Regular Meeting Minutes – October 3, 2022
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A Regular Meeting of the City Council of the City of Big Bear Lake was called to order by Mayor Herrick at 6:00 p.m., Monday, October 3, 2022, at the Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, California.
OPEN SESSION
Flag Salute: Flag Salute led by Councilmember Melnick
Invocation: Invocation was led by Pastor Eric Hoerger from Believers Chapel
Councilmembers Present: Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Others Present: Erik Sund, City Manager
Erica Stephenson, City Clerk
Todd Leishman, on behalf of City Attorney Stephen Deitsch
PRESENTATIONS
• Presentation of a 5-year Employee Service Award to Laura Knotts, Administrative Analyst for the Administrative Services Department.
• Presentation of a Proclamation Recognizing October as Community Planning Month. • Presentation of a Proclamation Recognizing October 9 through October 16 as Code Enforcement Officer Appreciation Week.
PUBLIC COMMUNICATIONS
Patrice Duncan, Sugarloaf resident, started by thanking the Councilmembers that supported the Bear Valley Neighborhood Potluck & Firefighter Appreciation Event; expressed her concerns regarding alleged acts of racism against Councilmember Lee and asked Council to further examine Councilmember Lee’s allegations and take action if it is determined that racism exists; briefly discussed records requests she submitted to the City, the Sherrif’s Department and the Fire Department to validate Councilmember Lee’s claims and reported that she has currently found no such evidence of racism, or other harassing messages.
Kendi Segovia, Big Bear Lake resident, stated that she is leading the Alan Lee recall campaign and that she is a candidate for the District 1 seat should the recall effort be successful; recounted a conversation she overheard at the last Council meeting alleging Bernard Bryan indicated that Councilmember Lee is a funding source of an
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October 3, 2022
ensuing lawsuit related to the Councilmember Mote recall petitions; invited the community to review the recallee.com website.
Cindy Dupre & Kelly Olson, representatives of the Big Bear Patriots and Lions for Freedom group, addressed remarks made by Councilmember Lee and stated that Councilmember Lee was never invited to be a speaker at the Big Bear Patriots and Lions for Freedom meetings.
Kim Brunet, Big Bear Lake resident, reiterated that she is the founder of “Skate-by-the-Lake”, an outdoor ice rink and roller-rink established for the local community and tourists’ recreation and enjoyment; said that she is looking for another location for the outdoor rink and questioned if the 99-acre property that the City just leased could be a potential home for “Skate-by-the-Lake”.
Karen Bergman, Big Bear Lake resident, expressed her concerns with recent graffiti in her neighborhood and asked the City to investigate the matter in hopes of preventing further vandalism; also expressed her concerns of safety and lack of maintenance on the Rathbun Creek Trail.
Bobbi Hazelton, Big Bear City resident, expressed her concerns regarding the lack of surveillance of the two ballot drop-boxes within the City limits; urged the City to work with the San Bernardino County Registrar of Voters to purchase and install surveillance equipment near the ballot drop-boxes for security purposes.
Matt Scriven, Big Bear Lake resident, accused Paul Sokoloff, the Principal Officer of the Political Action Committee Big Bear Lake United, Yes on Measure O, of not being transparent and alleged that Paul did not register or remit TOT payments to the City of Big Bear Lake for his previously owned Big Bear Lake property that Matt claims was a vacation rental.
Liz Harris, Big Bear Lake resident, said that it is time for the City to move forward and said the Council and the community must be open to one another and learn from the current state of divisiveness so that it can be prevented in the future; further stated her beliefs that it is time to recall Councilmember Lee.
Bernard Bryan, Big Bear Lake resident, stated that he represents the recall effort of Mayor Pro Tem Mote entitled “Recall Mote Now”; announced that he is financing the legal fees related to the recall effort against Mayor Pro Tem Mote; said constituents have the right to recall any Councilmember if it is perceived that they are not doing the job they were elected to do.
Alan Lee, Big Bear Lake Councilmember, acknowledged the invocation made by Pastor Hoerger and said that he was glad to have formally initiated the inclusion of invocations being part of each Council meeting and stated that he was the Councilmember that originally suggested the motto “In God We Trust” be included under the City seal in Hofert Hall; thanked the community members that attended the 2nd annual Community Unity event; indicated that while there has been some racially motivated remarks and actions against him, he doesn’t believe the majority of the community to be racist; closed his comments with a community prayer.
1. CONSENT CALENDAR
1.1 APPROVAL OF DEMANDS – CHECK ISSUE DATE 09/02/2022 THROUGH 09/22/2022 IN THE AMOUNT OF $2,130,741.56
Approved.
