Big Bear Lake Municipal Code Ch. 13.24 Water Service

This chapter is authorized by the provisions of the 1985 amendment to the Charter of the city of Big Bear Lake adding Sections 805 through 818 thereto.

(Ord. 89-172 § 1(part), 1989)

It is declared that by establishing a water power department and board of water and power, water and electrical service to the community can be improved and provided at a reasonable and predictable cost, and that all system revenues will remain in the community to be used for the funding, maintenance and distribution of services to users.

(Ord. 89-172 § 1(part), 1989)

There is created a board of water commissioners (hereinafter "the board") which shall exercise all of the powers of the city of Big Bear Lake in the purchase, supply, generation, distribution and sale of water and power, and related services, subject to such limitations as may be imposed by the Charter or this chapter.

(Ord. 89-172 § 1(part), 1989)

The board shall consist of five members appointed by a majority vote of the city council who, at the time of their appointment, and throughout their tenure on the board, shall either be from among the qualified electors residing within the city, or from among San Bernardino County electors residing in the area outside the city served by the department of water and power.

(Ord. 89-172 § 1(part), 1989; Res. No. 2010-39, § 5, 12-13-2010)

(Ord. No. 2025-521, § 9, 6-11-2025)

A. Proof of Residency Affidavit for Board of Water and Power Commissioner Applicant. In order to ensure a commissioner is an elector primarily residing in the city or a San Bernardino County elector primarily residing in the area outside the city served by the department, the applicant must provide to the city clerk the affidavit set forth in Section 1.12.060 of this Code. Commissioner applicants are required to file said affidavit with the city clerk no later than the thirty (30) days prior to city council appointment. The city clerk shall review and verify that the affidavit is complete and shall also verify with the San Bernardino County Registrar of Voters that the applicant is registered to vote at their declared primary residence as set forth in Section 1.12.070.

B. Annual Verification of Residency—Board of Water and Power Commissioners. To ensure that commissioners continue to meet the residency requirements set forth in Section 13.24.040 of this Code throughout their entire term in office, each commissioner's primary residency must be verified annually for each year in office. For this purpose, each commissioner then remaining in office shall submit to the city clerk a driver's license or other identification and an affidavit of continuing primary residency at those times and on those terms as set forth in Section 1.12.080 of this Code. The city clerk shall also verify with the San Bernardino County Registrar of Voters that the commissioner remains validly registered to vote at their declared primary residence in the driver's license or affidavit.

C. Failure to Provide Documents. Failure to provide any of the above-required documents or the registrar of voters' inability to verify that the commissioner applicant or sitting commissioner is registered to vote at their declared primary residence shall disqualify a commissioner applicant or sitting commissioner from meeting the residency requirements set forth in Section 13.24.040 of this Code. Willfully submitting false, forged, or altered documents shall also disqualify a commissioner applicant or sitting commissioner and constitute a misdemeanor violation in addition to any other legal remedy available to enforce a similar fraudulent act.

D. Transparency. The city clerk shall maintain at the city's website a record of board of water and power commission applicants and commissioner names, and all required supporting documents, consistent with applicable confidentiality laws, of all commission applicants and commissioners who have been certified to meet the residency requirements, and shall make said record and documents available for inspection at the city clerk's office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection, in accordance with the California Public Records Act or as otherwise required by law. The city clerk shall update the city's website to reflect commissioner verifications submitted in accordance with this section.

(Ord. No. 2025-521, § 10, 6-11-2025)

A. Commissioners shall serve for a period of four years, or until their successors are appointed, and such terms shall be staggered with the terms of two or three members expiring every two years, except that every fourth year the term of two or three commissioners shall expire.

B. The first commission appointed under this chapter, shall, at its first meeting, classify its members by lot so that two serve through June 30, 1991 and three serve, through June 30, 1993, four years. Successors to the first member shall be appointed for four-year terms. Terms expire on June 30th each year.

(Ord. 89-172 § 1(part), 1989)

Any member may be removed at any time for good cause by the affirmative vote of three members of the city council, following written notice of the charges and a hearing. The member or members shall be entitled to attend such public hearing and may be represented by counsel of the members' choice and expense.

(Ord. 89-172 § 1(part), 1989)

(Ord. No. 2025-521, § 11, 6-11-2025)

If a vacancy occurs otherwise than by expiration of a term, it shall be filled by a majority vote of the city council for the unexpired term.

(Ord. 89-172 § 1 (part), 1989)

Commissioners shall receive such compensation as the city council may fix from time to time by resolution, upon recommendation of the board.

