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

October 2, 2019

4:00 PM CLOSED SESSION
6:00 PM REGULAR MEETING

Robert Moon, Mayor
Geoff Kors, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
J. R. Roberts, 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.

David H. Ready, Esq., Ph.D., City Manager
Anthony J. Mejia, MMC, City Clerk
Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager
Jeffrey S. Ballinger, City Attorney
Nancy Pauley, Director of Finance and Treasurer

Any person who wishes to provide public testimony for an Item on the Agenda MUST file a speaker card prior to the Public Testimony (Non-Public Hearing Agenda Items Only) prior to that portion of the meeting. Testimony for Public Hearings will be allowed only during the Public Hearing. [Two (2) minutes per speaker]

Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak at a Public Hearing must file a “Speaker Card” with the City Clerk BEFORE the Public Hearing is called. [Two (2) minutes per speaker]

Any person who wishes to speak on a topic not on the agenda within the City’s jurisdiction during the “Public Comments” portion of the agenda must file a “Speaker Card” with the City Clerk BEFORE that portion of the agenda is called. [Two (2) minutes per speaker] 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.

Please note, any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items, and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.

The City Council encourages written public testimony prior to the meeting, which provides the City Council ample time and attention for consideration. All written testimony will be provided to the City Council prior to the discussion. Written testimony may be sent via email to CITYCLERK@palmspringsca.gov, by fax at (760) 322-8332, or hand delivery to the City Clerk, Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262.

4:00 P.M. CLOSED SESSION

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CALL TO ORDER (Council Chamber):

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council by completing a public comment card and giving it to the City Clerk prior to the meeting. 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). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist, please see the City Clerk for additional information.

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

6:00 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE: Palm Springs Air Force ROTC Junior Color Guard

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.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. Additionally, this time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.

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.

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of September 18, 2019. 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 FOR THE PERIOD ENDING 08-10-2019 AND 08-24-2019 BY WARRANTS NUMBERED 420801 THROUGH 420825 TOTALING $106,999.00 CLAIMS, DEMANDS AND LIABILITY CHECKS NUMBERED 1107782 THROUGH 1108504 TOTALING $9,589,214.06, FOUR WIRE TRANSFERS FOR $73,355.16, AND TWELVE ELECTRONIC ACH DEBITS OF $12,865,839.75 IN THE AGGREGATE AMOUNT OF $13,046,193.91, DRAWN ON BANK OF AMERICA." Click to View

TREASURER'S INVESTMENT REPORT AS OF JUNE 30, 2019
RECOMMENDATION:

Receive and file Treasurer's Investment Report as of June 30, 2019. Click to View

SECOND READING AND ADOPTION OF ORDINANCE NO. 2001, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 11.44.100 TO THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS ON RECREATIONAL TRAILS WITHIN THE SANTA ROSA AND SAN JACINTO MOUNTAINS AREA
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2001, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 11.44.100 TO THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING DOGS ON RECREATIONAL TRAILS WITHIN THE SANTA ROSA AND SAN JACINTO MOUNTAINS AREA." Click to View

AWARD A CONSTRUCTION CONTRACT TO VIDO SAMARZICH, INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,251,556 FOR BID SCHEDULES A THROUGH G FOR THE MEASURE J COMMUNITY PROJECTS - SIDEWALK GAP CLOSURE IMPROVEMENTS CITY PROJECT NO. 15-31
RECOMMENDATION:

Award a construction contract to Vido Samarzich, Inc., a California corporation, in the amount of $1,251,556 for Bid Schedules A through G for the Measure J Community Projects - Sidewalk Gap Closure Improvements, City Project No. 15-31.
Delegate authority to the City Manager to approve and execute construction contract change orders up to $62,500 (5%) with all change orders reported to the City Council.
Authorize the City Manager to execute all necessary documents.