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1.2 APPROVAL OF MEETING MINUTES FROM THE JULY 28, 2022 SPECIAL MEETING
OF CITY COUNCIL
Approved.
1.3 APPROVAL OF MEETING MINUTES FROM THE JULY 29, 2022 SPECIAL MEETING
OF CITY COUNCIL
Approved.
1.4 APPROVAL OF MEETING MINUTES FROM THE AUGUST 1, 2022 REGULAR
MEETING OF CITY COUNCIL
Approved.
1.5 APPROVAL OF MEETING MINUTES FROM THE AUGUST 11, 2022 SPECIAL MEETING
OF CITY COUNCIL
Approved.
1.6 APPROVAL OF MEETING MINUTES FROM THE AUGUST 11, 2022 ADJOURNED
REGULAR MEETING OF CITY COUNCIL
Approved.
1.7 APPROVAL OF MEETING MINUTES FROM THE AUGUST 15, 2022 REGULAR
MEETING OF CITY COUNCIL
Approved.
1.8 ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 2022-046, AMENDING THE ZONING MAP TO ESTABLISH THE R-4 ZONE DISTRICT AND AMENDING CHAPTERS 17.02 (DEFINITIONS), 17.03 (GENERAL PROCEDURES), 17.25 (RESIDENTIAL ZONES), AND 17.35 (COMMERCIAL AND PUBLIC ZONES) OF THE CITY’S MUNICIPAL CODE (TITLE 17)
City Council considered adoption of an ordinance amending the zoning map to establish the R-4 zone district and amending chapters 17.02 (Definitions), 17.03 (General Procedures), 17.25 (Residential Zones), and 17.35 (Commercial and Public Zones) and finding these amendments exempt from the California Environmental Quality Act. City Council introduced the ordinance, conducted the first reading of the title and waived further reading at the September 19, 2022 regular meeting.
Approved and adopted the following ordinance entitled:
ORDINANCE NO. 2022-506
ORDINANCE OF THE CITY OF BIG BEAR LAKE CITY COUNCIL
APPROVING DEVELOPMENT CODE AMENDMENT 2022-046, AMENDING THE ZONING MAP TO ESTABLISH THE R-4 ZONE DISTRICT AND
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October 3, 2022
AMENDING CHAPTERS 17.02 (DEFINITIONS), 17.03 (GENERAL PROCEDURES),
17.25 (RESIDENTIAL ZONES), AND 17.35 (COMMERCIAL AND PUBLIC ZONES)
AND FINDING THESE AMENDMENTS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
1.9 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE JAY BIRD LANE
SANITARY SEWER MAIN REPLACEMENT PROJECT
City Council considered a formal resolution accepting the work of Romans Construction and authorizing a Notice of Completion for the Jay Bird Lane Sanitary Sewer Main Replacement Project.
This project replaced approximately 180 linear feet of sanitary sewer main and the associated sewer lateral connections. The total project cost was $92,818.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-118
RESOLUTION AUTHORIZING A NOTICE OF COMPLETION
FOR THE JAY BIRD LANE SANITARY SEWER MAIN
REPLACEMENT PROJECT
1.10 RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR THE SANITARY
SEWER MANHOLES TO GRADE PROJECT
City Council considered a formal resolution accepting the work of Torres Sanitation Systems Construction and authorizing a Notice of Completion for the Sanitary Sewer Manholes to Grade Project. This project adjusted approximately 96 sanitary sewer manholes throughout the City back to grade that were previously buried below the roadway surface. The total project cost was $85,132.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-119
RESOLUTION AUTHORIZING A NOTICE OF COMPLETION FOR
THE SANITARY SEWER MANHOLES TO GRADE PROJECT
1.11 RESOLUTION AUTHORIZING THE AWARD OF AN AGREEMENT TO APERFORMANCE TOWING, INC FOR VEHICLE TOWING AND IMPOUNDING
SERVICES
City Council considered a formal resolution awarding a Professional Services agreement to APerformance Towing, Inc. for vehicle towing and impounding services essential to snowplow operations. The Fiscal Year 2022-23 adopted budget includes an appropriation for these services.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-120
RESOLUTION AUTHORIZING THE AWARD OF AN AGREEMENT
TO A-PERFORMANCE TOWING, INC. FOR
VEHICLE TOWING AND IMPOUNDING SERVICES
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1.12 RESOLUTION APPROVING PRIVATE PROPERTY IMPROVEMENTS AND
SETTLEMENT AGREEMENT AND RELEASE ASSOCIATED WITH THE MOONRIDGE
CORRIDOR IMPROVEMENTS PROJECT
City Council considered a formal resolution authorizing the execution of private property improvement agreements with approximately five (5) property owners along the Moonridge Corridor to mitigate impacts created by the Moonridge Corridor Improvements Project. The construction of certain features of the project created loss of driveway and garage access for many property owners and these agreements will enable the City to complete agreed upon improvements to mitigate these impacts. A condition of the agreements will include releasing the City from any and all claims associated with the construction impacts.
