Agenda

CITY COUNCIL
AND AS SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS
CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262

www.palmspringsca.gov

REGULAR MEETING AGENDA
3:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.
Submit your public comment to the City Council electronically. Material may be emailed to cityclerk@palmspringsca.gov. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.
You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.
View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

JUNE 30, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING

Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ Click to View

3:30 P.M. CLOSED SESSION

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CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: (Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY)
This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

CONSENT CALENDAR:
The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar. Click to View

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

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. Click to View

CONSIDERATION OF AUTHORIZING LETTERS OF OPPOSITION TO ASSEMBLY BILL NOS. 1778, 2237, AND 2438 TO THE SENATE COMMITTEE ON TRANSPORTATION
RECOMMENDATION:

Authorize issuance of letters to the Senate Committee on Transportation in opposition to Assembly Bill Nos. 1778, 2237, and 2438 regarding the funding of transportation projects. Click to View

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2022. Click to View

MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025, SUBJECT TO ASSOCIATION’S EXECUTING THE MEMORANDUM OF UNDERSTANDING.”
Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements and contracts, and any non-substantial MOU language or reorganization.

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TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2022
RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of January 31, 2022. Click to View

APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 05-14-22 AND 05-28-22 TOTALING $3,736,825.75 AND ACCOUNTS PAYABLE WARRANTS DATED 05-12-22 AND 05-26-22 TOTALING $5,825,018.10, IN THE AGGREGATE AMOUNT OF $9,561,843.85, DRAWN ON BANK OF AMERICA. Click to View

ACCEPTANCE OF PLAYGROUND SURFACING PROJECT, CITY PROJECT NO. 20-29
RECOMMENDATION:

Accept the public works improvement identified as Playground Surfacing, City Project No. 20-29, as completed in accordance with the plans and specifications.
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Playground Surfacing, City Project No. 20-29.

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APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT WITH ALLIED UNIVERSAL, INC. FOR UNARMED SECURITY SERVICES (A8358)
RECOMMENDATION:

The City Council will consider approval of an amendment to the contract services agreement with Allied Universal Inc., included in, to adjust hourly rates by the new Consumer Price Index (CPI) effective July 1, 2022, to respond to recent inflation in prices for gasoline and other goods. In addition, the amendment includes changes in the scope of services for Fiscal Year 22-23 and an increase in the maximum contract limit resulting from the CPI adjustment and an increase in security hours required by the City at various City Facilities and locations.
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APPROVE AMENDMENTS TO CONSULTING SERVICES AGREEMENTS NOS. A5768, A6017, A5482, AND A6205 WITH GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC DBA AVENU INSIGHTS & ANALYTICS, LLC / MUNISERVICES (“MUNISERVICES”)
RECOMMENDATION:

Approve Amendment No. 2 to Consulting Services Agreement No. A5768 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Auditing, Geocoding, Utility Users Tax / Franchise Compliance and Revenue Protection Program Services.
Approve Amendment No. 4 to Consulting Services Agreement No. A6017 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Transient Occupancy Tax (TOT) Program Auditing Services.
Approve Amendment No. 5 to Consulting Services Agreement No. A5482 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Sales, Transactions, and Use Tax Audit (SUTA) Services.
Approve Amendment No. 5 to Consulting Services Agreement No. A6205 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Business License Discovery and Assessment Services.
Authorize the City Manager or his designee to execute all necessary documents.

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APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT No. A6164 WITH ACTION PARK ALLIANCE, INC., FOR THE OPERATION AND MANAGEMENT OF THE PALM SPRINGS SKATE PARK
RECOMMENDATION:

Approve Amendment No. 2 with Action Park Alliance, Inc., for the operation of Palm Springs Skate Park to increase the hours of operation by adding ten (10) hours per week, and five (5) extra hours on holidays and extending this contract for two (2) additional years at a cost of $150,000 for Year One, with annual increases of the City of Palm Springs’s adopted CPI-U annual rate increase.
Authorize City Manager to execute all necessary documents.

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FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION
RECOMMENDATION:

Approve First Amendment to Memorandum of Understanding between City of Palm Springs and The Palm Springs Plaza Theatre Foundation.
Authorize the City Manager to execute said First Amendment, as well as any minor changes to the Amendment acceptable to the City Manager and City Attorney.

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APPROVAL OF AMENDMENT NO. 5 TO THE AIRPORT CAR RENTAL CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO. 6 FOR AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Amendment No. 5 and Avis-Budget Amendment No. 6 to all Airport rental car concession agreements doing business as eight car rental agencies at PSP which include:
- Avis/Budget Car Rental, LLC (Amendment No. 6)
- The Hertz Corporation (Amendment No. 5)
- Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 5)
- Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 5)
- DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 5)
Authorize the City Manager or his designee to execute all necessary documents.

