Indio City Council
April 20, 2022

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 128 of 1319 INDIO LRSP 2021
34 7.6.4 Young/Aging Drivers
An evaluation of the age of drivers is completed by using the Party 1 age, as this is typically referenced as the person at fault in a collision. Young drivers are identified as those ages 24 and under. Aging drivers are identified as person 65 years and older. During the study period (2015- 2020), 22.8% of collisions (685) involved young drivers, and 8.5% of collisions (254) involved aging drivers.

7.7 Initial Findings

7.7.1 Top Collision Locations
Through the initial collision and network screening analysis, an initial ranking of locations of interest was developed. The intersections and roadway segments by sub-population are identified in Table 6. Locations were only considered if they had three or more collisions to be statistically relevant.

A complete table of collision analysis for intersections and segments can be found in Appendix C.

Table 5 – Top Collision Locations – Intersections
Intersection Collisions TEV Local CCR
Differential1 EPDO2 Fatal Serious
Injury
Other
Visible
Injury
Complaint
of Pain PDO
Signalized Intersections `
Ave 48 - Jefferson St 49 19,318 1.0 522 2 0 4 21 22
Jefferson St - Miles Ave 48 14,600 1.4 492 0 2 1 21 24
Ave 48 - Calhoun St 44 12,731 1.4 343 0 1 5 17 21
Jefferson St - Fred Waring Dr 36 56,248 0.0 116 0 0 3 10 23 Ave 44 - Jackson St 34 15,254 0.8 279 0 1 1 14 18
Monroe St - I-10 EB 32 35,092 0.1 489 0 2 5 16 9
Monroe St - Doctor Carreon Bl 28 22,334 0.3 589 0 3 3 8 14 Jefferson St - Old Hwy 111 26 65,852 -0.1 120 0 0 6 7 13 Highway 111 - Monroe St 26 12,938 0.66 434 0 2 1 14 9
Jackson St - Doctor Carreon Bl 25 15,344 0.47 109 0 0 6 5 14 Unsignalized Intersections
Indio Bl & Ave 44 33 39,320 0.4 33 0 0 3 17 13
Highway 111 & Calhoun St 24 14,218 0.8 24 0 0 3 8 13
Calhoun St & Taurus Ave 9 15,576 0.2 9 2 0 0 3 4
Ave 48 & Heifitz Dr 8 14,512 0.2 8 0 0 2 5 1
Highway 111 & Shopping Center
w of Madison St 8 27,950 0.1 8 0 0 1 2 5
Indio Bl & Maple St 8 29,672 0.1 8 0 0 1 1 6
Monroe St & Alley n/o Avenida
del Mar 8 21,459 0.1 8 0 1 3 3 1
Indio Bl & Sun Gold St 8 22,048 0.1 8 1 1 1 2 3
Fargo St & Requa Ave 7 18,807 0.1 7 0 0 2 1 4
Indio Blvd & Palm St 7 22,048 0.1 7 0 0 1 1 5

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35 1. Local Critical Collision Rate Differential

