Palm Desert works to make its facilities, services, programs, and events accessible. The ADA/504 Coordinator, located in Public Works, oversees compliance, answers questions, and assists with accommodations for residents and employees. While the ADA does not require actions that fundamentally alter programs or impose undue burdens, the City actively removes barriers by:

• Eliminating unnecessary eligibility rules
• Modifying policies and practices when needed
• Providing auxiliary aids for effective communication
• Ensuring signage and physical accessibility

The City also strives to meet federal web accessibility standards, making online resources an alternative way to access information.

NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act of 1973, the City of Palm Desert will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.

Employment: The City of Palm Desert does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: The City of Palm Desert will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in City of Palm Desert programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: The City of Palm Desert will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with serviceanimals are welcomed in City of Palm Desert offices, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Palm Desert should contact the ADA Coordinator at (760) 776-6450 or ada@cityofpalmdesert.org as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City of Palm Desert to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden.

Complaints that a program, service, or activity of the City of Palm Desert is not accessible to persons with disabilities should be directed to:

ADA Coordinator

• 73-510 Fred Waring Drive Palm Desert, CA 92260
• ada@cityofpalmdesert.org
• (760) 776-6450
• California Relay Service 7-1-1 (TTY)

The City of Palm Desert will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA")/Section 504 of the Rehabilitation Act 1973 (Section 504). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Palm Desert. The City of Palm Desert’s Personnel Policy governs employment-related complaints of disability discrimination.

The grievance should be in writing and contain information about the alleged discrimination such as name, address, phone number of grievant and location, date, and description of the problem. Written grievances should be signed by the grievant or his/her/their authorized representative. Alternative means of filing grievances, such as personal interviews or a tape recording of the grievance, will be made available for persons with disabilities upon request.

The grievance should be submitted by the grievant and/or his/her/their designee as soon as possible but no later than 60 calendar days after the alleged violation to:

ADA/504 Coordinator
73510 Fred Waring Drive, Palm Desert, CA 92260
Phone: (760) 776-6424 | TTY: California Relay 7-1-1
Email: ada@palmdesert.gov 

Within 15 calendar days after receipt of the grievance, Melanie Perry will contact the grievant to discuss the grievance and the possible resolutions. Within 15 calendar days of the discussion the ADA Coordinator will respond in writing, and where appropriate, in a format accessible to the grievant, such as large print, Braille, or audio tape. The response will explain the position of the City of Palm Desert and offer options for substantive resolution of the grievance.

If the response by the ADA Coordinator does not satisfactorily resolve the issue, the grievant and/or his/her/their designee may appeal the decision within 15 calendar days after receipt of the response to the City Manager.

Within 15 calendar days after receipt of the appeal, the City Manager will contact the grievant to discuss the grievance and possible resolutions. Within 15 calendar days after the discussion, the City Manager will respond in writing, and, where appropriate, in a format accessible to the grievant, with a final resolution of the grievance.

All written grievances received by the ADA Coordinator, all appeals to the City Manager, and responses from these two offices will be retained by the City of Palm Desert for at least three years.

To request accommodations, please complete our Reasonable Accommodation Form and submit it to the City of Palm Desert's ADA/504 Coordinator using the "Submit" button at the bottom of the form. 

If a request is not resolved satisfactorily, please complete and submit this ADA Grievance Form.

Introduction

On September 15, 2010, the United States Department of Justice amended the regulations governing nondiscrimination on the basis of disability in state and local government services, effective March 15, 2011. According to 28 CFR § 35.137, this regulation requires public entities to permit use of wheelchairs and other manually powered mobility aids by individuals with mobility disabilities. It also mandates reasonable modifications to policies to allow the use of other power-driven mobility devices (OPDMDs) by individuals with mobility disabilities in areas open to pedestrian use.

In accordance with the Americans with Disabilities Amendments Act and subsequent regulations, it is the policy of City of Palm Desert that mobility devices used by individuals with disabilities are generally permitted in all facilities and programs.

The City of Palm Desert will make reasonable modifications to allow individuals with mobility disabilities to use OPDMDs at City events and in City facilities, provided that the operation of these devices does not pose significant safety risks. This includes adhering to safe speed limits and being cautious around pedestrians. Additionally, the use of these devices must not fundamentally alter the nature of the services, programs, and activities provided by the City.

Definitions

• Wheelchair refers to a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or both indoor and outdoor locomotion as defined in 28 CFR § 35.104.
• Manually Powered Mobility Aids refers to walkers, crutches, canes, braces, or similar device designed for use by individuals with mobility impairments.
• Other Power-Driven Mobility Device (OPDMD) refers to any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities. These devices are used by individuals with mobility disabilities for locomotion and include golf cars, electronic personal assistance mobility devices (EPAMDs) such as the Segway Personal Transporter or an electric-assisted bicycle, or any mobility device designed to operate in areas without defined pedestrian routes. This definition excludes wheelchair as defined in 28 CFR § 35.104.
• Credible Assurance means a valid state-issued disability parking placard or card, or state-issued proof of disability, presented by the person to whom it was issued and compliant with the state's requirements for disability placards or cards, as defined in 28 CFR § 35.137. Additionally, a verbal statement indicating that the device is being used due to a mobility disability, provided it does not contradict observable facts, also constitutes credible assurance.

Purpose

 The purpose of this guideline is to address the use of OPDMDs by individuals with mobility disabilities on pathways or trails (paved or unpaved) located in the following areas:

• Properties/facilities owned and/or operated by City of Palm Desert (City).
• Properties and facilities managed by the City under a lease, easement, or use agreement.
• City events.