(Ord. 91-202 § 2, 1991: Ord. 89-172 § 1(part), 1989)

The board may provide retirement or other benefits to commissioners and employees of the department as established for other city employees.

(Ord. 89-172 § 1(part), 1989)

No city employee or city council member may be appointed to, or shall serve as a commissioner.

(Ord. No. 2014-428, § 1, 3-10-2014; Ord. 89-172 § 1(part), 1989)

Without limitation, the board of water and power commissioners is authorized and empowered:

A. To establish and collect, water and power rates, capacity and connection charges, meter charges and such other fees and charges as may be appropriate in accordance with the city Charter;

B. To make rules and regulations governing the conduct of the board and its members, and the employees of the department of water and power, and provide compensation and benefits to which they may be entitled, as established by the city for its employees;

C. To control and order the expenditure of all money received from the sale or use of water and power for defraying of expenses, maintenance, repairs, construction, extension and operation of the power and water systems and for any expenses for additions to same;

D. To supply the department's customers with water and power for any and all purposes and adopt all necessary rules and regulations for the provisions of service;

E. To develop and recommend to the city council amendments to this chapter or the Charter;

F. To enter into contracts with any public or private agency for the exchange of water or power, provided that any such water or power so exchanged by the city shall be repaid in full to the city within a reasonable period;

G. To hold, lease, acquire and purchase property in the name of the city;

H. To dispose of property surplus to the needs of the water and power system; provided, that any sale, lease or disposal of its assets, including waters or water rights and property used in the generation of electrical energy, other than those unnecessary to the operation of the water or power systems, shall require the approval by the city council and of a majority of the qualified voters of the city;

I. To engage such legal services as may be required or require the services of the city attorney where not incompatible with his representation of the city;

J. To establish the office of ombudsman to provide an advocate for consumers and liaison between the board and the public concerning consumer affairs;

K. To exercise such additional powers and other duties as may be granted by the city council, or necessarily implied.

(Ord. 89-172 § 1(part), 1989)

A. Chief Accounting Employee. The chief accounting employee of the department shall be appointed by the board. The board shall determine and require an appropriate bond.

B. City Treasury as Depository. All sums received by the department shall be deposited in the city treasury to the exclusive use and credit of the water and power revenue funds.

C. Water Revenue Fund. Within the city treasury there is established a water revenue fund which shall be kept separate and apart from the other funds of the city, and shall be drawn upon only by demands authenticated by the signature of the chief accounting employee of the board. The revenues and proceeds from the sale of all water, water facilities or equipment, or otherwise generated by the water enterprise shall be deposited in the water revenue fund. The water revenue fund shall be used for the regulation, management, control, renewal, repair and extension of the water enterprise, payment of debt service and preacquisition costs therefor, costs of defense and payment of claims against the enterprise.

D. Power Revenue Fund. There is established a power revenue fund which shall be kept separate and apart from the other funds of the city, and shall be drawn only upon demand authenticated by the signature of the chief accounting employee of the board. The revenues and proceeds from the sale of all power, power facilities or equipment, or otherwise generated by the power enterprise, shall be deposited in the power revenue fund. The power revenue fund shall be used for the regulation, management, control, renewal, repair and extension of the power system of the city of Big Bear Lake, payment of debt service and preacquisition costs therefor, costs of defense and payment of claims against the enterprise.

E. Budget. The board shall initially adopt a budget for the department within four months of its first meeting, and thereafter shall annually adopt a budget for the department, showing the expected expenses and revenues of the water and power enterprises. The annual budget shall be forwarded to the city council at least thirty days prior to the end of the fiscal year of the city for incorporation into the budget of the city.

F. Loans. The board may approve and authorize loans to or from the funds subject to its control from or to city funds on a temporary basis.

G. Repayment of Costs Acquisition. The commission shall provide for repayment of all of the costs and expenses of acquisition of the water and power enterprise to the city from the funds of such enterprises, including financing costs, legal expenses, and debt service, in compliance with any applicable bond covenants, except to the extent expressly authorized by the city council.

(Ord. 89-172 § 1 (part), 1989)

The commission shall adopt rules for the transaction of business and shall keep a public record of its transactions, resolutions, findings and determinations. The first board appointed shall, within thirty days after confirmation by the city council, and thereafter their successors shall, every two years, meet and organize by the election of one of their number to be chairperson, and shall appoint a secretary who may be one of their number or an employee of the department. The board shall establish a schedule of regular meetings and shall meet no less than monthly. To the extent required by law these meetings shall be open and public.