2. Equivalent Property Damage Only Collisions
Table 6 – Top Collision Locations – Segments
Facility Limits Collisio
ns ADT
Local
CCR
Differential1
EPDO2 Fatal Serious
Injury
Other
Visible
Injury
Complaint
of Pain PDO
Other Principal Arterial
Highway 111 Madison St -
Clinton St 11 27,950 0.2 36 0 0 1 3 7
Highway 111 Jefferson St -
Jackalope Trail 6 32,926 0.0 16 0 0 0 2 4
Jefferson St Fred Waring Dr -
Independence Way 5 28,124 0.1 25 0 0 0 4 1
Highway 111 Las Palmas Dr -
Granada Dr 5 8,529 0.8 20 0 0 1 1 3
Highway 111 Granada Dr -
Clinton St 5 18,491 0.2 194 1 0 1 3 0
Jefferson St Miles Ave -
Pebble Beach Dr 3 7,300 0.3 181 1 0 1 1 0
Highway 111 Rubidoux St -
Arabia St 3 6,469 0.5 167 0 1 0 0 2
Highway 111 Monroe St -
Las Palmas Rd 3 6,469 0.5 13 0 0 0 2 1
Indio Blvd Van Buren St -
Ave 48 3 24,388 -0.17 167 0 1 0 0 2
Highway 111 Shields Rd -
Younge Ln 3 27,950 -0.10 8 0 0 0 1 2
Minor Arterial
Monroe St 43rd Ave -
Oleander Ave 8 17,900 0.9 187 0 1 0 3 4
Dr. Carreon
Blvd
Monroe St -
Cheyenne Rd 8 11,167 0.9 38 0 0 0 6 2
Ave 42 Monroe St -
Spectrum St 6 5,748 0.7 36 0 0 2 2 2
Monroe St Doctor Carreon BlBella Gate 6 11,167 0.5 195 1 0 1 3 1 Monroe St Date Ave -
Doctor Carreon Bl 5 11,167 0.5 179 0 1 0 2 2
Ave 42 Burr St -
Madison St 4 10,608 0.2 19 0 0 0 3 1
Jackson St Ave 44 -
Kenner Ave 4 7,627 0.6 9 0 0 0 1 3
Ave 48 Monroe St -
Desert Grove Dr 4 9,197 1.3 168 0 1 0 0 3
Jefferson St Derek Alan Dr -
Ave 50 4 41,124 0.0 23 0 0 2 0 2
Jackson St Ave 42 -
Atlantic Ave 3 7,363 0.4 13 0 0 0 2 1
Major Collector
Ave 42 Jackson St -
Collection Dr 10 7,363 0.3 10 0 0 1 0 9
Varner Rd Adams St -
Fifties Way 5 35,539 0.0 5 0 1 2 1 1
Adams St 39th Ave -
Ave 40 4 6,812 0.3 4 0 0 2 0 2
Ave 40 Varner Rd -
Adams St 4 6,812 0.3 4 0 0 1 0 3
Miles Ave Heritage Palms Dr S -
Madison St 4 7,300 0.3 4 0 0 0 1 3
Jefferson St 40th Ave -
Sun City Blvd 3 2,384 1.0 3 0 0 1 0 2

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36 1. Local Critical Collision Rate Differential

2. Equivalent Property Damage Only Collisions

7.8 Statewide Comparison
Due to the availability of data, a comparison of collision data to the State averages could only be conducted for data from 2015-2018. These numbers may vary slightly from those mentioned previously, due to the differences in the years of the study period. The following are areas where Indio’s collision rates are higher or lower than those of the State. These numbers specifically compare the proportion of fatal and serious injury collisions that have the characteristics listed in Table 7.

Table 7 – Comparison of Statewide and Indio Collisions (2015-2018) Challenge Area Statewide % Indio % Percentage Difference Indio has a Higher Percentage of Collisions
Young Drivers 13.6% 15% 1.4%
Intersections 23.6% 24.8% 1.2%
Distracted Driving 5.2% 6.4% 1.2%
Commercial Vehicles 6.4% 6.8% 0.4%
Indio has a Lower Percentage of Collisions
Work Zones 1.5% 1.3% -0.2%
Aging Drivers 11.9% 10.70% -1.2%
Occupant Protection 14.8% 12.80% -2.0%
Bicyclists 8.4% 6.40% -2.0%
Impaired Driving 25.8% 23.50% -2.3%
Lane Departure 43.7% 36.80% -6.9%
Motorcyclists 20.8% 13.20% -7.6%
Aggressive Driving 33.2% 21.40% -11.8%
Jackson St Generations Dr -
Ave 42 3 7,363 0.9 3 0 0 0 1 2
Rubidoux St Requa Ave -
Highway 111 3 6,469 0.5 3 0 0 1 0 2
Jefferson St 39th Ave -
Shadow Hills HS 2 4,100 0.3 2 0 0 1 1 0
Jefferson St Shadow Hills HS -
Ave 40 2 2,384 0.8 2 0 0 0 1 1
Local
Francis Ave Swingle Ave -
Clinton St 4 6,761 0.78 4 0 0 0 0 4
Valencia Ave Sun Gold St -
Palm St 3 3,821 -0.45 176 0 1 1 0 1
44th Ave Fred Waring Dr -
Indio Blvd 2 19,660 0.22 2 0 0 0 0 2
Dillon Ave Serrano Ln -
Palo Verde St 2 5,997 0.53 2 0 0 0 0 2
Helen Ave Swingle Ave -
Clinton St 2 6,761 0.28 2 0 0 0 0 2
Ave 45 Palo Verde St -
Highway 111 2 12,068 0.12 7 0 0 0 1 1
Shadow
Palm Ave
Aladdin St -
Monroe St 2 14,306 0.36 2 0 0 0 0 2

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37 8 Emphasis Areas
Emphasis Areas are behavioral, road user, or road condition characteristics that the City of Indio can strategically focus efforts on to have a large impact on transportation safety. Emphasis areas were developed by revisiting the Vision and Goals developed at the onset of this planning process and comparing them with the trends and patterns identified in the collision analysis. Where these areas aligned, or major challenges were observed, Emphasis Areas and strategies were developed.