Eligibility

 Manually Powered Mobility Aids refers to walkers, crutches, canes, braces, or similar device designed for use by individuals with mobility impairments. The operator or passenger of an OPDMD must be an individual with a mobility disability. Upon request from a staff member, usher, or employee, the individual must provide credible assurance that the OPDMD is required due to the individual's mobility disability. City staff, ushers, or employees will not inquire about the nature or extent of an individual's disability. Credible assurance may be provided by either of the following:

• A valid state-issued disability parking placard or card, or other state-issued proof of disability; or
• A verbal representation, not contradicted by observable fact, that the OPDMD is being used for a mobility disability. 

Assessment Factors

 Any OPDMD operated on City-owned and operated properties or facilities, as well as properties managed under a lease, easement, or use agreement, or at City events, must meet the following assessment factors. These factors are used to determine whether a particular OPDMD is allowed be allowed in a specific area as a reasonable accommodation:

• The type, size, weight, dimensions, and speed of the OPDMD;
• The area's volume of pedestrian traffic;
• The area's design and operational characteristics;
• Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD in the specific area; and
• Whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment, natural or cultural resources, or the safety of occupants and visitors.

Requirements

• To ensure the safety of all individuals using City pathways, trails (paved or unpaved), properties, and facilities, OPDMDs must not exceed a typical walking speed of three (3) mph when operated in these areas or at outdoor events.
• The OPDMD shall not be operated in an unsafe manner or cause damage to City property. The OPDMD operator assumes all risks associated with operating the OPDMD on City property. City does not represent that City-owned properties are safe for use by an OPDMD and does not assume any liability for operation of the OPDMD. Certain risks are inherent in the use of OPDMDs on City-owned properties.
• An OPDMD must be capable of being turned around safely within the trail or pathway tread.
• OPDMD operators are prohibited from the using any substance that could impair their judgment or mobility, including but not limited to alcohol, prescription medications, or illegal narcotics.
• The OPDMD operator or passenger is responsible for ensuring the OPDMD functions properly according to the manufacturer's instructions. The operator is also responsible for adhering to the manufacturer's operating and protective equipment requirements.
• Operators of permitted OPDMDs must yield the right-of-way to persons on foot, horseback, or using non-motorized devices (e.g., bicycles) and must announce their presence before passing another trail or pathway user.
• An OPDMD must be capable of safely navigating trail and pathway features and obstructions such as steps, vertical displacements, ponded water, loose gravel, and rocks. The characteristics of certain types of OPDMDs may impact other pathway or trail users, depending on the volume of traffic and the operational characteristics of the pathway or trail. These pathways or trails typically accommodate high-capacity, two-way traffic, where width and speed restrictions must allow for the safe passing of OPDMDs, bicycles, equestrians, and pedestrians.
• City Golf Courses: Persons with mobility disabilities must use an accessible cart, wheelchairs, or other manually powered mobility aids if the device is to be used for the purpose of golf recreation. Golf course paths are located in recreational settings that are not appropriate for other trail devices, such as bicycles, horses, or OPDMDs not suited for golfing use

Limitations

• Wheelchairs and any OPDMDs are not permitted on escalators in City facilities.
• The City shall not provide battery charging or emergency retrieval services for OPDMDs.
• The City shall not transport OPDMDs to or from City property.
• The City shall not store any privately-owned OPDMDs.
• The City reserves the right to restrict OPDMD use during special events or during times of heavy traffic on City pathways or trails if such limitations are deemed necessary, in the opinion of the City, to protect the public health, safety, and welfare of patrons.
• The weight of an OPDMD may not be supported on certain pedestrian routes or undeveloped areas due to natural features. This could pose a serious danger to the OPDMD operator or other persons on City property or facilities.

Prohibited Devices 

The following devices are prohibited on City pathways, trails (paved or unpaved), and in properties and facilities:

• Gas or combustible fuel-powered devices are prohibited because: (1) fuel leaks and/or sparks may result in pollution or fires on the largely forested and/or grassy City pathways, trails, and properties/facilities; and (2) exhaust and noise emissions from the devices can disturb or damage natural or cultural resources of the City's pathways, trails, and properties/facilities, as well as disrupt the outdoor experience for other park patrons, building occupants, and visitors. These devices may only be used by City staff, ushers, or employees when necessary for operational and maintenance purposes.
• Other types of electric-powered devices, such as electric motorcycles and mopeds (except for EPAMDs and EABs), are prohibited due to the following reasons: (1) the typical high speeds at which these devices are operated; (2) the potential damage to City pathways, trails and properties surfaces caused by their tires, such as those with tractor-like, steel threads, or off-road designs; (3) some devices may only be permitted on roads or private property according to State law; and (4) OPDMDs with two or fewer wheels are prone to tipping.
• OPDMDs exceeding 36 inches in width are prohibited because: (1) many City pathways and trails are less than 8 feet wide; and (2) OPDMDs wider than 36 inches can pose a potential danger to users approaching from the opposite direction or to those attempting to pass the OPDMD from behind.

Guidelines and Recommendations

• Due to varying conditions on City property and to ensure safety and the protection of natural resource, the City recommends that OPDMDs users contact the City at: 760-776-6450 (TTY: California Relay Service 7-1-1) to confirm whether an OPDMD is permitted on a particular trail or pathway.
• The City may modify these guidelines from time to time as it may deem necessary or as required by law. It is the user's responsibility to ensure that they are in conformance with these guidelines.
• Requests for Modifications to OPDMD Policy. The City will consider requests for reasonable accommodation from individuals with disabilities who wish to use OPDMDs that do not meet the criteria listed above and/or in an area not previously authorized for use.
• A copy of the most current OPDMD Guidelines will be available for public review upon request via the ADA/504 Coordinator.