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ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT, CITY PROJECT 12-02, FEDERAL-AID PROJECT NO. BRLS-5282(042)
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH PALM CANYON DRIVE BRIDGE REPLACEMENT, CITY PROJECT 12-02, FEDERAL-AID PROJECT NO. BRLS-5282(042)." Click to View

APPROVAL OF A GROUND LEASE AGREEMENT WITH NEW CINGULAR WIRELESS, PCS, LLC, FOR NON-EXCLUSIVE USE OF GROUND SPACE WITH AN EXISTING WIRELESS COMMUNICATIONS TOWER AT 1901 EAST BARISTO ROAD
RECOMMENDATION:

Approve a Wireless Communications Facilities Site Lease agreement by and between New Cingular Wireless, PCS, LLC and the City of Palm Springs for ground space with an existing wireless tower at 1901 East Baristo Road, for a term of five (5) years with two (2) options to extend the agreement by five (5) additional years.
Authorize the City Manager or his designee to execute all necessary documents.

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AMEND THE CONTRACT SERVICES AGREEMENT NO. A6231 WITH MK SOLUTIONS FOR THE LIBRARY'S AUTOMATED MATERIALS HANDLING SYSTEM
RECOMMENDATION:·

Approve Amendment No. 2, in the amount of $27,930 annually, subject to a 2.5% increase each year hereafter, for the ongoing Gold Level maintenance of the Automated Materials Handling system from MK Solutions of York, PA, for as long as the Library utilizes the system.
Authorize the City Manager to execute all necessary documents.

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AMENDMENT TO THE PALM SPRINGS INTERNATIONAL AIRPORT CONCESSION LEASE AGREEMENTS FOR ANTON AIRFOOD, DBA HMS HOST INC. AND PARADIES SHOPS, LLC
RECOMMENDATION:

Approve a seven-month extension of the airport concession leases with Paradies Shops, LLC for the current news & gift operations and Anton Airfood, dba. HMS Host Inc. for the current food & beverage operations, commencing on November 1, 2019, through May 31, 2020, then to a month-to-month arrangement if required.
Increase the percentage of gross paid to the airport to twelve percent during the term of the extension.
Authorize the City Manager to execute all necessary documents.

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APPROVAL OF ART PLACEMENT "A TALE OF SURVIVAL IN THE FACE OF CRUSHING INERTIA" IN THE REGIONAL CONCOURSE AT THE PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve the temporary placement of public art "A Tale of Survival in the Face of Crushing Inertia" within the interior of the Regional Concourse Terminal at the Palm Springs International Airport.
Authorize the City Manager to enter into an agreement for the commission, temporary placement, and maintenance of the public art, in a form acceptable to the City Attorney.

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RESOLUTION OF THE CITY COUNCIL STANDING AGAINST HATE SPEECH AND PROTECTING VULNERABLE COMMUNITIES
RECOMMENDATION:

Adopt a resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS STANDING AGAINST HATE SPEECH AND PROTECTING VULNERABLE COMMUNITIES."
Authorize the City Manager and City Clerk to take all necessary actions identified in the resolution.

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PROVIDE DIRECTION ON RESOLUTIONS BEING CONSIDERED AT THE LEAGUE OF CALIFORNIA CITIES' ANNUAL BUSINESS MEETING
RECOMMENDATION:

Support the resolutions proposed for the upcoming League of California Cities' Annual Business Meeting at the League's Annual Conference in Long Beach, California. Click to View

REQUEST BY CITY OF LOS ANGELES AND COUNTY OF LOS ANGELES TO JOIN IN AN AMICUS CURIAE BRIEF BEFORE THE U.S. SUPREME COURT IN THREE CASES INVOLVING THE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) - DEPT. OF HOMELAND SECURITY V. REGENTS OF UNIV. CALIF.; DONALD TRUMP V. NAACP; KEVIN MCALEENEN V. MARTIN BATALLA VIDAL
RECOMMENDATION:

Approve the City of Palm Springs joining as amicus curiae brief filed by the City of Los Angeles and the County of Los Angeles before the United States Supreme Court in the following cases: Dept. of Homeland Security v. Regents of Univ. Calif.: Donald Trump v. NAACP: Kevin McAieenen v. Martin Batalla Vidal.
Authorize the City Attorney to sign on to such brief on behalf of the City of Palm Springs.