Approved and adopted the following resolution entitled:
RESOLUTION NO. 2022-121
RESOLUTION APPROVING PRIVATE PROPERTY
IMPROVEMENTS AND SETTLEMENT AGREEMENT &
RELEASE ASSOCIATED WITH THE MOONRIDGE CORRIDOR
IMPROVEMENTS PROJECT
A motion was made by Mayor Pro Tem Mote, seconded by Councilmember Putz to approve the consent calendar.
Said motion was approved by the following vote:
AYES: Melnick, Putz, Lee, Mote, Herrick
NOES: None
ABSTAIN: None
ABSENT: None
ITEMS REMOVED FROM THE CONSENT CALENDAR
None.
2. DISCUSSION/ACTION ITEMS
2.1 ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL CODE CHAPTER 1.12 (CITY
COUNCIL) CONCERNING RESIDENCY REQUIREMENTS AND PROOF THEREOF FOR
CITY COUNCIL CANDIDATES AND COUNCILMEMBERS
City Council considered reading the title, waiving further reading, and introducing an ordinance that would require the City Council to annually submit specified documents to the City Clerk in order to prove their Big Bear Lake residency. The proposed ordinance would also establish proof of residency requirements for City Council candidates.
Todd Leishman, BB&K Attorney, outlined the provisions in the proposed ordinance and referenced the Cities that have also adopted a similar ordinance.
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Mayor Herrick invited up speakers who wished to speak on the item, and the following individual approached Council:
Theodore Trentman, Big Bear resident (this public comment card was overlooked during the public communications portion of the meeting), questioned Councilmember Lee’s residency; thanked the community members who attended the community potluck event; announced that a “No On O” rally will be held on November 6; expressed his concerns about a person stealing a “No on O” political sign; indicated his beliefs regarding the importance for the community to have the freedom to express their constitutional right of free speech.
Following Council discussion and expressed concerns brought forth by the Council, BB&K Attorney Todd Leishman suggested that Council modify the proposed ordinance to require Councilmembers and City Council candidates to provide the City Clerk with documents from each of the three (3) proof of residency categories included in the proposed ordinance.
A motion was made by Councilmember Putz, seconded by Mayor Pro Tem Mote, to modify the ordinance at the above suggestion of BB&K Attorney Todd Leishman; and to read the title, waive further reading, and introduce an ordinance entitled:
ORDINANCE NO. 2022-xxx
ORDINANCE AMENDING BIG BEAR LAKE MUNICIPAL CODE
CHAPTER 1.12 (CITY COUNCIL) CONCERNING RESIDENCY
REQUIREMENTS AND PROOF THEREOF FOR CITY COUNCIL
CANDIDATES AND COUNCILMEMBERS
Said motion was approved by the following vote:
AYES: Mote, Lee, Melnick, Putz, Herrick
ANOES: None
ABSTAIN: None
ABSENT: None
3. COMMENTS, ANNOUNCEMENTS & ADDITIONAL CITY BUSINESS
3.1 CITY CLERK, CITY ATTORNEY, CITY MANAGER COMMENTS
Erik Sund, City Manager, reported on the various meetings and events he has attended in the past few weeks, which included an Emergency Response Responder Liaison Meeting with Southwest Gas, Highlander Adventure of Lifetime Event with Mayor Herrick and Councilmember Putz, a manager’s luncheon with the managers of all the local agencies, a meeting with Chief Willis to discuss the Big Bear Fire Authority, the community meeting with the residents of the Leisure Bear Mobile Home Park, and a meeting with Big Bear Mountain Resorts regarding the Winter Traffic Management Plan.
3.2 COUNCILMEMBER BOARD/COMMITTEE REPORTS & COMMENTS
Councilmember Lee expressed his appreciation for Mayor Herrick allowing him to have additional speaking time during the public communication portion of tonight’s meeting.
Mayor Pro Tem Mote reported on the September 28 Big Bear Area Regional Wastewater Agency (BBARWA) Board Meeting.
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Mayor Herrick reported on the September 27 meeting with the residents of the Leisure Bear Mobile Home Park.
ADJOURNMENT
There being no further business to come before the Council at this Open Session, Mayor Herrick adjourned the meeting at 7:25 p.m.
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Erica Stephenson, City Clerk