Introduction

In compliance with the Americans with Disabilities Act (ADA), the City of Palm Desert (City) will not discriminate against qualified individuals with disabilities on the basis of disability in its programs, services, and activities, which includes the use of service animals.

Defining Service Animals

• According to Title II and Title Ill of the ADA, as defined by the U.S. Department of Justice, service animals are dogs that are individually trained to do work or perform tasks for people with disabilities.
• Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post-Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other specific duties.
• Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person's disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.
• This definition does not affect or limit the broader definition of "assistance animal" under the Fair Housing Act or the broader definition of "service animal" under the Air Carrier Access Act.

Allowance

Under the ADA, state and local governments, businesses, and nonprofit organizations that serve the public must generally allow service animals to accompany people with disabilities in all areas of the facility where the public is permitted.

For example, in a hospital, it would be inappropriate to exclude a service animal from areas such as patient rooms, clinics, cafeterias, or examination rooms, unless the animal poses a safety issue. However, it may be appropriate to exclude a service animal from operating rooms or burn units where the animal's presence may compromise a sterile environment.

The City, in accordance with the ADA, requires that service animals be under the control of their handlers at all times. Staff and employees are not responsible for the care or supervision of an individual's service animal. The animal must be harnessed, leashed, or tethered unless the individual's disability prevents the use of these devices or if they interfere with the service animal's safe and effective performance of tasks. In such cases, the individual must maintain control of the animal through voice, signal, or other effective means.

Guidelines

When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: (1) Is the dog a service animal required because of a disability? and (2) What work or task has the dog been trained to perform? Staff cannot ask about the person's disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

• Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. When a person who is allergic to dog dander and a person who uses a service animal must spend time in the same room or facility (e.g., in an emergency evacuation or homeless shelter), they should both be accommodated by being assigned, if possible, to different locations within the room or different rooms in the facility.
• A person with a disability cannot be asked to remove his service animal from the premises unless: (1) the dog is out of control, and the handler does not take effective action to control it or (2) the dog is not housebroken. When there is a legitimate reason to ask that a service animal be removed, staff must offer the person with the disability the opportunity to obtain goods or services without the animal's presence.
• City establishments that sell or prepare food must generally allow service animals in public areas, even if state or local health codes prohibit animals on the premises.
• People with disabilities who use service animals cannot be isolated from other patrons, treated less favorably than other patrons, or charged fees that are not charged to other patrons without animals. In addition, if a City program requires a deposit or fee to be paid by patrons with pets, the City must waive the charge for service animals.

Miniature Horses

In addition to the provisions about service dogs, ADA regulations have a separate provision about miniature horses that have been individually trained to perform work or tasks for people with disabilities. Miniature horses generally range in height from 24 inches to 34 inches measured to the shoulders and typically weigh between 70 and 100 pounds. Entities covered by the ADA must modify their policies to permit miniature horses where reasonable. The regulations outline four assessment factors to help entities determine whether miniature horses can be accommodated in their facility. The assessment factors are: (1) whether the miniature horse is housebroken; (2) whether the miniature horse is under the handler's control; (3) whether the facility can accommodate the miniature horse's type, size, and weight; and (4) whether the miniature horse's presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

As required by the federal Americans with Disabilities Act of 1990, all events, workshops, conferences, hearings, or any other activity held on City property (City facilities, including buildings and parks and public right-of-way) must be accessible to people with disabilities. The Palm Desert ADA/504 Coordinator provides the following information to assist you in ensuring that your events are accessible.

General 

• Special Event producers shall generate an accessibility plan for the event.
• The site plan must show all ADA elements, including, but not limited to accessible parking, ADA-compliant portable toilets, ramps, accessible seating, accessible path of travel, etc.
• All printed material for an event is to include the Request for Accommodation notice with the international symbol for accessibility, a contact name, and the contact's phone number.
• Request for accommodation may include material in an alternate format, an interpreter, or assistive listening devices.
• Service animals must be allowed to accompany their owners at all times and cannot be excluded from the event.
• If amplified sound is used, assistive listening devices should be available.

Barriers

• Concern should be given to elevation changes of more than ¼" vertical to ½" beveled. These are considered barriers and required temporary ramps.
• All cords, wires, hoses, etc., that are located within a path of travel must be ramped or placed within a cord cover.

Paths of Travel

• All paths of travel shall be accessible, and all event features shall be on an accessible path of travel.
• An alternate path of travel is required when the normal path of travel is obstructed.• If an alternate path of travel is provided, signage designating the alternate path of travel is required.
• Where possible, the alternate path of travel shall be parallel to the disrupted pedestrian access route, and on the same side of the street.
• All paths of travel shall have no protrusions up to a height of 80", including scaffolding and scaffolding braces. Where the alternative path of travel is adjacent to potentially hazardous conditions, the path must be protected with a barricade.

Parking

• If parking is provided for an event, accessible parking is required.
• If no parking is provided for an event, an accessible passenger loading and unloading zone is required.
• Accessible parking and passenger loading and unloading zones are required to be identified using the international symbol for accessibility.
• Signs with the international symbol for accessibility are to be mounted for maximum visibility.

Sales or Service Counters

• If sales or service counters are provided for your event, the height must be no more than 34" from the finished floor or the ground, and the width must be at least 36" wide.

