CITY COUNCIL SPECIAL MEETING NOTICE & AGENDA
SEPTEMBER 11, 2024
Meeting Time: 3:00 p.m.
Meeting Location: Hofert Hall, Big Bear Lake Civic Center, 39707 Big Bear Boulevard, Big Bear Lake, CA 92315
COUNCILMEMBERS
MAYOR PERRI MELNICK
MAYOR PRO TEM KENDI SEGOVIA
COUNCILMEMBER RICK HERRICK
COUNCILMEMBER RANDALL PUTZ
CITY STAFF
CITY MANAGER ERIK SUND
ASSISTANT CITY MANAGER/CITY CLERK ERICA STEPHENSON
CITY ATTORNEY STEPHEN DEITSCH
__________________________________________________________________________________________
CITY COUNCIL SPECIAL MEETING
NOTICE & AGENDA
To:
Mayor Perri Melnick
Mayor Pro Tem Kendi Segovia
Councilmember Rick Herrick
Councilmember Randall Putz
City Manager
City Attorney
Division Managers
Local Media
NOTICE
NOTICE IS HEREBY GIVEN, that the City Council will conduct a Special Meeting on Wednesday, September 11, 2024, at 3:00 p.m., at 39707 Big Bear Blvd, Big Bear Lake, CA 92315; said meeting is being called pursuant to Section 54956 of the Government Code of the State of California for the purpose of considering the following matter:
AGENDA
OPEN SESSION
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
SPECIAL MEETING AGENDA
SEPTEMBER 11, 2024 – Page 2
PUBLIC COMMUNICATIONS NOTICE
If members of the public cannot attend the meeting, the City encourages the public to submit written public communications about any item on this special meeting agenda, to the City Clerk either in person, via mail or by email at [email protected]. Please identify the Agenda item in the header of your letter or the subject line of your email. All written communications received by the City Clerk prior to the meeting will be distributed to the City Council prior to the start of the meeting, however, the public is encouraged to submit comments by 5:00 pm the evening prior to the meeting to ensure adequate time for City Council review and consideration.
Public comment is permitted only on items included on the posted special meeting agenda and the public comment period will be held prior to City Council’s deliberation of each item. Please note that there is a three-minute maximum time limit when addressing City Council during that time period. The time limit is subject to adjustment at the discretion of the Presiding Officer. Speakers are limited to their individual maximum time limit and other members of the public cannot cede their speaking time to another person.
1. DISCUSSION/ACTION ITEM
1.1 ROLES OF CITY COUNCIL MEMBERS WHEN REPRESENTING THE CITY AT
VARIOUS AGENCY MEETINGS AND FUNCTIONS
Staff’s recommendation: Receive a staff presentation and file the report.
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 5th day of September, 2024. _______________________
Erica Stephenson, City Clerk
The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831. When possible, notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
MEETING
DATE: September 11, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Albert Maldonado, Assistant City Attorney
SUBJECT: Roles of City Council Members When Representing the City at Various Agency Meetings and Functions
BACKGROUND & DISCUSSION
At the August 14, 2024 City Council meeting, Councilmember Putz requested (which was supported by Councilmember Herrick) that staff include an agenda item on the next regular meeting date to assist the City Council in better understanding their roles and responsibilities when participating in meetings and/or attending functions of other local agencies. Some of the other agencies that the City Council are appointed to include, but are not limited to; the Big Bear Fire Authority, Mountain Transit, Mojave Desert Mountain Integrated Waste Joint Powers Authority, San Bernardino County Transportation Authority (“SBCTA”) and Big Bear Area Regional Wastewater Agency (“BBARWA”) (collectively referred to hereinafter as “other agencies”).
The City Council adopted by Resolution the “City Council Policy, Procedures, and Rules of Order Manual” (hereinafter, the “Manual”) on March 7, 2022, which will be helpful in this discussion.
Chapter 8 of the Manual discusses Communication and Representation. It explains that Councilmembers have two roles, one to represent the City in its entirety and a second to represent oneself as a private resident. It further explains that Councilmembers should state when they are speaking for a majority of the City Council and when they are instead speaking only for themselves expressing their personal views.
The Manual also addresses when Councilmembers serve as City representatives on the boards of commissions and/or committees of outside agencies in the region, such as the SBCTA, BBARWA, Mountain Transit, and others. Annually, the Mayor makes such appointments. The Manual states that, “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.” (See Ch. 9, Sec. IV(D) of the Manual)
As an example, the BBARWA Governing Board Handbook states, “Governing Board members do not represent any fractional segment of the community, but are, rather, part of the Governing Body, that represents and acts for BBARWA as a whole.” (See p. 8 of the BBARWA Handbook) There are some Attorney General Opinions that are also instructive. When a member agency appoints a representative to a position on another public agency board, they confer on that representative the responsibility for making the decision on that board. (See 83 Ops. Cal. Atty.
Item 1.1
Gen. 267 (2000)). The decisions are made by that appointed official, and that appointed official alone. City representatives may vote their conscience and the City Council cannot order that they vote a certain way. Additionally, the consideration of other local agency items at a member agency’s meeting prior to a decision by the other agency could raise significant due process concerns. (See 104 Ops. Cal. Atty. Gen. 34 (2021)).
Each City representative to the boards/commissions of other local agencies must balance their fiduciary duties to the local agency to which they were appointed with the interests of the City and of their own personal best judgment.
FISCAL IMPACT
There is no fiscal impact associated to receive and file this report.
RECOMMENDED ACTION
It is recommended that the City Council receive a staff presentation and file this report.
ATTACHMENT
None