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Home My WebLink About2024-07-11Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, Housing Authority, and Library Board of Trustees Regular Meeting Minutes July 11, 2024, 3:30 p.m. Present: Mayor Karina Quintanilla, Mayor Pro Tem Jan Harnik, Councilmember Kathleen Kelly, Councilmember Gina Nestande Absent: Councilmember Evan Trubee 1. CALL TO ORDER - CLOSED SESSION - 3:30 P.M. A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, July 11, 2024, at 3:31 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. 3. RECESS TO CLOSED SESSION Mayor Quintanilla adjourned to Closed Session at 3:32 p.m. 4. CLOSED SESSION AGENDA The following items were considered in closed session: 4.a Closed Session Meeting Minutes: April 25 and June 27, 2024 4.b Conference with Legal Counsel regarding Existing Litigation pursuant to Government Code Section 54956.9(d)1 4.b.1 Desert Emerald LLC (Claim No. 919) 4.b.2 Spanish Walk Community Association (Claim No. 920) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 2 4.c Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)2 4.c.1 Claimant: Duran, Lydia Irene Afsarzadeh, Maryam/Afsarzadeh, Patty Alvarez, Jose Jennifer A./Alvarez, Michelle S. Broyles, Jacob Dickson, David/Dickson, Janet Escoto, Joseph Balingit/Escoto, Estrella Migia Hayes, Robbin (Trustee)/Hayes, Ivan (Trustee) Lapidus, Gregory Drake Lester, Linda Markus, Kyounghee Mullinix, Alexis Orr, Mark Polo, Lalaine B. Steinberg, Marla (Trustee) Scott, Caroline Thompson, Anna Marie/Thompson, Jeffrey C. Todd, Matthew/Todd, Mallory Hamilton, Keith J. (Trustee)/Hamilton, Debra S. (Trustee) Reyes, Pedro Daniel Agency claimed against: City of Palm Desert 5. ROLL CALL - REGULAR MEETING - 4:00 P.M. 6. PLEDGE OF ALLEGIANCE Mayor Pro Tem Harnik led the Pledge of Allegiance. 7. INSPIRATION Councilmember Kelly provided words of inspiration. 8. REPORT OF CLOSED SESSION City Attorney Shah stated that direction was given by the City Council; no reportable actions were taken. 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS 9.a PROCLAMATION: OUTDOOR WORKER APPRECIATION DAY Mayor Quintanilla issued a proclamation for Outdoor Worker Appreciation Week. Director of Public Works Alvarez expressed gratitude to all staff that work outdoors, especially during extreme heat. 10. CITY MANAGER COMMENTS Homeless and Support Services Manager Tenorio introduced CityNet representative Martin Joseph, who provided an update on services provided within the city. Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 3 10.a SHERIFF DEPARTMENT UPDATE Lt. Porras provided an update on recent crime trends in the area and responded to City Council inquiries. 11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events. 12. NON-AGENDA PUBLIC COMMENTS Brad Anderson, Rancho Mirage resident, expressed gratitude for the library offering first 10 pages of printing free and his desire for public comment to be heard at study sessions. Judy Wilson, Palm Desert resident, shared information about Enough, Inc. a new non- profit in Palm Desert that focuses on creating a safe and secure environment for children in schools and the community affected by gun violence. Sandra Gray, Palm Desert resident, shared her negative experience with a rental property and agency in Palm Desert. Jana Korozynsky, Palm Desert resident, expressed her dissatisfaction regarding the City's action regarding flood zones and drainage plans for Pulte/Refuge development. Barbara Wasserkrug, Palm Desert resident, encouraged residents to attend an upcoming informational event at the Desert Cities Baptist Church in Palm Desert. Major Anna Margaret Thomas, Palm Desert resident, spoke about VA foreclosures and expressed gratitude for the Disabled American Veterans assistance program available at the library. 13. CONSENT CALENDAR City Clerk Mejia noted that due to the cancellation of the July 9, 2024, Housing Commission meeting, Item 13i had not been reviewed by the Housing Commission and requested that the City Council consider the item as an emergency item. City Clerk Mejia also noted staff's request to remove Item 13n from the agenda. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Approve the consent calendar excluding Items 13n, 13o and 13p. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 4 13.a APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Approve the Minutes of June 27, 2024. Motion Carried (4 to 0) 13.b APPROVAL OF WARRANT REGISTERS Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Approve the warrant registers issued for the period 6/15/2024 to 6/28/2024. Motion Carried (4 to 0) 13.c ADOPTION OF ORDINANCE NO. 1415 AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR THE CONDUCT OF MEETINGS Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Adopt Ordinance No. 1415 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE CHAPTER 2.36, PROCEDURES FOR THE CONDUCT OF MEETINGS." Motion Carried (4 to 0) 13.d ACCEPT CONTRACT NO. C46540 FOR THE CONSTRUCTION OF THE BUMP & GRIND TRAILHEAD NEW PREFABRICATED RESTROOM PROJECT NO. MPK00006 AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Accept Contract No. C46540 with Leonida Builders Inc for the Bump & Grind Trailhead New Prefabricated Restroom Project as complete. 2. Authorize the Mayor to execute and the City Clerk to file the Notice of Completion. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 5 13.e ACCEPTANCE OF A RESIGNATION FROM THE RESOURCE PRESERVATION AND ENHANCEMENT COMMITTEE Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly With regret, accept the resignation of Gustavo Gomez from the Resource Preservation and Enhancement Committee. Motion Carried (4 to 0) 13.f ADOPT RESOLUTION NO. 2024-052 TO DESIGNATE THE FINANCE DIRECTOR TO BE THE AUTHORIZED AGENT TO ESTABLISH AND AMEND PETTY CASH FUNDS AND GUIDELINES Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Adopt Resolution No. 2024-052 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DESIGNATING THE FINANCE DIRECTOR AS THE AUTHORIZED AGENT FOR ESTABLISHING, AMENDING, AND TERMINATING PETTY CASH FUNDS THROUGHOUT THE CITY DEPARTMENTS.” 2. Authorize the City Manager, through the Finance Director, to establish petty cash guidelines and amend them from time to time. Motion Carried (4 to 0) 13.g ADOPT RESOLUTION NO. 2024-053 OPTING INTO SETTLEMENT AGREEMENT WITH DISTRIBUTORS OF OPIOIDS, GROCERY CHAIN KROGER, AND FUTURE PROPOSED OPIOID SETTLEMENTS Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Adopt Resolution No. 2024-053 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENT WITH KROGER CO., AGREE TO THE TERMS OF THE STATE SUBDIVISION AGREEMENT, AND AUTHORIZE THE CITY MANAGER TO EXECUTE FUTURE PROPOSED OPIOID SETTLEMENT AGREEMENTS.” 2. Authorize the City Manager to execute the Participation Agreements with the settling defendants, Kroger, and to execute any future proposed Opioid Settlement agreements. 3. Approve prioritizing street outreach and establishing pathways to treatment for homeless individuals grappling with substance use issues for use of settlement funds. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 6 13.h APPOINT MAHASTI ISLAMI TO THE BOARD OF DIRECTORS OF THE EL PASEO PARKING AND BUSINESS IMPROVEMENT DISTRICT Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Appoint Mahasti Islami to a two-year term beginning July 1, 2024, through June 30, 2026, on the Board of Directors of the El Paseo Parking and Business Improvement District (EPPBID) Board of Directors, to fill the seat vacated by Sonia Campbell. Motion Carried (4 to 0) 13.i APPROVE CHANGE ORDER NO. 4 TO CONTRACT NO. HA45140 FOR THE ONE QUAIL PLACE PARKING LOT REHABILITATION PROJECT NO. CHA00003 (812-20) Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Approve Change Order No.4 in an amount not to exceed $280,647 to Contract No. HA45140 with Jacobsson Engineering Construction, Inc. 2. Authorize the Executive Director or designee to execute Change Order No. 4 to the agreement and any documents necessary to effectuate the actions taken herewith. Motion Carried (4 to 0) 13.j AWARD CONTRACT C48050 TO PBK ARCHITECTS, INC., FOR ARCHITECTURAL DESIGN SERVICES OF FIRE STATION 33 AND 71 (CFA00017 & CFA00019) Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Award Contract No. C48050 for the Architectural Design Services for Fire Station 33 and 71 in an amount not to exceed of $1,397,000. 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $139,700 for unforeseen conditions. 3. Authorize the City Manager or designee to review and approve written contract amendment requests up to the contingency amount requested. 