lake City Council received reports and held discussion associated with solid waste services at the following meetings:
▪ December 6, 2021
▪ January 11, 2022
o Agendas, reports, and video are available at www.citybigbearlake.com • Incumbent Provider: Big Bear Disposal, Inc. www.bigbeardisposal.com • Regulatory Information www.calrecycle.ca.gov
City Contact Information
The City has designated Sean Sullivan, Director of Public Services, as the sole point of contact for this process. Please contact Sean Sullivan directly with any questions or concerns throughout this process and refrain from contacting other City employees or representatives.

Sean Sullivan, Director of Public Services
[email protected];
(909) 866-5831 X 113

CITY OF BIG BEAR LAKE, CALIFORNIA

REQUEST FOR INFORMATION
FOR

SOLID WASTE MANAGEMENT, COLLECTION AND DISPOSAL SERVICES A. Respondent Information: Provide the following information regarding the Company.

Respondent Name: ____________________________________________________ Primary Address: ______________________________________________________ City: ________________________________ State: __________ ZIP: ____________ Year Company Established: ______________________________________________ Number of Solid Waste Collection / Disposal Contracts in CA: ____________________ Primary Contact for RFI: _________________________________________________ Title: _________________________________________________________________ Telephone Number: _____________________________________________________ Email Address: _________________________________________________________ B. RFI Response While not mandatory, the RFI Response should include the following elements, in addition to any other information that your company chooses to provide. Responses should be limited to 15 pages and a single PDF.

1. A cover letter, on company letterhead, describing your company’s interest in proposing on and providing these services.

2. Company Background – provide background information on the company including:
• When the company was established
• Years of experience in solid waste collection and disposal services • Primary Area of Service (i.e. Southern California, Los Angeles County, San Bernardino County, Riverside County, etc.)
• Quantity and location of collection and disposal contracts • Location of key facilities and operations

3. Does your company have experience providing services in isolated, rural communities similar to Big Bear Lake? Would you propose to provide the service from an existing company location or would you propose to establish a location within the Big Bear Valley?

4. Describe the company’s available resources, or access to resources, required to properly service this contract.

C. Scope of Work & Contract This section offers the opportunity to provide any comment, thoughts, observations, or suggestions on the proposed scope of work and contract terms.

Questions for consideration may include:

Scope of Work

1. Would your company consider proposing a collection methodology different from the proposed three (3) cart system?

2. Would your company consider the use of certified high-diversion facilities to meet compliance with SB 1383?

3. Do you disagree with any of the terms of the proposed scope of work? Would you suggest alternative approaches to any of the proposed scope items?

4. Do any of your current contracts utilize a sign up or “opt in” provision? Is that program, or anything similar, managed by your staff?
Contract Terms

1. Is your company comfortable with a ten (10) year contract term? As a potential new service provider, does this term allow for the appropriate timeline to procure property, equipment, and personnel to service this contract?
a. If not, what is the minimum preferred contract term?

2. As stated, the billing for residential services shall be done monthly, directly to the City.

Additional services, as requested, shall be billed directly by the hauler to the requesting property owner. Does your company have any concerns with these billing practices?

3. The outlined timeline is tentative and subject to change. If your company were selected for this service contract what would be an appropriate and comfortable timeline to establish service?

4. Are there any terms that are not included within the scope of work or existing contract terms that should be? Are there any terms that are included that should be omitted?

Community Development Department
39707 Big Bear Boulevard, PO Box 10000, Big Bear Lake, CA 92315 • (909) 866-5831 • www.citybigbearlake.com

REQUEST FOR PROPOSALS
The City of Big Bear Lake
Community Development Department
invites submissions for:

COMMUNITY VISIONING FACILITATION,

VISION STATEMENT AND ACTION PLAN
RFP Issue Date: January 5, 2022
Submissions responding to this RFP must be received
by Sue O’Strander, Community Development Director
via e-mail at [email protected]
no later than 3:00 p.m., Thursday, February 10, 2022.

City of Big Bear Lake RFP/Community Visioning
2 1. PURPOSE
The City of Big Bear Lake invites proposals from qualified consultants to conduct a citywide visioning process. In the mid-to-late 1990s, a community-wide visioning process resulted in the “Share the Vision Big Bear 2020” report, dated September 12, 1996. That process helped to shape the City’s General Plan, adopted on August 23, 1999.

As the make-up of the community has changed since the 1990s, the City wishes to conduct a comprehensive and engaged community outreach with all stakeholders to assess current expectations as to Big Bear Lake’s identity and future goals. The City Council has indicated the importance of building community consensus and establish a foundation for the City’s policies and goals for the next 20-year period.

