Agenda packet, regular meeting — Palm Desert City Council, May 23, 2024 (part 3 of 3)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Ryan Gayler, Capital Projects Manager
REQUEST: APPROVE CONTRACT WITH AMERICAN ASPHALT SOUTH, INC., FOR

THE CV LINK ENHANCEMENTS AND SLURRY SEAL PROJECT
(PROJECT CST00021)
RECOMMENDATION:

1. Approve Contract No. C47160 in the amount of $3,048,952.10 to American Asphalt South, Inc., of Riverside, CA, for the CV Link Enhancements and Slurry Seal Project (Project No. CST00021).

2. Authorize the Director of Finance to set aside a contingency in the amount of $305,000.

3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.

4. Authorize the City Manager to execute the agreement.

5. Authorize the City Manager to review and approve written requests for the use of contingency per Section 3.30.170B of the Palm Desert Municipal Code.

6. Authorize the Mayor to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the project.

BACKGROUND/ANALYSIS:

When the CV Link project was completed in Palm Desert, it was one of the first segments of the cycle track completed. City staff received feedback from users of the path and City staff were able to observe how drivers were interacting with the new facility. Users indicated that they desired more information about nearby points of interest or recreation facilities that may be unknown to new users of the path. City staff observed drivers, who were confused by the new bike lanes, driving their vehicles in the dedicated bike lanes. This information was compiled and presented to a transportation consultant for solutions. The result is the CV Link Enhancement plans which provide additional signage identifying nearby amenities. Additionally, striping improvements are included that are intended to keep drivers in designated vehicular lanes. Other improvements include modifications to the video detection system that will identify cyclists and trigger the traffic signal to stop cross traffic and allow the cyclist to safely continue through the intersection.

This project also includes the slurry seal project. The projects were combined because the projects contain similar types of work that could be performed by the same contractor and favorable pricing could be gained. The slurry seal project focuses primarily on the streets in the Palma Village neighborhood between Fred Waring Drive and Highway 111. These streets will benefit from crack sealing and rubberized slurry seal which is designed to lock out sand and water to extend the life of the streets. Slurry seal is a blend of small aggregate and asphalt oil that coats the streets and shields the underlying asphalt concrete from ultra-violet rays and heat which can cause premature aging. The rubberized slurry seal has an elastic quality that prolongs street life beyond what is expected from conventional slurry. Type II slurry seal is the grade of 421
City of Palm Desert
Approve Contract for the CV Link Enhancements and Slurry Seal Project

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slurry typically used on streets in Palm Desert. Type III slurry uses a larger aggregate and it will be used on streets that are showing more pavement distresses. Type III slurry is designed to have a longer life than Type II slurry.

The City advertised the project for bids and on May 6, 2024, five bids were received with the following results:

Contractor Location Bid Amount
American Asphalt South, Inc. Riverside, CA $3,048,952.10 Pavement Coatings Company Jurupa Valley, CA $3,640,329.45 Doolittle Construction, LLC Sacramento, CA $3,895,895.00 All American Asphalt Corona, CA $3,989,999.00
Roy Allan Slurry Seal, Inc. Santa Fe Springs, CA $4,095,070.00 The bid from American Asphalt South, Inc., was reviewed and found to comply with the contract requirements. American Asphalt South, Inc., has successfully completed many projects for the City in previous years and staff has an excellent working relationship with this contractor.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

This project is being funded through Measure A, SB1, and New Construction Tax funds that were budgeted as part of the 2023-2024 fiscal year budget process.

Project Funding Source Description Budgeted Funds
CV Link Enhancements
and Slurry Seal Project
(CST00021)
2314670-5000202 New Construction Tax $500,000
2114311-4391505 SB1 $950,000
2134311-4332000 Measure A $2,350,000
Total Approved Project Budget $3,800,000
American Asphalt South, Inc. – Contract Amount 3,048,952.10 Contingency $305,000
Total Not-To-Exceed $3,353,952.10
Remaining Project Budget in 2134311-4332000 $446,047.90 ATTACHMENTS:

1. Contract Agreement and Bonds

2. Contractor’s Proposal

3. Vicinity Map
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CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. C47160, is made and entered into this 23rd day of May, 2024, by and between City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, sometimes hereinafter called the “City” and American Asphalt South, Inc., sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

CV LINK ENHANCEMENTS AND SLURRY SEAL PROJECT
PROJECT NUMBER CST00021
The Scope of Work consists of making improvements to the CV Link cycle track and constructing slurry seal improvements. The work items include mobilization, traffic control, various removals, application of slurry seal, construct paint and thermoplastic striping and markings, installation or relocation of flashing LED and other signage, installation of delineators and pavement markers, traffic signal modifications, construction of concrete curb ramps, and installation of truncated domes.

Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 120 Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three million forty-eight thousand nine hundred fifty-two and 10/100 Dollars ($3,048,952.10). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
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ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
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Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification

1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, the Coachella Valley Water District, the Desert Community College District, Coachella Valley Association of Governments and its member agencies, and their respective officers, officials, employees, agents, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City, the Coachella Valley Water District, the Desert Community College District, Coachella Valley Association of Governments and its member agencies, and their respective officers, officials, employees, agents, or authorized volunteers and representatives (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City, the Coachella Valley Water District, the Desert Community College District, Coachella Valley Association of Governments and their respective officers, officials, employees, agents, and authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state 425
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disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; (d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, the Coachella Valley Water District, the Desert Community College District, Coachella Valley Association of Governments and its member agencies, and their respective officers, officials, employees, agents, and authorized volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, the Coachella Valley Water District, the Desert Community College District, Coachella Valley Association of Governments and its member agencies, and their respective officers, officials, employees, agents, and authorized volunteers, in any such suit, action or other legal proceeding.

Contractor shall reimburse the City, the Coachella Valley Water District, the Desert Community College District, Coachella Valley Association of Governments and its member agencies, and their respective officers, officials, employees, agents, and authorized volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.

B. Insurance

1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office 426
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form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions:

A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees and volunteers.

6. Pollution Liability Insurance. RESERVED

7. Builder’s Risk Insurance. RESERVED
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C.Other Provisions or Requirements

1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors.

Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.

5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.

6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition 428
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of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage.

11. Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City, the Coachella Valley Water District, the Desert Community College District, Coachella Valley Association of Governments and its member agencies, and their respective officers, officials, employees, agents, and authorized volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.

12. Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

13. Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to 429
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each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

14. Pass Through Clause. Contractor agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.

15. City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.

If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.

16. Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

17. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.

18. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

19. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
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ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity.

These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.

Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF PALM DESERT
By:

L. TODD HILEMAN, CITY MANAGER
ATTEST:

By:

ANTHONY J. MEJIA, CITY CLERK
APPROVED AS TO FORM:

By:

Israh Shah
Best Best & Krieger LLP
City Attorney
AMERICAN ASPHALT SOUTH, INC.

By:

JEFF PETTY, PRESIDENT
By:

TYLER SKENDER, SECRETARY
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert, a Charter City and municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260, (hereinafter referred to as the “City”) has awarded to American Asphalt South, Inc., (hereinafter referred to as the “Contractor”) an agreement for Contract No. C47160, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated April 11, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, American Asphalt South, Inc., the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Three million forty-eight thousand nine hundred fifty-two and 10/100 DOLLARS, ($3,048,952.10), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under 434
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the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
435
72500.00001\32656428.1
-14- CONTRACT & BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
436
72500.00001\32656428.1
-15- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 437
72500.00001\32656428.1
-16- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND
438
72500.00001\32656428.1
-17- CONTRACT & BOND FORMS
Payment Bond (Labor and Materials).

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed May 23, 2024, has awarded to American Asphalt South, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows: Contract No. C47160 (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated April 11, 2024, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Three million forty-eight thousand nine hundred fifty-two and 10/100 Dollars ($3,048,952.10) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of 439
72500.00001\32656428.1
-18- CONTRACT & BOND FORMS
any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
440
72500.00001\32656428.1
-19- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal. 441
72500.00001\32656428.1
-20- CONTRACT & BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND
442
Item No. Description Quantity Units Unit Cost Total
1 Mobilization - CV Link Enhancements 1 LS $12,500.00 $12,500.00 2 Traffic Control - CV Link Enhancements 1 LS $25,000.00 $25,000.00 3 Clearing and Grubbing - CV Link Enhancements 1 LS $5,000.00 $5,000.00 4 Remove Existing Striping and Pavement Markings Per
Plans and In Conflict with Proposed Improvements 1 LS $11,000.00 $11,000.00 5 Remove and Dispose of Existing Sign, Post, and
Foundation 8 EA $550.00 $4,400.00
6 Remove and Dispose of Existing Sign 8 EA $275.00 $2,200.00 7 Remove and Dispose of Existing Detectable Warning
Surface 8 EA $550.00 $4,400.00
8 Relocate Existing Sign 4 EA $550.00 $2,200.00
9 Furnish and Install 28" White Flexible Delineator 8 EA $220.00 $1,760.00 10 Furnish and Install Type Q Object Marker 4 EA $165.00 $660.00 11 Furnish and Install Zicla Zebra 9, or Approved Equal, per Manufacturers Specifications 65 EA $440.00 $28,600.00
12 Furnish and Install Solar-Powered Flashing LED W11-
15(MOD) Sign 1 EA $5,500.00 $5,500.00
13 Furnish and Install New Sign and New Post 36 EA $660.00 $23,760.00 14 Furnish and Install New Sign on Existing Post 37 EA $495.00 $18,315.00 15 Install Thermoplastic CV Link 'Wait Here' Pavement
Marking (to be provided by CVAG) 6 EA $550.00 $3,300.00 16 Furnish and Install Thermoplastic Shared-Use path
Pavement Marking 16 EA $990.00 $15,840.00
17 Furnish and Install Preformed Thermoplastic Bicycle/Golf Cart Lane Pavement Marking 4 EA $1,960.00 $7,840.00
18 Furnish and Install Preformed Thermoplastic CV Link
Conflict Striping 90 LF $165.00 $14,850.00
19 Furnish and Install Thermoplastic Green Bike Lane
Conflict Marking 680 LF $17.60 $11,968.00
20 Paint Type IV(L) Arrow Pavement Marking 3 EA $330.00 $990.00 21 Paint Type VII(R) 10' Arrow Pavement Marking 2 EA $440.00 $880.00 22 Furnish and Install Thermoplastic Type IV(R) Arrow
Pavement Marking at Half the Dimensions of Standard 2 EA $330.00 $660.00 23 Furnish and Install Thermoplastic White Yield Triangles at Half the Dimensions of Standard Size 56 EA $44.00 $2,464.00 24 Furnish and Install Thermoplastic "Stop" Pavement
Marking at Half the Dimensions of Standard Size 3 EA $550.00 $1,650.00 25 Furnish and Install Thermoplastic "Ahead" Pavement
Marking at Half the Dimensions of Standard Size 2 EA $550.00 $1,100.00 26 Paint “Only” Pavement Marking 2 EA $330.00 $660.00
27 Furnish and Install Detectable Warning Surface Per
Caltrans Standard Plans 8 EA $550.00 $4,400.00
28 Paint Chevron Buffer Hatching 150 SF $11.00 $1,650.00 29 Paint Diagonal Buffer Hatching 11,800 SF $2.20 $25,960.00 CV Link Enhancements and Slurry Seal Project
CV Link Enhancements
American Asphalt South, Inc.
443
30 Paint 8" Diagonal Buffer Hatching at a 45 Degree Angle (3' O.C. Spacing) 500 SF $3.30 $1,650.00
31 Paint 12" White Thermoplastic Limit Line 35 LF $5.50 $192.50 32 Furnish and Install 12" White Thermoplastic Limit Line 25 LF $5.50 $137.50 33 Furnish and Install 12" White Thermoplastic Limit Line with 2" Black Edge Line 50 LF $22.00 $1,100.00
34 Paint Two-Directional No Passing Pattern (Caltrans Detail 22) 460 LF $2.20 $1,012.00
35 Paint Two-Way Left Turn Lane (Caltrans Detail 32) 305 LF $2.20 $671.00 36 Paint Lane Drop at Intersections (Caltrans Detail 37B) 170 LF $2.20 $374.00 37 Paint Channelizing Line Pattern (Caltrans Detail 38) 140 LF $2.20 $308.00 38 Paint Bike Lane Pattern (Caltrans Detail 39) 7,850 LF $1.65 $12,952.50 39 Paint Bike Lane Pattern (Caltrans Detail 39A) 120 LF $1.10 $132.00 40 Paint Lane Line Extension Through Intersection Pattern (Caltrans Detail 40) 100 LF $1.10 $110.00
Sub Total $258,146.50
Item No. Description Quantity Units Unit Cost Total
41 Mobilization - Traffic Signal Modifications 1 LS $5,500.00 $5,500.00 42 Traffic Control - Traffic Signal Modifications 1 LS $1,650.00 $1,650.00 43 Traffic Signal Modifications 1 LS $78,930.50 $78,930.50 Sub Total $86,080.50
Item No. Description Quantity Units Unit Cost Total
44 Mobilization - Slurry Seal 1 LS $25,000.00 $25,000.00 45 Traffic Control - Slurry Seal 1 LS $115,474.00 $115,474.00 46 Micro Mill Asphalt Concrete 650 LF $25.00 $16,250.00 47 Remove Striping, Pavement Markings, and Pavement
Markers 1 LS $150,000.00 $150,000.00
48 Rubberized Crack Seal / HMA Crack fill 1 LS $319,181.10 $319,181.10 49 Type II Rubberized Slurry Seal 7,000,000 SF $.17 $1,190,000.00 50 Type III Rubberized Slurry Seal 475,000 SF $.25 $118,750.00 51 Signing and Striping - Slurry Seal 1 LS $638,000.00 $638,000.00 Sub Total $2,572,655.10
Item No. Description Quantity Units Unit Cost Total
52 Mobilization - Curb Ramps 1 LS $24,200.00 $24,200.00 53 Traffic Control - Curb Ramps 1 LS $8,800.00 $8,800.00 54 Construct ADA Compliant Curb Ramp 4 EA $15,400.00 $61,600.00 55 Plumb 1A Traffic Signal Pole 2 EA $5,335.00 $10,670.00 56 Install Traffic Signal Pull Box 8 EA $2,250.00 $18,000.00 57 Full-depth Asphalt Concrete 400 SF $22.00 $8,800.00
Sub Total $132,070.00
Grand Total 3,048,952.10
Curb Ramps
Traffic Signal Modifications
Slurry Seal
444
445
446

