Minutes Packet Return
Minutes of Regular Board Meeting
June 10, 2020
 

 


A regular meeting of the Board of Directors of the Desert Recreation District was called to order by President Acosta at the Indio Community Center, 45-871 Clinton Street, Indio, California at 5:30 p.m.

Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, and N-35-20 executed by the Governor of California in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) enabled teleconferencing accommodations to the public by suspending or waiving specified provisions of the Ralph M. Brown Act (Government Code § 54950 et seq).

CLOSED SESSION
5:30 P.M.
 
1.       CALL TO ORDER AND ROLL CALL
 
        Present:  Rudy Acosta, President
Joanne Gilbert, Vice President
Silvia Paz, Board Member
Rudy Gutierrez, Board Member
Laura McGalliard, Board Member

Staff Present:  Kevin Kalman, General Manager
Barb Adair, Assistant General Manager
Delia Granados, District Clerk
Raquel Solomon, Information Systems Administrator

 
2.       PUBLIC STATEMENTS

Any person wishing to address the Board of Directors on any item on this Agenda is requested to complete a Public Statement Request form in advance and hand it to the District Clerk. Please note that you may address the Board on an Agenda item at the time it is discussed or make a general comment at this time.

To make a comment, you are asked to state your name and address and wait to be recognized by the Board President. There is a three-minute time limit for comments.

If you have accessed the meeting either by telephone or online the instructions are 1. Telephone participants, press star 9 to Raise Hand to speak. 2. Online participants, select Participants Panel, select Raise Hand to speak.

 
3.       ADJOURN INTO CLOSED SESSION
 
    A.   CLOSED SESSION WITH LEGAL COUNSEL Pursuant to Government Code Section 54956.9(d)(3) and 54956.9(d)(4) One Case
 
        OPEN SESSION 6:00 P.M.

Board Members Paz, Gutierrez and McGalliard joined the meeting via Zoom.  President Acosta and Vice President Gilbert participated in the meeting in-person.
             
1. CALL TO ORDER AND ROLL CALL
Present: Rudy Gutierrez, Board Member  
  Rudy Acosta, President  
  Joanne Gilbert, Vice President  
  Silvia Paz, Board Member  
  Laura McGalliard, Board Member  
Staff Present: General Manager Kevin Kalman
Assistant General Manager Barb Adair
District Clerk Delia Granados
Director of Planning & Public Works Troy Strange
Human Resources Administrator Marie Sanchez
Information Systems Administrator Raquel Solomon
Finance Administrator Sonya Galvez
             
2. PLEDGE OF ALLEGIANCE

Raquel Solomon led the Pledge of Allegiance.
             
3. APPROVAL OF AGENDA

Adjustments to Agenda: Government Code Section 54954.5(b)(2) provides “upon a determination by a two-thirds of the members of the legislative body present at the meeting, or if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a)”
  Motion by Board Member Silvia Paz, seconded by Vice President Joanne Gilbert to approve the agenda as presented.
 
AYE: Board Member Rudy Gutierrez, President Rudy Acosta, Vice President Joanne Gilbert, Board Member Silvia Paz, Board Member Laura McGalliard
             
4.
PUBLIC STATEMENTS

Any person wishing to address the Board of Directors is requested to complete a Request to Speak form in advance and hand it to the District Clerk. You may address the Board on an Agenda item when it is discussed or make a general comment at this time. To make a comment, you are asked to state your name and address, wait to be recognized by the Board President and limit your comments to three minutes.

Please note that if you are addressing the Board on items not on the Agenda, the Brown Act does not allow Board comments on or discussion of such items because they are not on the Agenda and thus were not noticed publicly. The Board may refer such matters to staff or ask to have matters placed on a future agenda.

If you have accessed the meeting either by telephone or online the instructions are 1. Telephone participants, press star 9 to Raise Hand to speak. 2. Online participants, select Participants Panel, select Raise Hand to speak.
             
5. PRESENTATIONS, AWARDS, AND PROCLAMATIONS

None.
             
