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HomeMy WebLinkAbout2023-07-24 City Council Meeting Minutes (Joint PC Mtg) City of Palm Springs Page 1 Monday, July 24, 2023 Minutes of the Regular Joint Meeting of the City Council and Planning Commission of the City of Palm Springs Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference. JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION CALL TO ORDER: A Regular Joint Meeting of the Palm Springs City Council and Planning Commission was called to order by Mayor Garner on Monday, July 24, 2023, at 5:35 p.m. PLEDGE OF ALLEGIANCE Arlo Felci, elementary school student, led the Pledge of Allegiance. ROLL CALL Present: Councilmembers Ron deHarte and Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner. Absent: Councilmember Christy Holstege. City Staff Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Jeremy Present: Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Jeff Ballinger, City Attorney; Andrew Mills, Chief of Police; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. PUBLIC HEARING: A GENERAL PLAN AMENDMENT TO ADOPT ITS SIXTH CYCLE HOUSING ELEMENT AND APPROVE THE ASSOCIATED EIR ADDENDUM Mayor Garner announced that the Public Hearing item, titled “A General Plan Amendment to adopt the Sixth Cycle Housing Element and approve the associated EIR Addendum” was continued to allow additional time for coordination with external partners and stakeholders to finalize the revised Draft Housing Element. Mayor Garner adjourned the Joint Planning Commission Meeting. City of Palm Springs Page 2 REGULAR CITY COUNCIL MEETING PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES: • Retirement Proclamations for Leigh Gileno and Robert Perotti. ACCEPTANCE OF THE AGENDA MOTION BY MAYOR GARNER, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1N and 1T for further discussion. REPORT OF CLOSED SESSION The Regular Closed Session of the City Council of July 24, 2023, was called to order by Mayor Garner at 3:30 p.m. The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda, with no reportable action: CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Under existing facts and circumstances, there was one (1) matter. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4): Under existing facts and circumstances, there was one (1) matter. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code Section 54956.8: Property: 590 S. Indian Canyon Drive (APN# 508-121-018) 660 S. Palm Canyon Drive (APN# 508-132-041) 611 S Palm Canyon Drive (APN# 513-290-014, 015) 555 S Palm Canyon Drive (APN# 513-280-016) City Negotiator: Scott Stiles, City Manager Joel Montalvo, City Engineer Negotiating parties: PA Investments, LLC Veer Hospitality Palm Springs LLC SUN USA 513 Under negotiation: Price and terms of payment City of Palm Springs Page 3 PUBLIC TESTIMONY: Leigh Gileno, Paul Ortega, Fred Ross, Melissa Dolores Silva, JR Roberts, Kevin Corcoran, Kathy Weremiuk, Joel Milne, Greg Rodriguez, Gretchen Gutierrez, Jessica Spry, Don Cecil, James Hansen, and provided oral testimony: 1.CONSENT CALENDAR MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the Consent Calendar with removal of Item Nos. 1N and 1T, pulled for further discussion. A.FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, by motion find that: 1) The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID- 19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and 2) State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and 3) The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings. B.APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1.Appoint Mitchell Battersby to the Village Fest Board effective immediately to a term expiring on June 30, 2026. 2.Appoint Paige Azarakhsh and Erik Graham to the Sustainability Commission effective immediately to a term expiring on June 30, 2026. 