HomeMy WebLinkAbout2023-01-12 City Council Meeting MinutesThursday, January 12, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on
Thursday, January 12, 2023, at 5:32 p.m.
PLEDGE OF ALLEGIANCE:
Ally Seward, Senior at Palm Springs High School she is President of Future Business Leaders of
America and Academy of Business Leadership and Entrepreneurship.
ROLL CALL:
Present: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem
Jeffrey Bernstein; and Mayor Grace Elena Garner.
Absent: None.
City Staff
Present: Teresa Gallavan, Interim City Manager, Jeremy Hammond, Deputy City Manager;
Flinn Fagg, Deputy City Manager, Jeffrey Ballinger, City Attorney; Brenda Pree, City
Clerk and Cassandra Edney, Deputy City Clerk, were present at Roll Call. Other staff
members presented reports or responded to questions as indicated in the minutes.
PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:
None.
ACCEPTANCE OF THE AGENDA:
By consensus, the City Council agreed to accept the agenda with Consent Item No’s 1H and 1I
removed for separate discussion.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of January 12, 2023 was called to order by Mayor
Garner at 3:07 p.m., with five members present.
The meeting convened into Closed Session to discuss the following items as listed on the Regular
Closed Session Meeting Agenda with no reportable action.
City Council Minutes January 12, 2023
City of Palm Springs Page 2
MOTION MADE BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to add existing litigation.
Palm Springs Promenade, LLC., v. Department of Industrial Relations, City of Palm
Springs – Riv. Sup. Ct. No. CVPS22204053
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1)
Barnett v. City of Palm Springs, et al., USDC, Central District of California, No.:
5:21cv1965
CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING SIGNIFICANT
EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):
Four (4) matters that, in the opinion of the City council on the advice of the City Attorney,
based on existing facts and circumstance, there is significant exposure to litigation against
the City.
Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and
Barry J. Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.
Claim No. 22-0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin &
Martin, LLP Pearl Devers & Section 14 Survivors and Descendants.
CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF
LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):
Under existing facts and circumstances, there are three (3) matters the City Council has
decided or may decide to initiate litigation.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code
Section 54956.8
Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004)
Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Teresa Gallavan, Interim City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants
CONFERENCE WITH REAL LABOR NEGOTIATOR, Pursuant to Government Code Section
54957.6
City Negotiators: Teresa Gallavan, Interim City Manager
Jeremy Hammond, Deputy City Manager
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City of Palm Springs Page 3
Stephanie George, HR Director
Peter Brown, Legal Counsel
Employee Organization: Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighter Association (PSFA)
Palm Springs Fire Management (PSFMA)
PUBLIC EMPLOYEE APPOINTMENT, Pursuant to Government Code Section 54957
Title: City Manager Recruitment
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section
54957.6
City Designated Representatives: Jeffrey S. Ballinger, City Attorney
Frank Rojas, Recruiter, Koff & Associates
Unrepresented Employee: City Manager
PUBLIC COMMENT:
Michael Joseph Pitkin
David Feltman
David Murphy
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to approve the consent calendar with abstention on 1B for
deHarte and Bernstein, Recusal for 1C for Councilmember Middleton and pull for separate
discussion 1H and 1I.
A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION AND
COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0, to find that the City Council has considered the
circumstances of the state of emergency during a proclaimed state of emergency, and state
or local officials have imposed or recommended measures to promote social distancing,
and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission,
and Committee meetings may be held by videoconference, in accordance with AB 361.
City Council Minutes January 12, 2023
City of Palm Springs Page 4
B. APPROVAL OF MINUTES:
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 3-0-2 (deHarte, Ron and Bernstein, Jeffrey) to approve the City
Council Meeting Minutes of December 5, 2022.
C. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0-1(recusal, Middleton, Lisa) to adopt a Resolution No. 25078
entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/
DISBURSEMENTS FOR THE PERIOD ENDING 11-12-22 AND 11-26-22 TOTALING
$4,623,724.67 AND ACCOUNTS PAYABLE WARRANTS DATED 11-10-22 AND 11-
23-22 TOTALING $12,683,747.75, IN THE AGGREGATE AMOUNT OF
$17,307,472.42, DRAWN ON BANK OF AMERICA."