6. REPORT ON CLOSED SESSION
             
A. CLOSED SESSION WITH LEGAL COUNSEL Pursuant to Government Code Sections 54956.9(d)(3) and 54956.9(d)(4) One Case

No reportable action taken.
             
7. CONSENT CALENDAR

All matters listed on the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Board of Directors or audience request specific items to be removed from the Consent Calendar for separate discussion and action under Section 7. Consent Items Held Over of the Agenda.
             
A. MINUTES
             
a. Request for Approval of Minutes for the Regular Meeting of May 27, 2020

RECOMMENDATION:
To Approve minutes of the Regular Meeting of May 27, 2020.
             
B. WRITTEN CORRESPONDENCE

None.
             
C. PAYROLL REGISTER(S)
             
a. Request for Approval of Payroll Register(s) Dated May 27, 2020

RECOMMENDATION:
To approve as presented.
             
D. WARRANT LIST(S)
             
a. Request for Approval of Warrant List dated May 8, 2020

RECOMMENDATION:
To approve as presented
             
b. Request for Approval of Warrant List dated May 22, 2020

RECOMMENDATION:
To approve as presented
             
E. FINANCIAL REPORT(S)

None.
             
F. Resolution No. 20-15 Adopting a Total Compensation and Benefits Plan for FY2021

RECOMMENDATION:
To pass Resolution No. 20-15.
  Motion by Board Member Laura McGalliard, seconded by President Rudy Acosta to approve the Consent Calendar as presented.
 
AYE: Board Member Rudy Gutierrez, President Rudy Acosta, Vice President Joanne Gilbert, Board Member Silvia Paz, Board Member Laura McGalliard
             
8. CONSENT ITEMS HELD OVER

None.
             
9. PUBLIC HEARINGS
             
A. Public Hearing on the FY2021 Fees and Charges Policy Manual AP601

RECOMMENDATION:
To conduct the public hearing.
  President Acosta made the announcement for the public hearing regarding the Updating of the Fees and Charges Policy Manual AP601 for FY2021.
  Motion by President Rudy Acosta, seconded by Vice President Joanne Gilbert to open the Public Hearing on the Fees and Charges Policy Manual AP601 fo FY2021.
 
AYE: Board Member Rudy Gutierrez, President Rudy Acosta, Vice President Joanne Gilbert, Board Member Silvia Paz, Board Member Laura McGalliard
  The Board Clerk made the announcement that the notice of the hearing and Affidavit of Publication are on file.

The Board President made the announcement for any person who would like to speak in favor of or against the proceedings.
  Motion by Board Member Silvia Paz, seconded by Vice President Joanne Gilbert to close the Public Hearing on the Fees and Charges Policy Manual AP601 for FY2021.
 
AYE: Board Member Rudy Gutierrez, President Rudy Acosta, Vice President Joanne Gilbert, Board Member Silvia Paz, Board Member Laura McGalliard
  Board Member Paz said that several people were having difficulties logging into the meeting.  Staff texted her the information to forward to them.  The President said he will hold off for a few minutes to give the public time to log in and in case they want to speak on this item.  Staff apologized as there was a character that should not have been in the password.  Board Member Paz said that one person texted her that they are not going to speak on this item.  The President confirmed that it was okay to resume with this item.
             
10. STUDY ITEMS

None.
             
11. ACTION ITEMS
             
A. Resolution No. 20-16 Updating Fees and Charges Policy Manual AP601 for FY2021


RECOMMENDATION:
To Pass Resolution No. 20-16.
  At the May 27, 2020 board meeting, the Board had a study session regarding the Fees and Charges Manual.  Staff reviewed the recommended fee increases and the Board recommended changes regarding the organized swimming chart between the resident and non-resident fee.    Before the Board, are the changes staff is requesting to the Fees and Charges Manual AP601 for FY2021 and that is attached to Resolution No. 20-16.

