CITY COUNCIL SPECIAL MEETING NOTICE & AGENDA
DECEMBER 11, 2024
Meeting Time: 4:00 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
COUNCIL-ELECT CHUCK HICKS
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
Council-elect Chuck Hicks
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, December 11, 2024, at 4:00 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
DECEMBER 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. CONSENT CALENDAR
1.1 ADOPT A RESOLUTION DECLARING THE RESULTS OF THE NOVEMBER 5, 2024
GENERAL MUNICIPAL ELECTION
Staff’s recommendation: Adopt a Resolution Reciting the Fact of the General Municipal Election Held on November 5, 2024; Declaring the Result and Such Other Matters as Provided by Law.
2. CEREMONIAL
OATH OF OFFICE ADMINISTERED BY CITY CLERK ERICA STEPHENSON TO
COUNCILMEMBER KENDI SEGOVIA AND COUNCILMEMBER CHARLES HICKS
ROLL CALL
3. DISCUSSION/ACTION ITEM
3.1 ROLES OF CITY COUNCILMEMBERS WHEN REPRESENTING THE CITY AT
VARIOUS AGENCY MEETINGS AND FUNCTIONS
Staff’s recommendation: Receive a presentation and provide direction to staff, as needed.
3.2 ANNUAL COUNCILMEMBER REORGANIZATION AND COMMITTEE/AGENCY
APPOINTMENT DISCUSSION
Staff’s recommendation: Each member of the City Council will discuss their interest in serving as the Mayor or Mayor Pro Tem and in participating on various Committees/Agencies in the upcoming 2025 calendar year.
SPECIAL MEETING AGENDA
DECEMBER 11, 2024 – Page 3
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 December, 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.
CONSENT CALENDAR REPORTS
MEETING
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, Assistant City Manager/City Clerk SUBJECT: Adopt a Resolution Declaring the Results of the November 5, 2024 General Municipal Election
BACKGROUND & DISCUSSION
California Elections Code 10262 (b) states that in a consolidated election, that the City elections official, upon receipt of the results from the Registrar of Voters, shall certify the results to the governing body, no later than the next regularly scheduled City Council Meeting or a special meeting following the canvass of the returns. Based on Elections Code 10263, before installing new officers, the City Council shall adopt a resolution reciting the fact of the election and declare elected the persons for whom the highest numbers of votes were cast for each office. On Tuesday, November 5, 2024, a General Municipal Election was held for the purposes of election of City Councilmembers from Electoral Districts 1 and 5.
The San Bernardino County Registrar of Voters has completed the canvass of the results and the appropriate Resolution has been prepare for adoption, which is attached to this Report. The results are attached as Exhibit “A” to this Resolution.
The total number of registered voters in District 1 is 528 and in District 5 is 621. The total number of ballots cast in District 1 was 415, which was 78.60% of the registered voters. The total number of ballots cast in District 5 was 469, which was 75.52% of the registered voters.
The results for the City of Big Bear Lake’s 2024 City Council district elections are as follows:
District 1
Jim Eakin (Write-In Candidate) – 29 votes
Kendi Segovia – 293 votes – elected as a member of the City Council for a term of four years District 5
Chuck Hicks - 229 votes – elected as a member of the City Council for a term of four years Jeff Holoubek - 173 votes
FISCAL IMPACT
There is no fiscal impact associated with this agenda item.
Item 1.1
ENVIRONMENTAL CONSIDERATIONS
The proposed action pertains to the organizational activities of the City and does not constitute a “project” under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA.
RECOMMENDED ACTION
It is recommended that the City Council adopt a Resolution Reciting the Fact of the General Municipal Election Held on November 5, 2024; Declaring the Results and Such Other Matters as Provided by Law.
ATTACHMENT
1. Resolution No. 2024-XX (including Exhibit A)
RESOLUTION NO. 2024-XX
RESOLUTION RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024; DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of Big Bear Lake, California on Tuesday, November 5, 2024, as required by law; and WHEREAS, notices of the elections were duly and regularly given in time, form and manner as provided by law; that candidates were nominated to fill offices as provided by law; that voting precincts//vote centers were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns were made and declared in time, form and manner as required by the provisions of the City Charter and the Elections Code of the State of California for the holding of elections in cities; and
WHEREAS, pursuant to Resolution Nos. 2024-23, 2022-24 and 2022-25, adopted on June 12, 2024, the San Bernardino County Registrar of Voters canvassed the returns of said elections and has certified the results to this City Council, said results are received, attached and made a part hereof as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Big Bear Lake hereby declares and determines as follows:
SECTION 1. That the whole number of ballots cast in the precincts including vote-by-mail ballots and provisional ballots are detailed in the Official Canvass attached as Exhibit A.
