Service Review & SOI Update for the City of Big Bear Lake

LOCAL AGENCY FORMATION COMMISSION FOR SAN BERNARDINO COUNTY 215 North D Street, Suite 204, San Bernardino, CA 92415-0490 (909) 383-9900 • Fax (909) 383-9901 E-MAIL: lafco@lafco.sbcounty.gov www.sbclafco.org DATE: AUGUST 6, 2012 FROM: KATHLEEN ROLLINGS-McDONALD, Executive Officer SAMUEL MARTINEZ, Assistant Executive Officer MICHAEL TUERPE, Project Manager TO: LOCAL AGENCY FORMATION COMMISSION SUBJECT: Agenda Item #8: LAFCO 3125 - Service Review and Sphere of Influence Update for City of Big Bear Lake INITIATED BY: Local Agency Formation Commission for San Bernardino County INTRODUCTION San Bernardino LAFCO has chosen to undertake its Service Reviews on a regional basis. The Commission has divided the county into five separate regions, with the Mountain Region defined as generally being the territory of private lands within the San Bernardino National Forest encompassing the communities of Crest Forest, Lake Arrowhead, Hilltop, and Bear Valley. The Commission has adopted policies related to its sphere of influence program determining that it will utilize a community-by-community approach to sphere of influence identification. To date, the Commission has conducted service reviews for each of the four mountain communities. At the August 17, 2011 hearing, the Commission began its consideration of the Service Review and Sphere of Influence Update for the Bear Valley community agencies, which included the City of Big Bear Lake. However, at the request of the City and its Department of Water and Power (“DWP”), the Commission continued the City’s service review and sphere of influence update to the November 2011 hearing on the basis that additional time was needed to review areas of concern identified in the staff report related to the City. Prior to the November 16, 2011 hearing, LAFCO received another request from the City to continue the item again in order to address some of the issues related to its DWP. Then, at LAFCO 3125 City of Big Bear Lake August 6, 2012 the February 15, 2012 hearing, the Commission again continued the item to the June 2012 hearing in support of the City’s DWPs request for additional time to complete or, at least, finalize the initial talks with the other agencies (i.e. the Big Bear City Community Services District, County Service Area 53C, and the Lake Arrowhead Community Services District) regarding agreements/MOUs that have implications on the recommendations identified in the original service review report. Finally, at the June 20, 2012 hearing, the Commission continued the item one more time to this hearing to accommodate the City’s DWPs additional request for continuance until after it adopts its Urban Water Management Plan (“UWMP”), which was identified as one of the deficiencies of the City. During this period, the City’s DWP has been updating LAFCO staff with its efforts in resolving some of the issues, and both the LAFCO and the City’s DWP staffs have been working cooperatively in determining the extent of DWP’s actual service area. Based on these efforts that have been accomplished, which includes the adoption of its UWMP and submittal to the California Department of Water Resources, the Commission can now move forward with its consideration of the service review and sphere of influence update for the City of Big Bear Lake. LOCATION AND DESCRIPTION Below is a map that illustrates the LAFCO defined communities in the Mountain region. lS'i;J c:11-•- . • . • .. . r . - 00 • 7" - 1< • 1 - _, - ... - . , 2 LAFCO 3125 City of Big Bear Lake August 6, 2012 The Bear Valley community, as defined by the Commission, is generally situated at the east end of the Commission’s defined Mountain region, approximately 45 miles northeast of San Bernardino and 48 miles southeast of Hesperia. The community is accessed by Highway 18 from the west and north and Highway 38 from the east. The area includes the City of Big Bear Lake and the unincorporated communities commonly known as Big Bear City, Baldwin Lake, Erwin Lake, Lake Williams, Fawnskin, Sugarloaf and Moonridge. There are a number of lakes within the community including Baldwin Lake, Big Bear Lake, Erwin Lake, Lake Williams (formerly known as Deadman’s Lake), Bluff and Cedar Lakes. t f +- -+ + t- --1- l ~-'------.--'----'f----\-Bea~-Valley-Community~--+-~~.;.-._,- - - ~ I +- \:\ ,__,ttt r -~- . .t • ' 7- +- .0F - ..... •.' . •. ..L AKI ..... -!- ' ,ii :..Hilltop Communitv, l, LAFCO DEFINED BEAR VALLEY COMMUNITY CJ CIT'I' OF BIG BEAR LAKE J LAKES □ tAFCO DEFINED COMMUNITY BOUNDARIES The City is located in the Bear Valley community and its boundary encompasses approximately 6.43 square miles generally west of the unincorporated Big Bear City area (along Division Road and the Moonridge area), north of the southern foothills of the Bear Mountain and Snow Summit ski resorts, east of the Big Bear Dam, and south of the centerline of Big Bear Lake. A map of the City and its current sphere is shown below and is included as a part of Attachment #1. 3 LAFCO 3125 City of Big Bear Lake August 6, 2012 - ' f f r t.. ,,,.. ..v------' .• TWjill.OIE I ............ (i:1 . . ! . .....................= - . . I 1----i---- ------- -~-=••·••····••·•••·•·••·. . ··(······ ··········••-•. ..· •·•·•.:- ..................................................... : r····-·········:·· CITY OF BIG BEAR LAKE 1:1 ! : / CITY BOUNDARIES EXISTING COMMUNITY DEFINITION LAKES City and Sphere of Influence Boundaries - SPHERE OF INFLUENCE L°.".","'; BJG BEAR LAKE FPO (SUBSIDIARY) Public Service Providers within the City of Big Bear Lake The City is served by multiple public agencies. These include: Bear Valley Community Healthcare District o Big Bear Airport District o Big Bear Area Regional Wastewater Agency – a joint powers authority that provides o wastewater treatment to its member agencies. Big Bear Fire Authority – a joint powers authority between the Big Bear Lake Fire o Protection District (a subsidiary of the City) and the Big Bear City Community Services District created on June 21, 2012 to oversee and manage the operation of both agencies. Big Bear Lake Fire Protection District – a subsidiary district of the City providing fire o protection and emergency medical services within the City Big Bear Municipal Water District – responsible for the overall management of Big o Bear Lake. Big Bear Valley Recreation and Park District o Inland Empire Resource Conservation District (regional service provider) o San Bernardino Flood Control District (regional service provider) o Big Bear City Community Services District – provides fire protection and emergency o medical services within its boundaries but also provides ambulance and paramedic services within the overall Bear Valley community (including within the City of Big 4 LAFCO 3125 City of Big Bear Lake August 6, 2012 Bear Lake) and the rest of its Exclusive Operating Area as defined by the memorandum of agreement with the Inland Counties Emergency Medical Agency1. Organization of Services The preamble to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 20002 reads that while the Legislature recognizes the critical role of many limited purpose agencies, especially in rural areas, it finds and declares that a single multipurpose governmental agency accountable for community service needs and financial resources may be the best mechanism for establishing community service priorities. Further, the act states that the Commission may recommend governmental reorganizations to particular agencies using the spheres of influence as the basis for those recommendations. In previous service reviews/sphere of influence updates considered by the Commission, the Commission has recommended governmental reorganizations using spheres of influence 1 Since 1988, the County of San Bernardino Board of Supervisors has authorized the implementation of ambulance provision through Exclusive Operating Areas. The Inland Counties Emergency Medical Agency, a joint powers agency, is the local emergency medical services agency for San Bernardino County that defines each of the Exclusive Operating Areas for the ambulance providers. 2 Government Code Section 56001 et seq. Local Agency Formation Commissions (LAFCOs) in each county are governed by and are responsible for implementation of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. 5 LAFCO 3125 City of Big Bear Lake August 6, 2012 as the basis and signal for the recommendations. Such sphere of influence actions have included single spheres for overlapping and/or abutting agencies and zero spheres where service challenges are mounting. In the City of Big Bear Lake and the overall Bear Valley community, service challenges are increasing and more effective and efficient governance could be achieved through an eventual reorganization of the service providers within the community into a unified organization. However, given the historic opposition to a unification of service providers for the Valley by the communities, which staff believes continues today, voluntary reorganization of agencies (i.e. annexations, consolidations) with registered voter acceptance appears to remain unlikely. Nevertheless, the challenges of adequate service provision due to the economic realities have prompted several agencies in the Bear Valley community to share facilities and conduct joint operations. A few of these occurrences include, but are not limited to: • Big Bear Lake Fire Protection District (“Big Bear Lake FPD”, a subsidiary of the City), and the Big Bear City Community Services District (“CSD”) have formed the Big Bear Fire Authority, a Joint Powers Authority (JPA), created to increase efficiencies in providing fire protection and medical emergency services within their service areas. • Big Bear Lake FPD, Big Bear City CSD, and the San Bernardino County Fire Protection District (“County Fire”) have pooled resources and jointly operate a vegetation chipping program that is free to those who reside in Bear Valley. • The CSD’s Fire Station 292 is on land leased from the Big Bear Valley Recreation and Park District (“Park District”) for $1 annually. The station is located at an intersection which provides ready response in several different directions. • The Park District has plans to construct a new park, called Paradise Park. This park would be a 5.48 acre park at the east end of the valley on land that is owned by the CSD. The CSD has agreed to lease the property to the Park District for $1.00 per year for 40 years, with an option for the Park District to extend the lease for an additional ten years. Additionally, the challenges of adequate service provision due to the economic realities have prompted several agencies to consider reorganization of water and fire services, administratively and operationally. The two instances are: • Assumption of the City’s Department of Water and Power (“DWP”) retail water service by the Big Bear Municipal Water District (“MWD”). The MWD overlays the entirety of the City’s DWP service area (which includes the City and portions within Fawnskin, Sugarloaf, Moonridge, Erwin Lake and Lake Williams) and is authorized by LAFCO a water function. Although the MWD does not actively provide retail water, it does engage in other water activities. In this scenario, the MWD could assume the service responsibility of the City’s DWP and provide retail water. 6 LAFCO 3125 City of Big Bear Lake August 6, 2012 At the request of the City’s DWP, on April 25, 2011, a joint workshop took place between the City’s DWP and MWD regarding potential assumption of the DWPs retail service by the MWD. Potential benefits cited at the joint workshop include administrative economies of scale with a single agency managing surface water and groundwater. Additionally, and importantly to LAFCO, this option would allow for elected representation to determine rates and service criteria. Assumption of retail service by the MWD of the City’s DWP service area would not require an application to LAFCO since there would be no organizational change or change in boundaries for either the City (since the DWP is a department of the City) or the MWD (currently authorized the water function). However, at the July 21, 2011 meeting of the MWD Board of Directors, it decided to abandon its potential acquisition of the City’s DWP indicating higher retirement costs for its employees, but more importantly, indicating that the proposed acquisition would negatively impact the mission of the MWD. Nonetheless, LAFCO staff continues to support having a single entity responsible for surface and groundwater management in the valley as a whole, which would include the areas of the DWP (incorporated and unincorporated) and the Big Bear CSD area. LAFCO staff expresses its hope that this option is considered again in the future as a first step toward addressing water service valley wide. • Consolidation of the City’s subsidiary Big Bear Lake FPD and the Big Bear City CSD fire and emergency medical services. Efforts toward consolidation of fire related activities have been unsuccessful in the past. Although true consolidation has not occurred, steps towards moving into a single agency have been taken. This process began when both agencies proposed a contractual agreement to share a single fire chief guiding administration, fire prevention, operations, and support services. The second step was taken on June 2012, with the creation of the Big Bear Fire Authority, a Joint Powers Authority (JPA) between both agencies, with the ability to manage jointly (acquire, purchase, operate, repair, maintain, dispose) its existing and future fire prevention and suppression equipment. It also has the ability to manage (combine, share, employ or hire, retain or release) the agencies fire and medical administrative services personnel and their fire and medical operations personnel. The JPA, which is its own entity with its own budget and its own governing body (currently a 10-member board comprised of the members of the Big Bear Lake FPD and CSD boards), will oversee the management and operation of both agencies. The JPA may also be the framework to work towards a future full consolidation of both entities. The next step towards consolidation would be to work on the personnel component and bring the two labor units together under a single bargaining unit. Many of the agencies within Bear Valley have initiated earnest discussions on working jointly towards service efficiencies, looking toward the consolidation of services to address the needs of the community as a whole. Therefore, at this time staff is not recommending that the Commission signal its intent for governmental reorganizations using the service reviews and/or sphere of influence determinations as the basis for such changes. Rather, staff is recommending that Commission allow the interested agencies to continue 7 LAFCO 3125 City of Big Bear Lake August 6, 2012 discussions for potential changes with the request that the community identify a path for more effective and efficient service delivery. As a part of the next round of service reviews/sphere updates to be conducted in five years, these issues will be reviewed again in detail based upon the outcome of these discussions. Should efficiencies not be realized, staff would then recommend that future reorganizations be defined by the Commission through its sphere of influence program. 8 LAFCO 3125 City of Big Bear Lake August 6, 2012 COMMUNITY HISTORY The following provides a historical perspective of the community. The first section is a narrative history and includes information from the Bear Valley Community Plan. Big Bear Lake was inhabited by the indigenous Serrano Indians for over 2,000 years before it was explored by European settlers led by Benjamin Wilson. Once populated by only the natives and the grizzly bears, from which the received its name, Bear Valley grew rapidly during the Southern California Gold Rush from 1860 to 1912. In 1860, the discovery of gold in the area generated a flurry of mining activity; which in turn generated a need for timber. As a result, logging and sawmills also became a major activity in the area during this period. As the mines were being exhausted, livestock and cattle grazing activities began to flourish. Peak mountain cattle ranching lasted from about 1880 until the 1940s, concentrated primarily in the Bear Valley area. The Southern Pacific Railroad arrived in southern California in 1876 and the area began to grow rapidly. People looked to the mountains for additional water resources for their new agricultural communities. In 1883, Frank E. Brown organized the Bear Valley Land and Water Company, purchased land and in 1884, built the first dam in the area. The new mountain lake created by the 1884 dam began to attract recreational interests. In 1911, the present day multiple-arch dam, which tripled the capacity of the lake, was constructed. By 1915, the “101 Mile Rim of the World” highway was completed, and with the development of capable automobiles, the number of resorts in the area continually increased. By the 1920s the area rapidly became resort oriented and recreation replaced ranching and mining as the predominant economic stimulus for the area. In 1934, the Big Bear Sports District was formed to develop winter sports in the area and the first ski lift (known as Lynn Lift) was constructed in 1949. By 1952, three additional ski areas were developed in Big Bear: Rebel Ridge, Goldmine and Snow Summit. Two ski areas remain in operation today, Bear Mountain and Snow Summit. Hollywood soon discovered Big Bear, and several movies, particularly westerns, have been filmed in the region. The Big Bear Lake area was incorporated as a city on November 28, 1980. A brief history of the major governmental events for the City as well as the community as a whole, including its relationship with the Local Agency Formation Commission3, is described below, listed chronologically by end date: 1964 The County Board of Supervisors and the electorate approved the formation of the Big Bear Municipal Water District (“MWD”) for the purpose of attempting to stabilize the level of Big Bear Lake, owned by Bear Valley Mutual Water Company. 