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Eric Ceja, Director of Economic Development Ryan Gayler, Capital Projects Manager
Nick Melloni, AICP, Principal Planner
REQUEST: PROVIDE STAFF DIRECTION ON THE DINING DECK PROGRAM AND

EL PASEO IMPROVEMENT SCHEDULE AND ESTABLISH A LICENSE

AGREEMENT FOR USE OF THE RIGHT-OF-WAY
RECOMMENDATION:

1. Separate the El Paseo Street Rehabilitation project into two separate projects to take place over two consecutive summers beginning Summer 2024.

2. Allow El Paseo dining deck operators to maintain current operations through May 2025 subject to approval of an annual temporary use permit with removal of the dining decks prior to Phase Two of the El Paseo Street Rehabilitation project.

3. Establish a License Agreement for dining deck use of the public right-of-way.

4. Provide direction on enforcement of design guidelines.

BACKGROUND/ANALYSIS:

At the November 16, 2023, City Council meeting, the City Council took action to extend the City’s Dining Deck program through June 30th, 2026. As part of that extension, the City Council also adopted updates to the Outdoor Dining Deck Design Guidelines and permitting requirements and directed staff to explore the development of a licensing agreement for use of the public rightof-way.

On April 11, 2024, the City Council held a study session to review right-of-way use options and discuss the El Paseo Street Rehabilitation Project (Project). The Project is a resurfacing of the El Paseo corridor from Highway 74, east to Highway 111, and includes improvements to the existing mid-block crossings, and installation of two (2) additional mid-block crosswalks west of Lupine Lane. As originally envisioned, the Project would require the removal of dining decks along El Paseo for the summer of 2024 and operators would have the option to reinstall them at the Projects completion. Also at that meeting, City staff proposed three separate options for possible lease methodologies for use of the public right-of-way which were based on market lease rates for El Paseo, San Pablo Avenue, and Highway 111. These included an annual lease rate based on market rate for the right-of-way where the deck is located, a blended market rate, and a 50% reduction of the blended rate. The City Council discussed a possible right-of-way use rate based at 50% market lease rates and directed staff to meet with the dining deck operators.

Staff hosted a meeting with dining deck operators on April 29, 2024, to inform them of a proposed licensing agreement requirement and upcoming Project. Operators expressed concern with the lease methodology and the costs associated with removal and reconstruction of the decks for the Project. Subsequently, staff met individually with all operators to address specific concerns. 447
City of Palm Desert
Direction on Dining Decks and El Paseo Rehabilitation Project

Page 2 of 3 ends

El Paseo Street Rehabilitation Project:

The street rehabilitation project will require the operators of the dining decks to remove the structures before the improvements to the roadway begin. The operators requested additional time to budget for the expense of removing the decks. Staff recommends that a compromise be made by splitting the project into two phases. The first phase would make improvements to ADA curb ramps, driveways, sidewalks, and concrete drainage structures. The first phase would be completed in the off-season of 2024. The second phase would include the improvements to the asphalt concrete roadway and would be scheduled for the Summer of 2025. Splitting the project into two phases will help to ensure the project will not spill over into the season.

The construction of the two new mid-block crossings west of Lupine will be included in the second phase of the project. Staff contemplated the idea of constructing the new mid-block crossings in the first phase of the project, but ultimately recommends delaying the installation of the crossings until the rest of the asphalt concrete work is constructed due to the potential damage to the crossings and related electrical lighting components.

Dining Deck Removal:

If direction is provided to divide the Project into two Phases and complete each phase in consecutive summers beginning in 2024, then the first phase of the project will not require removal of the existing dining decks on El Paseo. However, the second phase of the Project, beginning in Summer 2025, would require removal of the dining decks from El Paseo and operators would have the option to replace the dining decks once the Project is complete. By dividing the project into multiple summers staff anticipates minimal disruption to the street during “season” as work should be completed by mid-September of each year. This will allow operators to budget and plan accordingly for deck removal by mid-2025.

Dining Deck Lease/Licensing Agreement:

In meeting with operators and property owners staff learned that many are not charged a lease for patio and/or outdoor space. Operators also expressed concerns with any lease amount for the decks as the decks are not in use during the summer months due to the outdoor temperatures. At the April 11, 2024, City Council meeting, the City Council indicated that a 50% market lease rate should be explored. Since operators will only recognize the benefits of these decks for one additional year, staff is recommending a 25% market lease rate based on the blended rate previously presented at the City Council Study Session.

The market rates used for the blended rate total are listed below:

Area Annual Market Rate SF/Year*
El Paseo (Portola to Hwy 74) $34.82 per SF
San Pablo (San Gorgonio to Highway 111 $23.50 per SF
Highway 111 Frontage Roads (Portola to Monterey) $26.62 per SF Blended Average Market Rate $28.31 per SF
*Source: CoStar
448
City of Palm Desert
Direction on Dining Decks and El Paseo Rehabilitation Project

Page 3 of 3 ends

The table below provides an estimate of the total payment each restaurant would pay under this rate at the 100%, 50%, 33% and 25% rates:

Restaurant Approximate
Deck Square
footage SF*
Annual
Lease
Blended
Rate 100%
Annual Lease
Blended Rate
50% Total
Annual
Lease
Blended
Rate 33%
Total
Annual
Lease
Blended
Rate 25%
Total
Rate $2831 SF/Yr $14.16 SF/Yr $9.34 SF/Yr $7.08 SF/Yr
Armando's
Bar and Grill
889 SF $25,168 $12,584 $8,305 $6,292
Daily Grill 254 SF $7,191 $3,595 $2,373 $1,798
Kitchen 86 635 SF $17,977 $8,988 $5,932 $4,494
Mamma Gina 554 SF $15,684 $7,842 $5,176 $3,921
Piero's Pizza
Vino
318 SF $9,003 $4,501 $2,971 $2,251
Sweet Basil 597 SF $16,901 $8,451 $5,577 $4,225
The Fix 856 SF $24,233 $12,117 $7,997 $6,058
Potential Lease Rev to City $116,157 $58,078 $38,331 $29,039 *Square footage is an estimate only
In the event that the selected dining deck lease rate exceeds the square foot rate a restaurant operator pays to lease their building space, the City Council may consider implementing a “relief” for a reduced rate: the restaurant operator would be required to provide proof of a lease agreement, entered into legally with their landlord on or prior to January 1, 2024, to the City for review. If accepted, the City may reduce the rate to an amount equal to the rate paid by the restaurant to lease their building space.

Staff will return with a formal resolution to adopt the lease rate selected by the City Council.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

Based on current estimates of Deck Square Footage, staff’s recommendation of the 25% market lease rate would generate $29,039 to the General Fund for FY 2024-25. 449
450
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw:

Date: Thursday, May 9, 2024 3:19:36 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Lili
Sent: Monday, April 29, 2024 14:53
To: Community Relations <[email protected]> Subject:

What in the world is wrong with the council people of Palm Desert!??? To remove the patios along El Paseo and 111 so that the decks are no longer available for restaurants??? You people should focus on the real problems of the desert and not the outside decks that people love!!!!
451
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Deck Regulations for restaurants
Date: Thursday, May 9, 2024 3:19:34 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Mark Chiaramonte
Sent: Monday, April 29, 2024 14:53
To: Community Relations <[email protected]> Subject: Deck Regulations for restaurants
Dear City Council,
California is an extremely expensive environment to have a small business.

During COVID, regulations for out door dining were relaxed to allow decks.

I would ask that you not take away a business’s ability to continue to generate revenue amd keep employees employed.

My upcoming vote will be determined by the council’s vote on this issue. Any incumbent that votes to take away decks will not receive my vote.

Thank you,
Mark Chiaramonte
Sent from my iPhone
452
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Leave the Dining Decks alone!
Date: Thursday, May 9, 2024 3:19:29 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Jason Ellet
Sent: Monday, April 29, 2024 15:03
To: Community Relations <[email protected]> Subject: Leave the Dining Decks alone!
To whom may concern at City of Palm Desert,
Please remove your new guidelines pertaining to the dining decks of Restaurants on El Paseo and Highway 111 in the city of Palm Desert, they allow for businesses to continue to operate at a reasonable capacity. Sometimes restaurants are already crowded as enough as it is with the decks, We don’t need to make it impossible to get a table because they lose that capacity.

Thank you,
Resident of Palm Desert for seven years
Jason Ellet
453
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Please keep the big outdoor decks in Palm Desert Date: Thursday, May 9, 2024 3:19:23 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Carol Jackson
Sent: Monday, April 29, 2024 15:21
To: Community Relations <[email protected]> Cc: Ronald Kolodziej
Subject: Please keep the big outdoor decks in Palm Desert As a homeowner in Palm Desert Way), I'm concerned about the possible elimination of outdoor decks on Highway 111 and El Paseo. If outdoor decks are eliminated, businesses will suffer greatly, patrons will not be allowed to enjoy the outdoors while dining, and dogs cannot accompany owners. It's a losing proposition, and it must not happen. There's no good reason to eliminate the decks and several good reasons to keep them.

Please keep the outdoor decks.

With regards,
Carol Jackson
454
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outdoor dining decks
Date: Thursday, May 9, 2024 3:19:19 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Britany Ali
Sent: Monday, April 29, 2024 15:39
To: Community Relations <[email protected]> Subject: Outdoor dining decks
To Whom it May Concern ,
I am a Rancho Mirage soon to be Palm Desert full time resident It is brought to my attention that you are trying to take away the restaurants option for having outdoor dining decks
One aspect & bi product of the COVID Pandemic is these new outdoor dining options .