D. RESOLUTION SETTING THE REGULAR CITY COUNCIL MEETING
SCHEDULE FOR 2023
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to adopt a Resolution No. 25075 entitled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE CITY COUNCIL REGULAR MEETING PLACE,
DAYS, AND TIME AND RESCINDING RESOLUTION NO. 24947.”
E. MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to adopt a Resolution No. 25079 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE MODIFICATION OF THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE PUBLIC EMPLOYEES’
ASSOCIATION OF PALM SPRINGS.” and authorize the Interim City Manager to
execute all necessary documents.
F. AUTHORIZE THE PURCHASE OF TURNOUT GEAR IN THE AMOUNT OF
$117,710.32 FROM ALLSTAR FIRE EQUIPMENT, INC
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to – (Interim City Manager made note of the distribution
amounts, full amount stays the same);
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City of Palm Springs Page 5
1. In accordance with Section 7.09.010 of the Palm Springs Municipal Code,
“Cooperative Purchasing Programs”, authorize the purchase of 37 sets of turnout
gear for the Palm Springs Fire Department from Allstar Fire Equipment Inc.,
pursuant to Sourcewell Cooperative Purchasing Contract 032620-LIO, in the
amount of $117,710.32.
2. Authorize the Interim City Manager or designee to execute all necessary
documents.
G. AMENDMENT NO. 3 TO AGREEMENT NO. A8884 WITH TYSEN KNIGHT
PRODUCTIONS FOR MINOR REPAIRS AND MAINTENANCE OF PUBLIC ARTS
PROJECTS
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to approve Amendment No. 3 to Agreement No. 8884 with
Tysen Knight Productions for Public Arts projects repairs and maintenance services in the
amount of $5,000 for a total contract amount of $20,000.
H. APPROVE PUBLIC ARTS FUNDING IN THE AMOUNT OF $20,000 FOR THE
ASPHALT ART PROJECT ADJACENT TO THE JAMES O. JESSIE DESERT
HIGHLAND UNITY CENTER LOCATED AT 480 WEST TRAMVIEW ROAD
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to approve funding in the amount of $20,000 of Public Art
Funds for an Asphalt Art Project adjacent to the James O. Jessie Desert Highland Unity
Center to be completed with good materials only.
I. RATIFY CONTRACT AMENDMENT FOR TEMPORARY OVERNIGHT
SHELTER SERVICES IN THE AMOUNT OF $105,464
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to;
1. Ratify Amendment No. 3 to Agreement No. A8922 with Martha’s Village and
Kitchen, increasing the contract amount by $105,484 for a total contract amount
not to exceed $317,534 for temporary overnight shelter services from January 2,
2023, to February 28, 2023.
2. Authorize the Interim City Manager to make minor changes and execute all
necessary documents.
J. APPROVE A PLAN AMENDMENT TO THE CITY OF PALM SPRINGS
RETIREMENT HEALTH SAVINGS PLAN TO INCLUDE MANDATORY
EMPLOYEE COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM
SPRINGS FIREFIGHTER ASSOCIATION EMPLOYEES
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to;
City Council Minutes January 12, 2023
City of Palm Springs Page 6
1. Adopt a Resolution No. 25080 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
MODIFYING THE CITY OF PALM SPRINGS RETIREMENT HEALTH
SAVINGS PLAN AGREEMENT TO INCLUDE EMPLOYEE
COMPENSATION CONTRIBUTIONS BY ELIGIBLE PALM SPRINGS
FIREFIGHTER ASSOCIATION EMPLOYEES.”
2. Authorize the Interim City Manager to execute all documents necessary to
effectuate this action.
