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HomeMy WebLinkAbout2025-02-13 CC Meeting Minutes - Signed City of Palm Springs Page 1 Thursday, February 13, 2025 Minutes of the Regular Meeting of the City Council of the City of Palm Springs CALL TO ORDER: A Regular Meeting of the Palm Springs City Council was called to order by Mayor deHarte on Thursday, February 13, 2025, at 5:32 p.m. PLEDGE OF ALLEGIANCE: Mya Winfrey, a high school student, led the Pledge of Allegiance. Saniyah Towner, a senior at Palm Springs High School, and Janel Hunt, the Assistant Principal, spoke on Black History. ROLL CALL: Present: Councilmembers Jeffrey Bernstein, Grace Elena Garner, and David Ready; Mayor Pro Tem Naomi Soto; and Mayor Ron deHarte. Absent: None. City Staff Present: Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; Flinn Fagg, Deputy City Manager; Jeremy Hammond, 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. PRESENTATIONS : A. DOWNTOWN PARKING STUDY UPDATE Julie Dixon (Dixon Resources) provided a presentation. PROCLAMATIONS: Mayor deHarte announced the issuance of the following proclamations: • February was proclaimed Black History Month. This year’s Black History Month theme is “African Americans and Labor,” which focuses on the various and profound history and culture of African Americans and the substantial contributions they have made to society, such as the ability to store blood transfusions, made possible by Dr. Charles Drew’s research in blood plasma, and the invention City Council Minutes February 13, 2025 City of Palm Springs Page 2 of the traffic signal by Garrett A. Morgan. The significant history and enriching culture of African Americans will be recounted and celebrated throughout the nation. • On February 1, 2025, award–winning actress Jenifer Lewis was recognized in honor of her exceptional talent, vibrant spirit, and unwavering commitment to empowering others through her work in film, television, and music. Jenifer is a passionate advocate for civic and social justice and has used her platform to urge others to take action and make their voices heard. • February 13 – February 23, 2025, was proclaimed as Modernism Week in honor of it being the world’s largest celebration of midcentury and modern architecture, design and culture. February 14, 2025, was proclaimed as Palm Springs Modernism Show Day in the City of Palm Springs . The Palm Springs Modernism Show will be celebrating 25 years as a globally acclaimed show that welcomes dealers presenting the best vintage 20th-century and compelling 21st-century designs since 2001. • February 14, 2025, was proclaimed as Elizabeth Edwards Harris Day. Ms. Edwards Harris was honored with the 474th star on the Palm Springs Walk of Stars, recognizing her significant philanthropic contributions that have profoundly enriched the cultural landscape of Palm Springs. ACCEPTANCE OF THE AGENDA: MOTION BY MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to accept the agenda with the removal of Consent Calendar Item No. 1S for separate discussion; noting a revision to Consent Calendar Item 1A; with Councilmember Garner abstaining from Consent Calendar Item No. 1A. REPORT OF CLOSED SESSION: The Closed Session of the City Council of February 13, 2025, was called to order by Mayor deHarte at 3:00 p.m. The meeting convened into Closed Session to discuss the following items as listed on the Closed Session Meeting Agenda, with no reportable action: 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 LEGAL COUNSEL—SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2): Under existing facts and circumstances, there were two (2) matters. Claim from Lauri Edelstein, Esq., on behalf of Southern California Edison, dated October 18, 2024. Festival of Lights Parade Accident CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8: City Council Minutes February 13, 2025 City of Palm Springs Page 3 Property: City Negotiator: Negotiating Parties: Under Negotiation: 2300 Baristo Road, Palm Springs, CA 92262; 1.29 Acres; (APN: 502-190-017) Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; and Jeff Ballinger, City Attorney Palm Springs Cultural Center Price and Terms Property: City Negotiator: Negotiating Parties: Under Negotiation: 4721 East Palm Canyon, Suites A-E, and F Scott Stiles, City Manager; Jeannie Kays, Library Director Pacific Castle Rimrock, LLC Price and Terms of Lease PUBLIC TESTIMONY: Jim Seavey, Michael J. Finland, Michael Joseph Pitkin, David Feltman, Rod Davis, Nancy Ferguson, David Vignolo, and T Santora provided oral testimony. 