4. Authorize the Mayor or designee to execute the agreement and any documents necessary to effectuate the actions taken herewith. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 7 13.k AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Award Contract No. C44620F to GWC Construction of Palm Desert, California, and award Contract No. C44620G to Kincaid Industries, Inc. of Thousand Palms, California, and award Contract No. C44620H to SoCal Electrical and Lighting, Inc. of Palm Desert, California, for Park and Facilities Repairs and Improvements, for a period of three (3) years in an aggregate amount in combination with Contract Nos. C44620A-E not to exceed $4,500,000 per fiscal year. 2. Authorize the City Manager to review and approve up to two (2) additional one-year terms per contract for an aggregated amount not to exceed $4,500,000 per fiscal year. 3. Authorize the City Manager or designee to review and approve change orders for unforeseen circumstances. 4. Authorize the City Attorney to make any necessary non-monetary changes to the agreements. 5. Authorize the City Manager to execute said agreements. Motion Carried (4 to 0) 13.l AWARD CONTRACT NO. C47680 TO JACOBSSON ENGINEERING CONSTRUCTION, INC., FOR THE EL PASEO CURB RAMP MODIFICATION PROJECT (PROJECT CST00025) Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Award Contract No. C47680 in the amount of $1,070,234 to Jacobsson Engineering Construction, Inc., of Palm Desert, CA, for the El Paseo Curb Ramp Modification Project (Project No. CST00025). 2. Authorize the Director of Finance to set aside a contingency in the amount of $107,000. 3. Authorize the City Attorney to make any non-monetary changes to the agreement. 4. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170B of the municipal code. 5. Authorize the City Manager to execute the agreement and any documents necessary to effectuate this action. 6. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 8 13.m ADOPT RESOLUTION NO. 2024-054 OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM AND AUTHORIZING SIGNATORY APPROVAL Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Adopt Resolution No. 2024-054 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING PARTICIPATION IN THE COUNTY OF RIVERSIDE’S URBAN COUNTY PROGRAM FOR FISCAL YEARS 2025/26 AND 2026/27.” Motion Carried (4 to 0) 13.q AWARD CONTRACT NO. C47850 IN AN AMOUNT NOT TO EXCEED $964,728 TO HR GREEN, INC., FOR ENGINEERING SERVICES FOR THE STORM DRAIN INFRASTRUCTURE ASSESSMENT (PROJECT NO. CDR00006) Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Award Contract No. C47850 to HR Green, Inc., of Palm Desert, CA in an amount not to exceed $964,728, for preliminary assessment, maintenance contractor oversight, and final assessment and reporting associated with year one of the program. 2. Authorize Director of Finance to set aside a 15% contingency in the amount of $144,709 for any unforeseen conditions. 3. Authorize the City Attorney to make any necessary, non-monetary changes to the agreement. 4. Authorize the City Manager to review and approve written contract amendment requests to use up to the contingency amount, per Section 3.30.170B of the municipal code. 5. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project. Motion Carried (4 to 0) 13.r CONFIRMATION OF PLANNING COMMISSION RESOLUTION NO. 2873, CONDITION OF APPROVAL NO. 20 REGARDING THE ESTABLISHMENT OF A COMMUNITY FACILITIES DISTRICT AT SHADOW RIDGE Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Confirm Planning Commission (PC) Resolution No. 2873, Condition of Approval (COA) No. 20 regarding the establishment of a Community Facilities District (CFD) at Shadow Ridge. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 9 13.s APPROVE CONTRACT C48060 WITH FEHR & PEERS FOR THE PREPARATION OF A GENERAL PLAN AMENDMENT TO THE MOBILITY ELEMENT IN AN AMOUNT NOT TO EXCEED $139,076 AND APPROPRIATE FUNDS Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Approve Contract No. C48060 to with Fehr & Peers of Walnut Creek, California, to prepare a General Plan Amendment to the Mobility Element in an amount not to exceed $139,076. 2. Appropriate $139,076 from unassigned General Fund Reserves to Account No. 1104470-4305000. 