Accessible Route

• An accessible route is required from the accessible parking, and from the passenger loading and unloading zone to the event entrance.
• All routes within the event shall be accessible.
• An accessible route must be a minimum of 48" in width.
• Accessible routes must be identified with the international symbol for accessibility, including directional arrows, with visibility optimized.

Seating

• If seating is provided, accessible seating and companion seating are required.
• Accessible seating and companion seating area must be identified using the international symbol for accessibility and placed for maximum visibility.

Portable Toilets

•  If portable toilets are provided, they must be accessible and located on a level area not to exceed a 2% cross-slope in any direction.
• The total number of portable toilets to be provided for the event determines the required number of accessible portable toilets in any given area. This number is 5% of the total, but in no event less than one for each location. If a sign unit is placed, it must be accessible. The placement of single units will increase the number of accessible toilets required for your event.
• An accessible route to each portable toilet is required.
• Accessible portable toilets must be identified with the international symbol of accessibility.

To request this form in an alternate format, contact the ADA/504 Coordinator at:

• (760) 776-6450
• California Relay Service 7-1-1
• Email: ada@cityofpalmdesert.org

The City of Palm Desert is committed to ensuring that our digital services and online content are accessible to everyone. In accordance with the U.S. Department of Justice’s Title II ADA regulations, the City is actively working to make its website and digital resources usable by people of all abilities.

How the City Is Working Toward Digital Accessibility Compliance
In response to the U.S. Department of Justice’s Title II digital accessibility requirements, the City of Palm Desert is taking meaningful steps to ensure our website and digital services are accessible to all users.

• Building to Accessible Website Standards
  • The City is designing and updating web pages to align with WCAG 2.1, Level AA accessibility standards.
  • New website content is created with accessibility in mind from the start, rather than retrofitted later.
• Improving Documents and Online Content
  • The City is reviewing documents posted on its website and reducing the use of PDFs where possible.
  • High-priority documents are being remediated to improve accessibility, and alternative formats are available upon request.
  • Videos and multimedia content are being reviewed to ensure captions and other accessibility features are provided when required.
• Ensuring Access to Online Services
  • Online services such as forms, applications, and payments are being evaluated to ensure they can be used with assistive technologies.
  • Accessibility considerations are being incorporated into new digital tools and services as they are launched.
• Ongoing Review and Continuous Improvement
  • The City conducts ongoing reviews of its website to identify and address accessibility barriers.
  • Staff receive guidance and training on digital accessibility best practices.
  • Accessibility improvements are prioritized as part of regular website updates.

Report an Accessibility Issue with a Digital Resource or Request Assistance
If you experience difficulty accessing any part of the City’s websites or need information in an alternative format, we want to hear from you. Please contact:

Email: communityrelations@palmdesert.gov
Phone: 760-776-6318
Mail: City of Palm Desert, Attn: Community Relations,
            73510 Fred Waring Drive, Palm Desert, CA 92260

When contacting us, please include the web page or document you are trying to access and the nature of the issue. The City will make reasonable efforts to provide accessible alternatives promptly.

RESOLUTION NO. 93-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TRANSITION PLAN COMPLYING WITH THE AMERICANS WITH DISABILITIES ACT

WHEREAS, the Americans with Disabilities Act (ADA) seeks to eliminate discrimination on the basis of disability from the employment, physical access and services available to all citizens, and;

WHEREAS, the City of Palm Desert seeks to comply with ADA requirements and create a hospitable environment for disabled citizens and visitors to Palm Desert, and;

WHEREAS, the ADA of 1990 requires that the City of Palm Desert comply by developing a Transition Plan to evaluate current employment practices, physical access and program access, and;

WHEREAS, the said plan is hereby attached

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows:

1. That .the above recitations are true and correct and constitute the findings of the City Council in this case.
2. That approval of the Transition Plan is hereby' granted for use as a guide in helping the City to better serve the disabled community.

PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of July, 1993, by the following vote, to wit:

• AYES: CRITES, KELLY, SNYDER, WILSON. BENSON
• NOES: NONE
• ABSENT: NONE
• ABSTAIN: NONE 

ADA TRANSISION PLAN

Staff has developed a multi-step process to facilitate incorporating the City of Palm Desert Transition Plan in a positive manner. The City of Palm Desert ADA Transition Plan has a three-fold purpose:

• to facilitate compliance at the local level
• to document policy and structural status in accordance with ADA requirements.
• to create a hospitable environment for disabled citizens and visitors.

In order for the Transition Plan to meet its objectives, staff has sought to accomplish four things in particular:

• identify physical obstacles to program and service access
• describe in detail methods used to correct, eliminate and modify obstacles
• specify a schedule including costs and a timeline for taking steps towards compliance.
• indicate official responsible for implementation

In order to facilitate this multi-step process, staff resolved to conduct a Self Evaluation plan first. Staff developed checklists designed to identify current practices and policies and revise, as found necessary, policies, programs, services or practices which discriminate or have the potential to discriminate against persons with disabilities. These checklists were developed with reference to the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) and Title 24 California Code of Regulations.

The Self-Evaluation checklists were developed to address three specific areas: physical access, program or service access and employment practices and policies. Once all the inventorying was completed and preliminary reports on our findings determined, staff, solicited the participation of the disabled by establishing a Disabled Awareness Committee, consisting of three (3) disabled members of the community. Staff made contacts with disabled persons at the College of the Desert and at the Rehabilitation Center in Indio. Staff also sent a memo to the City Manager and members of the City Council asking for names of disabled citizens who could be involved.