It ads to the charm of the city , it gives patrons an option even now if they prefer to dine al fresco & I think it is a HUGE attraction for most of the businesses who have had outdoor dining . Why ever would you the City of Palm Desert evr want to limit your small restaurant business owners who have thrived as a result of having the outdoor dining option?
Shame ! Please do consider the voice of the community at large as well as the proprietors of these local havens we are so glad are serving food fun & drinks
The outdoor dining option is amazing for moms and families & to take this away would be a real mistake .

Please consider the voices of the community .

With Respect ,
Britany Levinson & family
7DESIGN
455
456
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the decks!
Date: Thursday, May 9, 2024 3:19:14 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: lauren finch
Sent: Monday, April 29, 2024 15:51
To: Community Relations <[email protected]> Subject: Save the decks!
Sent from Yahoo Mail for iPhone
457
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Restaurant Dining Decks
Date: Thursday, May 9, 2024 3:19:09 PM
Attachments: Outlook-xagqvk2v.png
pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Wilver Gonzalez
Sent: Monday, April 29, 2024 15:53
To: Community Relations <[email protected]> Subject: Restaurant Dining Decks
Good Afternoon,
It has been brought to our attention that the city of Palm Desert is attempting to eliminate all dining decks in Palm Desert and El Paseo. This is a terrible mistake as it has significantly improved our community. It allows us to enjoy our beautiful weather, bring our pups to eat with us, and adds charm to our community.

I will voting against any incumbent that votes to eliminate dining decks in Palm Desert.

Thank you,
458
Wilver Gonzalez-Galdamez DPT
Clinic Director
La Quinta
[email protected]
760-771-9054
79-440 Corporate Center Dr Suite 112
La Quinta, Ca 92253
allstarphysicaltherapy.net
459
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Please keep the Dining Decks on El Paseo!
Date: Thursday, May 9, 2024 3:19:09 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: James Welch
Sent: Monday, April 29, 2024 15:56
To: Community Relations <[email protected]> Subject: Please keep the Dining Decks on El Paseo!
I'm a recent full time resident of Palm Desert and can say that the outdoor dining option along El Paseo (which I can walk to) was one of the key reasons we chose PD over other Valley cities. Please do not harm businesses and the fun of residents by outlawing or substantially reducing them.
460
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Deck dining on El Paseo & Hwy 111
Date: Thursday, May 9, 2024 3:19:01 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: RSVP
Sent: Monday, April 29, 2024 16:27
To: Community Relations <[email protected]> Subject: Deck dining on El Paseo & Hwy 111
We LOVE all of the outdoor space at restaurants that Covid created and PLEASE DO NOT remove them!! Dining outside makes this area even cooler than it already is!!! #Welikebigdecks!!
Sincerely,
Palm Desert homeowner!
Sent from my iPhone
461
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: We like big decks!
Date: Thursday, May 9, 2024 3:18:57 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Arianna
Sent: Monday, April 29, 2024 16:31
To: Community Relations <[email protected]> Subject: We like big decks!
To whom it may concern,
I have spent half time in Palm Desert for 3 years and absolutely love the community and the surrounding small businesses. The decks are what makes El Paseo and 111 restaurants amazing!! People love being outdoors, not to mention small business having an outside space to generate additional revenue.

Please reconsider this decision to remove the decks or make them obselete. I'm a restaurant tour and have been involved in the F&B business for almost half of my life, my business partner and I are seriously considering opening up a restaurant or small Lounge type bar but this decision would be a very big deterrent to us with our business plan.

PALM DESERT NEEDS BIG DECKS!
Thank you.

Arianna Courte
CEO
Wine N Dine
462
463
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Regarding decks
Date: Thursday, May 9, 2024 3:18:50 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From:

Sent: Monday, April 29, 2024 16:35
To: Community Relations <[email protected]> Subject: Regarding decks
To whom it may concern,
I have spent half time in Palm Desert for 3 years and absolutely love the community and the surrounding small businesses. The decks are what makes El Paseo and 111 restaurants amazing!! People love being outdoors, not to mention small business having an outside space to generate additional revenue.

Please reconsider this decision to remove the decks or make them obselete. PALM DESERT NEEDS THEM!
Thank you.

Arianna
CEO
www.CourteConsulting.com
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. You shall not disseminate, distribute or copy this e464 mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 2023, Courte Consulting, USA. 465
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save our decks and parklets!
Date: Thursday, May 9, 2024 3:18:44 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Gina DeMaria
Sent: Monday, April 29, 2024 16:45
To: Community Relations <[email protected]> Subject: Save our decks and parklets!
Good afternoon City of Palm Desert,
We love outdoor dining! We love our parklets and decks. Please don’t take them away and please don’t make them difficult for business owners to keep.

As you know, these businesses worked very hard to stay alive during Covid and suffered a great financial loss. We should work with them to keep them alive.

I’m unsure of the reason behind this decision. I can’t find any.

Please reconsider.

Thank you,
Gina DeMaria
466
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Decks on El Paseo - KEEP THEM!
Date: Thursday, May 9, 2024 3:18:39 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Jonathan Brannon
Sent: Monday, April 29, 2024 16:52
To: Community Relations <[email protected]> Subject: Decks on El Paseo - KEEP THEM!
In your upcoming discussions on decks on El Paseo - your community majority is in support of keeping them.

As a city we need to take advantage of helping our local business owners build their businesses up, not insist they shrink and contract. Growth of local business increases jobs, revenue and as a result income to the city through higher tax revenues.

Keep the decks!!!
#youlikebigdecks
Respectfully
Jon Brannon
467
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: New outdoor dining changes
Date: Thursday, May 9, 2024 3:18:33 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Tori Montgomery
Sent: Monday, April 29, 2024 17:27
To: Community Relations <[email protected]> Subject: New outdoor dining changes
Hi,
I’m a La Quinta resident but spend a significant amount of time each week in Palm Desert. Over the past few years, outdoor dining has become part of the charm of the city and allows small businesses to cater to more customers.

I really am discouraged by the changes that are being made, especially as it seems as though it’s just a way for you to grab more money from places that make this city so special. Either that or you want to kill the specialness that these spaces have allowed our community to get together and meet fellow residents.

Please reconsider,
Tori
—
Tori Montgomery
468
469
470
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outdoor dining guidelines
Date: Thursday, May 9, 2024 3:18:20 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Dave Marmon
Sent: Monday, April 29, 2024 19:19
To: Community Relations <[email protected]> Subject: Outdoor dining guidelines
Hello,
I recently learned about pending guidelines that would ban outdoor dining and decks on El Paseo and HWY 111. As a Palm Desert resident I would like to voice my opposition to these changes.

Outdoor dining and seating is an essential part of life in the city today. It makes the areas more vibrant and fun, brings a sense of community, brings in money for businesses and most importantly lets us all take advantage of our greatest asset, our beautiful weather and scenery.

Please consider allowing current guidelines for outdoor dining and decks to remain in place.

Thank you,
Dave Marmon
471
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Please leave the outdoor decks!
Date: Thursday, May 9, 2024 3:18:15 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Colm Smith
Sent: Tuesday, April 30, 2024 7:34
To: Community Relations <[email protected]> Subject: Please leave the outdoor decks!
Thanks!
Colm
472
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Keep the decks and patios
Date: Thursday, May 9, 2024 3:18:08 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Joe Mulhearn
Sent: Tuesday, April 30, 2024 7:35
To: Community Relations <[email protected]> Subject: Keep the decks and patios
Its nice to go to Palm Desert and sit out on the outside decks or patios at places along 111.

Please keep that available. Thanks.

Joe
473
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Dining Decks
Date: Thursday, May 9, 2024 3:18:08 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Allison Linnell
Sent: Tuesday, April 30, 2024 7:36
To: Community Relations <[email protected]> Subject: Dining Decks
I do hope you do not do away with dining decks. There are a few restaurants that really rely on these decks and I love being able to dine outdoors.

Allison Linnell
474
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Little bar dining deck
Date: Thursday, May 9, 2024 3:18:04 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Dave Costello
Sent: Tuesday, April 30, 2024 7:50
To: Community Relations <[email protected]> Subject: Little bar dining deck
Please do not force Little Bar restaurant & bar to remove their beautiful and well constructed patio seating area.

This patio adds much needed room and ambiance to this fantastic restaurant & bar and still allows for ample parking spaces.

Little Bar was forced to build out this patio during covid just to stay in business and should not be penalized by losing it.

Please allow Little Bar to keep their beautiful & functional patio in Palm Desert.

Regards,
Dave Costello
(Little Bar patron )
475
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: BIG DECKS-THE LITTLE BAR
Date: Thursday, May 9, 2024 3:17:57 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: [email protected]
Sent: Tuesday, April 30, 2024 7:51
To: Community Relations <[email protected]> Cc:

Subject: BIG DECKS-THE LITTLE BAR
Good Morning City of Palm Desert,
I have a home at in Palm Desert and my wife and I enjoy going to the Little Bar on HWY 111 to enjoy Taco Tuesday. Their establishment is small inside and so they have a large deck outside to accommodate their customers. We enjoy being outside and enjoy their food and their spirits. If the outside decking is removed this establishment would not survive and the employees would need to be let go. I am not in favor of removing decks from the ambiance of Palm Desert.

Harley O’Neil, Jr.

Palm Desert, CA 92260
476
477
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Decks
Date: Thursday, May 9, 2024 3:17:55 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Carol Long
Sent: Tuesday, April 30, 2024 7:51
To: Community Relations <[email protected]> Subject: Decks
I find no objection to the decks on 111. I think El Paseo are okay as well.

Carol Long
Palm Desert 92360
Sent from AT&T Yahoo Mail for iPhone
478
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outdoor dining on the decks!
Date: Thursday, May 9, 2024 3:17:50 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Kate Spates
Sent: Tuesday, April 30, 2024 7:51
To: Community Relations <[email protected]> Subject: Outdoor dining on the decks!
Dear Palm Desert Community Relations Manager,
If you've ever traveled to virtually any European city or any place with weather a fraction of how glorious our weather is, you would see people dining outdoors on sidewalks, walkways and yes, streets. We must save the outdoor dining decks in Palm Desert.

The only good thing that came from the pandemic is the pivot to outdoor dining with these parklet decks. Places like Kitchen 86, Armando's, Sweet Basil, il Corso and the Fix became our new favorites because we had the ability to enjoy our beautiful weather while we dine. It felt very European or coastal and it begged the question, "why wouldn't we have this all the time?"
Hearing that the city has introduced new guidelines that would have business owners paying rent, in many cases more than what they pay per square for for interior space, along with expensive tear down and rebuild orders only to guarantee they could stay for a year is just anti-business. It will kill some businesses, people will lose jobs and it's just anti-common sense! All coming right before businesses suffer in the summer. Who thinks this is a good idea?
I urge you to reconsider and hear from the community you serve. 479
480
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Dining Decks
Date: Thursday, May 9, 2024 3:17:43 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Deb Kallok
Sent: Tuesday, April 30, 2024 7:55
To: Community Relations <[email protected]> Subject: Dining Decks
Please save the dining decks in Palm Desert. It’s been really nice having the outdoor dining since Covid hit us in 2020. Some people still do not like to eat indoors because of Covid and some of the establishments are small inside
Sincerely,
Deborah A Kallok
Palm Desert Resident
Sent from my iPhone
481
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: RESTAURANT OUTDOOR DINING DECKS
Date: Thursday, May 9, 2024 3:17:40 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: L. Price
Sent: Tuesday, April 30, 2024 8:00
To: Community Relations <[email protected]> Subject: RESTAURANT OUTDOOR DINING DECKS
I have been a resident of the valley for 42 years, and I'm horrified that you are planning to outlow restaurants' large dining outdoor decks. First of all, restaurants are still recovering from losing so much during Covid shut-downs.

Secondly, they are all very nicely built with lovely flowers and decorations, and not only tourists, but residents enjoy dining outside. And, it's probably healthier for us to remain outside. Covid is still out there, as are lots of other viruses, and people are safer dining outside. These decks are not hindering traffic on El Paseo (I use El Paseo several times a week in my travels around town). I very much enjoy dining out at all the outdoor spots on El Paseo.