3 A more comprehensive history timeline can be found in the report titled “Service Reviews for the Bear Valley Community” dated August 9, 2011. 9 LAFCO 3125 City of Big Bear Lake August 6, 2012 1975-77 In 1975, the Commission received an application, initiated by registered voter petition, to incorporate the City of Big Bear Valley. The proposal encompassed the entire Bear Valley through a reorganization of the overlaying districts (LAFCO 1561). The Commission reviewed and the County Board of Supervisors approved the application which limited the proposed incorporation to the Big Bear Lake south shore area, described as generally the boundaries of the Big Bear Lake FPD and the Big Bear Lake Sanitation District. The Commission’s decision to reduce the area to that of the south shore only, excluding the communities of Big Bear City and Fawnskin, was in response to the large number of protest received from these areas. The Commission felt that the reduced alternative was the most feasible and most practical given the social and political make-up of the Bear Valley. However, at the November 1977 election, the incorporation measure was still defeated. (LAFCO has no record of the vote on this measure). 1980 The Commission received an application initiated by registered voter petition to incorporate the south shore of Big Bear Lake (LAFCO 2002). The Commission reiterated its position that the entire Bear Valley is a common service area and should be served by one centrally located government. Due to the failure of the previous incorporation attempt and the controversy surrounding the Commission’s position for a valley-wide incorporation, the Commission held a workshop, several hearings, and a community meeting as well as staff conducting a random survey regarding a valley-wide incorporation. Given the extensive opposition to a valley-wide incorporation, staff recommended and the Commission approved the incorporation proposal for the south shore only utilizing the boundaries of the Big Bear Lake Sanitation District as the boundaries for the new city. The Commission supported the alternative on the basis that the south shore was an identifiable community that had the economic and fiscal ability to support itself, the community should determine for itself if it wanted a locally elected government and the opposition expressed by the Fawnskin (north shore area) and Big Bear City residents appeared sufficient to defeat a valley-wide incorporation effort. The Commission’s approval also included the dissolution of the Big Bear Lake Sanitation District, the Big Bear Lake Vehicle Parking District No.1 and establishment of the Big Bear Lake FPD as a subsidiary district of the city. At the November 1980 election, 54% of the electorate voted in favor of incorporation (1,152 yes, 971 no). 1982 At the request of the City of Big Bear Lake, the Commission initiated a proposal to establish the sphere of influence for the City (LAFCO 2159). The Commission considered three options for the sphere establishment: 1. Establish a valley-wide sphere for the City; 2. Include the private lands on the north shore (Fawnskin), leaving the Big Bear City CSD unaffected; or 10 LAFCO 3125 City of Big Bear Lake August 6, 2012 3. Exclude both Fawnskin and Big Bear City, but include some portion of the lake and developing lands to the south of the city boundaries. After considering the extensive protest expressed for options 1 and 2 from those from Fawnskin and Big Bear City, the Commission instructed staff to propose a sphere which would not affect either Fawnskin or Big Bear City but which would provide for future annexation to the north and south. At the next hearing, the Commission established the sphere boundaries as follows: northern boundary – the high water line as established for Big Bear Lake plus areas 15 feet below the high water line for lands indicated for reclamation by the Big Bear MWD Shoreline Modification Plan; southern boundary – all privately-owned land south of existing city boundaries to the National Forest boundary; eastern and western boundaries – existing city limits. 1982-83 A property owner proposed to develop a 300-acre site (known as Castle Glen) that had 200 acres in the City of Big Bear Lake and 100 acres within the CSD. At the request of the property owner, a sphere of influence review of the Castle Glen area was initiated to assess which agency would best serve the entire development (LAFCO 2199). After receiving input from the City, the Big Bear City CSD, and other agencies, the Commission determined that the entire development could best be served if it were within the boundaries of the City. The Commission’s action resulted in all of Castle Glen being placed within the sphere of influence of the City and removed that same area from the Big Bear City CSD sphere. Following the sphere changes, the City initiated an application to annex the 100-acre area to the City and detached it from the Big Bear City CSD and CSA 53, which the Commission approved (LAFCO 2200). This proposal became commonly known as the Rebel Ridge annexation. 1986-89 The local retail water system operated by a private utility, the Southern California Water Company (“SCWC”), experienced ongoing complications which included, but were not limited to, water delivery stoppages, lack of water pressure, and leaky pipes. These issues created a health and safety concern to which the City of Big Bear Lake responded by filing an eminent domain complaint with the San Bernardino County Superior Court in 1986 regarding the Big Bear Water Systems owned and operated by the SCWC. When the City was considering condemnation proceedings for the SCWC water systems, it included the electrical utility operations of the SCWC in its 1985 City Charter amendment. Therefore, the portion of the City Charter that discusses the water utility also includes power thus the name of City of Big Bear Lake Department of Water and Power (“DWP”). Ultimately the electrical utility was not condemned. However, because the charter was already written, it remained as originally adopted. The City of Big Bear Lake took over the Big Bear Water Systems of SCWC in 1989 subsequent to the outcome of the condemnation proceeding and 1988 Court Order. SCWC's Big Bear service area included five licensed water 11 LAFCO 3125 City of Big Bear Lake August 6, 2012 systems: Lake Williams, Erwin Lake-Sugarloaf, Big Bear Lake-Moonridge, Fawnskin, and Rimforest. 2000 The City of Big Bear Lake initiated an application to expand its sphere of influence to include potential marina developments (LAFCO 2862). According to the staff report, the sphere expansion would allow for the coordination of service delivery to the marinas or land associated with the shoreline and would provide better direction to those seeking service. When the City’s sphere was established in 1982, the northern sphere was set at a line defined as “15 feet below the high water line for lands indicated by the Big Bear MWD Shoreline Modification Plan”. The northern sphere line posed problems for the surveyor in that it did not show the lands intended to be reclaimed. Therefore, for about 20 years the Commission had to periodically adjust the City’s sphere because of reclaimed lands and marinas which were wholly or partially beyond this designated line and only attached to dry land. The Commission modified and approved the proposal to utilize a combination of parcel lines, section lines and/or fractions of the sections to define the northern sphere boundary at the centerline of Big Bear Lake. 2004 The three fire protection agencies in the valley (Big Bear Lake FPD, the Big Bear City CSD, and CSAs 53 and 38 through the County) formed a reorganization committee to consider the possibility of consolidating fire services. The agencies expressed formal interest to LAFCO about possibly submitting an application for reorganization and requested LAFCO staff participation in their review. However, after many months of discussion the preparation of the plan for service, specifically related to the desired salary and benefits costs, resulted in the entities abandoning the reorganization proposal. 2008 The reorganization of the San Bernardino County Fire Protection District (LAFCO 3000), effective July 1, 2008, included the transfer of responsibility for fire services from CSA 53 and its Zone B (serving the Fawnskin area) and CSA 38 serving Baldwin Lake and the surrounding mountain areas to the Mountain Service Zone of the newly reorganized San Bernardino County Fire Protection District (“County Fire”). In addition, it included the sphere of influence territory for both the Big Bear Lake FPD and the Big Bear City CSD, both of whom provide fire protection, within their boundaries. It was stated during the considerations of LAFCO 3000 that County Fire would not oppose the future annexation of the sphere of influence territory to the respective fire districts. 12 LAFCO 3125 City of Big Bear Lake August 6, 2012 CITY OF BIG BEAR LAKE Service Review and Sphere of Influence Update INTRODUCTION: LAFCO 3125 consists of a service review for the City of Big Bear Lake (“City”) and its Department of Water and Power (“DWP”) pursuant to Government Code Section 56430 and sphere of influence update pursuant to Government Code 56425 for the City. The City incorporated in 1980 following both LAFCO and local voter approval. In 1983 the electorate approved the city charter, with amendments in 1985 and 2010. The city operates under the council-manager form of government. Five council members are elected at large for four-year overlapping terms with the mayor chosen on an annual basis by the members of the city council. As discussed in detail in this report, staff is recommending that the Commission expand the City’s sphere of influence by approximately 720 acres to match the Big Bear Lake Fire Protection District (“FPD”) sphere of influence (a subsidiary district of the City), thereby resulting in coterminous spheres for both the City and the Big Bear Lake FPD. Jurisdictional Issue The letter from the City of Big Bear Lake, dated July 25, 2011 (included as Attachment #6), related to the processing of its service review identified a specific area of concern related to issues along the shoreline of Big Bear Lake. The letter stated: “…the report does not address what entity would have jurisdiction to regulate marinas and floating structures. The City has entered into a MOU with the (Big Bear) Municipal Water District to provide very limited building department services but the MOU does not address land use matters, CEQA review or unpermitted construction. This conflict is ongoing and has the potential to expose the City, County and (Big Bear) Municipal Water District to litigation. These issues were not addressed in the report.” The background on this issue stems from the City’s incorporation when the north boundary was established utilizing the former Big Bear Lake Sanitation District’s boundaries, which ran along the high water line of the lake set at an elevation point. This boundary did not address the question of parcels. Because of dredging activities in the lake through the years the lakeshore has been altered through reclamation. In addition, due to recent drought periods, lower lake levels have simply exposed some of the lands along the lakeshore. Many of these lands, which are considered part of the lake and owned by the Big Bear Municipal Water District (“MWD”), are under the jurisdiction of the County – not the City. During the late 1980s and ‘90s the City and LAFCO addressed some of the areas related to these reclaimed lands through reorganization of City boundaries. These proposals also 13 LAFCO 3125 City of Big Bear Lake August 6, 2012 included addressing the issues of marina activities which required service from the Big Bear Lake FPD. The affected proposals are: LAFCO 2204, 2213, and 2218 related to the Willow Landing area; LAFCOs 2206 and 2863 related to the Pine Knot Landing area; LAFCO 2715 related to the Big Bear MWD facilities; LAFCO 2777 related to Lakeview Court; and LAFCO 2955 related to Holloways Marina. Even after these proposals addressed issues along the shoreline, some of the property owners along the lakeshore have developed pedestrian access to their floating marinas and boat houses. Other types of structures have also been built on these lands. See the aerial map below and the four examples of the typical shoreline formation of the lake and appurtenant structures: 14 LAFCO 3125 City of Big Bear Lake August 6, 2012 As shown on the detailed aerial maps, there are multiple structures and marinas that exist along the lakeshore. On at least one occasion, the Commission addressed the creation of a marina complex through the annexation process (Pine Knot Landing LAFCO 2863) which required concurrence from the MWD. These structures, which sometimes can straddle between the County and the City, have caused disagreement as to which agency has jurisdictional authority to approve or regulate the structures built on these lands. As a result, some of these structures have been built without any environmental review and/or appropriate permits. In LAFCO staff’s view, there are two options that the agencies involved can take in order to remove or minimize such problem: 1. Annexation In order to alleviate any jurisdictional confusion, one option is to annex the City’s existing sphere of influence within the lake. This places all of the south shore within the City’s jurisdiction. In doing so, there will be no confusion as to who has jurisdiction since land use authority and service provision along the south shore will entirely be with the City and its related service providers (i.e. Big Bear Lake Fire Protection District). It appears to LAFCO staff that such a change of organization would qualify for a reduced fee to clarify the service responsibilities in the area. 2. Memorandum of Understanding (MOU) Another option that can address some of the issues would be through a Memorandum of Understanding (“MOU”) between the agencies involved. LAFCO understands that an MOU exists between the County, the City and MWD. This agreement was entered into in order to ensure that the structures along the lakeshore were in conformance with applicable codes. However, the agreement only addressed plan checking, permitting, and inspection responsibilities between the County, the City, and the MWD. 15 LAFCO 3125 City of Big Bear Lake August 6, 2012 Therefore, it is LAFCO staff’s position that if annexation is not pursued, that the agencies consider a more comprehensive agreement that would also address CEQA review requirements, service provision, and development standards along the lakeshore. Such a review requirement could have been discussed during the mandatory negotiations required for the sphere of influence amendment as outlined in Government Code Section 56425. CEQA review, if not done properly, can expose the agencies to potential litigation but is currently the responsibility of the County with the City and MWD as interested or responsible agencies. Services along the lakeshore should be provided by the City and its related service providers since access to the lakeshore can only be through the City. Likewise, it would also be appropriate to have uniform development standards along the lakeshore, regardless of whether it is in the City or County. The staff’s position is that annexation is the optimal choice for correction of these issues and has expressed its willingness to work with the City and its subsidiary fire protection district to assist in accomplishing these changes. However, the MOU could provide for an interim step until such time as a reorganization of the boundaries can be completed. As of the date of this report, the City has not informed LAFCO of its preference on how it wishes to resolve this ongoing jurisdictional issue. 16 LAFCO 3125 City of Big Bear Lake August 6, 2012 CITY OF BIG BEAR LAKE SERVICE REVIEW At the request of LAFCO staff, the City prepared a service review pursuant to San Bernardino LAFCO policies and procedures. The response to LAFCO’s original and updated requests for materials includes, but is not limited to, the narrative response to the factors for a service review, response to LAFCO staff’s request for information, and financial documents (included as Attachments #3-5) related to the City and is component water operation under its Department of Water and Power (DWP). LAFCO staff responses to the mandatory factors for consideration for a service review (as required by Government Code 56430) are identified below and incorporate the City’s response and supporting materials. I. Growth and population projections for the affected area. Land Ownership The land ownership distribution and breakdown within the City’s boundary and current sphere are identified on the map below. Within its entire sphere, roughly 99% of the land is privately owned and the remainder, 1%, is public, which is devoted primarily to resource protection and recreational use. Land Ownership Breakdown (in Acres) Within the City of Big Bear Lake Ownership Type City Unincorporated Total Sphere Sphere Area Private 4,072 1,445 5,517 Public Lands – Federal (BLM), State, & others 40 0 40 Total 4,112 1,445 5,557 17 LAFCO 3125 City of Big Bear Lake August 6, 2012 The 40 acres of public land within the City’s corporate boundaries is within the San Bernardino National Forest (owned by the federal government). Land Use Below is a map that identifies the City’s 1999 General Plan land use designations for the study area. Approximately 6.6% is designated Rural Residential (5% of which is within the City’s unincorporated sphere area designated by the County as Rural Living, 40 acres minimum), 1.6% Equestrian Estates, 35.3% Single-Family Residential, 6.1% Multiple Family Residential, 10.3% Commercial and/or Industrial, 2.8% Village Specific Plan, 2.2% Public Facilities, 4.8% Open Space, 9.3% roads, and 21% is designated Big Bear Lake (within the City’s unincorporated sphere area designated by the County as Floodway). The commercial development within the City is generally located in the area commonly known as the Village, along Big Bear Boulevard (Interstate Highway 18), and some areas near and around the lakefront. 