The members of our ADA Awareness Committee were pleased to see the progress and resourcefulness of the City of Palm Desert and staff was equally pleased to glean from their perspective. It was definitely a win-win situation. Staff established an informal complaint procedure for filing and mediating informal complaints by disabled citizens. This process will aid the City of Palm Desert to address the needs of its disabled citizens in a hospitable, easy and informal manner.

Throughout the remainder of this report, staff is quite detailed so that we have made sure all needs are addressed. The first area this report will address is the physical accessibility of all facilities and buildings.

PHYSICAL ACCESS

Staff participated in an on-site inventorying of the four sites under the jurisdiction and responsibility of the City of Palm Desert. Checklists were developed for each of the following areas that ADAAG requires must be accessible:

• Parking
• Routes
• Information & Signage
• Restrooms
• Lavatories, sinks & mirrors
• Drinking fountains & water coolers
• Assembly areas
• Doors
• Stairways
• Seating, Tables & Vending Machines
• Public telephones
• Curb ramps & Curb cut ramps
• Handrails

Particular locations inventoried by the Staff Committee include:

• Civic Center
• Civic Center Park
• Corporation Yard
• City Library

CIVIC CENTER

The Civic Center was surveyed as a public access facility. The Civic Center building is relatively new construction. Therefore, in assessing accessibility it ranks very high. The parking for this facility is accessible according to the requirements listed on the checklist. Greg Holtz is in charge of a re-striping project for the parking lot servicing the Civic Center buildings and facilities. Some minor alterations were made to adjust for handicap accessible spaces.

The parking lot has 76 spaces, 4 of which will be handicap accessible. These. handicap accessible spaces are located at a point closest to the building entrances. These spaces are clearly marked as accessible spaces by an upright sign displaying the universal accessibility symbol and by the blue striping and blue and white painted handicap symbol on the pavement. Block dots, consisting of raised , truncated domes will define the cross walk area in a continuous line from the first handicap space next to the directory structure leading across the vehicular path to the entrance sidewalk which is 36" wide. This is a "detectable warning" for those with severe vision-impairments who use canes. Appropriate curb cuts and ramps will be installed from the closest handicap accessible space to the entrance pathway.

Accessible routes within the boundaries of the Civic Center are provided from public transportation stops, accessible passenger loading zones and public streets and sidewalks. All accessible routes that connect to the buildings and facilities on site maintain a minimum clear width of 36" along the entire route. One route situated in front of the Administrative Services Building is not free from protruding objects. The mailboxes situated at the entrance of the path of travel into the Administrative Services Building encroach upon that path and substantially reduce the clear space 1 and maneuvering width. Staff recommends the mailboxes be moved to clear that approach area and make the pathway accessible.

The public restrooms in this facility comply with almost all position requirements
(length & height of grab bars, clear space within stalls, height of urinals etc...) and meet the ADAAG requirements. The newer restrooms built in the North-Wing Building comply in every way. The older restrooms in the other buildings do not have toilets between 17" and 19" high, measured from the floor to the top of the seat. We are in compliance, nonetheless, if we can provide at least one accessible restroom which we do. It is easily accessible from all the other buildings within the facility. The older restrooms were constructed 12 years ago according to the State Building Code existing at that time and closely comply with the new requirements.

The restrooms in the North Wing Building do not have male/female identifiers with the universal symbol (circle for female and triangle for male) positioned on the doors. Staff recommends implementing this modification on all restroom doors within the Civic Center buildings as well as properly insulating and wrapping the hot water and drain pipes immediately fallowing the adoption of the Transition Plan. This is a low-cost and relatively simple procedure.

All lavatories, sinks and mirrors within City Hall are in compliance. This includes clear space, height, length, width and depth measurements and clean, non-abrasive counter surfaces and under-counter tops. No alterations are necessary or needful here.

All drinking and water fountains comply with the ADAAG requirements. The controls are easy to use and both front and side mounted near the front edge. There is adequate clear space to approach the water fountains and all position and measurement requirements are met.

All seating and table arrangements are compatible with the ADAAG requirements. This includes office desks, conference room tables and lunch room tables. All seating and table arrangements comply with height, clear knee space and clear approach space measurements as required by ADA accessibility standards. We have two vending machines located in the lounge/kitchen area. It is located on an accessible route. Some dining tables may have to be rearranged in order to create enough clear space (30" x 48") in front of the vending machines. This is a minor adjustment easily remedied.

Presently, the Civic Center maintains three public phones within the buildings that are accessible to the public. These are not public pay phones but phones we have placed on the counter or wall for public use. Two phones are located in the Council Chambers, positioned on the wall. One other phone is located past the general information desk positioned on the wall between the two restroom entrances. These phones must be modified in the way of volume control and a compatible hearing device. Staff recommends that each building or area have a phone placed on the front counter for public use and that the same modifications (volume control, hearing aid device) be installed. This is relatively easy to do as a phone jack is located behind each service counter. The currently favored hearing aid device is the "text telephone" which is a non-voice terminal device and can be used by more than the deaf. TDD's (telephone device for the deaf) employs a "specific language" which is useful only for the hearing-impaired. Staff recommends that additional information be gathered about each of these devices, the advantages and disadvantages of both TDD's and text telephone and the relative costs of implementation and maintenance.