Please reconsider this plan and allow these restaurants to have their outdoor dining spaces so they can continue to serve more people in our beautiful desert and enjoying our beautiful desert vistas while doing so. After all, that's what our cities here advertise the most about - OUR SCENERY. Let us enjoy it while dining too.

Thank you for considering.

Lorraine Price
Palm Desert, CA
Virus-free.www.avast.com
482
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Keep the Decks
Date: Thursday, May 9, 2024 3:17:39 PM
Attachments: FLLogoEmailSig.png
pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png
icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From:

Sent: Tuesday, April 30, 2024 8:01
To: Community Relations <[email protected]> Subject: Keep the Decks
To PD City Council:

In response to your efforts to regulate and basically wipe out the remaining decks that are remaining on El Paseo and along Hwy 111. I strongly feel that the decks are a plus to the city and to the restaurants that utilize them. As a desert resident who has been in the area since 1968 I remember the days when El Paseo was a sleepy street that used to close by 3pm with hardly any restaurants along the corridor. These decks have helped make it a vibrant area that people want to visit and frequent often. If you loose the decks you lose additional revenue the city needs too keep the city moving forward as a hospitality area. Remember our desert cities are a hospitality area that this type of business is built on! I feel that you are going in the wrong direction and should be promoting these even more! If you have ever traveled to any European city such as Paris or Rome outdoor dining is at the heart of their success! Don’t listen to the negative people against these proven methods of attracting tourist and patrons! There has never been more tourist visiting the PD area and the decks have helped make it that way! Move forward not backwards!!!!
SAVE THE DECKS!!!!
483
484
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Dining decks on El Paseo
Date: Thursday, May 9, 2024 3:17:36 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Rod Duncan
Sent: Tuesday, April 30, 2024 8:07
To: Community Relations <[email protected]> Subject: Dining decks on El Paseo
Every few months my wife and I dine at the Daily Grill and always ask to be seated outside. We love to people and car watch. I hope you reconsider your decision to restrict dinning decks.

Rod Duncan
Indio CA
Sent from my iPad
485
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Allow the outdoor decks
Date: Thursday, May 9, 2024 3:17:28 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Colin Taylor
Sent: Tuesday, April 30, 2024 8:05
To: Community Relations <[email protected]> Subject: Allow the outdoor decks
Please allow the restaurants in Palm Desert to have the outdoor decks.

Colin Taylor
486
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the Decks
Date: Thursday, May 9, 2024 3:17:20 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: swjwwj jenkins
Sent: Tuesday, April 30, 2024 8:05
To: Community Relations <[email protected]> Subject: Save the Decks
Please save the dining decks. They add a great deal of ambiance to the street scene...Walter Jenkins
Walter Jenkins
487
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Keep the Decks
Date: Thursday, May 9, 2024 3:17:11 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Remus Haste
Sent: Tuesday, April 30, 2024 8:10
To: Community Relations <[email protected]> Subject: Keep the Decks
Dear City:

Can you stop being so good at putting businesses out of business, you bow down to the few complainers at the needs of the many.

Sent from my iPhone
Sincerely,
Remus Haste
488
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw:

Date: Thursday, May 9, 2024 3:17:08 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Lili
Sent: Tuesday, April 30, 2024 8:23
To: Community Relations <[email protected]> Subject:

What in the world is wrong with the council people of Palm Desert!??? To remove the patios along El Paseo and 111 so that the decks are no longer available for restaurants??? You people should focus on the real problems of the desert and not the outside decks that people love!!!!
489
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outdoor dining
Date: Thursday, May 9, 2024 3:17:04 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Cindy Walsh
Sent: Tuesday, April 30, 2024 8:26
To: Community Relations <[email protected]> Subject: Outdoor dining
I'm writing to say - leave the decks! Leave the outdoor dining.

PLEASE!!!!!!!!!!!!!!!!!!!!!!!!!
I am a year round resident of PD.

Cynthia Walsh
490
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the Decks
Date: Thursday, May 9, 2024 3:16:59 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Lisa Jacques
Sent: Tuesday, April 30, 2024 8:42
To: Community Relations <[email protected]> Subject: Save the Decks
I Love sitting on the outside decks. Please save them
Thank you
Lisa Jacques
Sent from my iPhone
491
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Open decks
Date: Thursday, May 9, 2024 3:16:50 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: William Moreno
Sent: Tuesday, April 30, 2024 8:57
To: Community Relations <[email protected]> Subject: Open decks
I like the idea of open decks outside of restaurants. When the weather is good it’s the best way to enjoy a great meal. My friends Dom out of town love to visit these locations on El Paseo.

Sent from my iPad
492
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Patio decks
Date: Thursday, May 9, 2024 3:16:43 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Russell Nash
Sent: Tuesday, April 30, 2024 9:09
To: Community Relations <[email protected]> Subject: Patio decks
We need to keep the decks in El Paso
Sent from my iPhone
493
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: #youlikebigdecks
Date: Thursday, May 9, 2024 3:16:37 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: James Linnell
Sent: Tuesday, April 30, 2024 9:27
To: Community Relations <[email protected]> Subject: #youlikebigdecks
494
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: We want Big Decks
Date: Thursday, May 9, 2024 3:16:35 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Patrick Overturf
Sent: Tuesday, April 30, 2024 9:35
To: Community Relations <[email protected]> Subject: We want Big Decks
The one good thing that came out of Covid was the outdoor dining. People still don’t like being inside especially with people still getting sick.

We hope that you will reconsider the removal of outdoor eating decks on El Paseo and Highway 111.

Thanks,
Patrick Overturf
495
496
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the decks
Date: Thursday, May 9, 2024 3:16:24 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Doug Bryant
Sent: Tuesday, April 30, 2024 9:49
To: Community Relations <[email protected]> Subject: Save the decks
As a resident of Palm Desert I would like to see the patio decks remain. Not everyone likes to eat inside a dark and dank restaurant.

Sent from my iPhone
497
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: #welikebigdecks
Date: Thursday, May 9, 2024 3:16:21 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From:

Sent: Tuesday, April 30, 2024 9:54
To: Community Relations <[email protected]> Subject: #welikebigdecks
Please do not remove the deck of Little Bar et al….Peter Smith, Rancho Mirage 498
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: #ilikebigdecks
Date: Thursday, May 9, 2024 3:16:15 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Allen Nicely
Sent: Tuesday, April 30, 2024 10:10
To: Community Relations <[email protected]> Subject: #ilikebigdecks
Outdoor dining is what California is all about. Don't close a good thing. If outdoor was good with Covid it's better without
Allen Nicely
499
500
501
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Temporary Decks
Date: Thursday, May 9, 2024 3:16:02 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Lynn STOLLER
Sent: Tuesday, April 30, 2024 10:20
To: Community Relations <[email protected]> Subject: Temporary Decks
I realize that temporary outdoor decks were allowed during COVID to allow restaurants to serve outside when service was not possible inside. This saved many restaurants as well as people's sanity. They also provided new visibility to restaurants and, for those who survived, an ability to expand and thrive in a new, creative way.

While I live in Indio now, I lived in Palm Desert in 2020. My children and grandchildren live there now. Palm Desert and all its many restaurants are near and dear to me.

Please don't take the decks away.

Sincerely,
502
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Please Please Please continue with the restaurant decks on El Paseo and 111 Date: Thursday, May 9, 2024 3:15:58 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Don Leve
Sent: Tuesday, April 30, 2024 10:34
To: Community Relations <[email protected]> Subject: Please Please Please continue with the restaurant decks on El Paseo and 111 YES. PLEASE CONTINUE WITH RESTAURANT DECKS ON EL PASEO AND 111.

THEY MAKE DINING ENJOYABLE.

Best regards,
Don Leve
Sent from my MacBook Pro
503
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the restaurant decks on El Paseo Palm Desert Date: Thursday, May 9, 2024 3:15:53 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: John Reynolds
Sent: Tuesday, April 30, 2024 10:46
To: Community Relations <[email protected]> Subject: Save the restaurant decks on El Paseo Palm Desert Sent from my iPhone
504
505
506
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Decks on El Paseo
Date: Thursday, May 9, 2024 3:15:35 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: SUZANE WILBUR
Sent: Tuesday, April 30, 2024 11:10
To: Community Relations <[email protected]> Subject: Decks on El Paseo
Please do not eliminate the restaurant decks on El Paseo. They are a unique dining experience, especially during times when the indoor part of the restaurants are at capacity. Also, during the summer, the decks provide shade for diners.

Thank you.

Suzane and Pat Wilbur
Palm Desert, CA
507
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: We like big decks!!
Date: Thursday, May 9, 2024 3:15:31 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Neil Linder
Sent: Tuesday, April 30, 2024 11:38
To: Community Relations <[email protected]> Subject: We like big decks!!
We like big decks they make dining and drinking more interesting yes to decks to eat and drink on!! Neil Linder
Sent from my iPhone
508
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: We like Big Decks
Date: Thursday, May 9, 2024 3:15:27 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Victoria Kaminsky
Sent: Tuesday, April 30, 2024 11:44
To: Community Relations <[email protected]> Subject: We like Big Decks
Please keep the big decks for dining near El Paseo and Highway 111 in Palm Desert.

We would really disappointed since we dine in these areas outside all the time.

Thank you
Vicki Kaminsky
509
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: #ilikebigdecks
Date: Thursday, May 9, 2024 3:15:23 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Kim Kambo Pura
Sent: Tuesday, April 30, 2024 11:47
To: Community Relations <[email protected]> Subject: #ilikebigdecks
Save the decks! Please they make certain places like Little Bar so special and would be detrimental to their business.

Kim Mathis
510
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outside dining decks
Date: Thursday, May 9, 2024 3:15:16 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Russ Omey
Sent: Tuesday, April 30, 2024 13:08
To: Community Relations <[email protected]> Subject: Outside dining decks
Please do not eliminate outside dining decks. It's great to sit outside in beautiful Palm Desert weather and enjoy food and drinks. We like big decks on El Paseo and Highway 111. Thank you.

Russ & Colette Omey (residents for 21 years)
511
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the decks
Date: Thursday, May 9, 2024 3:15:09 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Colleen Armstrong
Sent: Tuesday, April 30, 2024 13:24
To: Community Relations <[email protected]> Subject: Save the decks
Hello,
Please allow the extended dining patios for the restaurants on el Paseo and 111 to remain open We have enjoyed many times on these patios during and post Covid, and I am sure it has allowed the businesses to recoup/recover from the devastation they faced during the pandemic.

Considering how busy most of the patios seem to be, it would be yet another blow to an already struggling sector of our small businesses.

Thank you very much for your time and we truly hope the city of Palm desert reconsiders closing the decks/patios, and considers the long term success of our bars and restaurants.

Best regards,
Colleen Armstrong
512
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Please don"t get rid of outdoor dining!
Date: Thursday, May 9, 2024 3:15:04 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Sherri Marmon
Sent: Tuesday, April 30, 2024 13:29
To: Community Relations <[email protected]> Subject: Please don't get rid of outdoor dining!
To the City of Palm Desert:

I am a Palm Desert resident and just learned that you are trying to enforce new guidelines to eliminate dining decks on El Paseo and Highway 111. I felt the need to voice my objection to your proposed new guidelines and urge you to please allow restaurants to keep their outdoor dining decks.

Many businesses invested a lot of time and money building outdoor dining spaces during a time when it was a struggle just to stay afloat. Now with nationally rising food and other costs it's hard enough to keep any business going. These dedicated local businesses (and yes, we're mostly talking about locally-owned, non-chain businesses) contribute hugely to our community and give patrons like me a much-needed sense of belonging that becomes more important every day.

The last thing you should do is make it even more difficult for our local businesses to stay afloat, or to punish local residents by removing crucial communal gathering spaces where we can support our local businesses. I see no benefit to removing outdoor dining decks. Abundant parking is already available around both El Paseo and 111 so there is no pressing 513
need to free up more pavement. Your proposal would only have the opposite effect: making it harder (or sometimes impossible) for customers to patronize smaller establishments during busy times if space were to be limited to indoor seating. Not to mention, a big reason many of us choose to live here is the views, and outdoor dining allows us to take advantage of the surrounding beauty as much as possible.