18 LAFCO 3125 City of Big Bear Lake August 6, 2012 Population Population Projections In 2000, the population within the City’s boundaries was 5,438. By 2010, the City’s population decreased by 7.9 percent to 5,019 mainly due to the economic downturn that happened a few years ago. According to the City, there has been sparse development and the tourism industry has been significantly impacted. The City also indicated that numerous jobs have been eliminated within the City. The projected growth for the City’s boundaries was calculated utilizing a combination of the growth rates identified in the Regional Council of the Southern California Association of Governments (SCAG) Draft 2012 Regional Transportation Plan (RTP) Integrated Growth Forecast for the City of Big Bear Lake for the given periods and the use of average annual growth rate. By 2040, the population within the City is estimated to reach 7,533. This represents a projected annual growth rate of approximately 1.36 percent between 2010 and 2040, which also represents a total population increase of 50 percent from 2010. 19 LAFCO 3125 City of Big Bear Lake August 6, 2012 Population Projection 1990-2040 Within the City of Big Bear Lake Census4 Population Projection 1990 2000 2010 2015 2020 2025 2030 2035 2040 5,351 5,438 5,019 5,3115 5,6196 6,0467 6,506 7,001 7,533 The population projection shown above may represent an unattainable growth trend based on the historic growth experienced in the community. In addition to the population decline experienced in the last 10 years, there are other circumstances in the City that tend to restrict growth such as availability of lands for development. Based on these issues, actual growth is expected to be much lower than projected. In order to represent a more realistic growth projection for the City, LAFCO staff revised the projected growth rate between 2020 and 2040 based on the growth rate projection identified in the Urban Water Management Plan recently prepared for the City’s Department of Water and Power, which had an annual growth rate of approximately 0.7 percent. As shown in the revised projection below, it is estimated that the population within the City is expected to reach only 6,460 (instead of 7,533) by 2040, or a total population increase of just 29 percent (instead of 50 percent) from 2010. Revised Population Projection 2010-2040 Within the City of Big Bear Lake Census Population Projection 2010 2015 2020 2025 2030 2035 2040 5,019 5,311 5,619 5,818 6,025 6,239 6,460 Build-out The table below provides the potential build-out within the City’s territory. This build-out scenario takes into consideration the existing land use designations assigned for the area and the dwelling unit densities assigned for each residential land use. 4 Data derived from the 1990, 2000, and 2010 Census for the City of Big Bear Lake. 5 2015 projection were calculated using Average Annual Growth Rate based on the compounded rate between 2010 and 2020 6 2020 and 2035 population data was taken from SCAG’s 2012 RTP Revised Draft Integrated Growth Forecast using local input and latest data from the 2010 Census, the California Employment Development Department, and the California Department of Finance - (published May 2011). 7 2025, 2030, and 2040 projections were calculated using Average Annual Growth Rate based on the compounded rate between 2020 and 2035. 20 LAFCO 3125 City of Big Bear Lake August 6, 2012 Land Use Maximum Build-Out Within the City of Big Bear Lake Land Use Acreage Density Maximum (D.U. Per Acre) Build-out (DU’s) Rural Residential (RR) 360 0.4 144 Equestrian Estates (EE) 90 1.0 90 Single Family Residential – 3 (SFR-3) 263 3.0 789 Single Family Residential – 4 (SFR-4) 1,699 4.0 6,796 Multiple Family Residential 332 12.0 3,984 Total Residential 2,744 11,803 The revised population projections identified earlier indicates that the population within the City’s territory will be 6,460 by 2040. Based on the maximum residential build-out within the City’s territory, the projected maximum population is anticipated to reach 28,5518. Likewise, based on the projected population for 2040, it is anticipated that the number of households within the City’s territory will be 2,671 with a maximum potential build-out to reach approximately 11,803. These imply that the study area will reach 23 percent of its potential household and population capacity by 2040. Population and Household Projection Within the City of Big Bear Lake Projection Maximum Ratio of 2040 2040 Build-out Projection with Maximum Build-out Population 6,460 28,551 0.23 Households 2,671 11,803 0.23 Additional Population Implications Lately, home foreclosures have also affected the City. According to data obtained from staff of the County of San Bernardino Assessor’s Office, from 2004 to 2006 the City had 13 foreclosures. The number rose sharply to 56 in 2007 and escalated to 132, 178, and 162 for the next three years. For the purpose of generally representing the extent of the foreclosure activity within the City, the 2010 Census identifies that there were a total of 9,705 housing units within the City and based on the foreclosure of 541 homes, this represents 5.6 percent of the total household units within the City. Additionally, not only does this imply an increase in vacancy rate, this also suggests a possible reduction in overall population. 8 Source: Persons per household @ 2.419 based on the ratio for the City of Big Bear Lake as identified in the State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, 2001-2010, with 2000 Benchmark. Sacramento, California, May 2010. 21 LAFCO 3125 City of Big Bear Lake August 6, 2012 In addition, the City’s population projections shown above also do not reflect the full extent of the economic and housing conditions for the City since these figures are for the permanent population and do not take into account seasonal and tourism activities. For purposes of planning and designing infrastructure and future service delivery, the seasonal population must be taken into consideration. Because the City is a year-round resort and tourist destination, the population can substantially increase during peak weekends. Not only does this have a significant impact on City services, it also has a long term economic impact on local, state and federal funding formulas that are based on permanent population and not based on actual demand. II. The location and characteristics of any disadvantaged unincorporated communities within or contiguous to the sphere of influence. Beginning January 2012, LAFCO is now required to determine the location and characteristics of disadvantaged unincorporated communities (hereafter shown as DUC). DUCs are those communities that have an annual median household income that is less than 80 percent of the statewide annual median household income, which is under $46,285 (defined by Government Code Section 56302). Based on the 2010 Census Bureau data9, the map below illustrates the areas within and around the City’s sphere of influence that are classified as disadvantaged unincorporated communities. 9 Median Household Income data is taken from the American Community Survey 5 year (2006-2010) summary using the block group level. 22 LAFCO 3125 City of Big Bear Lake August 6, 2012 By adoption of its policies related to defining a community adopted on June 20, 2012, there are no disadvantaged unincorporated communities within the City of Big Bear Lake current sphere of influence. The policy declaration reads as follows: “LAFCO shall utilize the ESRI Business Analyst Online, a web-based application, to develop the demographic data needed to define a “disadvantaged unincorporated community” as outlined in Government Code Section 56033.5. In addition, a community, as identified in this section, shall be defined as meaning an inhabited area that is comprised of no less than 10 dwellings adjacent or in close proximity to one another.” As shown on the map, a portion of the City’s unincorporated sphere is shown as disadvantaged; however, it is Big Bear Lake itself and does not contain 10 or more dwelling units. Therefore, it is not a community pursuant to Commission policy. The unincorporated community of Big Bear City and portions of the National Forest are considered disadvantaged unincorporated communities that are contiguous to the City’s sphere of influence. The unincorporated community of Big Bear City, which includes the unincorporated portion of the Moonridge area, is adjacent to the City’s eastern sphere of influence. The adjacent unincorporated community of Big Bear City is developed with mostly single-family residences with generally a BV/RS (Bear Valley/Single Residential) land use. 23 LAFCO 3125 City of Big Bear Lake August 6, 2012 III. Present and planned capacity of public facilities and adequacy of public services, including infrastructure needs or deficiencies. For this service review factor, referenced materials include the City’s 2006 Water Master Plan, 2009 Comprehensive Water Rate Study, 2010 Water Annual Report, 2010 Urban Water Management Plan, 2000 Park Master Plan, and 2003 Sewer Master Plan. The City directly provides water and sewer collection within its boundaries. However, it also provides water facilities outside of its jurisdiction that extend well beyond its corporate boundaries. The Big Bear Lake FPD, a subsidiary district of the city, provides fire protection and emergency medical response. As a municipality, the City is responsible for law enforcement within its boundaries and has chosen to contract with the County for law enforcement services tailored to its needs and financial resources. In addition, the City provides streetlighting, solid waste, road maintenance, and animal control services within its boundaries. The City also provides park and recreation services although the Big Bear Valley Recreation and Park District overlays the City and has facilities within the City. A. Water City of Big Bear Lake – Department of Water and Power The City operates its water system through its Department of Water and Power (“DWP”). As mentioned earlier, the City of Big Bear Lake took over the Big Bear Water Systems of Southern California Water Company (“SCWC”) in 1989. Although the City is the responsible entity, its charter and documents refer to the DWP as the water entity. As of 2010, the DWP provides water service to almost 16,000 customers from four separate water systems: Big Four (which is a combination of the Big Bear, Moonridge, Sugarloaf and Erwin Lake systems), Lake Williams, Fawnskin, and Rimforest. The “Big Four” system delivers water to four communities, but is licensed by the California Department of Health Services as two systems – Big Bear Lake/Moonridge and Erwin Lake/Sugarloaf systems. The “Big Four” system is the largest of the water systems with 13 pressure zones and approximately 14,320 active connections that serve the City, portions of Big Bear City, the unincorporated Moonridge area, and the unincorporated areas of Sugarloaf and Erwin Lake. The Lake Williams system, which serves the Lake Williams area has approximately 120 active connections and is supplied by three active groundwater wells that pump into a reservoir. The Fawnskin system, which serves the north shore area with approximately 710 connections, is served by two pressure zones with six groundwater wells that pump directly into the system or into its existing reservoirs. The DWP provides water to its Bear Valley customers by pumping ground water from local aquifers. Currently, no outside water source is available to augment the local supply. The Rim Forest system, which serves the unincorporated area of Rim Forest located in the Lake Arrowhead community, has approximately 300 connections. Water used in this system is purchased from the Crestline-Lake Arrowhead Water Agency (“CLAWA”) the state water project contractor for the area. The Big Bear Shores RV Resort system, although technically not considered a part of the DWP’s main water 24 LAFCO 3125 City of Big Bear Lake August 6, 2012 systems, serves a small RV Park along the north shore with a single connection that is served by two groundwater wells that pump into a small on-site reservoir. DWP Water Service Area There has always been confusion as to the extent of where the DWP provides water service outside of the City’s corporate limits. As identified earlier, the City of Big Bear Lake took over the Southern California Water Company’s (SCWC) Big Bear Water Systems in 1989. The Big Bear system includes areas located outside of the City’s boundaries: the unincorporated communities of Moonridge, Sugarloaf, Erwin Lake, Lake Williams, Fawnskin, and Rimforest. In 1994, when the Commission adopted policies related to the implementation of Government Code Section 56133 on Out-of-Agency Service Agreements, one of the policies it adopted was associated to the City’s acquisition of the SCWC’s system that included areas outside of its boundaries and outside of its existing sphere of influence. Back then, LAFCO staff requested that the City provide information on its existing area where it was obligated to serve. The City responded by providing LAFCO with copies of the certificated service area maps of the former SCWC’s Big Bear system as approved by the Public Utilities Commission (PUC). However, the PUC maps did not clearly show the boundaries of its existing service area. Not only were the boundaries vaguely delineated on the map, the boundaries were also not parcel specific. In addition, the maps did not accurately show all of the areas where the SCWC was providing a service – which included cabins within the US Forest Service (USFS) lands. Through the service review process, LAFCO staff and the DWP staff extensively reviewed its water service boundaries using not only the PUC maps, but also identifying all the parcel or lots that it currently serves including those USFS lands that are being served by the DWP (i.e. Bear Mountain and Snow Summit areas, Lakeview Tract, Pine Knot Tract, Metcalf Creek Tract, Big Bear Tract, and Willow Glen Tract). Copies of the information provided by the DWP related to the verification of its service area (dated December 9, 2011 and January 20, 2012) including all other correspondence related to its water service areas, are on file in the LAFCO office. In addition, LAFCO staff made adjustment to its water service boundaries to correspond to existing assessor parcel lines. The maps below, which are included as part of Attachment #2 to this report, illustrate the current DWP water service boundary as reviewed by LAFCO and DWP staff. These are to be used as the basis, under Government Code Section 56133, for defining the City of Big Bear Lake water service area as of January 1, 2001. Following the overall DWP water service boundary map are detail maps of the DWP water service areas that are outside of the City’s boundaries, which are also included as part of Attachment #2. 25 LAFCO 3125 City of Big Bear Lake August 6, 2012 Overall DWP Water Service Area Map: Detail Map 1: Fawnskin System and Big Bear Shores RV Resort System. The DWP will be allowed to extend service within these boundaries to any undeveloped parcel without necessity for additional approval by LAFCO under Government Code Section 56133. 26 LAFCO 3125 City of Big Bear Lake August 6, 2012 Detail Map 2 - Portion of Big Bear Lake System (North Shore Area): The DWP will be allowed to extend service within these boundaries to any undeveloped parcel without necessity for additional approval by LAFCO under Government Code Section 56133. Detail Map 3 - Erwin Lake System and Lake Williams System (including Camp Oakes): 27 LAFCO 3125 City of Big Bear Lake August 6, 2012 The boundary for the Lake Williams System reflects the inclusion of the Camp Oakes parcels, Assessor Parcel Numbers (APN) 0315-291-02, 03, 14, and 15 (shown in orange). The City’s DWP has identified that it has been negotiating with the property owners of Camp Oakes (Long Beach YMCA) regarding a mutually beneficial project in the community of Lake Williams. The DWP is interested in drilling a well within the camp property to serve the community. Likewise, the Camp Oakes people have voiced their interest in being served by the DWP since they do not want to be in the water business and would like to turn off their private wells and avoid the maintenance of their private facilities. LAFCO staff understands that an agreement is being developed at this time. Therefore, as part of the service review process, the City, through its DWP, would like to include the Camp Oakes parcels (APNs 0315-291-02, 03, 14, and 15) within its water service area. Because of the benefit of having a new well for the community of Lake Williams that is anticipated to remove the current building moratorium imposed on the community, and the property owner’s desire to do away with their obligation to maintain its own private water system, both of which are valid health and safety reasons, LAFCO staff supports this inclusion. For the balance of the service area, the DWP will be allowed to extend service within these boundaries to any undeveloped parcel without necessity for additional approval by LAFCO under Government Code Section 56133. Detail Map 4 - Portion of Big Bear Lake System (Metcalf Creek Area): The DWP will be allowed to extend service within these boundaries to any undeveloped parcel without necessity for additional approval by LAFCO under Government Code Section 56133. 