1. CONSENT CALENDAR: MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0 (with Councilmember Garner abstaining from Item No. 1A), to approve the Consent Calendar with the removal of Item No. 1S for separate discussion. A. APPROVAL OF MINUTES OF JANUARY 23, 2025 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 4-0-1 (with Councilmember Garner abstaining from Item No. 1A), to approve the City Council Meeting Minutes of January 23, 2025, as revised. B. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25274, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 01-04-25 TOTALING $2,885,682.20 AND ACCOUNTS PAYABLE WARRANTS DATED 01-02-25 TOTALING $2,821,770.89, IN THE AGGREGATE AMOUNT OF $5,707,453.09 DRAWN ON BANK OF AMERICA." C. TREASURER’S INVESTMENT REPORT AS OF DECEMBER 31, 2024 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to Receive and File the Treasurer’s Investment Report as of December 31, 2024. City Council Minutes February 13, 2025 City of Palm Springs Page 4 D. ACCEPTANCE OF RESIGNATION FROM THE HUMAN RIGHTS COMMISSION AND APPOINTMENT TO THE AIRPORT COMMISSION MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Accept the resignation of Oliver Cleary from the Human Rights Commission, effective immediately. 2. Reappoint Dirk Voss to the Airport Commission, effective immediately for a term ending January 21, 2027, from the City of Desert Hot Springs. E. REAPPOINTMENT TO THE COACHELLA VALLEY MOSQUITO & VECTOR CONTROL BOARD OF TRUSTEES MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to reappoint Douglas Kunz to the Coachella Valley Mosquito and Vector Control District Board of Trustees for the term ending December 31, 2028. F. DESTRUCTION OF OBSOLETE RECORDS PURSUANT TO THE ADOPTED RECORDS RETENTION SCHEDULE AND DESTRUCTION PROCEDURE MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25275, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF RECORDS (AS IDENTIFIED ON EXHIBIT “A”) AND IN COMPLIANCE WITH THE RETENTION SCHEDULE ADOPTED PER RESOLUTION NO. 25239.” G. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS TO ENTER INTO AN AGREEMENT WITH THE GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Adopt Resolution No. 25276, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ENTER INTO AN AGREEMENT WITH THE GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT FOR CANNABIS EQUITY GRANT FUNDING FOR THE FISCAL YEAR 24/25.” 2. Authorize the City Manager to execute all documents consistent with this resolution. H. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), AUTHORIZATION TO BID, AND APPROVAL OF AMENDMENT NO. 2 IN THE AMOUNT OF $146,800 TO PROFESSIONAL SERVICES AGREEMENT 23P173 WITH KIMLEY-HORN AND ASSOCIATES INC., FOR THE DEMUTH PARK PICKLEBALL COURT EXPANSION PROJECT, CITY PROJECT 22-24 (INCLUDES MEASURE J FUNDS) City Council Minutes February 13, 2025 City of Palm Springs Page 5 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Demuth Park Pickleball Court Expansion Project, City Project No. 22-24 (the “Project”); 2. Approve Amendment No. 2 in the amount of $146,800 to Professional Services Agreement 23P173 for a new not-to-exceed amount of $408,195 with Kimley-Horn and Associates, Inc. for the Project. 3. Authorize the City Manager to execute all necessary documents. I. APPROVE CONTRACT SERVICES AGREEMENT NO. 25P022 WITH UNIVERSAL PROTECTION SERVICE LP, DBA ALLIED UNIVERSAL SECURITY SERVICES, FOR UNARMED UNIFORMED SECURITY GUARD SERVICES FOR CITY FACILITIES MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve Contract Services Agreement No. 25P022 with Universal Protection Service LP, DBA Allied Universal Security Services, to provide unarmed uniformed security guard services for City facilities for an initial three-year term in an amount not to exceed $3,576,108.84 beginning March 1, 2025, through February 29, 2028, with two one-year extension options by mutual written consent of the City and contractor; and 2. Authorize the City Manager or designee to execute all