Board Member Paz said that she brought up her concern at the last meeting regarding the timing of the increases.  The economy is not doing very well although these changes are minimal.  Staff mentioned that they placed the implementation of July 1 in the chart because it was a good suggestion from last year.  The other implementation date is January 1, 2021, for the Fit after 50 and that is free to La Quint residents because they just need a fitness pass.  Residents can apply for scholarships and the programs that are in the subsidy zones are free.
  Motion by Vice President Joanne Gilbert, seconded by Board Member Laura McGalliard to pass Resolution No. 20-16.
 
AYE: President Rudy Acosta, Vice President Joanne Gilbert, Board Member Laura McGalliard
NAY: Board Member Silvia Paz
Other: Board Member Rudy Gutierrez (ABSTAIN)
             
B. Resolutions Numbers 20-17 Adopting Local Goals and Policies Concerning the use of the Mello-Roos Community Facilities Act of 1982, 20-18 Intention to Form a Community Facility District and Levy a Special Tax in the Desert Recreation District Community Facilities District No. 2020-1 (Indio Facilities & Services), to Fund Public Services and Finance the Acquisition and Construction of Certain Public Facilities in and for Such Community Facilities District and 20-19 Intention to Incur Bonded Indebtedness in Amount not to Exceed $19,800,000 to Finance the Acquisition and Construction of Certain Public Facilities in and for the Desert Recreation District Community Facilities District No. 2020-1 (Indio Facilities & Services)
To pass resolutions Nos. 20-17, 20-18, and 20-19.
  Staff introduced the NBS consultants who joined via Zoom and who is making the presentation tonight.  Sara Marez introduced the legal counsel that is available to answer any legal questions regarding the Community Facilities District formation (CFD).  She spoke about the CFD feasibility, initial modeling, initial polling, intent meeting, the resolution adopting local goals and policies, resolution of intention to form CFD, boundary map, authorized facilities, and services; rate and method of apportionment, resolution of intention to incur bonded indebtedness and the next steps.  The total bond authorization and CFD appropriations limit is $19,800,000.

President Acosta had a simple clarification for those residents of Indio who are currently in a Desert Recreation District assessment and to know the difference in the results should this measure pass.

Staff mentioned that currently there are two in the City of Indio.  A portion of the City of Indio pays into AD 93-1 that is $9.90 per year.  About 2/3 of Indio pays into Re-Assessment District (ReAD) 01-1 that is $54 per year and funds the Indio Community Center and Park.  If the election is successful, it is anticipated there would be no collection to the homeowners on AD 93-1 or ReAD 01-1.  If the District goes with the maximum amount on the table presented by NBS, those currently on ReAD 01-1 would see an annual increase of $66.  Those paying into 93-1 would see an annual increase of $110.

Vice President Gilbert said that in the information from NBS, it is important that they stress the fact that Indio has not asked for a bond measure for about 28 years.  This could persuade the resident to vote in favor of the measure.

President Acosta requested comments from the Board or the audience.  For the record and because the meeting is via Zoom, he requested the name and address of the speaker.

Vanessa Rivera introduced herself who lives in Indio and had a general question.  If this particular one does not pass, is there going to be something upcoming because right now she has not seen the map but knows that 2/3rds of Indio pay the $54 and it is her experience that all Indio residents receive the discount?  Obviously, the gym is closed right now but there are already people that are receiving the benefits who aren't being put into this. So at least it is another revenue stream.  Unrelated the Zoom password was not working for her.  

President Acosta stated that there was a slash that was missing from the posted agenda.  He apologized for any inconvenience but is grateful that she took the time to come here.   At the end of the meeting, he will ask again for public comments for those who missed it.  With the Board permission, they should be able to allow Ms. Rivera and others to speak and on any other item as they go.
  Motion by Board Member Silvia Paz, seconded by President Rudy Acosta to pass Resolution Nos. 20-17, 20-18, and 20-19.
 