28 LAFCO 3125 City of Big Bear Lake August 6, 2012 Detail Map 5 - Moonridge System, Sugarloaf System, and Portions of Big Bear Lake System (Pine Knot, Snow Summit, and Bear Mountain Areas): The Moonridge and Sugarloaf Systems reflects a possible future inclusion of a parcel, APN 2350-021-10 (shown in pink), into its boundaries. The City’s DWP has also identified that it would like to serve the balance of the proposed High Timber Ranch project (APN 2350-021-10). LAFCO staff understands that the project is not being developed at this time nor is it anticipated to be developed anytime soon based upon economic conditions. Although the parcel is adjacent to the DWP’s existing facilities, it is within the Big Bear City Community Services District (CSD) boundaries. In reviewing this potential service extension request, LAFCO staff identified to the DWP that it will support its request for a conditional approval for inclusion of the High Timber Ranch parcel, if the Big Bear City CSD indicates its inability to serve and consents to the DWP extension of service to the project. For the balance of the service area, the DWP will be allowed to extend service within these boundaries to any undeveloped parcel without necessity for additional approval by LAFCO under Government Code Section 56133. 29 LAFCO 3125 City of Big Bear Lake August 6, 2012 Detail Map 6 - Rimforest System (Lake Arrowhead Area): As a part of this service review process, LAFCO staff is recommending that the Commission accept the boundary shown above as the DWP’s current water service area for use under the provisions of Government Code Section 56133, noting that these services have existed prior to January 1, 2001 and therefore are grandfathered in. In the future, water service extension outside this defined water service area will require a sphere of influence amendment for the City of Big Bear Lake, and LAFCO review and approval of an out-of-agency service agreement under G.C. §56133 prior to contracting for the provision of service with the exception of the High Timber Ranch Project and Camp Oakes. A condition of approval is recommended that will allow for the extension of service to Camp Oakes immediately and High Timber Ranch upon notice from the Big Bear City CSD that it cannot serve and it consents to the DWP serving the project. Urban Water Management Plan Pursuant to the Urban Water Management Planning Act10, each urban water supplier shall update its plan at least once every five years on or before December 31, in years ending in five and zero, and shall file with the Department of Water Resources (“DWR”) a copy of the plan. In years ending in six and one, DWR submits a report to the State Legislature summarizing the status of the plans and identifies the outstanding elements of the individual plans. The DWP did provide its 2005 Urban Water Management Plan 10 California Water Code, Division 6, Part 2.6, Section 10610, et seq. 30 LAFCO 3125 City of Big Bear Lake August 6, 2012 (“UWMP”) to DWR, albeit with a late submission.11 For the 2010 UWMP, the DWR extended the 2010 submission date to June 30, 2011. The DWP has notified LAFCO staff that it adopted its 2010 UWMP on June 26, 2012, and submitted the document to the DWR on July 18, 2012 (copy included as Attachment #4). The following information regarding water supply, recycled water, water demand, and water conservations, is taken from the 2010 UWMP. Supply The City’s DWP primarily produces potable water from groundwater wells. These wells produce water from the subunits of the Bear Valley groundwater basin, through pumping or by gravity. The DWP does not currently use surface or imported water to meet its water demand, with the exception of the Rimforest area, which is served solely by imported water delivered from the Crestline Lake Arrowhead Water Agency (“CLAWA”). The DWP’s projected water supplies are shown below: These quantities are based on projected demands and meet all state water conservation requirements. As shown under Groundwater, the average annual demand is under the safe yield of the basin, which is 3,100 acre-feet per year (afy), and within DWP’s allocation. The perennial yield of the basin is estimated at 4,800 afy (Geoscience, 2006). The DWP distributes their potable water supply through a distribution system consisting of five water systems with 15 separate pressure zones, 176 miles of pipeline, 62 wells, 16 reservoirs, 12 booster stations, 41 pressure reducing valves, 26 chlorination stations, and 22 sample stations. The DWP operates a total of 62 wells, 39 vertical wells and 23 slant wells. For the Rimforest system, potable water meeting all state and federal drinking water standards is delivered from CLAWA to 11 California. Department of Water Resources, “Summary of the Status of 2005 Urban Water Management Plans”, Report to the Legislature. 31 December 2006. 31 LAFCO 3125 City of Big Bear Lake August 6, 2012 Rimforest, providing approximately 60 to 70 afy. Because the Rim Forest area is built out, demand is projected to only slightly increase in the future. Groundwater Groundwater underlying the DWP’s service area is of good quality and requires little treatment before use in the potable water supply system. Maximum perennial yield for the Bear Valley groundwater basin has been established at 3,400 afy with 3,100 afy of that volume being available to the DWP. Bear Valley lies in the northeastern portion of the Santa Ana River Watershed. The Bear Valley groundwater basin (Basin) is primarily composed of alluvium and the main tributaries include Grout Creek, Van Dusen Canyon, Sawmill Canyon, Sand Canyon, Knickerbocker Creek, Metcalf Creek, and North Creek. Based on the drainage system, Bear Valley is divided into 16 hydrologic subunits. None of the groundwater basins in the DWP service area are adjudicated. At present, no subunit within the Bear Valley groundwater basin is in overdraft. The DWP uses 62 wells to extract water from the Basin. Annual use of the groundwater is identified on the table below: Projections of groundwater to be pumped from the Basin are shown on the table below. Demand projections are based on the assumption that groundwater will be used to meet all of the DWP’s water supply in the Valley, and it is anticipated that the amount of groundwater pumped will gradually increase through year 2035. Groundwater wells will be added to the water systems as needed. 32 LAFCO 3125 City of Big Bear Lake August 6, 2012 Imported Water Imported water is only used to meet demands in the Rimforest community. This area is geographically separate from Bear Valley, located in the Lake Arrowhead community, and receives water from CLAWA. Typically, Rimforest’s annual demand is approximately 60 afy. Because Rim Forest is essentially fully developed, demand volumes are projected to only slightly increase between 2015 and 2035, as shown on the table below. Rimforest’s potable water demand will be supplied entirely through imported water from CLAWA as no groundwater wells exist in the area. Recycled Water The DWP does not have a recycled water system. The Big Bear Area Regional Wastewater Agency (“BBARWA”) provides wastewater treatment within its service area. BBARWA discharges the secondary wastewater treatment plant effluent to a 480 acre site in Lucerne Valley where it is used to irrigate feed crops, which currently operates at approximately 2.5 million gallons per day (mgd). The sludge is collected, dewatered, and hauled to disposal facilities. BBARWA is permitted to discharge treated wastewater for irrigation, construction compaction, dust control, and wildland firefighting in the Valley. Therefore, recycled water is not available and is not currently utilized in the DWP’s service area. In the DWP’s 2006 Water Master Plan, it was speculated that recycled water would best be utilized by the DWP if put towards groundwater replenishment. These findings were echoed in the DWP’s own Reconnaissance Analysis of Alternative Water Sources document from March 2010, listed below. 33 LAFCO 3125 City of Big Bear Lake August 6, 2012 Thus, groundwater or surface water replenishment is the primary projected uses of recycled water in the DWP’s service area. It was estimated that recycled water could potentially enhance the DWP’s water supply by up to 1,000 afy. Similarly, recycled water could be used enhance Bear Creek. Another application for recycled water is snowmaking, which currently requires water to be taken from Big Bear Lake. Finally, recycled water could be used to irrigate the Bear Mountain Golf Course, which currently irrigates with groundwater. This would allow the DWP to increase its pumping from the Rathbone Subunit. Demand As of 2010, the DWP maintains 15,738 water meters, in which 14,904 (95 percent) are residential while the rest were commercial and others types of connections. The historical water use is shown on the table below. 34 LAFCO 3125 City of Big Bear Lake August 6, 2012 The historical water use ranged from 110 to 77 gpcd during this span. Water demand began dropping in 2002, most likely due to water conservation efforts by the DWP. Per capita consumption continues to decrease gradually from its peak in 2001. Based on the projected trends in population and historical consumption rates, DWP’s projected future water demand is shown on the table below. The demand projection is based on a 0.7% growth rate beginning in 2010. 35 LAFCO 3125 City of Big Bear Lake August 6, 2012 Projected per capita water use for 2020 meets the requirements established in SB-7x7 for a 20 percent reduction in water use. Water Conservation The Water Conservation Act of 2009 (SBx7-7) requires that all water suppliers increase water use efficiency with the overall goal to decrease per capita consumption within the state by 20 percent by year 2020. The California Department of Water Resources (“DWR”) provided different methods to establish water conservation targets. The water conservation targets per method as developed with data provided by the DWP are shown below: The DWP decided to use Method 3, identified as the Hydrologic Region Method. This method identifies specific urban water use targets for each of the ten hydrologic regions. The DWP falls in Hydrologic Region 4 (South Coast) which has a target use 36 LAFCO 3125 City of Big Bear Lake August 6, 2012 of 142 gpcd for year 2020. Therefore, Method 3 will provide the DWP with the optimal conservation goal. Capital Improvement In FY 2010-11 the DWP completed $7 million in infrastructure improvements, split roughly two-thirds for system rehabilitation and one third for capital projects related to meeting peak demands and future growth. The focus of this capital investment program was to continue to improve fire flow throughout the system, replace aging wells, and increase overall pumping capacity to meet peak demands. It included three pipeline replacement projects; equipping two previously drilled wells; drilling two new wells; and evaluating additional sites for future wells. Additionally, the DWP developed an augmented inventory and database of the DWP's facilities. This database will provide the foundation for future long term infrastructure planning. For FY 2011-12, the DWP planned to replace aging and inadequate infrastructure systems – specifically pipeline replacement, well drilling and equipping, and seeking new well sites. This investment is made possible primarily through funding that is currently in process from the USDA and supplemented by revenues expected from the DWP’s nine percent rate increase effective July 2011. As of June 30, 2011, DWP has drawn $2,166,698 in proceeds from the 2010 USDA Bond for the construction and replacement of wells and pipelines within the DWP’s water systems. The balance of the 2010 USDA Bond is expected to be drawn in Fiscal Year 2012/13. When finalized, the additional funding will help to equip three wells and replace 13,300 linear feet of aging pipeline. With these projects completed the DWP will have replaced nearly 22,000 linear feet of pipe, and brought two new wells and three replacement wells on line. This addresses nearly all of the "Priority 1" projects identified in the 2005 Master Plan. Other minor projects to be funded from operating revenues include replacing pressure regulating valves, replacing hydrants, meters and meter boxes, and providing general professional services. Since acquiring the water systems in 1989, the DWP has invested substantial resources to reducing the number of water main leaks: 37 LAFCO 3125 City of Big Bear Lake August 6, 2012 Fire flow requirements are not met in all segments of the water system partially due to the age of the system and partially because fire flow requirements have changed. The 2006 Water Master Plan identified $110 million worth of needed system upgrades, most for fire flow. The DWP estimates that it will take 20 to 30 years to address all of the fire flow issues. Recommended improvements have been grouped into three priorities. Priority 1, concentrates on replacing a limited number of pipelines in the most fire flow deficient areas, developing new wells to augment supply, adding storage in the Fawnskin system and completing the facilities required to convey water from Barton to the future La Crescenta reservoir. According to the DWP, by the end of FY 2011-12 essentially all of the Priority 1 pipeline projects are estimated to be complete and will begin to address Priority 2 projects. Priority 2 focuses on replacing additional pipelines to augment fire flow capacity in all systems and augmenting capacity from local sources. Finally, Other Replacement Pipelines facilities include replacing all pipelines less than six inches in diameter that have not been considered under any of the two initial priorities. The total capital cost (2006 dollars) of the proposed improvements is summarized as follows: Priority 1 $ 11,950,000 Priority 2 $ 60,000,000 Other Replacement Pipelines $ 37,000,000 DWP customers can get a $100 rebate for replacing an old, high-flow toilet with a new, low-flow toilet that uses 1.6 gallons per flush or less. All DWP customers are eligible for free low-flow showerheads and aerators. The DWP will pay its customers $0.50 for each square foot of turf removed over 500 square feet. According to the DWP, it is still operating under a Stage 1 water shortage emergency pursuant to California Water Code 350 (for all service areas except Lake Williams, which is operating under a stage 2). The DWP limits new connections to 160 equivalent dwelling units (EDU) per year. The average home is equivalent to one EDU but larger homes can be equivalent to more than one. If there are unused EDU’s at the end of the 38 LAFCO 3125 City of Big Bear Lake August 6, 2012 fiscal year, then they are carried over to the next year. As of July 1, 2012, there are 575 EDU’s available to the public. According to the DWP, it has been selling an average of 25 EDU’s per year over the last few years and the most it has sold in a year is 300 EDU’s. Water Rates The residential retail water rates of the two retail water providers in the Bear Valley are identified in the chart below. Residential Water Rate Comparison (July 2012) (Rates measured in units, or one hundred cubic feet) Monthly Monthly Water Use Rate Meter Avg. Cost Agency Charge ( 2 0 units of Tier Tier Tier Tier (5/8” water) 1 One Two Three Four Meter) City of Big Bear Lake – Department of Water & Power $2.45 $3.40 $5.07 $8.36 $81.32 $110.72 Big Bear City CSD $1.48 $1.86 $2.21 -- $40.04 $69.64 Rates rounded to the nearest hundredth 1 Service Charge base rate includes 8 units B. Sewer The Big Bear Area Regional Wastewater Agency (“BBARWA”) is a joint powers authority formed for the purposes of planning and constructing sewer improvements to serve the member entities' service areas, obtaining State and Federal Clean Water grants, financing the local share of project costs, and operating the regional facilities. The member agencies are the CSD, the City of Big Bear Lake, and the County of San Bernardino on behalf of CSA 53 Zone B. Each member agency maintains and operates its own wastewater collection system and delivers wastewater to BBARWA’s interceptor system for transport to the wastewater treatment plant. The purpose of the plant is to treat sewage flows from the member agencies and to accept septic waste from residents and businesses, which are not served by a collection system. The treatment plant currently operates at about 2.5 million gallons per day. The effluent is discharged to farm lands in Lucerne Valley and the sludge is collected, dewatered, and hauled to disposal facilities off the mountain. City of Big Bear Lake The Public Works Sanitation Division services about 10,680 properties (13,270 equivalent dwelling units). The City’s sewer system consists of over 250 miles of sewer lines, 13 lift stations with 29 pumps (from a 2.5 horsepower to a 47 horsepower), and over 6,000 manholes. Pipeline materials include a combination of concrete irrigation pipe, vitrified clay pipe, cast iron pipe, asbestos cement pipe, and polyvinyl chloride 39 LAFCO 3125 City of Big Bear Lake August 6, 2012 pipe. Pipe sizes range from 4-inches to 24-inches in diameter, with over 90 percent of the system comprised of 6-inch and 8-inch diameter pipes. The system is divided into Assessment Districts and Tracts (there are 20 Assessment Districts and 15 Tracts within the City of Big Bear Lake). In Assessment Districts 1 through 8, the City is responsible for the main line and wye connections at the main. In Assessment Districts 9 through 20, the City is responsible for the main line and the lateral to the property line. In Assessment Districts 14 through 20 and in the tracts, the laterals have a locating device on the end of the lateral. The City has developed a Sewer System Management Plan (SSMP) pursuant to the State Water Resources Control Board Order 2006-0003. The SSMP describes the management, planning, design, operation and maintenance of the City's sewer sanitary sewer system. The goal of the SSMP is to minimize the frequency and severity of sanitary sewer overflows. The sewer system averages 13,500 GPM per month on out bound flows on