October 10, 2007

 

 

Gene Gilbert, Council Member

Melanie Fesmire, Council Member

100 Civic Center Mall

City of Indio, CA  92201

 

 

                        Re:   Suggested Use of Technical Advisory Committee

 

 

Dear Mr. Gilbert and Ms. Fesmire:

 

I want to thank you for your letter of August 16, 2007 and for your having met with myself and staff of the Coachella Valley Mosquito and Vector Control District to address your questions about District financial issues.  I also want you to know that I appreciate your confidence in me as your appointed representative to serve as a Trustee to the District.  I take my responsibilities very seriously.  I believe my election to the office of President of the Board of Trustees confirms my dedication and commitment. 

 

I wanted to respond to your letter suggesting that a Technical Advisory Committee be established in a manner similar to the process used by the Coachella Valley Association of Governments.  I was not initially familiar with the role of that committee on CVAG and have now obtained some background to give your suggestion consideration prior to responding. 

 

It is my understanding that CVAG and the Palm Springs Desert Resorts Communities Convention and Visitors Authority are both “joint powers authorities”.  Joint powers authorities are separate agencies created by the cities under an agreement between them to collectively exercise some powers or purposes on their behalf.  A joint powers authority does not come into existence unless the cities feel it is beneficial to surrender some of their power to another entity so that it can be exercised through that entity.  The desire for city manager oversight and control through a TAC is a good method to assure the cities that their intent is being followed and implemented. 

 

Joint powers authorities are also funded by the cities either through grants or other sources of revenue that the cities allow to be collected on their behalf.  I am told that in some cases, liability can flow back to the city members for actions undertaken by an independent joint powers authority they have created. 

 


The District is not a joint powers authority created by an agreement among the cities; rather, it is an independent special district that exists under state law on a par with a city.  Our District’s revenues come from 2 sources:  a (small) percentage of the property tax and from a benefit assessment district established a few years ago on a District-wide basis.  Cities are in no fashion liable for activities undertaken by the District.  I understand that in the past the District filed lawsuits against the various redevelopment agencies in the Coachella Valley in order to secure pass-through agreements allowing the District to continue to collect its (small) percentage of property tax increment that would otherwise have been diverted by the redevelopment project areas. 

 

The reasons for a city to want to establish a TAC to oversee the function of a joint powers authority it has created are absent and would be inappropriate for a special district.  I understand concern has been expressed over rumors and innuendo about the District’s finances but these matters relate to decisions of policy that our Board has made in order to allow us to focus our attention on the health and safety purposes for which this independent special district was formed. 

 

These concerns were strong enough that the Legislature determined many years ago to authorize the existence and functioning of independent special districts whose focus and purpose is to protect the public health.  I believe you appointed me to this Board because of my background in pest control and municipal affairs.  I appreciate the confidence you have placed in me and I am anxious to continue to serve the citizens of Indio on this Board. 

 

I also appreciate that as an independent public agency funded by the public, the District is accountable for its spending and financial decisions.  We welcome your input and questions.  If uncertainty or concern about our District remains, please let me know so that we can determine if something needs to be changed or reviewed. 

 

 

 

 

Very Truly Yours,

 

 

 

Mike Duran, President

 

Cc:      Members of the City Council, City of Indio

            Board of Trustees