Please keep outdoor dining decks alive in Palm Desert.

Respectfully,
Sherri Marmon
514
515
516
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Big decks
Date: Thursday, May 9, 2024 3:14:54 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Larry Kaminsky
Sent: Tuesday, April 30, 2024 14:33
To: Community Relations <[email protected]> Subject: Big decks
We love the big decks. That is one of the unique features of the Palm Desert restaurants.

Please don’t get rid of them
Thanks
Larry Kaminsky
Sent from my iPhone
517
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the Decks
Date: Thursday, May 9, 2024 3:14:52 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From:

Sent: Tuesday, April 30, 2024 14:50
To: Community Relations <[email protected]> Subject: Save the Decks
There are few positives that came from the COVID crisis that crippled many of us mentally and emotionally. One of them was the extended outdoor dining along El Paseo. It definitely breathed a more vibrant feel to the stretch. Hearing murmurs that you are considering eliminating these outdoor patio spaces and as a Palm Desert tax payer and year round resident, that is incredibly disappointing.

I certainly hope the city will be sharing with the community their reasoning behind this decision.

SheriMW
518
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Restaurant decks
Date: Thursday, May 9, 2024 3:14:49 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Jim Ventris
Sent: Tuesday, April 30, 2024 16:21
To: Community Relations <[email protected]> Subject: Restaurant decks
As Palm Desert residents we prioritize where we dine by access to their outside decks. Please do not change the current policies. It would harm local restaurants and reduce revenue.

Jim Ventris
Sent from my iPhone
519
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Deck removal on El Paseo
Date: Thursday, May 9, 2024 3:14:45 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Marci OBrien
Sent: Tuesday, April 30, 2024 15:42
To: Community Relations <[email protected]> Subject: Deck removal on El Paseo
To whom it may concern,
Please keep the decks! They have become one with the area & are very important as the restaurants we go to need them so we can get a seat as there is increased visitors to the area all year now!
Make it a Delightful Day!
Cheers!
Marci O'Brien
520
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save outdoor dining decks
Date: Thursday, May 9, 2024 3:14:37 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Barbara Johns
Sent: Tuesday, April 30, 2024 15:58
To: Community Relations <[email protected]> Subject: Save outdoor dining decks
Please don’t be shortsighted enough to remove the outdoor dining decks that expand our local restaurants and their footprints. These add an ambience and friendly atmosphere all around our city, and saddling restaurant owners with unwieldy restrictions and unconscionable “fees” is both unfair and ridiculous.

The city is raking in taxes all over the place (think surf park) and can certainly afford to give restauranteurs a break.

What is your ultimate goal? To squeeze more money out of an already-stressed component of our community?
How about focusing instead on making this a more charming place to live? We love the outdoor dining decks and El Paseo needs them along with everyone else.

Barbara Johns
Palm Desert
521
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outdoor decks.

Date: Thursday, May 9, 2024 3:14:33 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Glen Brook
Sent: Tuesday, April 30, 2024 16:14
To: Community Relations <[email protected]> Subject: Outdoor decks.

We like big outdoor decks. Please do not cut them back when they have been a huge success especially when visitors come to Palm Desert. They tell us it is like a touch of Europe. Please do not get rid of something that has helped ElPaso thrive again.

Sent from my iPhone
522
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Concerns Over Proposed Fees for Outdoor Decks on El Paseo and Highway 111 Date: Thursday, May 9, 2024 3:14:25 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Rich Barnes
Sent: Tuesday, April 30, 2024 16:29
To: Community Relations <[email protected]> Subject: Concerns Over Proposed Fees for Outdoor Decks on El Paseo and Highway 111 Dear Palm Desert City Council Members,
I hope this message finds you well. I am writing to express my concern regarding the proposed fees for outdoor decks used by restaurants along El Paseo and Highway 111. As a resident of Palm Desert, these outdoor spaces are essential for maintaining the unique character and appeal of our community.

The decks not only add a vibrant atmosphere but also serve as welcoming spaces for people of all ages, from the young to the elderly and families. They are crucial for enjoying the outdoor lifestyle that is a hallmark of living in Palm Desert. These spaces provide a dynamic environment that cannot be replicated by mere parking spots. Removing or reducing these vital areas in favor of additional parking would not only diminish our city's charm but could also negatively impact the local economy, which benefits from the attractive, pedestrianfriendly settings that these decks provide.

Moreover, these outdoor decks are more than just dining areas; they are community hubs where memories are made and local culture is celebrated. Imposing onerous fees on these spaces could discourage business owners from maintaining or expanding outdoor seating areas, potentially leading to a less vibrant community space.

I urge the council to consider these points and the long-term impacts of the proposed fees on 523
524
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Patios are dog friendly
Date: Thursday, May 9, 2024 3:14:18 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Scott Hendrickson
Sent: Tuesday, April 30, 2024 16:38
To: Community Relations <[email protected]> Subject: Patios are dog friendly
We moved to Palm Desert just over a year ago and we like taking our dog to the patios like Kitchen 86 and especially Little Bar. Please allow these patio spaces to remain open.

Regards,
Scott Hendrickson
525
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outdoor dining decks on El Paseo
Date: Thursday, May 9, 2024 3:14:15 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: J. J.

Sent: Tuesday, April 30, 2024 16:55
To: Community Relations <[email protected]> Subject: Outdoor dining decks on El Paseo
Who would want to eat on a busy road with all the smog exhaust, heat, dust, sand, etc. it makes no kind of sense to me whatsoever.

I say get rid of them .

They're slowing down traffic
Sincerely
John Jeffreys
Palm Desert, CA 92260
526
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Palm Desert Restaurant Decks
Date: Thursday, May 9, 2024 3:14:13 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Jill Maroney
Sent: Tuesday, April 30, 2024 17:58
To: Community Relations <[email protected]> Subject: Palm Desert Restaurant Decks
Dear City of Palm Desert,
Please let our restaurants who put decks in during Covid keep them! It is one of the best things to happen in the city,
making it feel so much more like a neighborhood. It's so lovely to be able to sit out in the beautiful weather and enjoy
visiting with friends and a lovely meal.

Thank you for your consideration,
Jill Maroney
(
527
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outside dining decks
Date: Thursday, May 9, 2024 3:14:11 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: KENNETH MCDOW
Sent: Tuesday, April 30, 2024 17:27
To: Community Relations <[email protected]> Subject: Outside dining decks
I do not know why this is being discussed. Everyone enjoys the option of sitting inside or outside. Plus it allows for additional seating to eliminate waiting times. I eat out at least 4 times a week and do sit outside. Most people have commented it feels like Europe. Also with more business there are more tax dollars.
528
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the decks!
Date: Thursday, May 9, 2024 3:13:59 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Dan Krause
Sent: Tuesday, April 30, 2024 18:06
To: Community Relations <[email protected]> Subject: Save the decks!
Dear Palm Desert Community Leaders,
My understanding is that there is pending decisions that may effect outside dinning along El Paseo and HWY 111. As a resident and property owner of Palm Desert, I have been become a fan of outdoor dinning on these Covid era decks. I have to say I was not a fan to begin with. My fears at first were regarding accidents and sidewalk blocking. I walk and drive on El Paseo and 111 all the time and my fears were unwarranted. They provide delightful outdoor dinning options, more capacity which is good for restaurants, good for consumers and good for jobs!! I encourage you to weigh your decision carefully and consider the wildly good these structures provide verses the very little problems they have caused. Lets error on the side of our businesses, our consumers and our seasonal visitors!!
Thank you so much!
Dan Krause
Palm Dessert, CA 92260
Sent from my iPhone
529
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the decks
Date: Thursday, May 9, 2024 3:13:56 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Kelly Taylor
Sent: Tuesday, April 30, 2024 18:57
To: Community Relations <[email protected]> Subject: Save the decks
To whom it may concern,
Please allow palm desert restaurant and bars to maintain their outdoor seating, patios and decks.

We thoroughly enjoy experiencing the city via outdoor seating at local establishments. It is a huge draw for visitors and locals alike.

But more importantly, the success of small businesses and jobs may depend on the ability to accommodate guests in this fashion.

My family has been in this area since 2017.

Sincerely,
Kelly Taylor
530
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Please save the decks!
Date: Thursday, May 9, 2024 3:12:35 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Janet Haire
Sent: Tuesday, April 30, 2024 20:35
To: Community Relations <[email protected]> Subject: Please save the decks!
Please allow our restaurants to keep their decks, especially Little Bar, The Fix, Daily Grill….

Thank you
Janet
Sent from my iPhone
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532
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Dining Decks
Date: Thursday, May 9, 2024 3:12:24 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Jack Allen
Sent: Wednesday, May 1, 2024 6:56
To: Community Relations <[email protected]> Subject: Dining Decks
Good morning,
Please review again and reduce the fee for the dining decks at our local restaurants. #youlikebigdecks
Respectfully,
Virus-free.www.avast.com
533
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Restaurant Dining Decks
Date: Thursday, May 9, 2024 3:12:21 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Fredy Gerber
Sent: Wednesday, May 1, 2024 8:03
To: Community Relations <[email protected]> Subject: Restaurant Dining Decks
Hello,
The dining decks on El Paseo and elsewhere in Palm Desert add A LOT of pleasure and sophistication to our city.

They are a very welcome addition. One of the very few positive things to come out of the pandemic.

This is so much more inviting to the entire El Paseo experience.

More lively and less corporate and boring.

Should they be diminished or eliminated we'd be more likely to go back to Palm Springs for dining and cocktails instead.

Please don't mess it up!
Regards,
Fred
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535
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw:

Date: Thursday, May 9, 2024 3:12:18 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Lorraine Sharp
Sent: Wednesday, May 1, 2024 8:48
To: Community Relations <[email protected]> Subject:

I’m glad the city is finally doing some thing about the dining decks… They are an eyesore… especially kitchen 86… Horrible…
Lorraine Sharp
Palm Desert, CA
Sent from Lorrie's iPhone
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537
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Sidewalk seating
Date: Thursday, May 9, 2024 3:12:05 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Susan Williams
Sent: Wednesday, May 1, 2024 9:31
To: Community Relations <[email protected]> Subject: Sidewalk seating
Please allow restaurants to continue the expanded patios added during the pandemic. It allows us to sit outside and adds to the ambiance of each restaurant.

Thanks for considering.

Susan Williams
Sent from my iPhone
538
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Restaurant deck requirements
Date: Thursday, May 9, 2024 3:11:58 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Sally Hayden
Sent: Wednesday, May 1, 2024 11:56
To: Community Relations <[email protected]> Subject: Restaurant deck requirements
Dear sirs,
It was disappointing to hear of the additional requirements and restrictions you plan to impose on restaurants on el paleo and why 111 for outside seating. These businesses have already incurred huge losses due to pandemic. We need to support our small businesses which provide employment and enjoyment to our community.

Thank you for. Your consideration
Sally Hayden
Sent from my iPad
539
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Big decks on El Paseo
Date: Thursday, May 9, 2024 3:11:50 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: CHERYL FRENCHI
Sent: Wednesday, May 1, 2024 13:28
To: Community Relations <[email protected]> Subject: Big decks on El Paseo
To whom it may concern,
I am a long time resident of Palm Desert and truly enjoy dinning outside on the patios on El Paseo.

It seems to me after Covid the council would not try to harm the income of the business that already took a betting during that time period. As a community we should be helping our business. This would affect their income, plus limit the amount of people dinning at their establishments.

It doesn’t interfere with anything so I don’t understand why you want to stop the outside patios.

I sincerely hope you will reconsider taking them away .

You would be making a big mistake to our community.

Regards,
Cheryl Frenchi
30 year full time resident of Palm Desert.

Sent from my iPhone
540
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: save the decks
Date: Thursday, May 9, 2024 3:11:44 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Donna Stone
Sent: Wednesday, May 1, 2024 14:47
To: Community Relations <[email protected]> Subject: save the decks
Only the encroaching decks on El Paseo should be removed, not others, especially the Little Bar which does not encroach on anything but a parking lot. Please save it.