SECTION 2. That the names of persons voted for at the General Municipal Election for Member of the City Council were as follows:
District 1
Jim Eakin (Write-In Candidate)
Kendi Segovia
District 5
Chuck Hicks
Jeff Holoubek
SECTION 3. That the number of votes cast in each precinct, and the number of votes cast in the City for each of the persons above named for the respective offices for which the persons were candidates, are set forth in Exhibit A, which is attached hereto and incorporated herein by this reference.
Item 1.1
Attachment 1
SECTION 4. The City Council does declare and determine that as a result of the election:
(a) KENDI SEGOVIA was elected as Member of the City Council of said City for the full term of four (4) years from City Council District Number 1; and, (b) CHUCK HICKS was elected as Member of the City Council of said City for the full term of four (4) years from City Council District Number 5; and SECTION 5. The City Clerk shall enter on the records of the City of Big Bear Lake, a statement of the result of the election, showing: (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted; (4) The number of votes cast at each precinct for each person; and (5) The total number of votes cast for each person.
SECTION 6. That the City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duly authenticated; the City Clerk shall also administer to each person elected, the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
SECTION 7. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
SECTION 9. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 10. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED AND ADOPTED this 11th day of December, 2024.
Perri Melnick, Mayor
ATTEST:
Erica Stephenson, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
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 four; that the foregoing resolution, being Resolution No. 2024-XX was duly passed and adopted by the said City Council and attested by the City Clerk of said City, all at a special meeting of the said City held on the 11th day of December, 2024 and that the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Erica Stephenson, City Clerk
Item 1.1
Exhibit A
fl� Rts: IIWIV) .
,, 0 OUNTY Re 01strar of Voters
-�
2024 •
0 . -1'(. � on Results
-,
Final Certified Election Results
Next Update: Final Posting
ELECTION CONTESTS MENU
FILTER CONTESTS T I
Election Summary Report
San Bernardino County
General Election
November 5, 2024
Summary#26
City of Big Bear Lake Member, City Council District 1 (Vote for 1) Precincts Reported: 10 of 10 (100.00%)
Designated Polling
Mail Ballot Mail Ballot Place Provisional Total
Times Cast 359 0 49 7 415 / 78.60%
528
Undervotes 76 0 13 3 92
Overvotes 0 0 0
Designated Polling
Candidate Party Mail Ballot Mail Ballot Place Provisional Total KENDI SEGOVIA 256 0 33 4 293 90.99%
Total Votes 282 0 36 4 322
Designated Polling
Mail Ballot Mail Ballot Place Provisional Total
JIM EAKIN WRITE-IN 26 0 3 0 29 9.01%
Unresolved Write-In 0 0 0 0 0
DISCUSSION/ACTION
ITEM REPORTS
MEETING
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Stephen Deitsch, City Attorney
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 a future meeting 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 Item 3.1
representative the responsibility for making the decision on that board. (See 83 Ops. Cal. Atty.
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 presentation and provide direction to staff, as needed.
ATTACHMENT
None.
MEETING
DATE: December 11, 2024
TO: Honorable Mayor and Members of the City Council
THROUGH: Erik Sund, City Manager
FROM: Erica Stephenson, City Clerk
SUBJECT: Annual Councilmember Reorganization and Committee/Agency Appointment Discussion
BACKGROUND & DISCUSSION
The “City Council Policy, Procedures, and Rules of Order Manual” (hereinafter, the “Manual”) was established to provide the City Council documented procedures and practices to assist in guiding them through their governmental actions and conduct. Chapter 2 of the Manual discusses the topic of Council Election and Governance. This section is currently applicable as we quickly approach the end of 2024 and the City Council considers their annual reorganization appointments.
This chapter of the Manual provides the following direction, “…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 Councilmember and/or Councilmember-elect the opportunity to express their interests in becoming the Mayor or Mayor Pro Tem and/or in participating in various committees and agencies.”. Per the Manual’s direction this meeting is to be held in November, but since the City had to wait approximately 30 days for the San Bernardino County Registrar of Voters (ROV) to certify the November 5, 2024 election results, it was decided to include this item on a meeting date after the City Clerk received this certification. That would allow an opportunity for the Council-elect to be officially declared by the ROV and enable them to participate in the City Council’s annual appointment discussion. To further assist in this discussion, staff has attached a copy of the “2024 Mayor/City Council Local, Intergovernmental & Regional Representation List” as a helpful reference to the City Council and Council-elect as they consider their 2025 appointment requests.
FISCAL IMPACT
There is no fiscal impact associated with this item.