larger stations, which more than doubles during the peak seasons. Collected flows are transported from the City to BBARWA for treatment with ultimate distribution to an alfalfa farm in Lucerne Valley. The sewer fee collected on the tax roll of $373.14 includes a component unit for BBARWA and a component unit for the City’s collection system. Sewer Rates for Fiscal Year 2012-13: AGENCY SEWER SERVICE FEE Bear Valley Community City of Big Bear Lake $31.10 monthly service charge; plus $373.14 per served parcel on tax roll for BBARWA charges and other City sewer related charges $62.20 is the monthly charge Big Bear City CSD $119.29 annual system maintenance charge* $173.76 annual BBARWA treatment charge* $24.42 is the monthly charge CSA 53B $55.82 monthly service charge Other Mountain Providers Lake Arrowhead CSD $45.50 monthly service charge CSA 79 $63.24 monthly service charge Arrowbear Park County Water District $30.00 monthly service charge Running Springs Water District* $27.45 plus 15% of water usage $3.00 wastewater pollution control plant loan repayment *Place on individual property tax bill annually C. Law Enforcement The City of Big Bear Lake also contracts with the San Bernardino County Sheriff’s Department for criminal law and traffic enforcement. The Sheriff also provides all required administration, dispatch and clerical service. Specialized services such as homicide, 40 LAFCO 3125 City of Big Bear Lake August 6, 2012 narcotics, child crimes, aviation, crime lab, and crime prevention are provided as part of the contract. The Sheriff’s Department maintains volunteer forces including Line Reserves, Search and Rescue, Horse Posse and Citizens on Patrol. The Big Bear Lake station is located at 477 Summit Boulevard. The contracted cost with the Sheriff since FY 2009-10 is as follows: 2009-10 ($2.29 million); 2010-11 ($2.42 million); 2011-12 projected year-end ($2.62 million); and 2012-13 proposed budget ($2.73 million). D. Streetlighting The City provides streetlights within its corporate limits. Bear Valley Electric owns the streetlights and responds to problems, and the City provides for payment of the utility costs associated with the individual lights. Since the data for streetlights within the City was not readily available, verification of streetlight location and/or totals was not performed by LAFCO staff. E. Solid Waste Big Bear Disposal provides curbside garbage and recycling service to the residents and businesses within the City of Big Bear Lake. In partnership with San Bernardino County and Big Bear Disposal, the City of Big Bear Lake supports a hazardous waste collection facility and several other programs to address household hazardous waste. The City also maintains two public trash and recycling sites, which serve both visitors and residents year round. The annual cost for this service is identified as follows: AGENCY SOLID WASTE/REFUSE FEE City of Big Bear Lake $264.49 Big Bear City CSD $116.58 Unincorporated County (not in BBCCSD) $85.15 F. Roads The City of Big Bear Lake is the responsible entity to provide road maintenance services within its boundaries. Exceptions include State Highways 18 which is maintained by Caltrans. The City manages and maintains approximately 90 miles of roadway within City limits and assures use of proper traffic control methods, proper signage, flow-lines, tree trimming, drainage, pothole repair, striping, snowplowing, and cindering. Snow removal is an expense which needs a substantial reserve to address fluctuations in the annual winter conditions. 41 LAFCO 3125 City of Big Bear Lake August 6, 2012 G. Animal Control The City of Big Bear Lake contracts with the County of San Bernardino for animal control and regulation through the County’s Animal Care & Control Program. H. Park and Recreation The City of Big Bear has a number of park facilities that it maintains: 1. Rotary Pine Knot Park (40798 Big Bear Boulevard) – a park facility with a 598 sq. ft. building (restrooms and storage area) and a 20,000 sq. ft. lawn area, a number of benches and picnic tables, and beach area (lake access). 2. Chamber Park (630 Bartlett Road) – a 2,785 sq. ft. park with a picnic table. 3. Veterans Park (40870 Big Bear Boulevard) – a park facility that includes a gazebo, picnic tables, lawn area, restrooms, and available parking 4. Boulder Bay Park (39080 Big Bear Boulevard) – Approximately 4-acre park facility that includes a fishing dock, gazebo, picnic tables, restrooms and parking area with at least 40 stalls. In addition, the Big Bear Valley Park and Recreation District, which is the park and recreation service provider for the overall Bear Valley community, including the City, has a number of park and recreation facilities within the City itself: 1. Meadow Park (41220 Park Ave, Big Bear Lake) 2. Moonridge Animal Park (43285 Moonridge Road, Big Bear Lake) 3. Big Bear Senior Center ( 42651 Big Bear Boulevard, Big Bear Lake) 4. Youth Center Skate Park – leased (40946 Big Bear Boulevard, Big Bear Lake) 5. Rainbow Kids Club – Child Care Program (Big Bear Elementary, 40940 Pennsylvania Avenue, Big Bear Lake) IV. Financial ability of agencies to provide services. For this section of the report, staff has reviewed the City’s budgets, audits, State Controller reports for cities, and County filing records. General Operations and Accounting Services provided by the City that are reported as governmental-type activities include general administration, police, fire protection, public works, and community development. These services are supported by property tax, sales tax, transient occupancy tax, use fees, interest income, franchise fees, state and federal grants, and other sources. The City’s water utility (Department of Water and Power) is supported directly through user fees and charges and is reported as a business-type activity. 42 LAFCO 3125 City of Big Bear Lake August 6, 2012 Component Units The reporting entity "City of Big Bear Lake" includes the accounts of the City, the Improvement Agency of the City of Big Bear Lake (Improvement Agency), the Big Bear Lake FPD, the Big Bear Lake Public Financing Authority (Financing Authority) and the Big Bear Lake Performing Arts Center Foundation. The Big Bear Lake Improvement Agency was a redevelopment agency of the City of Big Bear Lake that was formed in 1982. The purpose of the Improvement Agency was to eliminate deteriorating conditions and conserve, rehabilitate and revitalize project areas in accordance with the community development plan and annual work programs. In 1983, the Improvement Agency established two improvement areas – the Big Bear Lake Improvement Project Area and the Moonridge Improvement Project Area. Separate financial statements for the Improvement Agency are available at City Hall and on-file at the LAFCO office. Dissolution of Redevelopment Agencies All redevelopment agencies in the State of California were dissolved as of February 1, 2012. As provided for under the new law, each former redevelopment agency is to be governed by a "Successor Agency" and an "Oversight Board". On January 9, 2012, the Big Bear Lake City Council voted to assume the responsibilities of the Successor Agency for the former Big Bear Lake Improvement Agency. In general, all of the assets, properties, contracts, leases and records of the former Improvement Agency are to be transferred to the City Council. The City Council will in turn, be responsible for overseeing and winding down the remaining legal and contractual obligations of the agency. Essentially that obligation amounts to ensuring: the implementation of all existing contracts and agreements; payment of all existing indebtedness and financial obligations; and performing any required asset transfers or liquidations. Additionally, the City Council will be responsible for preparing an annual administrative budget and paying any unencumbered fund balances to the County Auditor-Controller for distribution to the local taxing districts. The Big Bear Lake FPD was formed on September 6, 1927, to provide fire protection and prevention in the Big Bear Lake area. As a part of the incorporation of the City, the District was established as a subsidiary district of the new City. Separate financial statements for the Big Bear Lake FPD are available at City Hall and on-file at the LAFCO office. The Big Bear Lake Public Financing Authority is a joint powers authority organized pursuant to a Joint Exercise of Powers Agreement dated as of November 28, 1990, by and between the City and the Improvement Agency. The Financing Authority is a separate entity constituting and was formed for the public purpose of assisting the City and Improvement Agency in financing and refinancing their projects and activities. The Financing Authority is governed by a board of directors consisting of members of the Improvement Agency Board and the City Council. Separate financial statements for the 43 LAFCO 3125 City of Big Bear Lake August 6, 2012 Financing Authority are not issued. The future of the Financing Authority is not clear at this time since the City’s Improvement Agency has been dissolved. One possibility is for the Big Bear Lake FPD to be placed as the successor to the Improvement Agency in the joint exercise of powers agreement. The Big Bear Lake Performing Arts Center Foundation, formed on July 12, 2004, is organized as a not-for-profit corporation and as a tax-exempt organization. The purpose of the Foundation is to promote professional events at the Performing Arts Center and reduce the amount of public funding used for these events. For financial statement purposes, the Foundation is reported within the General Fund. Separate financial statements for the Foundation are not issued. Long-Term Debt As of June 30, 2011, the City’s long term debt totaled $44.0 million, comprised of compensated absences, bond issuances, certificates of participation and loans. The table below, taken from the FY 2010-11 financial statements, is broken down by governmental and business-type activities. The City issued bonds totaling $35,200,000 in 1989 to purchase the water systems from Southern California Water Company. In April 1992, the City issued the revenue Refunding Bonds for $45,220,000 to refund the 1989 bonds. In 1996, the City again issued Refunding Revenue Bonds for $37,585,000 to refund the 1992 bonds. The 1996 Revenue Refunding Bonds are scheduled to mature in 2022 and cannot be refinanced by the terms of the loan. The balance as of June 30, 2011 was $26,855,000. On June 21, 1993, the DWP entered into a contract with the State of California Department of Water Resources to borrow an amount not to exceed $4,993,857 to replace water pipelines in the communities serviced by DWP. The total amount advanced was $4,885,814 and the project was completed during the fiscal year ended June 30, 1996. Principal and interest payments of $162,649 are due April 1 and October 1 of each year for 44 LAFCO 3125 City of Big Bear Lake August 6, 2012 20 years, scheduled to mature in 2016 and are taken from rates charged to those receiving service. The interest rate on the loan is 2.955%. On September 8, 2010, the City of Big Bear Lake Department of Water and Power (DWP) entered into a loan agreement in the amount $3,628,000 with the United States Department of Agriculture Rural Utility Services for the proceeds of its 2010 USDA Bond. The 2010 USDA bond loan has a term of 40 years and the interest rate is 2.375%. As of June 30, 2011, DWP has drawn $2,166,698 in proceeds from the 2010 USDA Bond for the construction and replacement of wells and pipelines within the DWP’s water systems. The balance of the 2010 USDA Bond is expected to be drawn in Fiscal Year 2012/13. The annual requirements to amortize the outstanding debt service requirements as of June 30, 2011, including interest, are as follows: Post-Employment Benefits Pension The City contributes to the San Bernardino County Employees' Retirement Association (SBCERA), a 1937 Act Retirement system, as a cost-sharing multiple-employer public employee defined benefit pension plan. According to the FY 2010-11 financial statements, the City has a zero net pension obligation. Other Post-Employment Benefits The City has no obligation to provide post-employment health care benefits for retirees. Net Assets In reviewing the City’s financial documents, Total Net Assets have increased by 20% since FY 2006-07 as shown on the chart below. As of June 30, 2011, the City had $84.9 million 45 LAFCO 3125 City of Big Bear Lake August 6, 2012 in net assets (of that amount $6.9 million is attributed to the water fund and $8.1 million to the Big Bear Lake FPD). Of Total Net Assets, approximately $3.0 million is unrestricted. NET ASSETS 2006-07 2007-08 2008-09 2009-10 2010-11 4-yr var. Assets: Capital assets, net of depreciation 7 5,698,186 7 6,359,570 7 6,372,900 78,840,111 7 7,656,686 3% Current assets 5 2,280,298 5 4,883,359 5 5,286,782 54,034,410 5 6,394,810 8% Total Assets 127,978,484 131,242,929 131,659,682 132,874,521 134,051,496 5% Liabilities: Current liabilities 4,953,105 4,847,690 4,316,837 4 ,876,252 5,100,327 3% Long-term liabilities 5 2,233,484 4 9,882,953 4 7,152,028 44,565,888 4 4,036,501 -16% Total Liabilities 5 7,186,589 5 4,730,643 5 1,468,865 49,442,140 4 9,136,828 -14% Total Net Assets $ 70,791,895 $ 76,512,286 $ 80,190,817 $ 83,432,381 $ 84,914,668 20% Net Assets: Invested in capital assets, net of related debt 3 6,123,640 3 6,139,337 3 8,671,323 43,875,369 5 0,509,475 40% Restricted 2 5,705,658 2 9,959,601 3 2,055,057 31,692,698 3 1,417,145 22% Unrestricted 8,962,597 1 0,413,348 9,464,437 7 ,864,314 2,988,048 -67% Total Net Assets $ 70,791,895 $ 76,512,286 $ 80,190,817 $ 83,432,381 $ 84,914,668 20% Net assets attributed to: Water activity 1,638,259 2,660,798 2,895,223 5,600,992 6,946,198 324% Big Bear Lake FPD 8,150,183 8,564,772 8,838,810 8,788,333 8,068,222 -1% Fund Balances and Cash Considering net assets does not indicate if an agency has enough fund balance to operate short and long-term operations. The chart below shows fund balances for the City’s governmental funds and cash for its business-type fund (water) for the past five fiscal years. For the governmental funds, fund balances have increased each year until FY 2009-10. Of all the individual funds that comprise Governmental activities, the General Fund and Sanitation Fund have significantly decreased in fund balance since FY 2006-07. Conversely, the cash balance of the Water Fund has decreased each year until FY 2009- 10, with a sharp increase in FY 2010-11. The reason for this activity is due to the City’s investment and capital projects for the water system during the past five years. Additionally, for FY 2010-11, the water activity’s revenues exceeded expenses by $1.4 million. 46 LAFCO 3125 City of Big Bear Lake August 6, 2012 Governmental Funds - Fund Balance 2006-07 2007-08 2008-09 2009-10 2010-11 4-yr var. General 1 3,189,432 1 1,872,664 1 1,280,235 9 ,427,423 1 0,606,308 -20% Fire District 3,615,980 4,240,785 4,516,898 4 ,274,958 3,674,531 2% Sanitation 3,305,294 2,821,009 1,877,526 2 ,137,634 2,224,228 -33% Other 9,617,785 1 2,678,996 1 5,868,100 15,413,458 1 4,326,321 49% TOTAL $ 29,728,491 $ 31,613,454 $ 33,542,759 $ 31,253,473 $ 30,831,388 4% Water Utility - Cash & cash equivalents Water Utility $ 5 ,011,913 $ 4 ,783,827 $ 4 ,668,486 $ 4,670,199 $ 8 ,970,518 79% General Fund As a measure of the general fund’s liquidity, it may be useful to compare both unassigned fund balance and total fund balance to total fund expenditures. At the end of the previous fiscal year, unassigned fund balance of the General Fund was $2.0 million, while total fund balance reached $10.6 million. Unassigned fund balance represents 18 percent of total general fund expenditures, while total fund balance represents 98 percent of that same amount. In general, it desirable for total general fund balances to be above 100% of general fund expenditures and healthy when over 125%. General Fund (GF) 2006-07 2007-08 2008-09 2009-10 2010-11 Total GF expenditures $10,267,711 $11,989,218 $11,436,699 $11,992,465 $10,792,619 Unassigned GF fund balance 2,964,149 2,280,517 1,625,030 1,003,981 1,967,053 (as a % of total GF expend.) (29%) (19%) (14%) (8%) (18%) Total fund GF balance 13,189,462 11,872,664 11,280,235 9,427,423 10,606,308 (as a % of total GF expend.) (128%) (99%) (99%) (79%) (98%) Revenues and Expenditures According to the City’s financial statements, the primary economic engines are tourism and building construction. When combined, property tax (21%), sales and use tax (11%), and transient occupancy tax (16%), comprise roughly 48% of the City’s annual budget. Although the economic downturn has resulted in a decrease in tourism statewide, the City’s proximity to the populated centers of southern California makes the area an alternative destination – offsetting the decline seen in other locations. As for building construction, the primary industry is custom homes as opposed to large-scale housing tracts. Although construction has declined, the decline has been less than that of other San Bernardino County areas. According to the Management Discussion and Analysis from the financial statements, many of the properties located within the City are high-end custom homes and second homes. This has limited the City’s exposure to foreclosures when comparing the City to other 47 LAFCO 3125 City of Big Bear Lake August 6, 2012 municipalities in the county. Nonetheless, the decline in assessed valuations has impacted the City, including the Big Bear Lake FPD and Improvement Agency. A review of the County Assessor’s “Assessment Roll Re-cap Totals” for the past six years identifies the City’s percentage change in assessed values as follows: 2007- increase 10.6%, 2008 – increase 6.7%, 2009 – decrease 0.6%, 2010 – decrease 2.1%, 2011 – decrease 1.5%, 2012 – no change. The following table, compiled from the three most recent financial statements, shows program revenues for the governmental-type of activities compared to the costs for providing the services. The net cost shows the financial burden (subsidy) that was placed on the City’s taxpayers by each of these functions. Net Cost of Governmental Activities 2008-09 2009-10 2010-11 Total Cost Net Cost Total Cost Net Cost Total Cost Net Cost of Services of Services of Services of Services of Services of Services General gov. 4 ,357,399 ( 3,313,495) 6 ,097,324 ( 4,994,723) 4 ,279,540 (2,949,676) Public Safety 6,463,702 ( 5,736,558) 7 ,530,668 (6,104,190) 7 ,627,438 (7,112,536) Comm. Devel. 