AYE: Board Member Rudy Gutierrez, President Rudy Acosta, Vice President Joanne Gilbert, Board Member Silvia Paz, Board Member Laura McGalliard
             
C. Request for Appointment of Michael Tebbetts to Coachella Valley Youth Golf Foundation Board of Directors (First Tee Advisory Board)

RECOMMENDATION:
To Appoint Michael Tebbetts to Coachella Valley Youth Golf Foundation Board of Directors (First Tee Advisory Board).
  In a separate correspondence, the Board received Mr. Tebbett's background.  At the board meeting of the Coachella Valley Youth Golf Foundation (CVYGF) on Monday, the Board unanimously approved the recommendation for this board to appoint Mr. Tebbetts to CVYGF.  Mr. Tebbets has a background in golf and marketing.
  Motion by Vice President Joanne Gilbert, seconded by Board Member Laura McGalliard to appoint Michael Tebbetts to Coachella Valley Youth Golf Foundation Board of Directors (First Tee Advisory Board).  Mr. Tebbetts background is in golf and marketing.
 
AYE: Board Member Rudy Gutierrez, President Rudy Acosta, Vice President Joanne Gilbert, Board Member Silvia Paz, Board Member Laura McGalliard
             
D. Request for Approval of The First Tee Coachella Valley Annual Plan Submission by Landmark Golf, LLP

RECOMMENDATION:
To approve The First Tee Coachella Valley Annual Plan submitted by Landmark Golf, LLP.
  As part of the agreement with Landmark Golf, each year they submit to the Desert Recreation District an Annual Business Plan for The First Tee Operations at the Golf Center.  That plan was included in the Board's packet.  General Manager Kalman reviewed and submitted to the Coachella Valley Youth Golf Foundation for their approval at the June 8, 2020 board meeting.  Landmark Golf's President & Chief Executive Officer, Andy Vossler and Director of Operations, Joe Gill are here tonight to answer any questions.
  Motion by President Rudy Acosta, seconded by Board Member Laura McGalliard to approve The First Tee Coachella Valley Annual Plan submitted by Landmark Golf, LLP.
 
AYE: Board Member Rudy Gutierrez, President Rudy Acosta, Vice President Joanne Gilbert, Board Member Silvia Paz, Board Member Laura McGalliard
             
E. Request for Approval of the Golf Center at Palm Desert Annual Plan submission by Landmark Golf, LLP.

RECOMMENDATION:
To approve the Golf Center at Palm Desert Annual Plan submission by Landmark Golf, LLP.
  Similar to the previous item and as part of the agreement with Landmark Golf, each year they submit to the Desert Recreation District (District) an Annual Business Plan for the Operations of the Golf Center. The Plan was last updated on Saturday and was attached to the item.  The Plan covers personnel, marketing, programming, etc. and is incorporated into the District's annual budget.  If all goes as planned, the District is looking at a savings of about $66,000 for fiscal year 2021.  Landmark Golf's President & Chief Executive Officer, Andy Vossler and Director of Operations, Joe Gill are here tonight to answer any questions.  Staff provided alternate plans:  Option 1: Additional Savings of $3,438 per month during summer months; Option 2: Additional Savings of $1,674 per month during in-season months.  Option 1 and 2 combined: Additional annual savings of $27,144.  The Board requested clarification regarding staff recommendation and the options.  Staff said that they are requesting the Board move staff recommendation for approval of the Golf Center at Palm Desert Annual Plan submission by Landmark Golf and either options 1, 2, or Option 1 and 2 combined.  During the season, should the driving range be such that the demand is there, they would come back to expand the hours in the evening.  The Board liked that if anything changes, it will be brought back as staff mentioned.

Joe Gill provided the Board with an update on the activities at Golf Center and confirmed the cost savings.
  Motion by Board Member Silvia Paz, seconded by Board Member Laura McGalliard to approve the Golf Center at Palm Desert Annual Plan submission by Landmark Golf, LLP with options 1 and 2, and if anything changes, it would be brought back.
 
