Bear Valley Springs Residents,

 

On behalf of the BVSA Board ofDirectors, I want to provide residents with an update on several importantmaintenance, repair, replacement, and renovation projects that Bear ValleySprings Association (BVSA) had planned throughout its Amenities this pastsummer.

 

Unfortunately, these projects havebeen delayed because of an ongoing disagreement with the Bear Valley CommunityServices District (BVCSD) regarding California prevailing wage requirementsand, and more recently, new additional changes that the BVCSD has added for theapproval of repair and maintenance projects that BVSA has historically managedand completed with no need for approval as part of its responsibilities underthe 2007 Community Facilities Lease.

 

In May 2026 BVSA requested BVCSD’sapproval to proceed with the Whiting Center Roof Shingle Replacement Project.The BVCSD insisted that the project was now subject to California prevailingwage requirements and requested that BVSA provide the BVCSD with a writtendetermination letter from the California Department of Industrial Relations(DIR) that the project was not a public works project and was not subject toprevailing wage requirements.

 

This represents a significantchange from how maintenance, repair, and replacement projects had been handledduring the previous 19 years. Since August 2026, the BVCSD has indicated thatits prevailing wage opinion not only applies to the Whiting Center Roofproject, but will also now apply to all other maintenance, repair, replacement,and improvement projects throughout the Association’s Amenities regardless,even if a Kern County Building permit is not required for a project.

 

As requested, BVSA has submittedmore than nine requests to the DIR seeking clarification regarding theapplication of prevailing wage requirements to these types of projects that arefunded through private reserves from the Association and its residents. Despitethese efforts, BVSA has not received a final determination from the DIR toresolve the issue and satisfy the BVCSD and get the projects approved.

 

Recently, we submitted areasonable interim solution to the BVCSD that would allow these importantprojects to move forward while the DIR review is pending. Unfortunately, theBVCSD is again delaying its response to our proposed solution, and no agreementhas yet been reached with the BVCSD that allows BVSA to proceed with theprojects. This continued uncertainty and continual change in the BVCSD’spositions and approval requirements are the reason for the delay/postponementof projects that were already planned, budgeted, and approved by the BVSA Boardof Directors for the 2026/2027 fiscal year. Listed below are the projects thatare still pending BVCSD approval:

 

Whiting Center Roof Repairand Shingle Replacement

The Whiting Center Roof ShingleReplacement Project remains one of our most important outstanding importantprojects. Following the August 5th Southern California Edison (SCE) electricalsurge incident, the Whiting Center was inspected by a Commercial BuildingInspector and the resulting report to identify the repairs needed to re-openthe Whiting Center also identified additional concerns regarding the conditionof the existing roof that needed to be addressed immediately.

 

This report was sent to the BVCSDin a second attempt to obtain approval for the project and avoid additionaldamage to the building as the forecasted El Nino weather pattern this winterapproaches. To date, we have not received any correspondence from the BVCSD.

We just want to make all residentsaware that, for safety reasons, if significant water intrusion and roof damageoccurs to the Whiting Center this winter, the ignored request for approval byBVSA to replace the roof shingles could potentially lead to additional closuresof the Whiting Center. These potential closures may displace children whonormally wait inside the Whiting Center during cold weather for school bus pickup and drop offs, cause cancellation or disruption of scheduled sportsactivities, recreation programs, and community events held at the WhitingCenter over the next several months. We will keep everyone posted but we arerunning out of time as winter approaches.

 

New Playground Equipment

The Whiting Center and Cub Lakeplayground equipment replacement projects have also been approved by the BVSABoard of Directors. These projects will replace existing playground equipmentand improve the recreational areas available to our residents and families.Because the installation will require building permits from Kern County, thenew playground equipment project was submitted to the BVCSD for approval inAugust. The playground projects for the Whiting Center and Cub Lake have alsonot been approved by the BVCSD.

 

Golf Course BunkerSand/Drainage Repair and Replacement Project

The Golf Course Bunker RenovationProject includes the much-needed replacement of bunker sand and improvements torepair bunker drainage. This is an important maintenance project for the GolfCourse and was also submitted to the BVCSD for approval in August. Like theplayground projects, the bunker renovation is currently delayed because of theBVCSD’s position regarding prevailing wage requirements with no legal basis orwritten determination from the DIR.

Equestrian Center ArenaFooting Repair and Replacement

If you remember, the Cattle ArenaFooting repair and replacement project was completed this past summer. Like theasphalt projects BVSA completed during the previous two years, the CattleAreana Footing repair and replacement did not require BVCSD approval.

 

The Main Arena footing, however,now needs to be addressed. BVSA has received a quote for the replacement of thefooting and was prepared to move forward pending approval by the BVSA Board ofDirectors. Following discussions at the BVCSD Liaison Committee meeting onAugust 6, 2026, the BVCSD General Manager, Beverli Marshall, has now determinedthat BVCSD approval is required before this project can proceed. This isanother significant approval change that contradicts the process that wasfollowed earlier this year for the Cattle Areana Footing repair and replacementwhen no approval by the BVCSD was required.

 

Phase III Asphalt Repair andReplacement Project

This summer’s Phase III AsphaltRepair and Replacement Project was scheduled to be completed as part of BVSA’sthree-year plan to repair and replace the remaining asphalt that needed to beaddressed throughout the Association’s Amenities. It is important to note thatthe asphalt projects completed during the previous two years did not requireBVCSD approval and were completed by BVSA as part of its ongoing maintenanceresponsibilities under the 2007 Community Facilities Lease. The final Phase IIIwork was scheduled to begin in August and included remaining areas at the OakTree Country Club, Driving Range Parking Area, Cub Lake Curbing/ Walking pathRepairs, Water Canyon Campground, and Town Center Campground.

 

Pursuant to the BVCSD’s change inposition and new approval requirements, even though no Kern County buildingpermit is required, BVSA also submitted this project to the BVCSD for approvalit was not approved by the BVCSD. Unfortunately, even if the project wasapproved today, it would have to be postponed until next year. Our contractor,Bowman Asphalt, advised us that performing asphalt replacement after Octoberwould carry increased risks of asphalt cracking and failure of the asphalt thatwould not be cured properly due to cold weather, rain and improper curingconditions.  

 

Over the past year, we understandthe residents’ frustration. BVSA shares that frustration and we have made everyeffort to take a responsible and thoughtful approach throughout this process toresolve these matters. We have repeatedly sought clarification from the DIR,engaged legal counsel, communicated with the BVCSD, participated in discussionsthrough the Liaison Committee, and continued to attempt to find an interimsolution that would allow necessary projects to proceed while the issues arebeing resolved with little to no cooperation by the BVCSD.

 

At this time, we want to assureeveryone that if the matter cannot be resolved with common sense and mutualcollaboration with the BVCSD or a written determination from the DIR, BVSA isconsidering other appropriate measures to protect its rights to fulfill itsobligations and responsibilities to the Bear Valley Springs community under the2007 Community Facilities Lease agreement with the BVCSD.

 

So, you have accurate informationregarding these matters, a copy of our Special Legal Counsel’s letter regardingCalifornia Prevailing Wage requirements that was sent to Beverli Marshall,General Manager of the BVCSD, is available to view online, please click in thelink below:

BVSASpecial Legal Counsel’s Letter to the BVCSD Regarding Prevailing Wages

We will continue to keep residentsinformed with accurate information as these matters develop andwe appreciate all the support we have received from you over the past year.

 

Sincerely,

 

Don Ciota, CMCA, AMS

General Manager / COO

Bear Valley Springs Association

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