2,760,282 ( 2,114,075) 4 ,566,255 (3,926,415) 5 ,835,247 (5,213,721) Culture 6 68,518 (420,406) 791,096 ( 661,689) 697,602 (156,990) Public Works 4,290,634 ( 1,521,546) 4 ,772,882 ( 915,780) 4 ,121,465 (320,170) Health & san. 6,202,929 ( 2,218,247) 6 ,119,809 (1,940,878) 6 ,406,281 (2,004,434) TOTAL $ 24,743,464 $ (15,324,327) $ 29,878,034 $ (18,543,675) $ 28,967,573 $ ( 17,757,527) Appropriation Limit (Gann Limit) Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative)12, the City is restricted as to the amount of annual appropriations from the proceeds of taxes, and if proceeds of taxes exceed allowed appropriations, the excess must either be refunded to the State Controller, returned to the taxpayers through revised tax rates or revised fee schedules, or an excess in one year may be offset against a deficit in the following year. Furthermore, Section 5 of Article XIIIB allows the City to designate a portion of fund balance of general contingencies to be used in future years without limitation. The City’s appropriation limit for FY 2012-13 was set by Resolution No. 2012-25 at $29,090,488. Section 1.5 reads that the annual calculation of the appropriations limit for each entity of local government shall be reviewed as part of an annual financial audit. A review of the financial statements for the past five fiscal years identifies that proceeds of taxes did not exceed appropriations. 12 In 1979 the voters amended the California Constitution by passing Proposition 4 (the Gann Initiative), requiring each local Government to set an annual appropriations limit (the Gann Limit). 48 LAFCO 3125 City of Big Bear Lake August 6, 2012 Department of Water and Power The DWP's primary source of revenue is from water user fees charged to residential and commercial customers throughout the water systems. However, in FY 2009-10, the DWP faced substantial increases in operating costs due to two approved rate increases for Bear Valley Electric. Additionally, effective January 1, 2010, a new law became effective in California establishing new lead-free standards for piping, which affects many components of the DWP's water system, including valves and meters. Based on this requirement, the cost of these components has increased by 30-35%. As a result, the DWP conducted a water rate study that indicates the need to continue funding capital projects through the rates. In turn, these funding shortfalls required increasing rates or drawing from reserves to resolve this situation and maintain prudent reserve levels. In the summer and fall of 2010, in accordance Proposition 218 guidelines, the City adopted a general water rate increase for both residential and commercial customers. The rate structure was also modified to more appropriately account for low water usage customers. The rate modification was designed to generate an overall nine percent increase in expected water service revenues to be effective on January 1, 2010, and a second nine percent increase to be effective on July 1, 2011. The purpose of this rate increase was to eliminate an $800,000 budget deficit (the total of the capital improvements funded through rates), so DWP could operate and maintain the water system in a manner that met all state and federal government water quality standards. Other Information In reviewing the budgets submitted for this review for the City as well as the separately published budget for the City’s DWP, the budgets include at least one year’s worth of actual financial data, as recommended by the Best Practices of the Government Finance Officers Association. However, the City’s budgets do not contain a qualitative analysis upfront or for each budget section which would assist the user to understand the year-to-year financial status of the city. Conversely, the DWP budget contains both an upfront and sectional qualitative analysis to accompany the qualitative data. V. Status of, and opportunities for, shared facilities. The City has identified that is does not currently share any structural facilities with other agencies. However, the City’s DWP has facilities within the boundaries of the Big Bear City Community Services District (“CSD”), and the Park District has parks located within the City. In addition to intertie connections between both water systems for emergency purposes, the City’s DWP and the CSD were also working on a project that would allow the CSD to bring a high-volume well online and would return water plus a surplus to the DWP to use for blending. However, due to lower water demand, the need for a wheeling and blending of water between the two agencies has been placed on hold at this time. 49 LAFCO 3125 City of Big Bear Lake August 6, 2012 VI. Accountability for community service needs, including governmental structure and operational efficiencies. Local Government Structure and Community Service Needs The City is a charter city and operates under the council-manager form of government. Five council members are elected at-large to four-year overlapping terms with the mayor chosen annually from within the members of city council. For the November 2010 general election, there were 2,977 registered voters within the City with a 71% voter turnout for that election. The City Council also serves as the Board of Directors of the Big Bear Lake FPD, its subsidiary district. The City Council meets on the second and fourth Mondays of the month at 6:30pm at the City Civic Center. The City Council convenes joint or separate meetings as the Council or the respective board of directors as necessary. The public is invited to all open session meetings. The budget is approved by the City Council at a public hearing, and financial reports are presented quarterly to the City Council by the Finance Director. Below is the composition of the current council, their positions, and terms of office: Council Member Title Term Bill Jahn Mayor 2012 Jay Obernolte Mayor Pro Tem 2014 David Caretto Council Member 2014 Liz Harris Council Member 2012 Rick Herrick Council Member 2014 City of Big Bear Lake Department of Water and Power Since 1989, the City of Big Bear Lake has provided retail water within and outside of the City limits through its DWP. The City Council appoints the five-member DWP Board of Commissioners to four-year terms, for a maximum of two consecutive terms. The current composition of the Board of Commissioners is as follows: Board of Commissioner Title Term Stephen Foulkes Chair 6/30/2015 William Giamarino Vice Chair 6/30/2015 Robert Tarras Treasurer 6/30/2015 Fred Miller Commissioner 6/30/2013 Don Smith Commissioner 6/30/2013 Of the five commissioners, only Mr. Smith is eligible for reappointment for an additional term. The rest will have to sit out a term before they are eligible for reappointment. The DWP conducts its own public hearings on the third Tuesday of each month at 9:00 a.m. at the DWP office located at 41972 Garstin Drive in Big Bear Lake. 50 LAFCO 3125 City of Big Bear Lake August 6, 2012 In essence, the City and its charter consider the DWP as a subsidiary or component entity, even though the DWP is not a separate legal entity. However, the DWP is a department of the City and not a component unit of the City. This is evidenced by the DWP not being required to have its own independent financial statements and water rate increases are first adopted by resolution of the DWP and then approved as an ordinance of the City to implement the rates. LAFCO staff does not have issue with this arrangement; however, it feels that additional measures can be undertaken to improve the transparency of the DWP, its structure, and its operations. First, the City and the DWP each adopts its own budget at its respective public hearing. Again, there is no issue with the DWP having its own budget, but as a department of the City, the DWP figures should be included in the City’s budget or at least referred to as a separate document. Additionally, absent from the organization charts that are in City budget and the DWP budget is the identification that the appointing body of the DWP Board of Commissioners is the City Council. Second, unlike the structure of the budget, as a department of the City the DWP water activity is included in City’s audit and is identified as a Business-type Fund. Conversely, the DWP does not issue its own financial statements that are independently audited. This operation is in contrast to the financial presentation of the City’s subsidiary fire protection district which is a component unit of the City. As a subsidiary district, the Big Bear Lake FPD is a separate legal entity and is required to conduct an independent financial audit. In looking at the both the City’s and the DWP’s documents, LAFCO staff recommends that the City and the DWP clarify the roles and activities of each entity in its respective documents. Doing so would allow the public to understand, for instance, that the DWP is a department of the City, its Board of Commissioners are appointed by the City Council, its budgetary information is included only in the DWP budget document, and that it’s independently verified annual financial information is included in the City’s audit. In 2001, the DWP and the City operated under a memorandum of understanding (MOU) which outlined the separation of funds and procedures between the City and the DWP. However, both entities have terminated that MOU effective April 30, 2011. Doing so transferred full administrative services from the City to the DWP and further removes direct City involvement in the operation of retail water delivery, except for the City Council appointment of the DWP Board of Commissioners and final approval of rate increases. According to the DWP, the transfer was completed in July 2011. In the opinion of LAFCO staff, this removal of responsibility underscores the issues identified above for an entity which is a part of the City government. Another concern originally identified by LAFCO staff is that those residents who reside within the DWP service area but outside of the City limits (making up approximately 40 percent of DWP’s customers) could not serve on the DWP Board of Commissioners – even though they receive direct service from the DWP. At the November 2010 election, 73% of the City’s electorate approved Measure W (71% turnout). The measure amended the City charter to make any elector of the area serviced by the DWP eligible for appointment to the DWP Board of Commissioners. Additionally, the measure prohibits City employees and commissioners and elected or appointed board members of any governmental agency 51 LAFCO 3125 City of Big Bear Lake August 6, 2012 having jurisdiction over any area served by the DWP from becoming or remaining members of the Board of Commissioners. To this date, none of the current board member is a resident from within the unincorporated portion of the DWP’s service area. The next opportunity for a resident to be appointed by the City Council to serve as a member of the board, who resides within the unincorporated portion of the DWP’s service area, will be in 2013. The new charter amendment does not require there to be representation from any certain areas. The board members will still be appointed based on who is best qualified for the position regardless of where they reside within the entire service area of the DWP. Therefore, the DWP could end up with five board members who all reside from the unincorporated service area, or they could all still be from the City, or a mixture of all the service areas, including Rimforest. Operational Efficiencies Operational efficiencies are realized through several joint agency practices, for example: • The incorporation of the City utilized the boundaries of the Big Bear Lake Sanitation District (“Sanitation District”). The Sanitation District was governed by the County Board of Supervisors; therefore, its employees were members of the San Bernardino County Employees’ Retirement Association (“SBCERA”). As a function of the incorporation, the retirement benefits of existing employees were to be maintained and SBCERA allowed the new city employees to remain within the system. The City continues to participate in SBCERA. SBCERA is a cost-sharing multiple-employer defined benefit pension plan operating under the California Employees Retirement Act of 1937. A review of the most recently available audit identifies a zero net pension obligation. • The City is a member of the Mojave Desert Mountain Integrated Waste Joint Powers Authority. The JPA plans and implements recycling and waste reduction programs. • The City of Big Bear Lake is a member of the California Joint Powers Insurance Authority. The Authority is composed of 122 California public entities and is organized under a joint powers agreement pursuant to California Government Code §6500 et seq. The purpose of the Authority is to arrange and administer programs for the pooling of self-insured losses, to purchase excess insurance or reinsurance, and to arrange for group purchased insurance for property and other coverage. • Big Bear Lake Nutrient TMDL Task Force - This is one of several Task Forces established through the Santa Ana Regional Water Quality Control Board to address specific watershed (in this case, Big Bear Lake) Total Maximum Daily Load (TMDL) development and issues related to the Basin Plan. The Task Force has used federal, state and local resources to collect and analyze the data needed to develop a formal TMDL. TMDL Task Force meetings are held at the San Bernardino Flood Control or Big Bear Municipal Water District offices approximately bimonthly. At these TMDL meetings, the Big Bear Lake stakeholders and Regional Water Quality Control Board staff are provided with an update of TMDL-related data collection and 52 LAFCO 3125 City of Big Bear Lake August 6, 2012 analyses efforts. The TMDL Task Force stakeholders consist of the following entities: • Big Bear Area Regional Wastewater Authority • Big Bear Mountain Resorts • Big Bear Municipal Water District • Caltrans • City of Big Bear Lake • Regional Board Staff • San Bernardino County Flood Control District • United States Forest Service Government Structure Options There are two types of government structure options: 1. Areas served by the agency outside its boundaries through “out-of-agency” service contracts; 2. Other potential government structure changes such as consolidations, reorganizations, dissolutions, etc. Out-of-Agency Service Agreements Government Code Section 56133 sets the parameters for extension of service by a public agency outside its boundaries. The DWP, as a department of the City, is constrained by these provisions and limited in its ability to serve outside the City’s assigned sphere of influence. As outlined in the Water Section of this report, LAFCO staff has worked with members of the DWP staff and Board of Commissioners to define the DWP service area as of January 1, 2001 to grandfather future service connections within these areas. There are two other areas which require further review: 1. Camp Oakes Parcels The City’s DWP has identified that it has been negotiating with the property owners of Camp Oakes (Long Beach YMCA), owners of Assessor Parcel Number (APN) 0315-291-02, 03, 14, and 15 (shown as orange on the Outside City Service Area - Erwin Lake and Lake Williams System detail map, which is part of Attachment #2), regarding a mutually beneficial project in the community of Lake Williams. As mentioned earlier, the DWP is interested in drilling a well within the camp property to serve the community. Likewise, the Camp Oakes people have voiced their interest in being served by the DWP since they do not want to be in the water business and would like to turn off their private wells and avoid the maintenance of their private facilities. LAFCO staff understands that an agreement is being developed at this time. Therefore, as part of the service review process, the City, through its DWP, would like to include the Camp Oakes parcels (APNs 0315-291-02, 03, 14, and 15) within 53 LAFCO 3125 City of Big Bear Lake August 6, 2012 its water service area and request that the Commission declare this future agreement as exempt from the provision of Government Code Section 56133. Because of the benefit of having a new well for the community of Lake Williams that is anticipated to remove the current building moratorium imposed on the community, and the property owner’s desire to do away with their obligation to maintain its own private water system, both of which are valid health and safety reasons, LAFCO staff supports this request. 