AYE: Board Member Rudy Gutierrez, President Rudy Acosta, Board Member Silvia Paz, Board Member Laura McGalliard
NAY: Vice President Joanne Gilbert
             
12. STAFF REPORTS

Discussion items that will not result in formal action taken by the Board of Directors at this meeting.

COVID-19 - On June 8, 2020, the Governor released for business the fitness centers and day camps, and outdoor recreation to open with certain restrictions. The County of Riverside has now posted those guidelines as their own guidelines and the public health department is on board. It is the District's intention and goal to work on getting the bathroom facilities in the parks and outdoor spaces open for this weekend. Early next week, it is the plan to have the fitness centers open and after that, the day camps. The biggest challenge is getting the materials that are in back-order and getting staff back. Staff is working on the process. Staff will keep the board posted as things open.

Board member Paz expressed her concern with reopening District facilities and programs so soon regardless of what the state and county are saying. She suggested doing a study session so that she feels comfortable on how the plan to reopen looks like. Eisenhower has seen the rate of infections double since Memorial Day. President Acosta was also concerned with the increase in numbers and providing safety to the public. Vice President Gilbert said the District has a good staff and she thinks they need to leave it up to them on what they are going to do and how and for staff to just report back to the board. She does not think that this is the board's job. Board member McGalliard would like to just review the procedures.

General Manager Kalman suggested that if one or two board members want to participate in the process, they can join staff every Tuesday and Thursday at 10:00 am via Microsoft Teams. So the Board is clear if staff feels that they are not ready to open, they will not. Staff will place an item on the June 24, 2020, agenda regarding the reopening plan for approval or alteration.

Board members Paz and Gutierrez volunteered to participate in the meetings with staff.
             
13. GENERAL MANAGER'S REPORT/BOARD COMMENTS/COMMITTEE REPORTS/REQUEST FOR AGENDA ITEMS

Discussion items that will not result in formal action taken by the Board of Directors at this meeting.

General Manager Report

General Manager Kalman had no comment.

Division 1, Board Member
Silvia Paz


Board member Paz had no comment.

Division 2, Board Member
Rudy Gutierrez


Board member Gutierrez inquired about "Lenny the Land Shark" because this is the time that pools open. Staff said

Division 3, Vice President
Joanne Gilbert


Vice President Gilbert had no comments.

Division 4, President
Rudy Acosta


President Acosta said he was going to take the lead on Board Member Paz' comment about clarification on option 2 that the board approved on the Oasis Park restroom. The question came up about the clarity on phase 2 that was approved. Staff made a presentation of giving the monies that the District had available to them now, would they proceed with a phased approach to the Oasis Park project? If the Board recalls, they approved phase 1 which was the sports field portion of the park. The question raised was that in the original master plan it indicated the restroom being on the south part of the park and the recollection was that staff mentioned that they were working on an option for providing a restroom on that phased 1 portion that otherwise was not shown in the master plan. He contacted staff to get clarity on that issue. Staff is looking at options that can be brought before this board. What will happen is that when staff has completed those options with KDI and others, they will look at options that will include roll-in restrooms to prefab units that can be placed at the sight and because there is no sewer facility infrastructure in the area, it will have to have a septic tank and this will take a while. To keep the project moving in an expedited manner, they are moving forward with getting the bid documents prepared and then placing the bid. If those options are not included in there, they can be included for Board review as an added addendum in the bid packet and the Board will see staff recommendation. When the actual project is approved for the bid, they can then approve the base bid and the added addendum to make sure there is a restroom for the users of that park.

