Dear Bear ValleySprings Residents,
In a previous update this past July, we informedresidents that the Bear Valley Community Services District (BVCSD) had askedthe California Fair Political Practices Commission (FPPC) for advice regarding Government Code Section 1090 and BVCSD's lease relationship with the Bear Valley Springs Association (BVSA).
The FPPC has now issued its advice, and the BVSA is pleased with the outcome. Please click on the link below to view the FPPC BVCSD Conflict of Interest Advice Letter:
2006 FPPC Advice Letter BVCSD Conflict of Interest
The BVCSD specifically asked whether Section 1090 prevents the BVCSD from approving its 2007Community Facilities Lease with the BVSA because BVCSD Board members are also BVSA property owners. The FPPC concluded that Section 1090 does not prevent the BVCSD fromapproving the 2007 Community Facilities Lease.
The FPPC determined that the rule of necessity applies because approval of the lease is an essential responsibility of the BVCSD andthe BVCSD is the government entity legally able to perform that function.
Based on this advice, which is on the BVCSD Board ofDirectors' Meeting Agenda for this Thursday, the BVSA is pleased to confirm that the 2007 Community Facilities Leaseremains in full effect. The BVSA will continue to operate and maintain the recreational facilities under the terms of that agreement.
BVSA also continues to disagree with the BVCSD's previous allegations that the Association is in default under the 2007 Community Facilities Lease. No court orgovernment agency has determined that the BVSA is in default. The FPPC advice provides an important clarification and removes the Section 1090 issue that had been raised regarding the BVCSD's ability to continue its lease relationship with the BVSA.
BVCSD received a separate letter from the FPPC regarding its request. BVSA also provided information to the FPPC, so the agency had the Association's perspective and a better understanding of the long-standingr elationship between the two organizations.
We recognize that the concerns and communications raised by the BVCSD throughout this process may have caused uncertainty or concern among our residents. We sincerely apologize for any stress or worry this situation may have caused our members. We know how important the recreational amenities and services are to our community, and we understand that residents want reassurance about their future.
BVSA believes this is a positive step and provides an opportunity for the parties to focus on the remaining issues. While the BVSA will continue to protect the rights and interests of the Association and its members under the 2007 Community Facilities Lease, we remain willing to discuss further negotiations with the BVCSD in the future.
Your BVSA Board of Directors will continue protecting the interests of our residents while preserving the recreational amenities and services that have served Bear Valley Springs for more than 50 years.
We will continue to keep all residents informed as discussions move forward.
Regards,
BVSA Board of Directors