The main assembly area is the City Council Chambers. Seating capacity numbers 142 with additional spaces on the back and front rows (three spaces on each of the back two rows and front two rows) for wheelchair access. We exceed the number of required wheelchair spaces according to the seating capacity of our Council Chambers and therefore more than adequately meet that requirement. The main modification that must be installed is a permanent or portable assistive listening system. If a permanent system is installed, it should be placed within 50' of the stage viewing area. Signage indicating "Assistive Listening System Available" with a pictograph should be installed. There are three kinds of systems used: Induction Loop Transmitter, FM Transmitter and Infrared Transmitter. Staff recommends that Ken Weller evaluate the advantages of these systems and choose the one best suited to our needs.

Stairways are situated in the Council Chambers leading down into the seating area. These stairs have uniform riser heights and tread widths that comply with state and federal standards. The tile is not slip-resistant and must be changed. Handrails are not provided on both sides of the staircase. Staff recommends this modification be implemented. In every other respect, the stairways and handrails are accessible.

Folding or removable armrests for at least one fixed seat on an aisle for wheelchair access should be installed. In every other way, the City Council Chambers is accessible.

All doors have a minimum clear width opening of 32" and provide clear maneuvering space. Door hardware is centered between 30"-44" above the floor but the doorknobs in the older buildings need to be changed to lever-type hardware that is easily operable with one motion. Both the newer North building and the older building entrance doors need their closures adjusted to allow for a minimum opening effort of less than 5 lbs. The doors are difficult to open and require a straining effort from disabled and non-disabled individuals alike.

Proper signage throughout City Hall and the parking lot areas is necessary. This includes information signs and directory signs within and without the buildings. S1gnage will be provided to indicate accessible entrances, restrooms and other facilities. Signage will have to be adapted to include Braille and Raised characters to accommodate the vision-impaired. Signage designating restrooms or offices must be mounted 60" from floor to centerline of sign. The main directory situated outside the buildings has deteriorated and the lettering faded. Staff recommends dismantling the old directory and replacing it with an accessible, easily legible (braille and raised characters) and aesthetically pleasing structure. Rudy Acosta has suggested in previous plans the City should build a kiosk in place of the present structure.

Signage indicating the availability and location of volume control-telephones, TDD-equipped or text telephone will be installed in the Council Chambers and reception area. Signage indicating the availability of assistive listening devices will be installed in the Council Chambers.

CIVIC CENTER PARK

The Civic Center Park is a very new construction that was built in 1990, situated to the north of the Civic Center buildings and facilities.

The park offers a number of facilities and recreational options:

• 6 tennis courts
• 4 sand volleyball courts
• 3 basketball courts
• YMCA facility

A 2000-seat amphitheater located in the park is fully accessible to the disabled, including accessible routes and seating for wheelchairs. Guests can enjoy 3 picnic pavilions under a central awning for protection from sun and adverse weather. The picnic tables are fully accessible and all height, width and space measurements comply with ADA requirements. Tables are movable and can be rearranged if need be.

There are two sets of male/female restrooms which are fully accessible to the disabled public. Routes to and from the restrooms are accessible and all hardware and fixtures within comply with ADA requirements.

A one-acre lagoon sits in the middle of the park closest to disabled parking. A path of travel continues all around the lagoon and individuals in wheelchairs can visit the rose garden, waterfall and art exhibits situated in and around the park with relative ease.

The main consideration about the park concerns accessible parking and routes. Judging the recent .construction of the park and its facilities, our on-site survey revealed that the park was accessible and adhered to the state and federal codes. There is ample disabled parking spaces situated next to the path of travel, beginning at the lagoon which continues in and all around the park.

The Civic Center Park offers a tot lot and playground area strategically positioned close to shady areas. We do not have disabled-friendly playground equipment. The jungle gym and playground equipment will be modified or added at a future date and these modifications will be built into a long-range alteration plan. Staff recommends looking into including a surface material matt to allow wheelchair access onto the playground. Acceptable playground surfacing materials must be implemented according to their shock absorbing capacity. Staff recommends pending additional investigation that this be implemented as a long-term alteration built into the general modification plan.

A recreation center is in progress and is due for completion in July 1993. This center and adjacent parking lot construction follow all state building code requirements as well as ADA Accessibility Guidelines. Any future construction will take into account ADA requirements.

Staff recommends that more public telephones be installed on the community park grounds. The Civic Center Park has one public telephone located on an accessible route next to the YMCA. The YMCA facility is leased by the City of Palm Desert. Staff believes that at least two more public telephones should be placed in the community park that adhere to the position, height and voice control features required of ADAAG. The public telephone in place next to the YMCA should have a voice control feature added to it as well.

CORPORATION YARD

The new Corporation Yard is located at 74-796 Velie Way, Palm Desert.

The Corporation Yard is not an area frequented by visitors. Many of the requirements for the other facilities and buildings do not apply or do not make sense for the Corp Yard. The Corp Yard maintains 22 employees. Tom Theobold, the Maintenance Services Manager has listed some post:-escrow items that will take effect by June 28, 1993. These alterations will take into account the federal requirements of ADA, as deemed necessary. These consist of the following:

1. One unisex handicap accessible restroom. All the required measurements of clear space and position of toilet, toilet paper dispenser and flush controls will be adapted fo-r use of this restroom by disabled persons. The doors will be changed to accommodate for a required width space of 36". Sinks and mirrors in this restroom will also be installed according to accessibility requirements.
2. Two doors in the office area will be replaced with 3' wide assemblies. All doors will be changed and accommodate for a 36" wide clear path ( width at present is 36") and single motion lever-type hardware will be installed throughout the building.
3. All drinking fountains (2) will be changed to provide-handicap accessible size, heights, widths, clearance and position measurements.
4. Parking lot area will be completely re-paved to make it a level ground surface. The area will be striped and provide one handicap accessible space directly in front of the entrance door. Appropriate signage will be installed to indicate location of handicap space.