2. High Timber Ranch Project The City’s DWP has also identified that it would like to serve the proposed High Timber Ranch project, APN 2350-021-10 (shown as pink on the Outside City Service Area – Moonridge, Sugarloaf, and Portions of the Big Bear Lake System detail map, which is part of Attachment #2). LAFCO staff understands that the project is not being developed at this time nor is it anticipated to be developed anytime soon. Although the parcel is adjacent to the DWP’s existing facilities, it is within the Big Bear City Community Services District (CSD) boundaries. In reviewing this potential service extension request, LAFCO staff identified to the DWP if the Big Bear City CSD determines that it will not extend water service to the High Timber Ranch parcel and consents to the City’s DWP serving the project, then LAFCO will support the DWP serving the project. The City will then, at some point in the future, need to request that the Commission declare this project as exempt from the provision of Government Code Section 56133(e), on the basis that the contract/agreement is between two agencies, “…where the public service to be provided is an alternative to, or substitute for, public services already being provided by an existing public service provider and where the level of service to be provided is consistent with the level of service contemplated by the existing service provider.” Other Government Structure Options The State has published advisory guidelines for LAFCOs to address all of the substantive issues required by law for conducting a service review 13. The Guidelines address 49 factors in identifying an agency’s government structure options. Themes among the factors include but are not limited to: more logical service boundaries, elimination of overlapping boundaries that cause service inefficiencies, economies of scale, opportunities to enhance capital improvement plans, and recommendations by a service provider. The following scenarios are not being presented as options for the Commission to consider for action as a part of this service review. Rather, a service review should address possible options, and the following are theoretical scenarios for the community to consider for the future. 13 State of California. Governor’s Office of Planning and Research. “Local Agency Formation Commission Municipal Service Review Guidelines”, August 2003. 54 LAFCO 3125 City of Big Bear Lake August 6, 2012 1. Jurisdictional Issue Along the Lakeshore As identified earlier, there are multiple structures and marinas that exist along the lakeshore that have caused disagreement as to which agency has jurisdictional authority to approve or regulate the structures built on these lands – that can sometimes straddle between the County and the City. As mentioned earlier, there are two options that the agencies involved can take in order to remove or minimize such problem. One option is to annex the City’s existing sphere of influence within the lake. This places all of the south shore within the City’s jurisdiction. In doing so, there will be no confusion as to who has jurisdiction since land use authority and service provision along the south shore will entirely be with the City. Another option that can address some of the issues would be through a Memorandum of Understanding (“MOU”) between the agencies involved. Although an MOU already exists between the County, the City and MWD, it only addressed plan checking, permitting, and inspection responsibilities between the County, the City, and the MWD. Therefore, it is LAFCO staff’s position that if annexation is not pursued that the agencies consider a more comprehensive agreement that would also address CEQA review requirements, service provision, and development standards along the lakeshore. 2. Department of Water and Power Service Area Again, as mentioned earlier, the City of Big Bear Lake took over the Big Bear Water Systems of the Southern California Water Company (“SCWC”) in 1989. In 1994, LAFCO granted the City of Big Bear Lake an exemption from the provisions of Government Code Section 56133 for the provision of water service within the State Public Utilities Commission assigned certificated service area for the former SCWC. SCWC's Big Bear service area included five licensed water systems: Lake Williams, Erwin Lake-Sugarloaf, Big Bear Lake-Moonridge, Fawnskin, and Rimforest. This has resulted in approximately 40% of the DWP customers being outside the city’s boundary and/or sphere of influence. This has produced two unique situations. A. Connections to new development outside City’s boundary. In 1994, San Bernardino LAFCO adopted an operating policy relating to the acquisition of a private water system by a public jurisdiction. The acquisition would require the city or district to continue the service and allow additional connections within the previously defined certificated service area without regard to an agency’s sphere of influence. However, amendments in 1999 to the statute allowing for out-of- agency service contracts (Govt. Code §56133) specified specific instances when service could be authorized outside an agency’s sphere of influence; which are to address health and safety concerns for developed areas only. In the opinion of LAFCO staff, the following scenarios are presented to address this service issue: • LAFCO could expand the City’s sphere of influence to encompass the entirety of the DWP service area. However, this would expand the City’s sphere over portions of the Fawnskin Community and other areas with historical opposition to ultimate inclusion into the City. In addition, this would also 55 LAFCO 3125 City of Big Bear Lake August 6, 2012 expand the City’s sphere over portions of the Big Bear City CSD area which would create an overlap of service providers and the potential for duplication of other services. • For Fawnskin -- County Service Area (“CSA”) 53 (through its Zone C) is authorized by LAFCO a water function/service, although it does not actively provide the service. One option would be for CSA 53 Zone C (as the responsible agency overlaying the service areas) to contract with the City to provide service to new development. Such a contract would be exempt from LAFCO approval and allow for the continuation of development related service extensions. The DWP and the developers of the “Moon Camp” project within the larger Fawnskin community, which is a proposed 50-lot residential development, have been working with the County on a 3-way Interconnection Agreement between the DWP, Moon Camp, and CSA 53 Zone C. A draft Memorandum of Understanding (“MOU”) has been developed; however, it has not been finalized by either of the parties involved since the project is not expected to take place anytime soon. • For Sugarloaf, Lake Williams and Erwin Lake – The Big Bear City CSD could assume the responsibility for the provision of retail water service for the areas within its boundary that are currently provided by the City. • The MWD overlays the entirety of the DWP service area within the Big Bear community and is authorized by LAFCO a water function. Although the MWD does not actively provide retail water, it does engage in other water activities. In this scenario, the MWD could assume the entire service responsibility of the DWP and provide retail water. At the request of the DWP, on April 25, 2011, a joint workshop took place between the DWP and MWD regarding potential assumption of the DWP retail service by the MWD. Potential benefits cited at the joint workshop include administrative economies of scale with a single agency managing surface water and groundwater. Additionally, this would allow for elected representation to determine rates and service criteria. Assumption of the DWP retail service by the MWD does not require an application to LAFCO since there would be no organizational change or change in boundaries for either the City (the DWP is a department of the City) or the MWD (currently authorized the water function). However, at the July 21, 2011 meeting of the MWD Board of Directors, it decided to abandon its potential acquisition of the City’s DWP. Nonetheless, it should be noted that LAFCO staff continues to support having a single entity responsible for surface and groundwater in the valley, which is still a viable option that should be reconsidered again in the future. 56 LAFCO 3125 City of Big Bear Lake August 6, 2012 B. Assumption of Rim Forest system by Lake Arrowhead Community Services District. As a condition of the City’s acquisition through condemnation, it was required to assume service responsibility for all of SCWC’s water service area in the mountains – which included the Rimforest system in the Lake Arrowhead community. In 2004, the Commission authorized the expansion of the Rimforest Service area to include the Mountain Pioneer Mutual Water Company due to the devastating effects of the Old Fire on the system, pursuant to Gov’t Code §56133(c). LAFCO staff broached the question of transferring this service obligation to the Lake Arrowhead Community Services District (“LACSD”) due to its proximity (the DWP is more than 30 miles away) during the Lake Arrowhead service review. The transfer of service would include the responsibility for service provision and the assets and debt obligations of the Rim Forest system. The LACSD indicated its interest in assuming service responsibility for this area as well as succeeding to the system’s assets. Both the DWP and LACSD had been working on the logistics of transferring the Rimforest system. Two issues that were being worked on related to the upgrade of the water meters and the handing of the outstanding balance of the DWP’s bond. A community meeting was even held on January 17, 2012. However, due to the sudden departure of LACSD’s general manager in April 2012, the DWP and LACSD are now ‘back to square one’ on negotiating the transfer of the Rimforest system. C. Another alternative that could address the issues surrounding the DWP would be to form an independent county water district. The DWP already operates with a separate board of directors, appoints its own staff, adopts its own budget, and prepares its own plans. In this scenario, the DWP could serve without jurisdictional issue within its boundaries and its board of directors would be elected by the voters within its boundaries. Formation of a new independent district would require an approval by LAFCO with an application submitted by the City, residents, or registered voters and an election for formation and selection of the Board of Directors. 3. Annexation of City Non-contiguous Properties The City owns a number of parcels in the unincorporated area that contain some of its facilities (i.e. DWP’s tank sites, wells, etc.). These non-contiguous parcels could be annexed into the City for as long as they are used for municipal purposes. As a cost savings measure, the City could benefit from tax exempt status for these parcels and would not be subject to paying the ad valorem property tax, currently estimated to be $82,283 for FY 2011/12. It is the understanding of LAFCO staff that the DWP, on behalf of the City, is interested in annexing the parcels that would qualify as City non-contiguous annexations. Other parcels owned by the City may also qualify under this provision. 57 LAFCO 3125 City of Big Bear Lake August 6, 2012 CITY OF BIG BEAR LAKE SPHERE OF INFLUENCE UPDATE SPHERE OF INFLUENCE Required Meeting between City and the County Pursuant to Government Code §56425(b), as a part of the sphere of influence updates for cities conducted by LAFCO, the cities and the County are required to meet and discuss the potential for coordination of land use within the sphere of influence of the city. Additionally, §56425(b) states that the commission shall give great weight to any agreement between the city and county, to the extent that it is consistent with commission policies, in its final determination of the city sphere. The City was made aware of this requirement during the service review/sphere update process initially and again in March 2011. To date, the City and the County have not met to discuss the City’s sphere. Absent a discussion between the City and the County, the Commission shall consider a sphere for the City consistent with its adopted policies (§56425(d)). County Development Code Chapter 82.22 establishes a “sphere standards overlay” to allow the implementation of County of standards that closely conform to city development standards. Adoption of such a sphere standard could “ensure that the County’s approval of a proposed development in a sphere of influence is consistent with the shared objectives of the County” and the city. LAFCO Staff Proposed Sphere Amendments: The City’s sphere is smaller than the sphere of its subsidiary fire protection district along its southern boundary. Further, the City’s sphere does not include territory located easterly of the dam (currently within the Fire District’s boundary and sphere). The Commission’s policy guidelines for spheres of influence outline its strategy to utilize a “community-by-community” approach to consideration. This practice requires the Commission to look at the whole of the community as defined by the existence of inter-related economic, environmental, geographic and social interests. The Commission’s concept is to define a community and adjust the spheres of influence for all related service providers to that community. Such a determination provides direction to both current and future residents as to the agencies designed to serve them. Staff is recommending the following sphere of influence amendments: • Expand the sphere for the City along the west by approximately 240 acres (Area 1) toward Big Bear Dam to include the area currently within the Big Bear Lake FPD’s existing boundary/sphere and include a portion of the lake. The intent is to maintain the City’s sphere of influence at the centerline of the lake, which reduces any potential service delivery confusing along the shoreline of the lake. The lands within the sphere of influence expansion are government lands with substantial residential development through assignment of possessory interests through government 58 LAFCO 3125 City of Big Bear Lake August 6, 2012 leases. These lands have substantial development ranging from modest cabins with an estimated value of $15,000 to large scale residential construction with an assessed value approaching $300,000; and, • Expand the sphere for the City along the south by approximately 480 acres (Area 2) to include an area currently within the Big Bear FPD’s existing sphere of influence. The lands included within this area are comprised of government parcels with no possessory interest assignments known to LAFCO staff. By placing these areas within the City’s sphere, Commission policy requires the City to prepare plans for the extension of service and incorporate all of its sphere of influence within its planning documents. CITY OF BIG BEAR LAKE CONCERNS: The letter from the City of Big Bear Lake dated July 25, 2011 submitting its comments on the draft report (included as Attachment #6) identified concerns related to the inclusion of government lands, specifically lands held by the US Forest Service in their sphere of influence. LAFCO staff has proposed the expansion of the sphere for two separate areas as shown on the map above. The City’s concerns are that development of the possessory interest leases of government lands are not subject to the standards of the County or in the future the City, thereby creating conflicts. Therefore, the City requests that the lands not be 59 LAFCO 3125 City of Big Bear Lake August 6, 2012 included within their sphere of influence. LAFCO staff concurs with the concerns expressed, but would identify that the concept of MOUs utilized for dock and other appurtenant development between the County, City and MWD could be sought for the land leases on federal land. As noted earlier in the report, the land leases within Area #1 are extensive and should have input regarding on-site waste disposal facilities, potable water supply, and other municipal level services given the development intensity. Pursuant to Government Code Section §56425(b), as a part of sphere of influence updates for cities conducted by LAFCO, the cities and the County are required to meet and discuss potential coordination of land use issues within the sphere of influence of the city and any anticipated sphere of influence change. The City was made aware of this requirement early on in the service review/ sphere of influence update process and again by letter in March 2011. As of the date of this report, LAFCO staff understands that this discussion has not occurred. As an element which could have been discussed as a part of this requirement, is the County’s sphere overlay policies related to spheres of influence and the potential for seeking coordination with the U.S. Forest Service for the lands within the expansion areas, most importantly Area 1. In addition, LAFCO sphere of influence policies direct that the service providers within a defined community be assigned coterminous spheres of influence. This in practice has led to determinations to assign coterminous spheres for a city and its subsidiary districts. Such a determination provides direction to both current and future residents as to the agencies designed to serve them by allowing the City and the subsidiary district to plan for the future provision of services utilizing the same boundary in its respective master plans, as well as providing for the understanding of the elected body for service delivery issues since they are the same. Additionally, in the possibility that the district is dissolved and becomes a part of the city, having coterminous spheres facilitates the process. As to the issue of government lands being included within cities, throughout the state and within San Bernardino County, there are cities that contain federal lands – either National Forest or Bureau of Land Management. An additional element in review of these concerns are that over the last several months the City’s subsidiary district, Big Bear Lake Fire Protection District (Big Bear Lake FPD) and the Big Bear City Community Services District (CSD) have reviewed and determined to pursue at least a functional consolidation for fire service due to economic circumstances. The efforts are outlined in three phases, with Phase 1 and Phase 2 accomplished through the consolidation of administrative services and the sharing of a Fire Chief as well as the creation of the Big Bear Fire Authority, a joint powers authority between the Big Bear Lake FPD and the Big Bear City CSD. These earnest efforts to work jointly are applauded by LAFCO staff. In the staff view, the potential for a consolidated fire presence for the area which would preclude a subsidiary district status should be considered in responding to the City’s request. Should the Commission feel it appropriate to modify the sphere of influence presented by LAFCO staff based upon the City’s concerns expressed in its letter and the staff’s response to them, staff would recommend that Area 2, excluding the area currently served by the 60 LAFCO 3125 City of Big Bear Lake August 6, 2012 DWP, be removed but that Area 1, due to its existing development, be a part of the City’s sphere of influence on the basis of its need for a broader range of services. FACTORS OF CONSIDERATION Government Code Section 56425 requires the Commission to make four specific determinations related to a sphere of influence update. The staff’s responses to those factors are as follows: I. Present and Planned Uses Overall, the City’s boundaries and sphere include the full range of land uses. The City’s General Plan designates approximately 6.6% as Rural Residential (5% of which is within the City’s unincorporated sphere area designated by the County as Rural Living, 40 acres minimum), 1.6% Equestrian Estates, 35.3% Single-Family Residential, 6.1% Multiple Family Residential, 10.3% Commercial and/or Industrial, 2.8% Village Specific Plan, 2.2% Public Facilities, 4.8% Open Space, 9.3% roads, and 21% as Big Bear Lake (within the City’s unincorporated sphere area designated by the County as Floodway). Within its entire sphere, roughly 99% of the land is privately owned and the remainder, 1%, is public, which is devoted primarily to resource protection and recreational use. The entire 720 acres being added to the City’s sphere of influence currently has limited development potential. 