necessary documents. J. ANNUAL ACCOUNTABILITY REPORT FOR COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND COMMUNITY FACILITIES DISTRICT 2007-1 (TRIBAL LANDS) MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to receive and file the Community Facilities District No. 2005 – 1 (Public Safety Services) and Community Facilities District No. 2007 – 1 (Tribal Land) Special Tax and Bond Accountability Report for Fiscal Year 2024-25. K. APPROVAL OF THE FISCAL YEAR 2025/2026 CSA 152 SPECIAL ASSESSMENT RATE MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25277, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2024/2025 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.” L. APPROVAL OF TWO (2) COMMERCIAL REAL ESTATE BROKER AGREEMENTS WITH CBRE, INC., AND THE ACADEMY GROUP, INC., FOR ON-CALL REAL ESTATE BROKERAGE SERVICES City Council Minutes February 13, 2025 City of Palm Springs Page 6 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve Commercial Real Estate Broker Agreement No. 25P030 with CBRE, Inc., for on- call real estate brokerage services for an initial one (1) year term; 2. Approve Commercial Real Estate Broker Agreement No. 25P031 with The Academy Group, Inc., for on-call real estate brokerage services for an initial one (1) year term; 3. Authorize the City Manager or designee to execute all necessary documents. M. SECOND READING AND ADOPTION OF ORDINANCE NO. 2109 OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 8.04 RELATIVE TO THE CREATION AND FUNCTIONS OF A BUILDING CODE BOARD OF APPEALS MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2109, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 8.04.015 OF THE PALM SPRINGS MUNICIPAL CODE TO MAKE CERTAIN ADMINISTRATIVE AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODE REGARDING THE DESIGNATION, COMPOSITION, AND AUTHORITY OF BUILDING APPEALS BODIES; AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.” N. APPROVAL OF A REAL PROPERTY DONATION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE TRUSTEES OF THE FRANCINE OSCHIN AND MICHAEL OSCHIN REVOCABLE TRUSTS FOR A 1.85 ACRE PARCEL IN THE CHINO CONE AREA MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to approve the Real Property Donation Agreement and accept the donation of the subject parcel. Authorize the City Manager, or the City Manager’s designee, to take any action and execute any documents necessary to effectuate the transfer. O. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 24P147 WITH 4LEAF, INC. FOR FIRE PREVENTION INSPECTION SERVICES MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to 1. Approve Amendment No. 1 to Agreement No. 24P147 with 4LEAF, Inc., for additional fire prevention inspection services and to extend the term through January 31, 2027, for an additional amount of $338,520 and a total revised contract amount not to exceed $611,520; 2. Authorize the City Manager or designee to execute all necessary documents. P. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND AUTHORIZATION TO BID INDIAN CANYON DRIVE SEWER PHASE 2, CITY PROJECT 01-11B City Council Minutes February 13, 2025 City of Palm Springs Page 7 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Indian Canyon Drive Sewer Phase 2, City Project 01 - 11B (“the Project”). Q. ACCEPTANCE OF THE NAVIGATION CENTER PROJECT AND APPROVAL OF FINAL BALANCING CHANGE ORDER, CITY PROJECT 22-05 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve final balancing change order in the amount of $827,580 increasing the project contingency to $3,827,580; and 2. Accept the public works improvement identified as the Navigation Center, City Project 22- 05, as completed in accordance with the plans and specifications; and 3. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Navigation Center, City Project No. 22-05; and 4. Authorize the City Manager to execute all necessary documents. R. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E), AUTHORIZATION TO BID, AND APPROVAL OF TASK ORDER NO. 1 IN THE AMOUNT OF $150,000 WITH HARRIS & ASSOCIATES, PURSUANT TO ON-CALL AGREEMENT 24P380, FOR THE GENE AUTRY TRAIL WIND WALL, CITY PROJECT 18-14 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: 1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Gene Autry Trail Wind Wall, City Project 18-14 (“the Project”). 