K. APPROVAL AND TRANSMITTAL OF RECOGNIZED OBLIGATIONS PAYMENT
SCHEDULE (ROPS 23-24A AND 23-24B) FOR THE PERIOD OF JULY 1, 2023
THROUGH JUNE 30, 2024, PURSUANT TO SECTION 34169(G)(1) OF
CALIFORNIA HEALTH & SAFETY CODE
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to adopt a Resolution No. 25081 entitled, “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ACTING SOLELY IN ITS CAPACITY AS SUCCESSOR AGENCY TO THE PALM
SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE
RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 23-24 A&B) AND AN
ADMINISTRATIVE EXPENSE BUDGET FOR THE PERIOD OF JULY 1, 2023,
THROUGH JUNE 30, 2024, PURSUANT TO THE CALIFORNIA HEALTH & SAFETY
CODE.”
L. APPROVE AN AMENDMENT TO AGREEMENT A8503 WITH TYLER
TECHNOLOGIES, INC. TO ADD PAYROLL, HR, AND BUDGET PREPARATION
MODULES FOR $256,531 AND ADJUSTING THE FIVE-YEAR CONTRACT
TOTAL TO $3,842,497
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to;
1. Approve an amendment to Agreement A8503 with Tyler Technologies, Inc. to add
payroll, HR, and budget preparation modules for $256,531, including
implementation costs, adjusting the five-year contract total to $3,842,497.
2. Approve a contingency of $18,900 for unanticipated implementation costs.
3. Appropriate $256,531 from Capital Projects fund balance.
M. APPROVAL OF AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2022-23
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to;
1.Adopt a Resolution No. 25082 entitled, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
City Council Minutes January 12, 2023
City of Palm Springs Page 7
AMENDMENT NO. 3 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN FOR FISCAL YEAR 2022-2023, ADOPTED BY
RESOLUTION NO. 25033.”
2.Authorize the Interim City Manager to execute all documents necessary to
effectuate this action.
N. TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS AND
AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING RIVERSIDE
COUNTY TRANSPORTATION COMMISSION TRANSACTIONS AND USE TAX
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to;
1. Approve the Tribal Sales Tax Agreement.
2. Authorize the Interim City Manager (or her designee) to execute the Tribal Sales
Tax Agreement, as well as any other documents necessary to carry out the
Agreement.
O. RATIFY THE NOMINATION OF THE CITY OF CATHEDRAL CITY TO THE
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to appoint Tony Michaelis, representing the City of Cathedral
City, to the Palm Springs International Airport Commission effective immediately for a
term ending June 30, 2024.
P. ACCEPTANCE OF RESIGNATIONS FROM THE AIRPORT COMMISSION,
HUMAN RIGHTS COMMISSION, AND SUSTAINABILITY COMMISSION
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to accept with regret the resignation of Thomas Weil from
the Airport Commission, Terrie Andrade from the Human Rights Commission, and Randy
Evans from the Sustainability Commission.
Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 2074 APPROVING A
GENERAL PLAN AMENDMENT AND A ZONING TEXT AMENDMENT TO
MODIFY RESIDENTIAL DENSITY STANDARDS FOR THE CBD LAND USE
DESIGNATION AND TO REVISE LEGAL NON-CONFORMING CRITERIA TO
ALLOW CONVERSION OF CERTAIN HOTEL USES TO MULTIFAMILY
RESIDENTIAL APARTMENT USES (CASE NO. 5.1549 GPA & 5.1539 ZTA)
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to waive the second reading of text in its entirety, read by
title only, and adopt Ordinance No. 2074, “AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1539 ZTA,
ZONE TEXT AMENDMENT, TO AMEND THE PALM SPRINGS ZONING CODE BY
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City of Palm Springs Page 8
ADDING SECTION 94.05.085 TO REVISE LEGAL NON-CONFORMING CRITERIA
TO ALLOW FOR CERTAIN HOTEL TO APARTMENT CONVERSIONS WITH A
CONDITIONAL USE PERMIT (CASE 5.1539 ZTA).”
R. SECOND READING AND ADOPTION OF ORDINANCE NO. 2076 APPROVING
AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER 92.00 RELATED
TO ZONING REGULATIONS FOR CHILDCARE USES (CASE 5.1566 ZTA)
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to waive the second reading of text in its entirety, read by
title only, and adopt Ordinance No. 2076, "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 92.00 OF
THE PALM SPRINGS ZONING CODE RELATED TO THE ZONING
REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566 ZTA).”