Donna & Lee Stone
Palm Desert
541
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outside patio restaurants
Date: Thursday, May 9, 2024 3:11:34 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Margeret Fritz
Sent: Wednesday, May 1, 2024 18:29
To: Community Relations <[email protected]> Subject: Outside patio restaurants
So many of us have health conditions and autoimmune disorders and these outdoor patios are the only way we can have a semi-normal life.

Covid, RSV, flu and colds are still here.

Please don't discourage restaurants from getting rid of these.

Thank you,
Margeret Fritz
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543
544
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546
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: El Paseo Street Dining patios
Date: Thursday, May 9, 2024 3:11:20 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Tom Walsh
Sent: Thursday, May 2, 2024 12:46
To: Community Relations <[email protected]> Subject: El Paseo Street Dining patios
To whom it may concern,
I understand that the street dining patios will need to be removed and rebuilt. This is a huge expense for the restaurants on the street that could cause some to shut down. If the space is eliminated it definitely will cause shutdowns. Please reconsider this move.

Respectfully,
Tom Walsh
Get Outlook for iOS
547
548
549
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw:

Date: Thursday, May 9, 2024 3:11:06 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Trudi Pressman
Sent: Thursday, May 2, 2024 16:34
To: Community Relations <[email protected]> Subject:

To whom it may concern.

Today it came to my attention, while having lunch at Sweet Basil that you are planning to remove all patios on El Paseo. I wholeheartedly DISAGREE with that undertaking. El Paseo has changed a lot over the years and many people now come to the beautiful blvd. to relax and dine out in the open with their friends and family. Removing the patios would not only be a huge expense for the dining establishments, but it would make El Paseo drab and more desolate. The bulk of the activity on El Paseo and the big draw is the outdoor dining, it adds a cheerful and happy atmosphere to otherwise boring and hot sidewalks. Once people dine or have beverages they then walk and shop. This is essential to get people in the local shops. It also gathers a large amount of people who would otherwise go elsewhere.

Please reconsider this drastic move.

Thank you
Trudi Pressman
550
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Save the Decks
Date: Thursday, May 9, 2024 3:11:02 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Marsha Ferm
Sent: Friday, May 3, 2024 8:12
To: Community Relations <[email protected]> Subject: Save the Decks
Love outdoor dining. Motivates our choice of restaurants.

More restaurant seating = more sales.

Employs more restaurant personnel thus more income/taxes.

It’s not brain surgery to figure out deck dining is a great thing.

Marsha Ferm
551
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Small Business Support
Date: Thursday, May 9, 2024 3:11:00 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: JIm Burke
Sent: Friday, May 3, 2024 10:26
To: Community Relations <[email protected]> Subject: Small Business Support
As long term residents of Palm Desert we believe in supporting small businesses.

During the COVID years small restaurants were allowed to build outdoor structures on El Paseo to survive.

The idea worked to the point that the restaurants now survive because the additional seating offsets today’s costs.

Asking these small businesses to break down and then reinstall their outdoor structures to accommodate a paving project will drive some of them out of business.

We suggest two alternatives. Why not pave to the edge of the existing structures? A second suggestion is for the city to absorb the costs of the removal and reinstatement.

It seems to us that the first suggestion is a win\win solution. The second alternative shifts the cost to an entity capable of absorbing it.

Both solutions preserve small businesses. We certainly do not need more vacancies on our flagship street.

Respectfully
Judy Blossom and James Burke
552
Sent from my iPhone
553
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From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Big Decks - Heck Yes!
Date: Thursday, May 9, 2024 3:10:45 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From:

Sent: Saturday, May 4, 2024 7:15
To: Community Relations <[email protected]> Subject: Big Decks - Heck Yes!
#welikebigdecks #outdoordining #unitepalmdesert #theonegoodthingaboutcovid #savethediningdecks #parklets
556
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outdoor eating
Date: Thursday, May 9, 2024 3:10:41 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: Kathy Mieske
Sent: Sunday, May 5, 2024 9:42
To: Community Relations <[email protected]> Subject: Outdoor eating
Hello,
I hope you people at the city are listening to what the public wants. The outdoor eating areas are necessary and essential for the restaurants. The owners have invested their money into these areas and are still struggling to recover from the pandemic.

We don't need more empty business along the Paseo.

Give these restaurant owners a break and revisit in 2 years.

Thank you.

Hank and Kathy
, Palm Desert
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559
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Sidewalk dining
Date: Thursday, May 9, 2024 3:10:24 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: James Jones
Sent: Monday, May 6, 2024 13:19
To: Community Relations <[email protected]> Subject: Sidewalk dining
Dear City Managers:

Having dinner on the El Paseo last evening, we were told that the city will begin permitting outdoor dining, (after first removing the structures that protect us from the moronic drivers and motorcycles on that street,) then upon permitting they can be rebuilt. This is too early to go back to business as usual….covid and rsv are not gone and you can bet that another virulent virus will emerge to bite us all again.

Restaurants with outdoor dining and takeout saved the El Paseo over that last three years.

They generated a great deal of revenue when most shops were closed. Now you want to punish those same restaurants (actually even unfairly discriminate) with very expensive permitting and the cost of tearing out and replacing some very nice structures that added great detail to the El Paseo. This is very poor treatment to mostly small business owners who struggled to make ends meet daily during covid. They are an asset to our community and deserve better.

I suggest Palm Desert place a moratorium on this permitting scheme for two years while we determine if covid is really gone and pandemics are no longer a threat. Keep the revenue coming in for the Restaurants so they can catch up and prepare for a process that will have a dramatic impact on their business.
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561
From: Ryland Penta
To: CouncilMeeting Comments
Subject: Fw: Outdoor Dining Deck Program
Date: Thursday, May 9, 2024 3:10:15 PM
Attachments: pdlogo e8fc6661-d5ed-470d-b1e5-b34884233d29.png icecreamwiththemayorbanner 2fd8f88e-cd95-4bbc-8225-d1a5304b56e8.png Ryland Penta, MSc
Community Relations Supervisor
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6318 | www.palmdesert.gov From: OWEN WHITEHALL
Sent: Wednesday, May 8, 2024 13:09
To: Community Relations <[email protected]> Cc:

Subject: Outdoor Dining Deck Program
Hello, my name is Owen Whitehall. My wife and I own a property in Palm Desert and spend the winter and spring here. We love this city and all that it has to offer. It's truly a unique place and has earned the accolades it receives.

We like many others enjoy El Paseo for its shops and restaurants. We eat out at least 3-4 times a week and typically it will be at one of the locations on El Paseo. The one good thing that came from the COVID days is the outdoor dining patios/decks that many businesses installed.

Given the weather here in the desert, it truly improved many of these businesses and added capacity for them as well.

We have gotten to know many of the owners/managers of these restaurants here in PD. We share their concerns on the timing and costs associated with your proposed changes. In addition, we understand there is a proposal to pave El Paseo, which seems unnecessary given the condition of the roadway.

It would only seem prudent to delay both of these programs until a better plan is in place, more information obtained and a fair amount of notice to allow businesses to budget and plan for such programs.

Sincerely,
Owen Whitehall
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Lucero Leyva, Senior Project Manager
REQUEST: REQUEST FOR DIRECTION ON PROJECT CST00002 WALK AND ROLL PD (PHASE 3)
RECOMMENDATION:

Provide direction on Project CST00002 – Walk and Roll PD (Phase 3) scope of work and approve staff recommendations as outlined in the staff report.

BACKGROUND/ANALYSIS:

On March 23, 2023, the City Council approved the Walk and Roll PD Implementation Plan, which categorized the project into three major phases:
 Phase 1 – Addition of Shared Lane Markings “Sharrows”  Phase 2 – Additional Bike Lanes
 Phase 3 – Additional Sidewalk and Crosswalks
Phase 3 improvements focus on the addition of sidewalks and crosswalks on streets like De Anza Way, Catalina Way, San Gorgonio Way, San Pascual Avenue, Fairhaven Avenue, and San Juan Drive. Walk and Roll is a program that adds sidewalks and bike lanes for better connectivity.

Community Engagement Feedback:

Michael Baker International, Inc. (MBI), the city’s design consultant for this project, was able to create alternative design options for most of the streets listed above. Staff organized and held four community engagement events to better inform the final design and scope of work for this project. The majority of the meetings were held at on-site locations that would make it easily accessible for residents to provide input.
 February 29th at Council Chambers
 April 9th at 43822 Fairhaven Drive at Vista Bonita
 April 10th at 73750 Catalina Way, Outside the Joslyn Center  April 16th at 44550 San Carlos Avenue, Palma Village Park Overall, staff estimates about 60+ residents participated in our outreach efforts. Below is a summary of the top recommendations and preferences expressed by the majority of those in attendance:
 Remove San Juan Drive sidewalk from the scope of work  Return affected areas to original/similar conditions (i.e. if the city removes fences in R/W, the city will install a similar fence type alongside the sidewalk) 565
City of Palm Desert
(Request for Direction – Walk and Roll Phase 3)

Page 2 of 2 ends

 Protect on-street parking
 Consider the addition of traffic calming measures
Staff Recommendations:

Based on the community feedback received and staff analysis, staff is requesting City Council approve the following recommendations regarding the Walk and Roll PD project:
 Proceed with the Walk and Roll PD project with the following considerations:
o Exclude the addition of sidewalks on San Juan Drive
o Coordinate the reinstallation of fences/landscaping where needed o Evaluate and include traffic calming measures where possible, to include but is not limited to:
 Narrow the streets
 Speed Cushions (temporary measure)
 Speed Feedback Signs
 Stop Signs (Stop Warrant Analysis)
 Rapid Flashing Beacons at Crosswalks
Staff plans to communicate the final design with residents before beginning construction, at a later date.

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

The Walk and Roll PD project is included in the Fiscal Year 2023-2024 through 2024-2025 budgets as shown in the table below. Measure A Fund is the source of this project; therefore, there is no financial impact to the City’s general fund.

Funds Account Fiscal Year Budget Expenditures Balance
Measure A* 2134633-5000103
FY 23/2024 $ 2,291,223 $ 427,227 $ 1,919,424
FY 24/2025 $ 2,500,000 - -
Total $ 4,791,223 $ 427,227 $ 4,363,996
*Staff is actively pursuing grant funding opportunities.

ATTACHMENTS:

1. ATP Letter – April Meetings
566

C I T Y O F P A L M D E S E R T
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-0611
[email protected]
Dear Residents,
As a part of our ongoing efforts to enhance our community's active transportation infrastructure, we invite you to participate in upcoming community engagement events taking place in your neighborhood regarding the City’s Walk & Roll project. This project aims to create safer and more accessible sidewalks throughout Palm Desert, aligning with the objectives in the City's General Plan.

The following streets have been identified for improvement:
• San Juan Drive & Fairhaven Drive from Parkview to Fred Waring • San Gorgonio Way from Monterey to San Pablo
• De Anza Way from San Pablo to Portola
• Catalina Way from San Pablo to Portola
• San Pascual Avenue from Alessandro to Fred Waring
These improvements will require changes to the public right-of-way, including the removal of landscaping and fencing and/or modifications to the on-street parking. To ensure that all affected residents are well-informed and have scheduled opportunities for you to provide input, in your neighborhood. We encourage you to join us at one of the following times and locations:

Date: April 9th
Time: 6:00 p.m.

Location: 43822 Fairhaven Dr at Vista Bonita
Date: April 10th
Time: 6:00 p.m.

Location: 73750 Catalina Way, Outside the Joslyn Center Date: April 16th
Time: 6:00 p.m.

Location: 44550 San Carlos Ave, Palma Village Park
If you cannot attend the meeting in your area, feel free to attend any of the other two meetings. During these events, city staff will provide detailed information about the project and its potential impacts. Your participation and feedback are crucial in ensuring that the project's design and implementation reflect the needs and preferences of our community.

If you have any questions or need further assistance, please don't hesitate to contact Lucero Leyva, Project Manager for the City of Palm Desert, at [email protected]. You’re also welcome to leave feedback on the active transportation page on www.EngagePalmDesert.com. Thank you for your attention to this matter. We look forward to seeing you at the upcoming community events.