Emphasis Area #1: Pedestrians & Bicyclists (Vulnerable Road Users) Description: Pedestrians and bicyclists are classified by Caltrans as a vulnerable user, meaning they have the highest potential for severe harm during a collision. Pedestrian and bicycle activity is high in Indio, with active transportation amenities such as CV Link nearby. According to the collision analysis, 6 percent of collisions involving pedestrians and bicycles within the City resulted in some form of injury or pain. 16% of pedestrian collisions resulted in fatalities, and 9% of bicycle collisions resulted in severe injuries.

Goals for Emphasis Area #1:
• Reduce the number of collisions involving vulnerable road users • Identify hot spots and priority corridors for addressing vulnerable road user collisions • Apply for funding and implement countermeasures to address pedestrian & bicyclist collisions
Strategies for Emphasis Area #1:
• Implement pedestrian and bicycle countermeasures at key locations • Install active transportation counters to identify high volume locations and implement infrastructure improvements at these locations
• Establish education and training programs to improve vulnerable road user safety citywide These strategies can be implemented by the City, while partnering with Caltrans, CVAG, California Highway Patrol (CHP) and other community partners. Funding sources for these strategies may include HSIP, ATP, STIP, and SB1 grand funding programs.

Emphasis Area #2: Speeding
Description: Speeding is a form of aggressive driving that accounts for 22% (645 out of 2997) of the causes of collisions from 2015-2020 in Indio. Behaviors considered within the category includes tailgating, and other reckless driving maneuvers. Two collisions caused by speeding resulted in fatalities and five resulted in severe injuries.

Goal for Emphasis Area #2:
• Reduce the instances of speeding and speeding related collisions • Identify hot spots and priority corridors for addressing speeding & speed-related collisions • Apply for and increase funding for countermeasures and implementations that address speeding

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38 Strategies for Emphasis Area #2:
• Increase enforcement of speed limits and vehicle code infractions at hot spots and along key corridors
• Implement education campaign to target speeding and other reckless driving behaviors • Increased coordination with law enforcement and other community organizations to address speeding
These strategies can be implemented by the City, while partnering with Caltrans, CVAG, CHP and other community partners. Funding sources for these strategies may include HSIP, ATP, STIP, and SB1 grand funding programs.

Emphasis Area #3: Driving Safety/Education
Description: Young drivers are identified as those under the age of 25. A substantial number of collisions in Indio involved young drivers. This may be impacted by seasonal events, such as Coachella and Stagecoach which occurs in April/May. Identifying countermeasures for year-round and seasonal implementation is important.

Goal for Emphasis Area #3:
• Reduce the number and severity of collisions that involve younger drivers • Identify hot spots/key corridors and time periods for young driver incidents • Apply for funding and implement countermeasures to address young driver collisions Strategies for Emphasis Area #3:

Strategies to address young driver behaviors will mainly focus on education, encouragement, and enforcement. Strategies that have had success nationally include driver’s education courses, implementing technology in young drivers’ vehicles, and education campaigns to target aging drivers with messages regarding road safety, common mistakes, and challenges that young drivers face. Strategies may also include increased enforcement near hotspots of young driver collisions and increased coordination with community organizations.

These strategies will be implemented by the City, law enforcement, and local community organizations. Funding sources for these strategies may include HSIP, STIP, and SB1 grant programs.

Emphasis Area #4: Impaired Driving
Description: Impaired driving, as defined by the Caltrans SHSP, includes proof of drug or alcohol use by the driver, even if the driver is not over the legal limit. Whether under the influence of alcohol or drugs, approximately 9% of collisions are caused by impaired driving for within the City of Indio.

Goal for Emphasis Area #4:
• Reduce the incidence and severity of collisions attributed to impaired driving • Identify hot spots and key corridors for impaired driving • Apply for funding to implement countermeasures to reduce impaired driving collisions Strategies for Emphasis Area #4:

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39 • Authorize, publicize, and conduct sobriety checkpoints programs • Implement an impaired driving education campaign
• Develop educational programs targeting specific audiences based on age group • Additional enforcement presence
• Create effective media campaigns in both visual and print media These strategies will be implemented by the City, law enforcement, and community organizations.