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

PUBLIC HEARINGS:

AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT A SECOND EXTENSION OF A TEMPORARY MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS FOR PERMITS TO ENGAGE IN CERTAIN CANNABIS BUSINESSES AND ACTIVITIES IN PORTIONS OF THE DESERT HIGHLAND GATEWAY ESTATES AND DEMUTH PARK NEIGHBORHOODS OF THE CITY, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL PLAN, MUNICIPAL CODE AND ZONING CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858 (4/5THS VOTE REQUIRED)
RECOMMENDATION:

Open the public hearing, take evidence and public testimony, and close the public hearing.
Waive the reading of the text in its entirety, read by title only, and adopt an Ordinance entitled, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO EXTEND INTERIM URGENCY ORDINANCE NO. 1987 FOR AN ADDITIONAL CALENDAR YEAR, AND CONTINUE FOR THIS PERIOD A TEMPORARY MORATORIUM ON CITY APPROVAL OF NEW APPLICATIONS FOR PERMITS TO ENGAGE IN CERTAIN CANNABIS BUSINESSES AND ACTIVITIES IN PORTIONS OF THE DESERT HIGHLAND GATEWAY ESTATES AND DEMUTH PARK NEIGHBORHOODS OF THE CITY, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE GENERAL PLAN, MUNICIPAL CODE AND ZONING CODE IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858 (4/5THS VOTE REQUIRED).

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REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO AMEND THE PALM SPRINGS ZONING CODE CHAPTER 93.00 TO ADD SECTIONS 93.16.00 THROUGH 93.16.09 AND AMEND SECTIONS 92.17.1.01, 92.17.2.01, 92.20.01, 92.21 .01 AND 93.03.00 TO MEET THE STATE OF CALIFORNIA ENERGY CODE REQUIREMENTS RELATIVE TO SOLAR ENERGY SYSTEMS ON NEW RESIDENTIAL CONSTRUCTION THREE (3) STORIES AND UNDER (CASE 5.1470 ZTA)
RECOMMENDATION:

Table the Public Hearing with no testimony at this time, and continue the Public Hearing to November 6, 2019.
Direct the City Clerk to post a Notice of Continuance in accordance to established procedures.

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LEGISLATIVE: NONE.

UNFINISHED BUSINESS: NONE.

NEW BUSINESS:

AWARD OF A CONSTRUCTION CONTRACT TO FAST-TRACK CONSTRUCTION CORPORATION, IN THE AMOUNT OF $7,600,000 FOR THE DOWNTOWN PARK, CITY PROJECT NO. 15-07, AND RELATED ACTIONS
RECOMMENDATION:

Uphold the City Engineer's decision to reject the bid protest submitted by Robert Clapper Construction Services, Inc., and waive any informality in the apparent low bid submitted by Fast-Track Construction Corporation, a California corporation.
Award a construction contract to Fast-Track Construction Corporation, a California corporation, in the amount of $7,600,000 for the Downtown Park, City Project No. 15-07.
Authorize a Purchase Order in the amount not to exceed $425,000 with the City's "on-call" professional consulting services firm, Willdan Engineering, a California corporation, pursuant to Agreement No. 6688, for construction management and inspection services related to the Downtown Park, City Project No. 15-07.
Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $760,000 (10% of construction contract).
Authorize the City Manager to execute all necessary documents.

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AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORP, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $1,400,000 FOR THE PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL MODIFICATIONS, CITY PROJECT NO. 19-22, AND RELATED ACTIONS
RECOMMENDATION:

Approve the plans, specifications and construction drawings, and authorize the bidding of the Palm Springs International Airport Terminal Modifications, City Project No. 19-22.
In accordance with Public Contract Code 5101, consent to and approve the withdrawal of the apparent low bid submitted by Aid Builders, Inc.
Award a construction contract to Caltec Corp, a California corporation, in the amount of $1,400,000 for the Palm Springs International Airport Terminal Modifications, City Project No. 19-22.
Authorize a Purchase Order in an amount not to exceed $300,000 with the City's "on-call" professional aviation consulting services firm, RS&H California, Inc., a California corporation, pursuant to Agreement No. 7148, for construction management services related to the Palm Springs International Airport Terminal Modifications, City Project No. 19-22.
Authorize the City Manager to approve and execute construction contract change orders up to a cumulative amount of $140,000.
Approve an appropriation from the Airport Capital Fund Balance (Fund 416) in the amount of $650,000.
Authorize the City Manager to execute all necessary documents.