2. BACKGROUND
Over the past 20 years, the City has achieved many goals stated in the General Plan.

During this period, the City of Big Bear Lake has evolved into a four-season resort community drawing a majority of visitors from within a 175-mile radius. Many stakeholders represent various important aspects of the community, including residents, second homeowners, business investors, and visitors. These parties are each interdependent on one another and maintaining a balance among all stakeholder is key to ongoing and future community success.

During the COVID pandemic in 2020, the community experienced much higher visitation than normal, whereby permanent community members felt that there were no breaks from the nonstop visitation for many months on end. Also, like many other ‘zoom’ towns, land costs increased tremendously, creating a deficit in needed housing stock to support the local workforce. Negative sentiment towards visitors grew, with most concerns focused on loud obnoxious parties, trash, and basic disrespect for the community. This created division in the community due to contrasting goals and expectations of various stakeholder groups.

The City Council initiated discussions on the General Plan at a meeting on September 20, 2021. Due to the varied opinions of the community, it was clear to the Council that development of an updated community vision should be the first step towards the comprehensive planning effort.

On October 18, 2021, the City Council conducted a study session to consider several options to approach the comprehensive planning effort. As the General Plan is a critical foundational document supporting all City programs, the City Council directed staff to focus first on a comprehensive community visioning process. The City Council expressed interest in establishing an advisory committee to assist with the visioning including representation by all community stakeholders, multiple opportunities for outreach and engagement, accurate assessment of the community’s hopes and expectations, and a City of Big Bear Lake RFP/Community Visioning
3 resulting plan that embraces diverse thoughts and builds consensus and a foundation on which future policies can be based on.

At a meeting on November 1, 2021, the City Council authorized staff to pursue a Request for Qualifications/Proposals and invite qualified consultants to develop and lead a new community vision for Big Bear Lake.

3. SCOPE OF WORK
The City of Big Bear Lake seeks to retain a highly qualified Consultant experienced in community facilitation with diverse stakeholders. The visioning process must be transparent and extensive to reach a broad audience with the use of innovative outreach efforts. A variety of effective approaches must be included to ensure engagement with and participation by a broad and deep cross section of the community. The Consultant will have experience facilitating workshops and focus groups as well as other strategies aimed at capturing widespread public input in order to create an accurate framework for future decision-making.

A future action by the City Council will include formation of an advisory committee to assist with the visioning process. While it would be impossible for the committee to represent every single interest in the community, it will reflect a broad spectrum of stakeholders. It is anticipated that the committee will be established in Spring of 2022.

Consultant efforts should, at a minimum, include:
 Coordinated project management for this effort at the City’s direction;  Provide guidance on development of the Vision Plan to include strategic planning and implementation process to the City;
 Comprehensive and effective outreach to community members and the advisory committee, as appropriate;
 Coordinate and facilitate community engagement utilizing traditional and creative outreach techniques, including but not limited to interviews with community members in leadership roles, charrettes, workshops, online surveys for outreach, and other strategies to engage hard-to-reach stakeholders;  A comprehensive written summary of the community sentiment, including the various engagement efforts, and accurate analysis of the findings/outcomes;  Develop a Vision Plan to document the identified community values and a community vision statement along with key components supporting the vision, and realistic strategies or actions (short, medium and/or long range) for implementation;
 Presentation(s) of updates, final report, findings, and recommendations to the advisory committee and/or City Council; and
City of Big Bear Lake RFP/Community Visioning
4  All final documents and presentations must be provided to the City in a format that is unlocked and accessible to the City (e.g. Microsoft Word, Excel, PowerPoint).

Upon formation, the advisory committee will convene regularly to receive updates from and provide input to the City and Consultant team. The goal is to complete a draft Vision (and Action) Plan in less than 9 months.

Consultants are encouraged to submit a proposal that addresses the essential elements of the described Scope of Work. Additional elements may be proposed if such components would significantly improve the project outcome. Any measures to improve cost-efficiency are also welcome, so long as these do not compromise the core goals and expectations of the community visioning process.

Both the core proposals and any additive alternatives and cost-efficiency measures must provide a clear description of the work, reasoning for consideration, timeline of tasks, and a fee proposal. Please submit the fee proposal in a separate e-mail. The selection team will review all other criteria before consideration of the fee proposal.

4. AVAILABLE RESOURCES
The following documents and resources are readily available, if needed, as additional resources:
 City of Big Bear Lake General Plan, adopted on August 23, 1999  "Share the Vision Big Bear 2020" Report, dated September 12, 1996 provided as Attachment 1 to October 18, 2021 City Council Agenda Item 1.2 (starts on pg. 47)  Archived City Council Agendas for the September 20, 2021 (Item 2.3), October 18, 2021 (Item 1.2), and November 1, 2021 (Consent Agenda Item 2.8) meetings at https://www.citybigbearlake.com/index.php/city-council-agenda-archive  Videos for the September 20, 2021 (Item 2.3) and October 18, 2021 (Item 1.2) City Council meetings at https://bigbearlake.12milesout.com/#page=1

5. ANTICIPATED RFP SCHEDULE
The tentative schedule for this RFP is anticipated as follows, but may change as necessary:

January 5, 2022 Issuance/Distribution
January 20, 2022 Deadline for consultant questions, no later than 3:00 p.m.