(Ord. 89-172 § 1(part), 1989)

There is established within the city of Big Bear Lake the department of water and power, over which the board shall exercise all legislative, administrative, executive and ministerial authority, except to the extent reserved to the city council, or delegated by the board.

(Ord. 89-172 § 1(part), 1989)

The board shall appoint a general manager for the department, who shall be a full time employee of the department under the control and management of the board, charged with administering the affairs of the department, including the following duties:

A. To appoint, direct, discharge, suspend or transfer the employees of the department, other than the secretary of the board, and the chief accounting employee, subject to applicable rules and regulations of the city of Big Bear Lake;

B. To annually prepare a budget recommendation for consideration and adoption by the board for the operations of the department;

C. To file with the board and the city council a written monthly report on the work of the department;

D. To recommend to the board, for approval, the rates to be charged for water and electric energy at least every two years;

E. To exercise such further powers in the administration of the department as may be delegated by the board.

(Ord. 89-172 § 1(part), 1989)

The manager shall receive such compensation as the board shall, from time to time, determine. In addition, the manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties.

(Ord. 89-172 § 1(part), 1989)

It shall be the duty of the general manager to enforce all rules and regulations adopted by the board and the provisions of this chapter and to see that all contracts, permits and privileges granted by the board are faithfully observed.

(Ord. 89-172 § 1(part), 1989)

The board may remove the general manager at any time, with or without good cause, in its sole discretion.

(Ord. 89-172 § 1(part), 1989)

For the purposes of Chapter 2.44, the members of the board, general manager of the department, and such other employees as the board may, by resolution, designate shall be considered designated employees.

(Ord. 89-172 § 1(part), 1989)

A. Biennial Adoption. The board shall, not less often than every two years, establish rates and charges for water and power service in the manner required by law.

B. Procedure for Adoption. Such rates and charges shall be adopted by resolution of the board following at least one public hearing, noticed by publication of the proposed rates and charges at least fifteen days prior to the date of the hearing. Upon approval by the board, such resolution shall be forwarded to the city council. Upon receipt of the resolution the city council at its next regularly scheduled meeting following the board's action, the council may approve, conditionally approve or reject the proposed rates or charges, or set a public hearing to further consider the proposal. If the city council rejects or conditionally approves the proposal, it shall remand the proposal to the board for reconsideration.

(Ord. 93-232 § 3, 1993; amended during March 1993 supplementation; Ord. 89-172 § 1(part), 1989)

The department shall develop a master plan for the provision of water and power service to the service areas of the water and power system and to guide further expansion of the systems. The master plan shall include, but not be limited to:

A. A capital improvement plan for the development of the water and electrical system to ultimate capacity in a manner consistent with the general plan for service areas outside the city limits.

B. Identification of the major facilities required to be improved to remedy existing system deficiencies, and those required to be upgraded to serve new development.

C. Establishment of minimum fire flows.

(Ord. 89-172 § 1(part), 1989)

A. The board shall enter into a reimbursement agreement, in a form approved by the board, whenever in the opinion of the department a development requires the construction of a major facility to be oversized to serve needs in excess of those directly attributable to the development. The agreement shall provide for reimbursement of the incremental cost of the oversizing by:

1. Future users of the oversized facility, where service is extended to a new area or provides additional capacity for new development; or

2. The appropriate fund of the department, where the oversizing is required to construct a master planned facility for the benefit of the entire system; or

3. By both.

B. The requirements of such agreements shall be in addition to any other capacity or connection charges. The board may adopt rules and regulations establishing reasonable terms and conditions for reimbursement agreements.

(Ord. 89-172 § 1(part), 1989)

The board shall establish, by resolution, rules and regulations providing for notification of the department's intent to terminate water or electrical service for nonpayment, including personal delivery of notice to the extent required by law.

(Ord. 89-172 § 1(part), 1989)

Whenever there is any use of water or power in violation of this chapter or which otherwise causes or threatens to cause a condition of nuisance, the board may seek injunctive relief as may be appropriate to enjoin such violation or use.

(Ord. 89-172 § 1(part), 1989)

In addition to any other statute or rule authorizing termination of water service, the general manager may revoke a permit issued hereunder or terminate service if a violation of any provision of this chapter relating to the provision of water or power service is found to exist or causes or threatens to cause a nuisance.

(Ord. 89-172 § 1(part), 1989)

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.

(Ord. 89-172 § 1(part), 1989)

Any violation of this chapter or any rule or regulation issued hereunder is declared a public nuisance per se and shall be corrected or abated as directed by the general manager. Any person creating such a public nuisance is guilty of a misdemeanor.

(Ord. 89-172 § 1(part), 1989)