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AWARD OF A CONSTRUCTION CONTRACT TO MATICH CORPORATION, A CALIFORNIA CORPORATION, IN THE AMOUNT OF $8,586,000 FOR BID SCHEDULES A, B AND C; AND APPROVAL OF A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $243,100 TO INTERWEST CONSULTING GROUP FOR CONSTRUCTION MANAGEMENT, INSPECTION AND MATERIALS TESTING SERVICES FOR THE 2019 PAVEMENT REHABILITATION, CITY PROJECT NO 19- 01
RECOMMENDATION:

Award a construction contract to Matich Corporation, a California corporation, in the amount of $8,586,000 for Bid Schedules A, B, and C for the 2019 Pavement Rehabilitation, City Project No. 19-01.
Authorize a Purchase Order to lnterwest Consulting Group, pursuant to On-Call Agreement No. 6686, in an amount not to exceed $243,100 for construction management, inspection and materials testing services for the 2019 Pavement Rehabilitation, City Project No. 19-01.
Delegate authority to the City Manager to approve and execute construction contract change orders up to $400,000 with all change orders reported to the City Council.
Approve a budget amendment to appropriate $4,500,000 from General Fund balance, to be replenished as part of the FY 2020/21 budget.
Authorize the City Manager to execute all necessary documents.

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DISCUSSION OF PROCESS FOR IMPLEMENTING OPEN SPACE AND AFFORDABLE HOUSING ASPECTS OF THE GRIT/1090 SETTLEMENT AGREEMENT
RECOMMENDATION:

Discuss and provide direction to staff as to next steps in implementing the open space aspects of the Grit/1090 settlement agreement. Click to View

APPROVAL OF THE "AFFORDABLE AND MULTI-FAMILY HOUSING INCENTIVE PROGRAM," A PROGRAM TO ESTABLISH REDUCED DEVELOPMENT IMPACT FEES AND DEVELOPER FEES RELATED TO RESIDENTIAL PROJECTS CONSTRUCTING NEW AFFORDABLE DWELLING UNITS, OR CONSTRUCTING NEW MULTI-FAMILY RESIDENTIAL UNITS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE "AFFORDABLE AND MULTI-FAMILY HOUSING INCENTIVE PROGRAM," A PROGRAM TO ESTABLISH REDUCED DEVELOPMENT IMPACT FEES AND DEVELOPER FEES RELATED TO RESIDENTIAL PROJECTS CONSTRUCTING NEW AFFORDABLE DWELLING UNITS, OR CONSTRUCTING NEW MULTI-FAMILY RESIDENTIAL UNITS."
OR
Provide alternative direction to staff. Click to View

AMENDING GUIDELINES FOR ART SHOWS HELD AT PUBLIC PARKS AND ESTABLISHING A DEPOSIT BASED FEE TO RECOVER CITY COSTS ASSOCIATED WITH SPECIAL EVENTS AND ART SHOWS HELD AT CITY PARKS AND FACILITIES
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING RESOLUTION NO. 17203, AND ESTABLISHING A DEPOSIT BASED FEE TO RECOVER CITY COSTS ASSOCIATED WITH SPECIAL EVENTS HELD AT PUBLIC PARKS AND FACILITIES." Click to View

CONSIDERATION OF MODIFYING THE CITY COUNCIL REGULAR MEETING SCHEDULE
RECOMMENDATION:

Provide direction as appropriate. 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 REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make requests of staff, and/or issues of concern to Councilmembers are briefly presented, prioritized and set for future meeting dates.

ADJOURNMENT: The City Council will adjourn to the next regular meeting Wednesday, October 23, 2019, at 6:00 p.m. in the Council Chamber at City Hall, preceded by Closed Session, Small Conference Room at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

AFFIDAVIT OF POSTING

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

I, John Paul Maier, Chief 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 Friday, September 27, 2019, and posted on the City’s website as required by established policies and procedures.

____________________________
John Paul Maier, MMC
Chief 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.