3. Authorize the City Attorney to make any necessary non-monetary changes to the contract. 4. Authorize the City Manager to execute said contract. Motion Carried (4 to 0) 13.t APPOINTMENT OF THE CITY COUNCIL LIAISON AND ALTERNATE LIAISON TO THE LIBRARY ADVISORY COMMITTEE Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly Appoint Councilmember Trubee as the City Council Liaison and Mayor Pro Tem Harnik as the Alternate Liaison to the Library Advisory Committee. Motion Carried (4 to 0) 13.u APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. C44600 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES ON CITY-OWNED BUILDINGS TO INCREASE THE FY 2024-25 ANNUAL AMOUNT TO $3,500,000 (PROJECT NO. MFA00001) Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Approve Change Order No. 2 to Contract No. C44600 with Garland/DBS, Inc. for roof repairs and related services on City-owned buildings to increase the annual amount to 3,500,000 during Fiscal Year 2024-25. 2. Authorize the City Manager to review and execute amendments and any change orders per Section 3.30.170 of Ordinance No. 1335. 3. Authorize the City Manager to execute Change Order No. 2 to the agreement. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 10 13.v RATIFY AMENDMENT NO. 3 AND AMENDMENT NO. 4 TO CONTRACT NO. C37870A WITH KOA CORPORATION FOR PROFESSIONAL ENGINEERING SERVICES IN A TOTAL AMOUNT OF $127,640 FOR HAYSTACK TRAFFIC CALMING PHASE 2 AND PD LINK PHASE 2 (PROJECT CST00006 & PROJECT CST00005) Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Kelly 1. Ratify Amendment No. 3 to Contract No. C37870A with KOA Corporation in the amount of $103,685.00. 2. Ratify Amendment No. 4 to Contract No. C37870A with KOA Corporation in the amount of $23,955.00. 3. Authorize City Manager to review and approve written requests for use of contingency per Section 3.30.170B of the Palm Desert Municipal Code. 4. Authorize City Manager to execute amendments and any documents necessary to effectuate the actions taken herewith. Motion Carried (4 to 0) 13.n REJECT ALL PROPOSALS SUBMITTED FOR COURTESY PATROL SERVICES AT THE HOUSING AUTHORITY PROPERTIES This item was removed from the agenda. Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 11 13.o REJECT ALL BIDS, APPROPRIATE FUNDS, AUTHORIZE THE CITY MANAGER TO AWARD A CONTRACT FOR THE CIVIC CENTER PARKING LOT REHABILITATION PROJECT IN AN AMOUNT NOT TO EXCEED $600,000 Capital Improvements Manager Gayler answered Council inquiries. Motion by: Councilmember Kelly Seconded by: Councilmember Nestande 1. Reject all bids due to non-responsiveness. 2. Authorize the Director of Finance to appropriate funds in the amount of $600,000 from unallocated Capital Improvement Fund to Account No. 4004161-5000914. 3. Authorize the City Manager to negotiate and execute an agreement for Civic Center Parking Lot Rehabilitation in the best interest of the City in an amount not to exceed $600,000, including contingency. 4. Authorize the City Manager to review and execute written requests for change orders, amendments, and any other documents necessary to effectuate this action, per Section 3.30.170 B of the Palm Desert Municipal Code. 5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project. NOES (1): Mayor Quintanilla Motion Carried (3 to 1) 13.p AUTHORIZE AN AMENDMENT TO INCREASE THE CITY'S CONTRACT WITH FG CREATIVE FOR EL PASEO PARKING & BUSINESS IMPROVEMENT DISTRICT MARKETING SERVICES to $275,000 FOR FISCAL YEAR 2024-25 Public Affairs Manager Soule responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Authorize Amendment No. 4 to El Paseo Parking and Business Improvement District (EPPBID) Contract No. C43370 with FG Creative in the amount of $275,000 for Fiscal Year 2024-25. 2. Authorize the City Manager to execute the Amendment. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 12 14. ACTION CALENDAR 14.a APPROVE SAN PABLO PHASE II ROUNDABOUT ARTWORK ON SAN PABLO AVE AND EAST ENTRANCE TO COLLEGE OF THE DESERT (CONTRACT NO. C48070A) Public Art Management Analyst Powell provided staff report and answered Council inquiries. Brad Anderson, Rancho Mirage resident, opined concerns regarding cost of proposed artwork and safety aspects of placing art in roundabouts. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Approve Contract No. C48070A, in substantial form, for design, engineering, fabrication, and delivery of the sculpture titled Dueling Palms as proposed by artist Kyle Absolom in an amount not to exceed $169,500. 2. Authorize the City Manager to execute the contract for Dueling Palms, subject to review by the City attorney, and all other documents related to the installation of artwork. Motion Carried (4 to 0) 14.b APPROVE AN AMENDMENT TO CONTRACT NO. C41770 TO EXTEND THE TERM AND INCREASE THE CONTRACT AMOUNT WITH THE COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES Director of Development Services Cannone narrated a PowerPoint and answered Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik 1. Increase the annual contact amount for Fiscal Year 2023-24 to $380,000 to cover the budgeted costs of animal field and shelter services. 2. Approve Amendment No. 1 to Contract No. C41770 with the County of Riverside Department of Animal Services to extend the contract for one year with an annual amount of $380,000. 3. Authorize the Director of Finance to set aside a contingency for an additional $20,000, subject to City Manager approval for additional fluctuations in services. 4. Authorize the City Attorney to make necessary non-monetary changes to the agreement. 5. Authorize the City Manager to execute said contract. Motion Carried (4 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 13 14.c ADOPT RESOLUTION NO. 2024-055 OPPOSING THE DESERT HEALTHCARE DISTRICT’S PROPOSED NEW HOSPITAL LEASE AGREEMENT “NON-COMPETE” PROVISION, WHICH RESTRICTS TAXPAYER FUNDS AND ELECTED BOARD’S OVER THE NEXT 30 YEARS City Manager Hileman provided a staff report and responded to City Council inquiries. Brendan Steidle of Desert Care Network, spoke in opposition to the resolution and encouraged Council to review the updated language available on Desert Healthcare District's website. Brad Anderson, Rancho Mirage resident, spoke in favor of the resolution and letter to Desert Healthcare District Board expressing opposition. Motion by: Mayor Pro Tem Harnik Seconded by: Councilmember Nestande Adopt Resolution No. 2024-055 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OPPOSING THE DESERT HEALTHCARE DISTRICT’S PROPOSED HOSPITAL LEASE AGREEMENT “NON-COMPETE” PROVISION AND DIRECTING THE MAYOR TO SEND A LETTER TO THE DESERT HEALTHCARE DISTRICT BOARD EXPRESSING THIS OPPOSITION.” Motion Carried (4 to 0) 14.d ADOPT RESOLUTION NO. 2024-056 APPROVING A PORTION OF PUBLIC RIGHT-OF-WAY (EXPLORER DRIVE) AS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221 Councilmember Nestande recused herself due to the proximity of the project to her home and left the Council Chamber. Director of Development Services Cannone narrated a PowerPoint and responded to City Council inquiries. Motion by: Councilmember Kelly Seconded by: Mayor Pro Tem Harnik Adopt Resolution No. 2024-056 entitled, “A RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT, CALIFORNIA, DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT THE TERMINUS OF EXPLORER DRIVE IS EXEMPT SURPLUS LAND, AND FINDING THAT SUCH DECLARATION IS NOT A PROJECT SUBJECT TO ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” RECUSED (1): Councilmember Nestande Motion Carried (3 to 0) Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7 Palm Desert City Council Meeting Minutes July 11, 2024 14 14.e ADOPT RESOLUTION APPROVING FINAL TRACT MAP NO. 38434-1 AND AGREEMENTS Councilmember Nestande recused herself from this item due to the proximity of the project to her home, and left the Council Chamber. Principal Planner Flores narrated a PowerPoint presentation and responded to City Council inquiries. Linda Candler, Palm Desert resident, spoke in opposition of approving the final tract map. Motion by: Mayor Pro Tem Harnik Seconded by: Mayor Quintanilla Continue this item to the August 22, 2024, City Council meeting. RECUSED (1): Councilmember Nestande Motion Carried (3 to 0) 15. PUBLIC HEARINGS None. 16. INFORMATION ITEMS None. 17. ADJOURNMENT The City Council adjourned at 6:23 p.m. Respectfully submitted, _________________________ Níamh M. Ortega, CMC Assistant City Clerk/Assistant Secretary _________________________ Anthony J. Mejia, MMC City Clerk/Secretary Docusign Envelope ID: 18789CDF-D4D2-466B-BBED-0F722BE557B7