2. Authorize a Task Order with Harris & Associates pursuant to On-Call Agreement 24P380, in an amount not to exceed $150,000 for additional civil engineering services for the Project; and, 3. Authorize the City Manager to execute all necessary documents. S. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E), AND AUTHORIZATION TO BID THE 2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01 (MEASURE J FUNDS) This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar. T. APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT 23P071 WITH KOA CORPORATION IN THE AMOUNT OF $159,996.79 FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING SERVICES FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18 MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to: City Council Minutes February 13, 2025 City of Palm Springs Page 8 1. Approve Amendment No. 1 to Professional Services Agreement 23P071 with KOA Corporation in the amount of $159,996.79 for additional construction management, inspection and materials testing services; and 2. Authorize the City Manager to execute all necessary documents. U. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION OF EXISTING SUBDIVISION IMPROVEMENT AGREEMENT (24N193) AND SECURITIES FOR TRACT MAP 38049 BY SISTER CITY INVESTMENTS, INC., A CALIFORNIA CORPORATION, FROM AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25278, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ASSIGNMENT AND ASSUMPTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT (24N193) AND SECURITIES FOR TRACT MAP 38049 BY SISTER CITY INVESTMENTS, INC., A CALIFORNIA CORPORATION, FROM AG LAND INVESTMENTS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 2700 E ALEJO ROAD, IN SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST.” V. APPROVAL OF AN ASSIGNMENT AND ASSUMPTION OF EXISTING SUBDIVISION IMPROVEMENT AGREEMENT (A9470) AND SECURITIES FOR TRACT MAP 36969 BY LENNAR HOMES OF CALIFORNIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FROM EHOF CANYON VIEW, LLC, A DELAWARE LIMITED LIABILITY COMPANY MOTION BY COUNCILMEMBER GARNER, SECOND BY COUNCILMEMBER BERNSTEIN, CARRIED 5-0, to adopt Resolution No. 25279, entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE ASSIGNMENT AND ASSUMPTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT (A9470) AND SECURITES FOR TRACT MAP 36969 BY LENNAR HOMES OF CALIFORNIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FROM EHOF CANYON VIEW, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE, IN SECTION 30, TOWNSHIP 4 SOUTH, RANGE 5 EAST.” EXCLUDED CONSENT CALENDAR: S. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E), AND AUTHORIZATION TO BID THE 2025 PAVEMENT REHABILITATION, CITY PROJECT NO. 25-01 (MEASURE J FUNDS) MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the plans, specifications & estimate, and authorize Staff to advertise and solicit bids for the 2025 Pavement Rehabilitation, City Project 25-01. City Council Minutes February 13, 2025 City of Palm Springs Page 9 2. PUBLIC HEARINGS: A. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT BETWEEN THE CITY OF PALM SPRINGS AND YARA HOTEL, PURSUANT TO MUNICIPAL CODE CHAPTER 5.26 OF THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM MOTION BY COUNCILMEMBER BERNSTEIN, SECOND BY COUNCILMEMBER READY, CARRIED 5-0, to: 1. Open the Public Hearing and receive public testimony; and 2. Approve a Hotel Operations Covenant Agreement with Yara Hotel located at 211 E. Sonora Road, Palm Springs. 3. Authorize the City Manager and City Attorney to make non-substantive changes as needed and execute all necessary documents. 3. BUSINESS & LEGISLATIVE: A. PARKS & RECREATION MASTER PLAN PRESENTATION & STATUS UPDATE No action was taken; the City Council provided direction to staff. PUBLIC COMMENT: Michael Joseph Pitkin, Abraham Ishaq, and Peter Henson provided non-agenda oral testimony. 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. Comments were made by Councilmembers Bernstein, Garner, and Ready, as well as Mayor Pro Tem Soto and Mayor deHarte. ADJOURNMENT: The City Council adjourned the regular meeting of Thursday, February 13, 2025 , at 8:16 p.m. Respectfully submitted, _________________________ Brenda Pree, MMC, CERA City Clerk Approved: 2/27/2025