75% of the area is forest land owned by the Federal government. The remaining 25%, which is the lake portion of the sphere expansion area, is designation as Floodway. It should be noted that the 160-acre forest land westerly of the City’s boundaries is an area with multiple government land leased residential units and/or cabins, shown as possessory interests on assessment documents. The area receives fire protection from the Big Bear Lake Fire Protection District, which is already within the district’s boundaries. However, these dwelling units do not have access to sewer service and/or a domestic water supply. II. Present and Probable Need for Public Facilities and Services The City directly provides water and sewer collection within its boundaries. The Big Bear Lake FPD, a subsidiary district of the city, provides fire protection and emergency medical response. As a municipality, the City is responsible for law enforcement within its boundaries and has chosen to contract with the County for law enforcement services tailored to its needs and financial resources. In addition, the City provides streetlighting, solid waste, road maintenance, and animal control services within its boundaries. The City also provides park and recreation services although the Big Bear Valley Recreation and Park District overlays the City and has facilities within the City. 61 LAFCO 3125 City of Big Bear Lake August 6, 2012 Water The City operates its water system through its Department of Water and Power (“DWP”). As of 2010, the DWP provides water service to almost 16,000 customers from four separate water systems: Big Four (which is a combination of the Big Bear, Moonridge, Sugarloaf and Erwin Lake systems), Lake Williams, Fawnskin, and Rimforest. The “Big Four” system is the largest of the water systems with 13 pressure zones and approximately 14,320 active connections that serve the City, portions of Big Bear City, the unincorporated Moonridge area, and the unincorporated areas of Sugarloaf and Erwin Lake. The Lake Williams system, which serves the Lake Williams area has approximately 120 active connections and is supplied by three active groundwater wells that pump into a reservoir. The Fawnskin system, which serves the north shore area with approximately 710 connections, is served by two pressure zones with six groundwater wells that pump directly into the system or into its existing reservoirs. The DWP provides water to its Bear Valley customers by pumping ground water from local aquifers. Currently, no outside water source is available to augment the local supply. The Rim Forest system, which serves the unincorporated area of Rim Forest located in the Lake Arrowhead community, has approximately 300 connections. Water used in this system is purchased from the Crestline-Lake Arrowhead Water Agency (“CLAWA”) the state water project contractor for the area. The Big Bear Shores RV Resort system, although technically not considered a part of the DWP’s main water systems, serves a small RV Park along the north shore with a single connection that is served by two groundwater wells that pump into a small on-site reservoir. In FY 2010-11, the DWP completed $7 million in infrastructure improvements, split roughly two-thirds for system rehabilitation and one third for capital projects related to meeting peak demands and future growth. The focus of this capital investment program was to continue to improve fire flow throughout the system, replace aging wells, and increase overall pumping capacity to meet peak demands. It included three pipeline replacement projects; equipping two previously drilled wells; drilling two new wells; and evaluating additional sites for future wells. Additionally, the DWP developed an augmented inventory and database of the DWP's facilities. This database will provide the foundation for future long term infrastructure planning. For FY 2011-12, the DWP planned to replace aging and inadequate infrastructure systems – specifically pipeline replacement, well drilling and equipping, and seeking new well sites. Other minor projects to be funded from operating revenues include replacing pressure regulating valves, replacing hydrants, meters and meter boxes, and providing general professional services. Sewer The City’s Public Works Sanitation Division services about 10,680 properties (13,270 equivalent dwelling units). The City’s sewer system consists of over 250 miles of sewer lines, 13 lift stations with 29 pumps (from a 2.5 horsepower to a 47 horsepower), and over 6,000 manholes. Pipeline materials include a combination of concrete irrigation pipe, vitrified clay pipe, cast iron pipe, asbestos cement pipe, and polyvinyl chloride pipe. Pipe sizes range from 4-inches to 24-inches in diameter, with over 90 percent of the system comprised of 6-inch and 8-inch diameter pipes. 62 LAFCO 3125 City of Big Bear Lake August 6, 2012 The system is divided into Assessment Districts and Tracts (there are 20 Assessment Districts and 15 Tracts within the City of Big Bear Lake). In Assessment Districts 1 through 8, the City is responsible for the main line and wye connections at the main. In Assessment Districts 9 through 20, the City is responsible for the main line and the lateral to the property line. In Assessment Districts 14 through 20 and in the tracts, the laterals have a locating device on the end of the lateral. The sewer system averages 13,500 GPM per month on out bound flows on larger stations, which more than doubles during the peak seasons. Collected flows are transported from the City to the Big Bear Area Regional Wastewater Agency (“BBARWA”), a joint powers authority, for wastewater treatment. Park and Recreation The City of Big Bear Lake has a number of park facilities that it maintains: 1) Rotary Pine Knot Park, a park facility with a 598 sq. ft. building (restrooms and storage area) and a 20,000 sq. ft. lawn area, a number of benches and picnic tables, and has a beach area (lake access); 2) Chamber Park, a 2,785 sq. ft. park with a picnic table; 3) Veterans Park, a park facility that includes a gazebo, picnic tables, lawn area, restrooms, and available parking; and 4) Boulder Bay Park, a 4-acre park facility that includes a fishing dock, gazebo, picnic tables, restrooms and parking area. In addition, the Big Bear Valley Park and Recreation District, which is the park and recreation service provider for the overall Bear Valley community, has a number of park and recreation facilities also within the City: 1) Meadow Park, 2) Moonridge Animal Park, 3) Big Bear Senior Center, 4) Youth Center Skate Park – leased; and 5) Rainbow Kids Club – Child Care Program. III. Present Capacity of Public Facilities and Adequacy of Public Services The City provides or contracts for most municipal-level services within its jurisdiction, with the exception of fire service provided by the Big Bear Lake FPD, a subsidiary of the City. Overall, current facilities and services delivered are adequate. Water The City’s DWP primarily produces potable water from groundwater wells. These wells produce water from the subunits of the Bear Valley groundwater basin, through pumping or by gravity. Groundwater underlying the DWP’s service area is of good quality and requires little treatment before use in the potable water supply system. It is anticipated that the amount of groundwater pumped will gradually increase through year 2035. Groundwater wells will be added to the water systems as needed. According to the DWP, it is still operating under a Stage 1 water shortage emergency pursuant to California Water Code 350 (for all service areas except Lake Williams, which is 63 LAFCO 3125 City of Big Bear Lake August 6, 2012 operating under a stage 2). The DWP limits new connections to 160 equivalent dwelling units (EDU) per year. The average home is equivalent to one EDU but larger homes can be equivalent to more than one. If there are unused EDU’s at the end of the fiscal year, then they are carried over to the next year. As of July 1, 2012, there are 575 EDU’s available to the public. According to the DWP, it has been selling an average of 25 EDU’s per year over the last few years and the most it has sold in a year is 300 EDU’s. In addition, fire flow requirements are not met in all segments of the water system partially due to the age of the system and partially because fire flow requirements have changed. The 2006 Water Master Plan identified $110 million worth of needed system upgrades, most for fire flow. The DWP estimates that it will take 20 to 30 years to address all of the fire flow issues. Recommended improvements have been grouped into three priorities. Priority 1, concentrates on replacing a limited number of pipelines in the most fire flow deficient areas, developing new wells to augment supply, adding storage in the Fawnskin system and completing the facilities required to convey water from Barton to the future La Crescenta reservoir. According to the DWP, by the end of FY 2011-12 essentially all of the Priority 1 pipeline projects are estimated to be complete and will begin to address Priority 2 projects. Priority 2 focuses on replacing additional pipelines to augment fire flow capacity in all systems and augmenting capacity from local sources. Finally, Other Replacement Pipelines facilities include replacing all pipelines less than six inches in diameter that have not been considered under any of the two initial priorities. Sewer The City has developed a Sewer System Management Plan (SSMP). The SSMP describes the management, planning, design, operation and maintenance of the City's sewer sanitary sewer system. The goal of the SSMP is to minimize the frequency and severity of sanitary sewer overflows. IV. Social and Economic Communities of Interest The bulk of the commercial/retail activity for the Bear Valley community is located within the City, resulting in the City as the core of the social and economic community of interest for the overall Bear Valley community. In addition, the City is within the Bear Valley Unified School District, which is a regional entity servicing the Bear Valley community providing for a larger social unit for the eastern Mountain region. Economic communities of interest include the two ski resorts (Bear Mountain and Snow Summit), the Big Bear Lake itself and the recreational activities supported by the lake, as well as the commercial activities around the lake area, the Village, and along Big Bear Boulevard (State Highway 18). 64 LAFCO 3125 City of Big Bear Lake August 6, 2012 V. The Present and Probable Need for Public Facilities and Services of any Disadvantaged Unincorporated Communities Within the Existing Sphere of Influence for a City/Special District that Provides Public Facilities or Services Related to Sewers, Water, or Fire Protection. The disadvantaged unincorporated community within the City of Big Bear Lake’s sphere of influence is located at the western portion of the City’s unincorporated sphere, which is part of the proposed sphere expansion area, Area 1. The area is within the National Forest but has substantial residential development ranging from small cabins to large scale single family residences. No sewer service is available in the area. Currently, water service is provided by either connection to an existing mutual water company in the area or through individual wells. However, the area is already within the Big Bear Lake Fire Protection District’s service area for fire protection service. Since the area is proposed to be within the City’s sphere, water and/or sewer service may be available from the City through an out-of-agency service agreement that would require authorization from LAFCO. CONCLUSION FOR CITY OF BIG BEAR LAKE: Staff is recommending that the Commission make the following sphere determinations for the City of Big Bear Lake: 1. Expand the sphere for the City along the west by approximately 240 acres (Area 1) towards the Big Bear Dam to include the area currently within the Big Bear Lake FPD’s existing sphere and include a portion of the lake. The intent is to maintain the City’s sphere of influence at the centerline of the lake, which reduces any potential service delivery conflict along the shoreline of the lake; 2. Expand the sphere for the City along the south by approximately 480 acres (Area 2) to include an area currently within the Big Bear Lake FPD’s existing sphere of influence; and, 3. Affirm the balance of the City’s sphere of influence. Should the Commission feel it appropriate to modify the sphere of influence presented by LAFCO staff based upon the City’s concerns expressed in its letter and the staff’s response to them, staff would recommend that Area 2 be removed but that Area 1, due to its existing development, remain a part of the City’s sphere of influence on the basis of its need for a broader range of services. 65 LAFCO 3125 City of Big Bear Lake August 6, 2012 ADDITIONAL DETERMINATIONS 1. The Commission’s Environmental Consultant, Tom Dodson and Associates, has recommended that the options outlined in this report for the City of Big Bear Lake is statutorily exempt from environmental review. In addition, it is noted that the acknowledgement of the City’s Department of Water and Power current water service area does not constitute a CEQA project. Mr. Dodson’s response is included in as Attachment #7 to this report. 2. As required by State Law notice of the hearing was provided through publication in a newspaper of general circulation, the Big Bear Grizzly. Individual notice was not provided as allowed under Government Code Section 56157 as such mailing would include more than 1,000 individual notices. As outlined in Commission Policy #27, in-lieu of individual notice the notice of hearing publication was provided through an eighth page legal ad. 3. As required by State law, individual notification was provided to affected and interested agencies, County departments, and those agencies and individuals requesting mailed notice. In addition, on June 15, 2011 LAFCO staff met with the community agencies and representatives to review the determinations and recommendations made within its draft report, to solicit comments on the determinations presented and to respond to any questions of the affected Bear Valley agencies. 4. Comments from landowners/registered voters and any affected agency will need to be reviewed and considered by the Commission in making its determinations. RECOMMENDATIONS Staff recommends that the Commission take the following actions: 1. Receive and file the service reviews for the City of Big Bear Lake and its Department of Water and Power, and make the determinations related to the service review for the City and its Department of Water and Power required by Government Code 56430 as outlined in the staff report. 2. For environmental review, certify that the sphere of influence expansion(s) for the City of Big Bear Lake (LAFCO 3125) is statutorily exempt from environmental review and direct the Executive Officer to file the Notice of Exemption within five (5) days. 3. Approve the sphere of influence expansion(s) for the City of Big Bear Lake (LAFCO 3125). 4. Accept the City’s Department of Water and Power’s current water service area, as shown on Attachment #2, as existing prior to January 1, 2001 therefore noting that the City’s DWP is authorized to connect any of the parcels within its water service area without the requirements set forth in Government Code Section 56133. Apply the condition that if the Big Bear City CSD determines that it will not extend water 66 LAFCO 3125 City of Big Bear Lake August 6, 2012 service to the High Timber Ranch parcel and consents to the City’s DWP serving the project, then the City of Big Bear Lake DWP shall be allowed to extend its water service by contract with the Big Bear City CSD through the exemption provisions of Government Code Section 56133(e). 5. Adopt Resolution No. 3141 reflecting the Commission’s determinations as required by Government Code Section 56430 and 56425. KRM/SM/MT ATTACHMENTS 1. Maps a. LAFCO Defined Mountain Communities b. Current Boundary and Sphere c. LAFCO Staff Proposed Sphere Modifications 2. Maps – DWP Water Service Area 3. Service Review and Sphere Update Response 4. 2010 Urban Water Management Plan 5. Financial Information: a. City Budget and Audit b. DWP Budget 6. Letter from City dated July 25, 2011 7. Response from Commission’s Environmental Consultant 8. Draft Resolution No. 3141 for LAFCO 3125 67