February 10, 2022 Submissions must be received no later than 3:00 p.m.

March 7, 2022 Contract approval by City Council
April 2022 Initiate work under awarded contract
City of Big Bear Lake RFP/Community Visioning
5 6. SUBMITTAL INSTRUCTIONS
By submitting a response, Consultant represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the City’s objectives, as described under Purpose and Scope of Work. Consultant is prepared to comply with all statutes and regulations applicable to the work to be performed.

6.1 City Contact
Should a Consultant require clarifications to this RFP, such inquiries must be submitted in writing before 3:00 p.m. on January 20, 2022. If the point in question is not clearly and fully set forth in the RFP, the City of Big Bear Lake will issue a written response or addendum clarifying the matter, which will be posted on the City’s webpage.

All inquiries/communication relating to this RFP must be timely and directed to:

Sue O’Strander, Community Development Director
[email protected]

6.2 Submission Deadline
Late Proposals will be rejected and returned. All Proposals must be timely, presented in the required format, and submitted to Sue O’Strander, Community Development Director via e-mail at [email protected] no later than 3:00 p.m. on Thursday, February 10, 2022.

6.3 Acceptance of Proposals
 The City of Big Bear Lake reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in any proposals.
 The City of Big Bear Lake reserves the right to amend, withdraw or cancel this RFP at any time without prior notice and it makes no representations that any contract will be awarded to any Consultant responding to this RFP.  The City of Big Bear Lake reserves the right at its sole discretion to modify this RFP should the City of Big Bear Lake deem that it is in the best interests to do so.
 Proposals received by the City of Big Bear Lake are public information and will be made available to any person upon request, after the entire proposal evaluation process has been completed.
 Submitted proposals are not to be copyrighted.

City of Big Bear Lake RFP/Community Visioning
6 7. EVALUATION CRITERIA
Each Proposal will be evaluated and ranked by the City of Big Bear Lake. The following factors will be considered, as follows:

Evaluation Factor Maximum Points
Knowledge and qualifications of project
manager and key staff
20 Understanding and vision of project scope 30
Schedule and timing to complete tasks 30
Cost-effectiveness of proposal 20
The evaluation factors will be applied to eligible and responsive Consultants in the selection process. A Consultant may be selected without discussion after proposals are received. At the City’s discretion, interviews may or may not be conducted. Therefore, Proposals should be submitted on the most favorable terms (review the Proposal Elements section for details of requested information).

7.1 Knowledge and Qualifications of Project Manager and Key Staff It is imperative that the key personnel providing the services have the background, experience, and qualifications to address the City’s needs for this RFP. The City of Big Bear Lake reserves the right to approve all key personnel individually for work on the contract. The Consultant must identify all proposed key personnel.

The Proposal shall name the assigned Project Manager and all key personnel.

Resumes and qualifications of the Consultant team, including their assigned role, experience, and examples of similar projects shall also be provided.

After a contract is signed, Consultant may not replace key personnel assigned to the project without written agreement of the City of Big Bear Lake. City approval is required before any personnel substitutions may occur. The City of Big Bear Lake reserves the right to request that the Consultant replace a staff person assigned to the contract should the City of Big Bear Lake consider such a replacement to be for the good of the project. Replacement staff would be subject to the City of Big Bear Lake written approval prior to assignment to the team.

7.2 Understanding and Vision of Project Scope
Consultant shall provide a narrative that addresses the Scope of Work for this RFP that demonstrates that the Consultant fully comprehends the City of Big Bear Lake’s expectations under this RFP. Proposal should include:
 A description of the Consultant’s general approach for completing the activities specified in the Scope of Work. The work plan shall be of sufficient detail to demonstrate the Consultant’s ability to accomplish project City of Big Bear Lake RFP/Community Visioning
7 objectives and that Consultant understands the City of Big Bear Lake’s goals and objectives.
 Outline the activities that would be undertaken in completing the Scope of Work and specify who in the firm would perform them.
 Identify any special issues or problems that are likely to be encountered in a project of this type and how the Consultant would address them.  Consultant is encouraged to identify additive alternatives and/or costeffective measures to the Scope of Work that do not materially deviate from the objectives.

7.3 Schedule and Timing to Complete Tasks
Consultant should be mindful of the City’s need for timely completion of the project.

A comprehensive Proposal should include a schedule for timely completion and all necessary tasks.