S. APPROVAL OF A NOTICE TO PROCEED TO VEOLIA WATER WEST
OPERATING SERVICES, INC. IN THE AMOUNT OF $598,828 FOR LIFT
STATION NO. 1 IMPROVEMENTS, CITY PROJECT 22-43
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 5-0 to;
1. Authorize the City Engineer to issue a Notice to Proceed to Veolia Water West
Operating Services, Inc. in an amount not to exceed $598,828 for Lift Station No.
1 Improvements, City Project No. 22-43
2. Authorize the Interim City Manager to execute all necessary documents.
2. PUBLIC HEARINGS:
A. PROPOSED ORDINANCES ADOPTING AND AMENDING THE 2022
CALIFORNIA BUILDING STANDARDS CODE (TITLE 24 OF THE CALIFORNIA
CODE OF REGULATIONS), THE 2022 CALIFORNIA FIRE CODE, THE 2022
CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE,
THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA
MECHANICAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022
CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA
ENERGY CODE, THE 2022 CALIFORNIA EXISTING BUILDING CODE, THE
2022 CALIFORNIA HISTORICAL BUILDING CODE, AND ADOPTING AND
AMENDING THE 2021 INTERNATIONAL PROPERTY MAINTENANCE CODE
MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to;
1. Open the public hearing and receive public testimony.
2. Waive the second reading of the ordinance text in its entirety and adopt an
Ordinance No. 2078 entitled, “AN ORDINANCE OF THE CITY OF PALM
City Council Minutes January 12, 2023
City of Palm Springs Page 9
SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE I OF
CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING
BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS, AND DELETIONS, THE 2022 CALIFORNIA BUILDING
CODE, INCLUDING CHAPTER 1, APPENDICES C, I, AND J; THE 2022
CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX AH; THE
2022 CALIFORNIA MECHANICAL CODE; THE 2022 CALIFORNIA
PLUMBING CODE, INCLUDING APPENDICES A, B, D, G, H, I AND K; THE
2022 CALIFORNIA EXISTING BUILDING CODE; THE 2022 CALIFORNIA
HISTORICAL BUILDING CODE, INCLUDING APPENDIX A; THE 2022
CALIFORNIA ELECTRICAL CODE, INCLUDING ALL APPENDICES; THE
2022 CALIFORNIA ENERGY CODE, INCLUDING ALL APPENDICES; THE
2022 CALIFORNIA GREEN BUILDING STANDARDS CODE; AND THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE, INCLUDING ALL
APPENDICES."
3. Waive the second reading of the ordinance text in its entirety and adopt an
Ordinance No. 2079 entitled, “AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING AND RESTATING ARTICLE VI OF
CHAPTER 8.04 OF THE PALM SPRINGS MUNICIPAL CODE, ADOPTING
BY REFERENCE, TOGETHER WITH CERTAIN ADDITIONS,
AMENDMENTS, AND DELETIONS, THE 2022 CALIFORNIA FIRE CODE,
INCLUDING CERTAIN APPENDICES.”
3. BUSINESS & LEGISLATIVE:
A. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL SUBCOMMITTEES,
CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO CITY COMMISSIONS
AND BOARDS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS.
MOTION BY COUNCILMEMBER DEHARTE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 5-0 to review and make appointments to the City Council
Subcommittees, City Representatives to Projects, Liaisons to City Commissions and
Boards and Representatives to External Organizations. Adopt FPPC Form 806, Authorize
the City Clerk to prepare and execute FPPC Form 806 Public Official Appointments, and
direct the City Clerk to post on the City’s website as required.
PUBLIC COMMENT:
Michael Joseph Pitkin, resident
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT
Interim City Manager Gallavan and the City Council discussed the tentative upcoming meeting
schedule and agenda items.
ADJOURNMENT:
City Council Minutes January 12, 2023
City of Palm Springs Page 10
The City Council adjourned on Thursday, January 12, 2023, at 7:32 PM.
Respectfully submitted,
Brenda Pree, MMC, CERA
City Clerk
APPROVED BY CITY COUNCIL: 01/26/2023