Sincerely,
Ryland Penta
Community Relations Supervisor
City of Palm Desert
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Page 1 of 2 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: REQUEST FOR DIRECTION ON THE PALM DESERT COMMUNITY

GALLERY
RECOMMENDATION:

Provide staff with direction on the Palm Desert Community Gallery located in the North Wing Building at Palm Desert City Hall.

BACKGROUND/ANALYSIS:

With Visitors Services relocating to the new Library in July, staff is requesting direction as to if the North Wing building should remain a public art gallery. The Palm Desert Community Gallery has been in operation for over 25 years, serving as the home to rotating art exhibitions for local artists and the annual Student Art and Essay Contest. The gallery went on hiatus in March of 2020 due to the COVID pandemic and reopened in August 2023. In November 2023, Palm Desert’s historic timeline was wrapped on the walls in the gallery where it has remained due to its visual value for those coming to get information on Palm Desert and the surrounding area from Visitors Services staff.

With Visitors Services relocating to the Library, the North Wing building will see minimal foot traffic as it will only remain open to those doing business with the Finance and Housing Departments and attending meetings in the North Wing Conference Room. Given the extensive staff time that it takes to curate the community gallery (i.e. release an annual Call for Artists, review proposals with the Cultural Arts Committee, coordinate a schedule of exhibitions with selected artists, hang the exhibitions, host receptions, etc.), together with the fact that the Student Art and Essay Contest will now be exhibiting at UCR Palm Desert Center in future years given that the awards ceremony has outgrown City Hall and the Council Chamber, staff sees benefit in ceasing gallery operations at City Hall.

Therefore, staff is seeking direction on one of the following options related to the Palm Desert Community Gallery:

1. Continue operation of the Community Gallery.

2. Cease operation of the Community Gallery and keep the historic timeline up.

3. Cease operation of the Community Gallery and place other permanent artwork to be determined (e.g. photographs of wildflowers and other desert scenes).

4. Cease operation of the Community Gallery and place Desert Spirit by John Richen and other permanent artwork.

If option four is selected, staff recommends placement of the artwork entitled Desert Spirit by artist John Richen that was accepted for donation by the City Council in July of 2022 for 569
City of Palm Desert
Request for Direction on the Palm Desert Community Gallery

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placement at City Hall. The artwork is made of stainless steel and bronze, measures 42” wide x 72” tall, and has an approximate value of $32,500.00 to $35,000.00. The artwork was originally going to be installed in the Development Services lobby after its renovation; however, since there are two walls that require artwork in that lobby, a decision was made to release a call for artists to commission two similar artworks (that project is currently underway).

Legal Review:

This report has been reviewed by the City Attorney’s office.

FINANCIAL IMPACT:

Funding to maintain the Palm Desert Community Gallery does not impact the General Fund as it is paid for from the Public Art Budget. The approximate cost per year is about $1,500. If the option for permanent artwork is selected, staff estimates costs could range from $2,000 to $5,000, inclusive of installation, depending on the type of art.

ATTACHMENTS:

1. Photos of Desert Spirit by artist John Richen
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: May 23, 2024
PREPARED BY: Erica Powell, Management Analyst
REQUEST: APPROVE A TWO-YEAR EXTENSION TO THE PALM DESERT POET

LAUREATE AGREEMENT
RECOMMENDATION:

Approve a two-year extension to the Palm Desert Poet Laureate Agreement with Lori Davis.

BACKGROUND/ANALYSIS:

At its regular meeting of March 9, 2023, the City Council appointed Mayor Quintanilla and Mayor Pro Tem Harnik to a subcommittee to form a selection process for a City Poet Laureate. This honorary position was created to uplift the artistic achievement of the City of Palm Desert through active participation in ceremonial, educational, and community activities.

After a four month long competitive application and performance process which included selection by a qualified panel, at its regular meeting of September 14, 2023, the City Council unanimously appointed Palm Desert resident Lori Davis as the City’s Poet Laureate for a oneyear term from October 1, 2023, through September 30, 2024.

Since her appointment, Ms. Davis has successfully completed four (4) of the six (6) duties under the scope of work:
 Recited an original poem for the City of Palm Desert’s 50th Anniversary Celebration on November 18, 2023
 Performed a reading at the City’s Veteran’s Day Ceremony on November 11, 2023  Selected and is mentoring a junior poet laureate
 Proposed and executed a successful poetry workshop and reading at the Palm Desert Library on April 8, 2024
The two remaining events under the scope of work are to perform readings at the following events:
 State of the City on June 25, 2024
 Independence Day Celebration on July 4, 2024
In addition to her current scope of work, Ms. Davis has proposed to build community programming for poets and writers by offering the following:
 Monthly workshops from November through April
 Open mic evenings
 Youth programming: 2-3 events from November through April  Poetry projection on buildings for City events
 Public poetry at the Civic Center Park
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City of Palm Desert
Approve Two (2) Year Extension for City of Palm Desert Poet Laureate

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 Holding an event for National Poetry Month
With the successful program development of the current Poet Laureate, recent selection and mentoring of a junior laureate and more community programming, staff is recommending a two (2) year extension to the agreement with Lori Davis to serve as Palm Desert’s Poet Laureate.

If this extension is approved, prior to the end of Ms. Davis’ agreement in September 2026, staff will request direction from the City Council as to if they would like to continue the program and if so, another call for nominations will be sent out.

FINANCIAL IMPACT:

If approved, Ms. Davis would continue to receive an annual honorarium of $3,500, paid quarterly, as well as mileage expenses to and from events. Funds have been requested as part of the FY 2024/2025 Public Art Budget – Account No. 4364650-4309200.

ATTACHMENTS:

1. Call for Nominations 2023-2024 Poet Laureate

2. Lori Davis’ Application

3. Palm Desert – City of Warmth and Light by Lori Davis 578
City of Palm Desert
Poet Laureate
Call for Nominations
(DEADLINE FOR ENTRIES – June 30, 2023)
STATEMENT OF PURPOSE:

The City of Palm Desert is accepting nominations for the position of Palm Desert Poet Laureate for the 2023-2024 term. The appointed Laureate shall:
• Uplift the artistic achievement of the City and local communities through active participation in ceremonial, educational, and/or community activities. • Raise awareness of the power and beauty of poetry.
• Provide access to poetry, spoken word and the literary arts within the City of Palm Desert.
• Encourage community members to develop their own creative interests.

ABOUT THE POSITION:

The Poet Laureate for the City of Palm Desert is an honorary position. The Laureate serves a one-year term from October 2023 – September 2024.

The City will award the Poet Laureate an annual honorarium of $3,500 to encompass all civic and official work performed or produced in the position. The Laureate may also be offered reimbursement of mileage expenses.

ELIGIBILITY:

Any organization or member of the Palm Desert community may nominate a poet, selfnominations are welcome.

Candidates must:
• Be at least 18 years of age.
• Be a resident of Palm Desert for at least one (1) year. • Be a primary Palm Desert resident during the appointment term. • Demonstrate publication of poems, via print or online platforms, including social media.
• Demonstrate a connection and/or commitment to the literary community. • Demonstrate excellence in promoting awareness or enjoyment of poetry by special awards, honors, or recognition.
• Understand and embrace the City’s culture and history with a strong interest in serving and being a representative of the City.
• Demonstrate the ability to engage audiences.
• Be able and willing to travel between locations around the city. 579
May 2023 – Poet Laureate
Call for Nominations

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EXPECTATIONS:

In addition to the Statement of Purpose, the Poet Laureate shall be expected to perform the following duties:

Ceremonial:

The Poet Laureate will participate in at least five (5) civic functions, including but not limited to the following:
• Veterans Day observed event, November 11, 2023
• State of the City, date TBD in 2024
• Independence Day Celebration, July 4, 2024
Additionally, the Poet Laureate shall aim to create a City poem that will be read at the City of Palm Desert’s 50th Anniversary Celebration on November 18, 2023, and published on the City’s website.

Educational:

The Poet Laureate shall select and mentor a junior poet laureate from a Palm Desert local elementary, middle, or high school.

Community:

The Poet Laureate shall propose and execute at least one (1) community outreach event during their term, to make poetry available and accessible to people in their everyday lives.

Communication:

The Poet Laureate shall:
• Work with City staff to develop and produce online and social media communications.
• Provide regular updates to the Cultural Arts Committee, including where and when presentations take place.
• End of Term Summary: Summarize her/his impressions and experiences during their term as Poet Laureate (including workshops, readings, judging of competitions, publication, etc.) to help the City of Palm Desert improve, adjust or adapt the parameters of the position and/or the appointment process.

NOMINATION SUBMISSION MATERIALS:

Nominations should demonstrate the nominee’s artistic accomplishments, a history of community involvement, and a vision for the program during his/her term. Eligible candidates can be nominated for the position by submitting the following:
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Call for Nominations

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• A letter of nomination describing, in 500 words or less, why you feel you (or the person you are nominating) are the most appropriate candidate for the City of Palm Desert Poet Laureate.
• Three original works of poetry by the nominee.
• The nominee’s current resume or CV.
• A current list of publications and any teaching experience. • Any relevant social media handles and/or website.
• Poet Laureate candidate information including address, phone number, and email address. If nominating, please include your contact information.

REVIEW CRITERIA AND PROCESS:

Submissions are reviewed by the Poet Laureate Jury Panel. The Jury Panel will consist of the City Council Cultural Arts Committee Liaison, the Chair of the Cultural Arts Committee, a representative of the Palm Desert Public Library, a representative from the Creative Writing and Writing for the Performing Arts Committee at UCR Palm Desert Center, a member from the creative community, as well as a member of the English department at College of the Desert. The panel will select three top candidates based upon the following criteria:
• Artistic merit, including publication history.
• Quality of work/creative excellence, including aural facility. • Community commitment to cultural life and literary community. • Ability of effectively inspire and engage others.

The Poet Laureate shall be appointed by the Palm Desert City Council based upon the recommendation of the Poet Laureate Jury Panel.

TIMELINE:

The following dates represent the schedule that will be followed. The City reserves the right, at its sole discretion, to adjust this schedule, as it deems necessary.

May 8, 2023 Call for Submissions released
June 30, 2023 Deadline to apply.

July 2023 Review of applications
August 2023 Interviews for final candidates
September 14, 2023 Recommendation to City Council
September 2023 Contracting
October 2023 City Poet Laureate term begins
October 2024 City Poet Laureate term ends
Completed applications must be submitted by Friday, June 30, 2023, at 11:59 p.m. PST 581
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Call for Nominations

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Nominations may be submitted online (http://www.palmdesert.gov/connect/poet-laureate), by email to [email protected] or mailed to the address below. Materials will not be returned. Online applications are strongly encouraged.

City of Palm Desert
C/O Poet Laureate Jury Panel
Attn: Erica Powell
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
INFORMATION:

For more information, please contact Erica Powell, Management Analyst, at [email protected] or (760) 776-6346.
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LORI DAVIS
Palm Desert, CA
Writer, Educator, Designer
MFA in Creative Writing 〡 20+ Years in Education 〡 Avid Graphic Designer As a highly experienced and motivated educator and designer, I am attracted to the intersection where creativity and authentic solutions meet. My professional experiences have given me a deep understanding of a variety of communities and exigencies, including both youth and adult demographics. I take pride in meticulously designing effective learning and marketing solutions by focusing on engagement, available technologies, ease-of-use, and visual appeal – always with an equitable, human-centered approach in mind.

As an employee, I am a good fit where operational and educational best practices are expected and honored, and clearly make a difference in the lives of those being served.