A lounge will be built on the second floor strictly for employee use. In the future,: an elevator could be installed to accommodate any disabled employee who would need to use the lounge. This remains as a possible future modification to be implemented·: according to the funds available to do so. Such modification will not take place until 1 such a need exists.

PUBLIC LIBRARY

The Public Library is situated at 45-480 Portola, Palm Desert.

It is a 30-year old building that the City of Palm Desert purchased for use as a library. It is a one-story building, approximately 4500 square feet. Plans are underway to make specific alterations to the building, taking into consideration accessibility standards. Primary modifications relate to adding a unisex restroom which will meet accessibility standards.

The library parking lot consists of 26 spaces plus 2 additional spaces designated for the disabled. The parking lot needs to be re-paved and re-striped as the pavement is very uneven and broken up in spots. Also the lines for striping have faded. An upright sign displaying the universal accessibility symbol is situated in front of the handicap space and is _clearly visible.

Accessible routes are provided from public streets and sidewalks and from accessible parking stops. There are no existing transportation stops close to the City Library. An accessible passenger loading zone will be adapted to make available a pick up ·and drop off point for disabled persons. It will be situated along an accessible route within the boundary of the site.

The surface of the route all around the building is made with a medium light broom finish and is slip-resistant. The running slope of the route to the side of the library is less than 1:20 and has no cross-slope greater than 1:50 but this is not the case with the running slope of the route to the back of the building. This will be modified to follow the measurements as stated above. The ramp should come up another 6 feet (presently 10 ft.) to add enough clear space and create a gentler slope for a wheelchair. Staff recommends this be modified. The route to the side of the building has bushes that extend into the path of travel. This is easily remedied by trimming the bushes regularly; therefore freeing the path of travel from protruding objects that normally reduce the clear space and maneuvering width.

One accessible route has a large book return bin directly on the path of travel or sidewalk. Users can park their car temporarily in front of this bin and quickly throw their books in the bin. There is barely 36" clear width space for one wheel chair to travel through. Staff would recommend removing the bin from the path of travel completely, placing it on a paved level square block situated to the left of one of the routes leading to the entrance. Drivers would have to take 5 more steps towards the bin to return their books and the path of travel would be clear.

Signage does not exist to indicate accessible entrances. Signs indicating different book areas are not in raised or brailled characters. Staff recommends installing signs to indicate accessible entrances. Staff does not believe it is feasible to install braille or raised letters on signs indicating different book areas. Due to the small size of the library, staff believes that any individual, vision-impaired or blind could easily be assisted by the library staff. The directory is situated above the water fountain within the entrance doors. Any person approaching within 3" of the directory would be standing within the swing of the front doors. The directory is not in an accessible format. Staff recommends changing it to an accessible format. No signage in accessible formats exists to indicate location of restrooms. Staff, recommends this be installed.

Of the two exit doors, one is blocked by a cement trash can and does not have a sign indicating it is an egress door. The secondary entrance door has door handles. Both doors have panic bars on them. Staff recommends adding the appropriate signage in accessible formats for each of the areas lacking signage and moving the trash can blocking one of the exit doors.

There is one set of male/female restrooms. These restrooms do not comply with any of the width, height or position measurements required by ADA guidelines. The toilets measure 15" (should be between 17" -19" high), door handles require a twisting motion (not operable with a single motion), and there is a lack of clear floor space for wheelchair turnaround. Plans are underway to construct another restroom that will be designated as handicap accessible and will be located on an accessible route, if the study tables and chairs .and photocopier are rearranged to clear the pathway sufficiently. Staff recognizes that due to limited space within the library structure, rearranging of tables and chairs will help though not completely eliminate the access problems.

One drinking fountain is provided directly to the right and inside the entrance doors. It is on an accessible route but does not provide adequate clear space. Someone drinking from the fountain would block the entrance way. The spout outlet is 4" higher than the minimum 36" required height. The controls are not easy to use and require some grasping to operate. A small stool ,is situated underneath the fountain for children to climb upon for a drink. Staff recommends installing a new fountain that is situated low enough to accommodate a wheelchair and which complies with hardware and other measurement requirements. Staff also recommends positioning the fountain further in away from the entrance door to discontinue blocking the entrance way.

All entry, exit and restroom doors have a clear opening of 32'' and provide clear maneuvering space. The bars on the front and back doors are push-type though not easily operable. The restroom doors have handles operable by a twisting motion. Staff recommends changing the door hardware on the restroom doors that comply and make opening the doors easier for disabled and non-disabled alike.

The library provides one public pay telephone situated outside and to the right of the entrance doors. This phone does not comply with the required dimensions for side and front approach. Volume controls and a telephone hearing aid are not provided. Controls are push-button and the cord length is at least 29". Staff recommends we retrofit the public telephone now in existence that will comply with all requirements.

More than 5% of all tables and study carrels comply with clear knee space and height measurements. Clear approach spaces are provided in book aisles but not for the circular bookstands situated throughout the library. They are closely bunched up and do not allow for easy movement between or around the bookstands. A computer : catalog is provided and does not comply with the 36" minimum clear aisle space and , maximum preferred reach height of 48". Staff recommends rearranging the circular bookstands to create the minimum clear approach and maneuvering space and lowering the height of the computer catalog so that wheelchair access is possible.

Staff duly notes that the construction of the new library will comply with all access requirements.