7.4 Cost-Effectiveness
Consultant should identify methods that will be incorporated to ensure quality control for the project, including budget and schedule management. This information should be included as part of the RFP response for consideration in the evaluation and ranking process.

A separate cost proposal shall include all labor costs, overhead costs, subconsultant costs, and an itemized list for direct expenses. Costs must be shown in a matrix format, by task grouping, and show hours per staff member and labor costs. The cost proposal shall also be timely submitted concurrent with the Proposal in a separate e-mail labeled “RFP Cost Proposal” (see Submission Deadline).

8. PROPOSAL ELEMENTS
Consultants must submit Proposal responses to include all requested information, as outlined in this section. Reponses must be comprehensive and organized as follows:

A. Cover Letter
The cover letter must be signed by an officer of the firm authorized to execute a contract with the City. The primary contact should be identified with a phone number, email, location and mailing addresses.

City of Big Bear Lake RFP/Community Visioning
8 B. General Qualifications
Provide a summary of the Consultant’s qualifications, general information about the firm, location of office(s), years in business, and areas of expertise. Provide a brief description of recent projects that involved a similar scope of services.

C. Key Staff & Sub-consultants
Identify key staff and include a description of their abilities, qualifications, experience, and role for this RFP. Attach resumes of key staff that will be assigned to this project and include a proposed project management structure and organizational chart.

Identify any portion of the scope of work that would be subcontracted. Include firm qualifications (brief) and key personnel, telephone number, email address, and contact person for all subcontractors. The City reserves the right to approve or reject all consultants, internal staff performing consulting services, or sub-consultants proposed by the Consultant.

D. Project Workplan
Consultant shall demonstrate its understanding of the project with a detailed workplan/approach and methodology for successful project completion. Consultant shall expand on the Scope of Work, if appropriate, to accomplish the overall objective of the project and provide suggestions which might enhance the project outcome. Include assumptions about the number of meetings needed with City staff and other stakeholders to complete the Scope of Work. Consultant shall provide an example of similar projects prepared by the firm or proposed team. Consultant shall also include a schedule of work, including benchmarks, milestones, and deliverables.

E. References
Consultant shall provide a list of references for the firm and any sub-consultants, including the names, addresses, email addresses, and telephone numbers of recent clients, preferably other public agencies for which Consultant has done similar work.

Include a list of specific projects associated with each reference, date work was performed, budget/cost, whether the project was or was not completed within budget, and key personnel involved.

F. Budget
The cost proposal shall include all labor costs, overhead costs, sub-consultant costs, and an itemized list for direct expenses. Costs must be shown in a matrix format, by City of Big Bear Lake RFP/Community Visioning
9 task grouping, and show hours per staff member and labor costs. The cost proposal shall be submitted in a separate e-mail.

G. Agreement for Professional Services
Please provide a statement that the City’s standard Agreement for Professional Services has been reviewed and that the Consultant will be able to provide the required insurance in the amount, types, and endorsements. Alternatively, if there are provisions within the City’s Standard Agreement, including insurance requirements, that are not acceptable to your firm, please indicate what provisions those are and reasons why, and what substitution your firm would suggest.

9. GENERAL INFORMATION
 Appendix A contains the City’s template for professional services agreement, which would be utilized for this Project.
 The City of Big Bear Lake reserves the right to modify the professional services agreement to the extent that it deems necessary either before or during any negotiations with the selected Consultant.
 The Consultant is expected to review the general terms and conditions and acknowledge their acceptance of Appendix A in the Proposal Cover letter (or their objections to specific parts of Appendix A) as a mechanism to expedite the contract negotiation process.
 To accommodate a possible delay in reaching a contract agreement, all parts of the Proposal and especially the offer of key personnel as described in the RFP shall be valid for one hundred eighty (180) days after submittal of the Proposal.  The City of Big Bear Lake does not intend to provide office space for Consultant’s personnel at the City of Big Bear Lake. The City of Big Bear Lake does not intend to reimburse the Consultant for personnel relocation under a contract on this solicitation. Staff assigned under the Proposal that are needed for specific tasks on the contract may, with the City of Big Bear Lake written approval in advance, be eligible for reimbursement for all reasonable, normal costs associated with travel outside their office/home office.

City of Big Bear Lake
Professional Services Agreement

APPENDIX A

PROFESSIONAL SERVICES AGREEMENT
This Agreement is made and entered into as of ________________, 20____ by and between the City of Big Bear Lake, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 39707 Big Bear Boulevard, Big Bear Lake, California 92315 (“City”), and [***INSERT NAME***], a [***INSERT TYPE OF

ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
____________________________________________________________________________ (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” [Alternatively, Scope of Services can be included here and all subsequent exhibits renumbered accordingly.]

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” [Alternatively, Schedule of Charges may be included here and all subsequent exhibits renumbered accordingly.] b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $ [Insert amount of compensation]. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.