TECHNICAL PROFICIENCIES
Canva〡Microsoft Office Suite〡Google Workspace〡Google Classroom LMS〡Canvas LMS〡Miro Adobe Premiere〡Powtoons〡Trello〡Screencastify〡Schoology〡Socrative〡Formative〡Loom

PROFESSIONAL EXPERIENCE
CREATE Center for the Arts | Palm Desert, California 2022 - 2023 Marketing & Development, Programming
● Social media content and email marketing development and strategies ● Designed monthly newsletter
● Programing events, workshops, and high school intern program ● Fundraising, grant writing
Xavier College Preparatory High School | Palm Desert, California 2007 – 2022 English Teacher | Grades 9-12 | English Department Chair ● Broad experience in face-to-face, blended, hybrid, synchronous, and asynchronous learning modalities ● Regularly applied learner-centered, evidence-based learning theory to course design ● Delivered lessons and modules via learning management systems (Canvas LMS, Google Classroom) ● Measured and evaluated student achievement based on learning objectives ● Adapted instructional materials to meet varied needs, including students with learning, medical, and psychological accommodations
● Developed a “dual enrollment” creative writing college course for Saint Louis University ● Ongoing diversity and SEL training
● Facilitated “ShookFoil Poetry Reading Series & Open Mic” for 14 years.

California Association of Teachers of English (CATE) Conferences 2019 and 2020 Conference Presenter/Speaker
● Voices Of Literacy In Pursuit Of Human Rights - San Francisco ● LA Confidential: Investigating Teaching, Texts, & Truths - Los Angeles Writers in the Schools (WITS), University of California, Riverside | California 2007 Curriculum Designer | Adult Trainer
● Trainer for professional writers hired to teach in Coachella Valley schools ● Created the training program, handbook, and workshops ● Presented learning styles and strategies for incorporation into lesson plans ● Managed the partnerships between the WITS writers and classroom teachers 583 Gneiss Poetry Series | Palm Desert, California 2001 – 2007 Poetry Reading Series Host and Organizer
● Organized and hosted the monthly reading series featuring nationally known poets ● Provided local poets a venue to share their work in the open mic Palm Springs Desert Museum | Palm Springs, California 2004 – 2005 Poetry Reading Series Host and Organizer
Organized and hosted the monthly reading series featuring regional and nationally known poets Tools for Tomorrow | Coachella Valley, California 2002 – 2004 Curriculum Designer
● Developed creative writing curriculum for the after school arts program ● Served on the advisory committee and the board of directors ● Edited yearly writing and art anthology for multiple elementary schools ● Designed monthly newsletter

EDUCATION AND CERTIFICATIONS
University of California, Riverside - Palm Desert Center | Palm Desert, California 2012 Master of Fine Arts in Creative Writing - Poetry
Cross Genre: Creative Nonfiction
California State University, Long Beach | Long Beach, California 1985 Bachelor of Arts - Radio / Television / Film
Additional Art Courses:

Fundamentals of Art
Color Theory
Two-Dimensional Designs
Three-Dimensional Forms
Drawing / Life Drawing
Teaching Credential: Clear California Multiple Subject K - 12 | State of California State of California Commission on Teaching Credentialing ID Document #: 070326340
District Teacher Intern Program | Los Angeles Unified School District MBSR - Mindfulness Based Stress Reduction Certification | Mindful Leader - October 2022

ADDITIONAL EXPERIENCES
● Guest poet at University of California, Los Angeles Extension Classes ● Organized and hosted the Poetry Stage at the Palm Springs Book Festival in 2006 and 2007 ● Facilitated writing and poetry workshops and readings for The Braille Institute, Indio Senior Center, Coachella Valley Cultural Center & Museum, Palm Springs Art Museum, PEN America, and local events ● National poetry publications include: Salt Hill, Atlanta Review, Green Mountains Review, Laurel Review ● Studied poetry in Prague, Czech Republic and Inuit poetry in Ilulissat, Greenland ● Published Poetry Chapbook: White Dime, Caernarvon Press, San Diego ● Squaw Valley Community of Writers Poetry Workshop
● Yearly attendance at the Associated Writers Program (AWP) National Conference 584
Lori Davis, Poet - Acknowledgements
List of publications in which these poems, or versions of them, have appeared:

Atlanta Review (Atlanta, GA): “After the Diagnosis”
Cider Press Review (San Diego, CA): “White Dime”
Cimmarron Review (Oklahoma State University): “The Woodcutter” Cream City Review (University of Wisconsin): “Telling: Another Way of Saying,” “Dandelion,” “The Stranger Experiment”
Hayden’s Ferry Review (Arizona State University): “Caring For Your Spider Plant” Mosaic (University of Manitoba): “It Was the Earth’s Fault the House Caved” Salt Hill (Syracuse University): “Oceanography”
The Laurel Review (Missouri State University): “Trickle Irrigation System,” “User Assumes All Risk” Green Mountains Review (Northern Vermont University): “We Take Turns Telling Each Other What to Do” Inlandia Anthology (Heyday Books): “A Good Cry,” “Ambiance Report: 8:30 AM Off the I-10” Blue Arc West, California Poets (Tebot Bach): “On a Scale Between 1 and 10 (10 Being Best)” Poetry Chapbooks
Opals & Oranges, Gneiss Poetry Press, Palm Desert
White Dime, Caernarvon Press, San Diego
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6/12/23, 1:18 PM Poet Laureate Application 2023
Poet Laureate Application 2023
Submitted by: Anonymous user
Submitted time: Jun 11, 2023, 10:44:23 PM
Poet Name:

Lori Davis
Poet Email Address:

Poet's Social Media Links: (if applicable)
Instagram: https://www.instagram.com/sorestedshe/
Facebook: https://www.facebook.com/lori.n.davis.5/ (many poetry-related entries) Poet Phone Number:

Poet Address:

Palm Desert, CA, 92260, USA
Eligibility:

At least 18 years of age.

Resident of Palm Desert for at least one (1) year.

Ability to remain a resident during the term of October 2023 - September 2024 Letter of Nomination
Please upload a minimum of 3 poems: (maximum of 5)
Please upload a current Resume or Curriculum Vitae (CV):

Candidate Letter for Poet Laureate 2023.pdf

72.1KB PDF

55.1KB PDF

23.3KB PDF

73.1KB PDF

56.5KB PDF

61.1KB PDF
Lori Davis - Resume 2023.pdf

95.8KB PDF
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Please provide an overview of publication history:

Commitment to the literary community:

In 2003, I selfishly started a poetry reading series and open mic event as a way to bring interesting writers to me when I moved here. We held the first events at La Gourmandise at the Gardens on El Paseo. Then moved to Augusta Restaurant's penthouse. Eventually, we landed at UC Riverside - PD campus. The events featured local and nationally known poets and were well attended (by most poetry standards). After hosting readings, book fairs, and teaching poetry workshops at many valley institutions and schools, I realized I had a developed a personal poetry mission statement: to create ways to get people to run toward poetry, instead of away! This is still actively my passion. My most recent series has been at Xavier Prep, 15 years running.

City culture and interest:

I have happily lived in Palm Desert for 27 years. I raised my two children and established my professional, creative, and academic life here. As a Southern California native, I have lived in and visited many beautiful places, but I have always felt a sense of home here in the desert. The snowy mountains surrounding us, the wide vistas, the enduring influence of the Cahuilla Indians, the deep afternoon shadows, and the warm evenings all contribute to a more meaningful and peaceful lifestyle. We have so much to enjoy in this area: beautiful parks, public art, higher education, sports, world class resorts, shopping and dining, theaters, etc. Our cultural offerings are always expanding! Championing poetry over the years has been my small attempt to add to the cultural richness of our city. I appreciate the way Palm Desert grows and changes. I like that more people are living here year round and taking advantage of the full community calendar. It's time for more poetry to be offered!
Lori Davis - Acknowledgements - Publications.pdf

79.5KB PDF
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Candidate for the City of Palm Desert’s Poet Laureate 2023 June 11, 2023
Dear Poet Laureate Jury Panel,
I am grateful for this opportunity to apply for the position of Palm Desert’s inaugural Poet Laureate. This city has always been committed to many forms of art, and I am delighted poetry will be added to the list this year. I am applying because I see this role as an expanded platform and a rare opportunity to continue the work I have been doing in Palm Desert and the wider valley for 20 years. In addition to being a poet and getting my MFA in Poetry at the University of California Riverside - Palm Desert, I realized early on that poetry needs every advocate it can get. It has been a strong passion of mine to bring poetry to all ages in a way that makes them lean in, rather than turn up their noses. Readings, workshops, book festivals, open mics, critique groups, etc. One highlight was bringing former U.S. Poet Laureate, Billy Collins to Xavier College Preparatory High School for our Summit on Human Dignity. The theme was literacy and he gave a memorable public reading. The list of regional and nationally-known poets who have visited the valley is actually quite long! The position’s title, Poet Laureate, brings with it a legitimacy and sense of importance that will elevate poetry in the eyes of some of our community members. For many of us, the way we learned poetry in school was to analyze, decipher, plot rhyme schemes. No wonder the poetry section at Barnes & Noble is one small shelf, back by the bathroom! When we really take a moment to contemplate it, poetry is simply the artful exchange of emotion from the poet to the reader. It is a profound, concentrated, underrated way to communicate. Over the years, I have seen all levels of writers, ages 8 - 88, benefit from having their heart, soul, and voice heard in this way. We can turn to poetry for help in understanding our human condition. I am really encouraged that poetry will now be embedded in Palm Desert’s cultural plan and amplify the creativity of the city’s residents in this way. Bravo!
Sincerely,
Lori Davis
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A Good Cry
Climate is what you expect, weather is what you get.

Robert Heinlein
Days like this are unlikely; unheard of, actually.

The dunes didn't dissolve because of record rains.

They muddied into a mobile spackle on purpose,
as varnish for a lackluster system. In the flood water, I see a formula where some might see a sky
floating by on its back or a puddle lit from underneath.

The arroyos are unabridged; this storm is incomplete.

The wash will soon be full of monkey flowers
and sand bells. A flute of Russian thistle.

Each seed has a long climb inside it
and rainbows are not as portable as they appear.

The barrel cactus is finished fasting inside itself,
overwhelmed by the slant of unending rain,
the abundance, this staggering convenience.

Lori Davis
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Alt Whitman
I've been the clown. And I've been his washcloth.

I've been the botched opera. And I've been likewise ungovernable...

Revive my words and I will spill the unedited details you crave. Except for a flyswatter, you won't need a weapon...

Hallelujah for jet propulsion.

Hallelujah for a jigsaw puzzle’s perimeter
Hallelujah for the manufacturer of trash compactors.

My house is built in mid-century hollow Easter Bunny architecture. Why did only one branch of the ocotillo green this season? Twenty others stand brittle, bare.

These trees are full of birds I can't begin to name, and still, I am content being the least indigenous thing in this landscape...

Let's make a bet: which cloud is about to open up and bathe the birds? ...not the one shaped like a scythe,
...not the gray one either...it’s only wind-smeared smoke.

My house is all dead bolts and peep holes and every poem is an ice-filled blister.

Blue, brown, green…the palette of our globe minus every blooming rose declaring its existence.

For the moment…but not for very long, every dish I own is clean. 590
Telling: Another Way of Saying
Every time a man unburdens his heart to a stranger...

Germaine Greer
What I suggested: Let's go over God and the universe one more time.

What I meant to say: Undercurrents are the fluid part of the same conclusion.

What I almost forgot to say: Air has no landmarks to prove we passed this way.

What you reassured me: From the sky we look down into the face of our lives.

What you admitted: I am a long distance swimmer in that river.

What I heard you say: I want to be the longest distance you've ever traveled.

What I think I told you: You feel like the part of a river that remains unfrozen.

What you heard me say: Don't be afraid. Where we are going, there is no water, only everlasting ice.

What we didn't say: Everything seems to describe the need to.

What you said instead: Every emergency exit has two reasons.

What I think you meant: Unlocked, I understand your math. 591
We Take Turns Telling Each Other
What To Do
you told me to find a cedar tree
and touch it
I said find a dandelion
and sleep with it as intact as possible under your pillow tonight you know I will search for the cedar tree
it takes on importance
then you said find a forest fire
and touch it
this is the engrossing part of us
you know I will feel like touching it
I said grow your beard
because I think you had one the day we met
you said go find the day we met
and don’t touch it
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Palm Desert City CouncilMay 23, 2024

Palm Desert City Council
May 23, 2024