3.Appoint Rod Davis to the Parks & Recreation Commission effective immediately to a term expiring on June 30, 2026. C.STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF JUNE 1 THROUGH JUNE 30, 2023 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of June 1 through June 30, 2023. City of Palm Springs Page 4 D.APPROVAL OF WARRANTS, CLAIMS, AND DEMANDS MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to adopt Resolution No. 25136, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 05-27-23, 06-10-23 AND 06-24-23 TOTALING $6,453,342.73 AND ACCOUNTS PAYABLE WARRANTS DATED 05-25- 23, 06-08-23 AND 06-22-23 TOTALING $13,170,913.55, IN THE AGGREGATE AMOUNT OF $19,624,256.28, DRAWN ON BANK OF AMERICA. E.APPROVAL OF THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS, THE CITY OF DESERT HOT SPRINGS, AND THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE WEST DESERT HOT SPRINGS MASTER DRAINAGE PLAN MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve a Cooperative Agreement by and between the City of Desert Hot Springs, Riverside County Flood Control and Water Conservation District, and the City of Palm Springs for the development and approval of the West Desert Hot Springs Master Drainage; and authorize the City Manager to execute all necessary documents. F.APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE AND AUTHORIZATION TO BID PALM SPRINGS STORM DRAIN LINE 20, CITY PROJECT 19-15 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for Palm Springs Storm Drain Line 20, City Project 19-15. G.APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 23E111 WITH 4LEAF, INC. FOR INTERIM CITY BUILDING OFFICIAL SERVICES MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment No. 1 to Agreement No. 23E111 with 4Leaf, Inc., to provide continued interim building official services in an additional amount of $40,000 for a total revised contract amount not to exceed $114,400; and authorize the City Manager or designee to execute all necessary documents. City of Palm Springs Page 5 H.APPROVE COOPERATIVE PURCHASE AGREEMENT WITH NETWORK SERVICES COMPANY DBA NETWORK DISTRIBUTION TO PROVIDE JANITORIAL SUPPLIES AND EQUIPMENT FOR THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1.Approve Cooperative Purchase Agreement No. 23C066 with Network Services Company dba Network Distribution to provide janitorial supplies and equipment for the Palm Springs International Airport for a four-year term in an amount not to exceed $800,000, beginning on the date provided in the Notice to Proceed, with a one-year extension option upon mutual agreement. 2.Authorize the City Manager or his designee to execute all necessary documents. I.APPROVAL OF AMENDMENT NO. 8 TO LEASE AGREEMENT NO. A3613 WITH PALM SPRINGS AIR MUSEUM FOR HANGAR RENTAL MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1.Approve a three-year lease extension for the Palm Springs Air Museum for a 10,000- square-foot hangar to store aircraft for a period commencing August 1, 2023, through July 31, 2026, at a rent of $2,500 per month. 2.Authorize the Airport Executive Director to approve up to two additional six-month extensions commencing on August 1, 2026, if requested by the Palm Springs Air Museum. 3.Authorize the City Manager or designee to execute all necessary documents. J.AWARD OF A FIVE-YEAR AIRPORT GROUND LEASE TO THE PALM SPRINGS AIR MUSEUM MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1.Approve Airport Ground Lease with the Palm Springs Air Museum for the initial five-year term beginning August 1, 2023, through July 31, 2028, at a rental rate of $3,800 per month, with a potential five-year extension option. 2.Authorize the City Manager or designee to execute all necessary documents. K.AUTHORIZE THE PURCHASE OF ONE (1) NEW CATERPILLAR 120JOY AWD MOTOR GRADER AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED $515,187.10 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve the issuance of a purchase order to Quinn Company for the purchase of one new Caterpillar 120JOY AWD Motor Grader and equipment in an amount not to exceed $515,187.10, inclusive of sales tax; and authorize the City Manager or designee to execute all necessary documents. City of Palm Springs Page 6 L.APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. A7148 FOR ON-CALL AVIATION CONSULTING SERVICES WITH RS&H CALIFORNIA, INC. AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve Amendment 1 to Professional Services Agreement No. A7184 with RS&H for a 3-year term; and authorize the City Manager or designee to execute all necessary documents. M.APPROVE AGREEMENT NO. 23B148 WITH WATERLINE TECHNOLOGIES, INC. FOR POOL CHEMICALS FOR THE PALM SPRINGS SWIM CENTER MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to: 1.Approve Contract Services Agreement No. 23B148 with Waterline Technologies, Inc., to provide pool chemicals for the Palm Springs Swim Center for an amount not to exceed $400,000 beginning August 1, 2023, through July 31, 2026, with two one- year extension options at the City’s sole discretion. 