RECOMMENDED ACTION
It is recommended that each member of the City Council discuss their interest in serving as the Mayor or Mayor Pro Tem and in participating on various Committees/Agencies in the upcoming 2025 calendar year.
ATTACHMENT
1. 2024 Mayor/City Council Local, Intergovernmental & Regional Representation List Item 3.2
CITY OF BIG BEAR LAKE
2024 MAYOR/CITY COUNCIL LOCAL, INTERGOVERNMENTAL &
REGIONAL REPRESENTATION LIST
Approved 2-6-2024
Traditionally, after the annual reorganization, the newly appointed Mayor assigns Councilmembers to serve on various committees and regional organizations.
COMMITTEE DELEGATE/ALTERNATE MEETING
DATE/LOCATION COMPENSATION
California Joint Powers
Insurance Authority
Kendi Segovia
Bynette Mote (Alternate)
Annual Meeting
TBD N/A
Big Bear Area
Regional Wastewater
Agency (BBARWA)
Rick Herrick
Kendi Segovia
4th Wednesday
5 p.m.
BBARWA Administrative
Office
$150/each
approved day
of service
stipend
Big Bear Lake Fire
Authority
All Councilmembers serve
on this Board. Chair and
Chairman are appointed
annually by the Board.
Typically these meetings
are held bimonthly.
$130/per meeting
stipend
(maximum of 4 meetings
per month)
Big Bear Lake Fire
Protection District
All Councilmembers serve
on this Board.
Rick Herrick – Chair
Kendi Segovia – Vice Chair
Typically these meetings
are held 4 times a year.
$100/per
meeting stipend
Big Bear Lake
Successor Agency
Bynette Mote – Chair
Randall Putz – Vice Chair As Needed N/A
Item 3.2
Attachment 1
League of California
Cities – Desert
Mountain Division
(Any Councilmember can attend
General Membership meetings;
voting delegate required at
applicable meetings)
LCC Policy Committee
(Appointed by the LCC’S Division,
Department, Caucus, or
Presidential Appointment)
Randall Putz
(General Membership
Delegate)
Perri Melnick
(General Membership
Alternate)
Randall Putz
LCC Policy Committee
Friday/Bi-Monthly-varies-as
needed – locations vary
10:00 a.m.
Meet 3 times per year;
locations vary
N/A
N/A
COMMITTEE DELEGATE/ALTERNATE MEETING
DATE/LOCATION COMPENSATION
Mojave Desert
Mountain Integrated
Waste Joint Powers
Authority
Kendi Segovia
Bynette Mote (Alternate)
Quarterly
Victorville, CA
$75/per meeting
stipend
(mileage
reimbursement may
apply)
Mountain Transit Kendi Segovia
Perri Melnick
3rd Wednesday
10:30 a.m.
Locations Vary
$60/ per
meeting
stipend
Nay Foundation Rick Herrick Quarterly/As Needed N/A
San Bernardino County
Transportation
Authority (SBCTA)
Rick Herrick
Randall Putz (Alternate)
Board of Directors Meeting
1st Wednesday
10 a.m.
(committees are appointed by the
President, Executive Director or
by the Board)
General Policy Committee
2nd Wednesday
9 a.m.
Mountain/Desert Committee
3rd Friday
9:30 a.m.
$200/per Board
Meeting stipend
$100/per
Committee
Meeting stipend
$100/per
Committee
Meeting stipend
(mileage
reimbursement may
apply)
San Bernardino County
Solid Waste Advisory
Task Force (SWAT)
Kendi Segovia
Bynette Mote (Alternate)
April/October
San Bernardino, CA N/A
Southern California
Association of
Governments (SCAG)
(SCAG Regional Council and Policy
Committees are made through
SBCOG – San Bernardino County
Council of Governments)
Randall Putz
SCAG Regional Rep
Regional Council
1st Thursday
12:30 p.m.
Energy&Environment
Committee
1st Thursday
9:30 a.m.
$120/stipend for
both meetings as
they fall on the
same day
Or
$60/per meeting
stipend
COUNCIL AD HOC COMMITTEES (Appointed by the Mayor)
COMMITTEE COUNCILMEMBERS MEETING DATE/LOCATION COMPENSATION Audit Committee Randall Putz
Kendi Segovia As Needed N/A
FY Budget Committee Perri Melnick
Kendi Segovia As Needed N/A
Leisure Bear Mobile Home
Park Ad Hoc Committee
Rick Herrick
Kendi Segovia As Needed N/A
Vacation Rental Ordinance
Ad Hoc Committee
Perri Melnick
Randall Putz As Needed N/A