The other item he wanted to bring up was that in the world of Facebook, there was a comment by an individual about the capital projects for the upcoming year. Staff listed various priority segments. They were respective projects and those priorities from very important to minor importance. The board said they were all important and requested that staff place them in 1, 2 3 categories. There was an implication and a comment that the board was seeing Palm Desert more of a priority versus Indio with respect to the comparison of the air conditioning unit and the security system in Indio and Palm Desert. He placed another call to staff and staff explained that there have been some issues at the Palm Desert Community Center specifically in the gymnasium that the board was not aware of. The facility lacked a security system and in some incidents, the police were called. If the board remembers the layout of the Palm Desert Community Center, staff concentrates on the entry and the gymnasium is at the corner down the hallway. The security system was a recommendation by staff to be able to have a monitoring system of what is going on. That security system was put up on the upper priority and it is one of the few facilities that does not have one. It was not a slight on this facility's air conditioning which is still working and which staff clarified that it continues to stay on the list. Approximately seven years ago, the Board decided to take a prudent action to ask staff to generate a facility management plan to identify every capital to support these facilities and anticipate an annual basis that may or may not break down in that particular fiscal year. In the Board's quest to try to provide facilities in their respective Districts the Board wanted to be mindful of this e.g. this may be the year that the pump system at the Golf Center goes down. They better be ready to have some money available for them to allocate. It was a prudent direction and decision by this Board to move forward with the generation of one of those plans because they are complex and take a lot of time to generate but it's a great tool for them. He asked staff if the list was developed based upon that report and staff said yes. That is how this Board has been prudent about setting priorities for fiscal years. He complimented staff for using that tool and complimented this Board for having directed the development of that tool. He wanted to explain this for the record so that the public understands where expenses will be paid and allocated.

Because Vanessa Rivera took the time to show up to this meeting, and she missed the public comment section, which President Acosta appreciated, he asked her to come up and take advantage of another few minutes of Public Comments.

Ms. Rivera introduced herself, a resident of Indio. She assumed that the Zoom link was a typo but if it was not, she would recommend that it does not persist. She knows that in the past the passwords have been the date without the dash. She knows that there were multiple people on the online meeting and it was because people had to text other people or find out through other means. There was nothing stated to the general public if there were other people like her that did not come here. The public may have just assumed that the meeting did not happen. Also, if they tried to call in, they could not put in a dash. It is very possible that there were people that could not get into this meeting. it's very possible that there were members of the public that missed an agenda item who maybe wanted to make a comment on the public hearing and did not have the option because they could not log in. She would imagine that it got approved. She does not know if it is possible to amend that or be allowed before the next meeting to submit something written or maybe there was no else that wanted to add to that and the Board does not know that. Going off on the masks and cleaning, the City of Indio did say to use common sense about facial coverings. To wear one when around people inside or outside public spaces like businesses and restaurants. She does not know if the Board saw the last meeting, that went to a lengthy conversation about when to use masks and what they decided. To her, this is a meeting inside a public space as a business. Her microphone works. The Board members say they can hear her. She thinks they could have their masks on and speak clearly into the microphone. People online should be able to see them. Again, she does not know what happened during the first 30 minutes and it is that may the Board had their masks on, and they collectively decided not to wear them. If the District is open the City of Indio mandate is still in place and that it is not up to the staff. The Board would not want to violate a City of Indio code enforcement. President Acosta thanked Vanessa for her comments and said they will take her recommendations under advisement. The Board does not typically respond to public comments. Vanessa can let those who she suspected were unable to log in that there will be minutes posted that can be reviewed.

Division 5, Board Member
Laura McGalliard


Board member McGalliard said she participated in the insurance meeting with staff and CBIZ and it was very well done. All the staff questions were answered and today was the deadline for submission of benefits.
             
A. Approved Minutes of the Desert Recreation Foundation Board of Director's Meeting of January 7, 2020 and of the February 11, 2020.

RECOMMENDATION:
To receive and file.
             
B. Approved Minutes of the Coachella Valley Youth Golf Foundation Board of Director's Meeting of January 27, 2020. 

RECOMMENDATION:
To receive and file.
             
ADJOURNMENT

There being no further business to come before the Board, the meeting was adjourned at 7:45 pm.




______________________________________
Delia Granados, District Clerk
Desert Recreation District




_____________________________________________________
Rudy Acosta, President of the Board
Desert Recreation District

    

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