2.Authorize the City Manager or designee to execute all necessary documents. N.EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE UNFUNDED ACCRUED LIABILITY (UAL) This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. O.APPROVE A REIMBURSEMENT AGREEMENT BY AND BETWEEN THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND THE CITY OF PALM SPRINGS FOR DESIGN AND ENGINEERING SERVICES RELATED TO THE INDIAN CANYON DRIVE FLOOD AND BLOWSAND IMPROVEMENTS MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve a Reimbursement Agreement for an agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments for the design and engineering services of the Indian Canyon Drive flood and blow sand improvements; and authorize the City Manager to execute all necessary documents. P.APPROVE AGREEMENT WITH EBSCO PUBLISHING FOR FIVE YEARS OF ACCESS TO ELECTRONIC MAGAZINE AND NEWSPAPER ARTICLES MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to approve a five-year agreement with EBSCO in the amount of $57,921 for cataloging, metadata, and interlibrary loan services; and authorize the City Manager to execute all necessary documents. City of Palm Springs Page 7 Q.ACCEPTANCE OF INSTALLATION OF A FLASHING BEACON, CITY PROJECT 16-19 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to 1.Accept the public works improvement identified as the installation of a Flashing Beacon, City Project No. 16-19, as completed in accordance with the plans and specifications; and, 2.Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the installation of a Flashing Beacon, City Project No. 16-19. R.AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT SECURITIES FOR THE “MIRALON” DEVELOPMENT, TRACT NO. 31848-1 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to 1.Adopt Resolution No. 25137, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A REDUCTION OF SECURITIES GUARANTEEING COMPLETION OF CERTAIN WORKS OF IMPROVEMENT ASSOCIATED WITH TRACT MAP 31848-1 REQUIRED BY THE SUBDIVISION IMPROVEMENT AGREEMENT WITH AVALON 1150, LLC, A DELAWARE LIMITED LIABILITY COMPANY, (A5393), FOR PROPERTY LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY, IN SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST.” 2.Authorize the City Manager to execute any necessary documents. S.AWARD OF A PROFESSIONAL DESIGN SERVICES CONTRACT TO KIMLEY- HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $161,395 FROM MEASURE J FUNDS FOR THE DEMUTH PARK PICKLEBALL EXPANSION, CITY PROJECT NO. 22-24 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to award the professional design contract to Kimley-Horn and Associates, Inc., a California corporation, in the amount of $161,395 from Measure J funds for the Demuth Park Pickleball Expansion, City Project No. 22-24; and authorize the City Manager to execute all necessary documents. T.AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION FOR MANAGEMENT, OPERATION, AND ENTERTAINMENT PRODUCTION SERVICES FOR THE HISTORIC PLAZA THEATRE This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. City of Palm Springs Page 8 EXCLUDED CONSENT CALENDAR: N.EARLY LUMP SUM ANNUAL PAYMENT TO CALPERS TOWARDS RETIREE UNFUNDED ACCRUED LIABILITY (UAL) MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to receive and file. T.AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION FOR MANAGEMENT, OPERATION, AND ENTERTAINMENT PRODUCTION SERVICES FOR THE HISTORIC PLAZA THEATRE MOTION BY COUNCILMEMBER DEHARTE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1.Approve Agreement for Management, Operation, and Entertainment Production Services for the Historic Plaza Theatre between City of Palm Springs and The Palm Springs Plaza Theatre Foundation; and, 2.Authorize the City Manager to execute said Agreement, as well as any minor changes to the Agreement acceptable to the City Manager and City Attorney, as amended. 2.PUBLIC HEARINGS A.ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL YEAR 2023-2024 MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1.Open the Public Hearing and take public testimony; and, 2.Adopt Resolution No. 25138, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ENGINEER’S REPORT AND ORDERING THE CONTINUED OPERATION AND MAINTENANCE OF IMPROVEMENTS FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND ORDERING THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024.” B.PUBLIC HEARING ON APPEAL OF CALIBLISS, LLC CONDITIONAL CANNABIS EXPIRATION (PERMIT NO. C-2019-096) At the request of staff and the applicant, Mayor Garner reported that Item No. 2B, titled “Appeal of Calibliss, LLC Conditional Cannabis Expiration (Permit No, C-2019-096)”, was continued to the Regular City Council Meeting of September 14, 2023. City of Palm Springs Page 9 3.BUSINESS & LEGISLATIVE A.AWARD A CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE INBOUND BAGGAGE CLAIM AT THE PALM SPRINGS INTERNATIONAL AIRPORT MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1.Award Construction Manager at Risk Agreement No. 23P160 with Skanska USA Building Inc. for the construction of the inbound baggage claim at the Palm Springs International Airport for an initial guaranteed maximum price not to exceed $29,041,747 which will adjust over time when the trade packages are bid, as outlined in the Agreement. 2.Authorize the City Manager or designee to approve the final guaranteed maximum amount for the project at a later date as outlined in the Agreement. 3.Approve a contingency for the project of approximately 15% or $4,356,000 for adjustments to the scope of work or unforeseen conditions to meet the program requirements and authorize the City Manager or designee to issue change orders up to this amount to allow the project to be completed in a timely manner. B.APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $2,200,000 FOR THE DEVELOPMENT AND CONSTRUCTION OF THE MONARCH PROJECT LOCATED AT 3290 N INDIAN CANYON DR, A 60-UNIT MULTI-FAMILY PROJECT IN THE CITY OF PALM SPRINGS MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to: 1.Appropriate funds in the amount of $2,200,000 from Housing Set-aside resources in the Fiscal Year 2024 Budget. 2.Approve a Funding Commitment in the amount of $2,200,000 for the Community Housing Opportunities Corporation for the Monarch Apartment Homes Project, subject to terms and conditions of the Disposition and Development Agreement; and, 3.Authorize the City Manager to execute a Funding Commitment Letter for the Monarch Apartment Homes Project, including making minor, non-substantive changes, and to sign all necessary documents. C.REQUEST FOR ACCEPTANCE OF AN INCLUSIONARY HOUSING FEASIBILITY ANALYSIS AND A COMMERCIAL LINKAGE FEE NEXUS STUDY MOTION BY MAYOR GARNER, SECOND BY MAYOR PRO TEM BERNSTEIN, CARRIED 5-0, to accept the Inclusionary Housing Feasibility Analysis and the Commercial Linkage Fee Nexus Study and provide further direction to staff. RECESS/RECONVENE: The City Council recessed at 8:06 p.m. and reconvened at 8:13 p.m., with all members present. City of Palm Springs Page 10 D. REQUEST TO AMEND CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 4-1 (COUNCILMEMBER MIDDLETON VOTING NO), to: 1. Waive the reading of the ordinance text in its entirety and read by title only; and, 2. Introduce on first reading Ordinance No. 2086, entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 6.15 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO MOBILE FOOD VENDING VEHICLE REGULATIONS,” as amended. E. INTRODUCTION AND FIRST READING OF A PROPOSED ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OPERATIONS INCENTIVE PROGRAM MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER DEHARTE, CARRIED 5-0, to waive reading of the text and introduce for first reading proposed an Ordinance No. 2087, Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.26 OF THE PALM SPRING MUNICIPAL CODE, REGARDING THE HOTEL OPERATIONS INCENTIVE PROGRAM.” PUBLIC COMMENT: None. CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Mayor Garner and Mayor Pro Tem Bernstein provided comments. ADJOURNMENT: The City Council adjourned the meeting of Monday, July 24, 2023, at 9:49 p.m. Respectfully submitted, ______________________________ Brenda Pree, MMC, CERA City Clerk APPROVED BY CITY COUNCIL: 9/14/2023