ADA AWARENESS COMMITTEE FINDINGS

The ADA Awareness Committee met at the Civic Center to discuss the Transition Plan draft and take a tour of the facilities and buildings inventoried. Staff greatly appreciated their participation and involvement as many suggestions were made from a perspective staff could only guess at. One suggestion considered putting in place a tactile map of the Civic Center Park so that individuals who were visually impaired or blind could have some idea of the layout and where the path would lead. Another issue concerned raised lettering. It was suggested that restroom doors could have a raised "W" indicating a women's restroom and a raised "M" for a men's restroom. Also, all restroom doors should have the universal symbol for men/women restrooms; a women's 12" diameter circle and a men's equilateral triangle 12" each side should be placed on the front restroom doors. These symbols should be centered 60" above the floor on the door. The restrooms in the Civic Center Park have this kind of signage and we recommend placing this on all restroom doors in the Civic Center buildings as well.

Members of the ADA Awareness Committee suggested that signage needs to be placed in the park indicating the location of restrooms, public phones and other park services. For instance, close to the pavilion eating areas, signs could be placed there to indicate the location of the nearest restroom and/or public telephone. The directory should be visible from cars. If it was positioned in an up-right fashion facing the traffic with raised, black lettering and not facing the sky, it would be clearly visible from a car and someone who is mobility impaired would not have to get in and out of his or her car more than one to figure out where he or she needed to go. Also, if positioned facing the traffic, the heat would not fade the lettering nor make the braille section too hot to touch.

Again, directories with raised lettering and braille should be installed in each building near the entrance doors and offices. This would aid blind and visually impaired individuals, directing them to the proper office or information area.

It was suggested that a sidewalk should be constructed the short distance between the basketball courts and volleyball courts that would allow for easy wheelchair access from the main travel path. Right now, one must walk through grass and gravel to travel between these courts. It was also suggested that a volleyball court be added with a hard surface area. Creating one volleyball court with a hard surface would allow wheelchair bound individuals to use the court and also provide a service to those individuals who prefer to play on a harder surface. Richard Reynolds, a member of the committee, indicated to me that he knows quite a few people who would take advantage of a hard surface volleyball court and that no other exists in the valley. It would be a great service to the wheelchair bound population of Palm Desert. 

Committee members indicated that a van accessible area should be so designated with the universal handicap accessible symbol with black, clearly visible letters directly beneath the symbol which read "Van Accessible". Members of the ADA Awareness Committee indicated that some confusion exists as to whether a handicap parking space is van accessible or not and suggested that clear and simple wording to that effect directly beneath the pictograph would help immensely.

The committee suggested. that something needed to be done to eliminate illegal parking in handicap spaces. They suggested we send a letter to the Sheriff's office strongly recommending stricter enforcement and citing of illegal parking. They also suggested police officers could leave information cards on the windshields that would inform the offender how to recognize handicap spaces and why it is an offense to park in them. These information cards are available through the State Office Department ·of Rehabilitation and we are looking into obtaining these cards.

Another problem cited was the run-off from sidewalks in the park area. This could create a hazard for wheelchairs, people on crutches or very young and elderly persons walking there. Some kind of garden border should be placed at the edge of the sandy area so that the run-off from rain or sprinklers does not create muddy or slippery areas on the sidewalk.

One other important suggestion staff felt they should mention concerns the transportation system in Palm Desert. Members of the committee felt that many bus stop areas did not provide a proper place to sit or stand and that this was hazardous to individuals with disabilities. Staff suggested sending a letter to Sunline, citing the problems as seen by our committee and recommending that they address the problem. 

Overall, the ADA Awareness Committee was pleased to see the City of Palm Desert addressing the problems the disabled citizens of this valley face in a manner that was sensitive and helpful to them. Staff believes this committee played a vital part in implementing a transition plan that would adequately address the important issues faced by our disabled and elderly community.

EMPLOYMENT PRACTICES

In addition to accessibility, the ADA also requires that employment practices be free from discriminating against the disabled. Staff developed a comprehensive employment practices checklist to evaluate .current policies and practices at the City of Palm Desert. Staff has determined that our present policies and practices reflect a general concern for all employees and applicants with regards to ability, not disability. Nevertheless, some minor changes will be undertaken with little or no difficulty.

Presently, job announcements are not accessible to persons with a hearing and/or vision impairment and our job notices are not available in braille or large print. Staff recommends implementing an ADA Job Hotline that will address both problems.

be responsible for record keeping, evaluating and approving or denying requests for reasonable accommodations. The ADA Job Hotline will also provide information about the availability and procedure to request reasonable accommodation. Staff recommends including a procedure for documenting decisions to approve or deny reasonable accommodation requests because of undue hardship. This procedure will require that the Director of Human Resources look at each request and approve or disapprove it with documented reason(s).

Medical exams are required of new employees as a condition of employment ONLY AFTER AN OFFER OF EMPLOYMENT has been made and only if it is required of all new employees. Once the new employee has been offered a job, he or she must complete a medical exam and the results of that exam are then filed into a separate medical file. If the medical exam results show that the employee has medical problems that significantly limit the individual in performing the "essential functions" of the job, then the City of Palm Desert as the employer must decide whether to discontinue employment for that· individual or provide a reasonable accommodation, if a reasonable accommodation can be provided.

The City of Palm Desert provides city vehicles to its' employees for all city-related business. At present, city vehicles (cars, pickups and vans) cannot accommodate a wheelchair. Purchasing an accessible van or car will have to be assessed at a future time, if the need for one ever arose.

Staff formulated a Complaints Procedure that incorporates due process standards and provides for prompt and equitable resolution of complaints of discrimination. Staff recommends that the complaints procedure be adopted by resolution.