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APPROVE A CONTRACT SERVICES AGREEMENT WITH AMADEUS AIRPORT IT AMERICAS, INC. TO PROVIDE A COMMON / SHARED USE PASSENGER PROCESSING SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT BOARDING GATES
RECOMMENDATION:

Approve a Contract Services Agreement with Amadeus to provide a common/ shared use passenger processing system with support at the Palm Springs International Airport Bono and RJ concourses boarding gates, in an amount not to exceed $568,029 for a three-year term with two one-year options.
Authorize the City Manager or designee to execute all documents.

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APPROVE SITE INSTALLATION COSTS IN THE AMOUNT OF $65,000 FOR THE AIDS MEMORIAL PUBLIC ARTS PROJECT FOR THE DOWNTOWN PARK
RECOMMENDATION:

Appropriate funds in the amount of $65,000 from the Public Arts Fund Balance in Fiscal Year 2023.
Approve funding in the amount of $65,000 of Fiscal Year 2023 Public Art Funds for preparation and installation costs of the AIDS Memorial Sculpture at the Downtown Park.
Authorize the City Manager to execute all necessary documents to facilitate funding for the site preparation and installation costs of the artwork.

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REQUEST BY PRETTY FACES, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 48 (ON-SALE GENERAL – PUBLIC PREMISES) LICENSE IN CONJUNCTION WITH THE OPERATION OF A NIGHTCLUB (PRETTY FACES) AT 150 SOUTH INDIAN CANYON DRIVE, ZONE R-A (CASE 5.1551 PCN)
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE PUBLIC CONVENIENCE WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 FOR PRETTY FACES NIGHTCLUB LOCATED AT 150 SOUTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 9414 (CASE 5.1551 PCN).” Click to View

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

PUBLIC HEARINGS:

RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL HOTEL TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL YEAR 2022-23 ASSESSMENT, AND CONDUCT OF PROTEST PROCEEDINGS
RECOMMENDATION:

Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2022-23.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2022-23 IN CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT.”

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AN APPEAL BY LWSC LLC (BUILDING OWNER), c/o PSPC ENTERPRISES LLC, (dba FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE 5.1544 CUP)
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”
Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) OF THE PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB/COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”

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PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2022-23 COMPREHENSIVE BUDGET, PALM SPRINGS COMMUNITY REDEVELOPMENT SUCCESSOR AGENCY BUDGET, 5-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2023-2027, APPROPRIATIONS LIMIT AND ALLOCATED POSITIONS AND COMPENSATION PLAN
RECOMMENDATION:

Amend the FY 2021-22 Budget to appropriate a transfer out of the General Fund, Fund Balance in the amount of $5 million to the Facilities Maintenance Fund, to cover costs associated with the reallocation of OBEP Liability.
Open the public hearing and accept public testimony on the Fiscal Year 2022–23 Budget.
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022 – 2023; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES;”
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2022 – 2023 AND SUCH OTHER MATTERS AS REQUIRED;”
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2022 – 2023, AND OTHER SUCH MATTERS AS REQUIRED;”
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022 – 2023 ENDING ON JUNE 30, 2023.”
Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the Budget and prepare the final budget document for Fiscal Year 2022-23.

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BUSINESS & LEGISLATIVE:

APPROVAL OF REQUEST FOR PROPOSALS 20-22 AND AUTHORIZATION TO SOLICIT PROPOSALS FOR A STAFFING STUDY FOR THE PALM SPRINGS POLICE DEPARTMENT
RECOMMENDATION:

Approve Request for Proposal 20-22 to advertise and solicit proposals for the staffing study for the Palm Springs Police Department.
Authorize the City Manager or his designee to execute all necessary documents.

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REVIEW OF A MODIFIED FRANCHISE AGREEMENT FOR SOLID WASTE COLLECTION SERVICES BETWEEN THE CITY OF PALM SPRINGS AND PALM SPRINGS DISPOSAL SERVICE
RECOMMENDATION:

Discuss a proposed residential rate discount program for low-income residents and provide direction to Staff. Click to View

INTRODUCTION OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBDIVISION (H) TO SECTION 2.60.040 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING MEMBERS OF CERTAIN NON-PROFIT BOARDS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE”
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.
Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBDIVISION (H) TO SECTION 2.60.040 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING MEMBERS OF CERTAIN NON-PROFIT BOARDS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE.”

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REPORT ON THE CITY OF PALM SPRINGS LOCAL ROADS SAFETY PLAN, CITY PROJECT NO. 20-21
RECOMMENDATION:

Receive and file a report on the Local Roads Safety Plan for the City of Palm Springs. Click to View

REPORT OF THE CITY OF PALM SPRINGS PEDESTRIAN MASTER PLAN
RECOMMENDATION:

Receive and file a report on the Pedestrian Plan for the City of Palm Springs. Click to View

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

AFFIDAVIT OF POSTING

State of California )
County of Riverside ) ss.
City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on
June 24, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.