Funding sources for these strategies may include HSIP, OTS, and SB1 grant programs.

Emphasis Area #5: Nighttime Collisions
Description: Collisions occurring at night, accounted for about 33% of all collisions withing Indio.

The main type of collisions occurring at night were rear-end (24%), followed by broadside (21%), and hit-object (19%).

Goal for Emphasis Area #5:
• Reduce the incidence and severity of nighttime collisions • Identify hot spots and key corridors that have concentrations of nighttime collisions, including collisions that occurred in locations where there were no streetlights • Apply for funding to implement countermeasures to reduce nighttime collisions Strategies for Emphasis Area #5:
• Implement countermeasures to address nighttime and lighting issues throughout the City • Increased enforcement of nighttime driving infractions • Develop educational programs to increase safe nighttime driving behaviors These strategies will be implemented by the City, law enforcement, and community organizations.

Funding sources for these strategies may include HSIP, OTS, and SB1 grant programs.

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40 9 Opportunities
The following provides more information on general identified issues, collision modification factors, improvements, and countermeasures identified for the City of Indio, as well as for specific project locations identified as part of this analysis.

9.1 Infrastructure Improvements

9.1.1 Countermeasure Selection Process
Part D of the HSM provides information on Collision Modification Factors (CMF) for roadway segments, intersections, interchanges, special facilities, and road networks. CMFs are used to estimate the safety effects of highway improvements and apply CMFs to compare and select highway safety improvements. A CMF less than 1.0 indicates that a treatment has the potential to reduce collisions. A CMF greater than 1.0 indicates that a treatment has the potential to increase collisions. The application of an appropriate CMF can influence the decision to implement a particular project, and the misapplication of CMFs can lead to misinformed decisions.

Key factors to consider when applying CMFs include:

1. Selection of an appropriate CMF,

2. Estimation of collisions without treatment,

3. Application of CMFs by type and severity, and

4. Estimation of the combined effect for multiple treatments Examples of Safety Countermeasures can be found through several sources. This Report utilizes the countermeasures found in the California LRSM (https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/hsip/2020/lrsm2020.pdf) and the CMF Clearinghouse (CMF CH) website (http://www.cmfclearinghouse.org/).

Countermeasures for each of the Safety Project Case Studies are based on the data analysis and site visits. Additional countermeasures were identified for the high-level issues on a city-wide level and are discussed in Section 9.3 (General City-Wide Safety Project Opportunities) of this Report.

9.1.2 Safety Project Case Studies
From the city-wide analysis, ten project case study locations were selected for further analysis and identification of possible projects. For each of these locations, Safety Project Case Studies were developed to provide a case study to organize projects when applying for funding. These locations were identified through the analysis process based on their collision histories, the observed collision patterns, and their differing characteristics to provide the most insight into potential systemic safety countermeasures that the City can employ to achieve the most costeffective safety benefits.

A Safety Project Case Study was developed for these locations:

1. Segment: Highway 111 (Clinton St to Monroe St)

2. Segment: Monroe St (Fred Waring Dr: Highway 111)

3. Segment: Monroe St (Doctor Carreon Bl to Ave 48)

4. Segment: Fred Waring Dr (Madison St to Clinton St)

5. Segment: Jefferson St (Ave 39 to Varner Rd)

6. Segment: Valencia Ave (Monroe St to Arabia St)

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41 7. Signalized Intersection: Ave 44 & Jackson St

8. Signalized Intersection: Monroe St & Doctor Carreon Bl

9. Unsignalized Intersection: Highway 111 & Calhoun St

10. Unsignalized Intersection: Indio Bl & Sun Gold St
Appendix B contains the Case Study pages which summarize conditions at each location, and potentially beneficial countermeasures. Countermeasures were subjected to a benefit/cost assessment and scored according to their potential return on investment. These case studies can be used to select the most appropriate countermeasure, and to potentially phase improvements over the longer-term. The potential benefit of these countermeasures at locations with similar design characteristics can then be extrapolated regardless of collision history. These case study sheets can also be used to position the City for future grant funding opportunities.

9.2 Non-Infrastructure Improvements
Non-Infrastructure opportunities have also been proven to impact safety conditions of the transportation network. These education and enforcement measure opportunities are developed to target specific behavior types and populations. Based on a review of the existing plans, policies, and programs within the City, the following topics have been reviewed to identify areas where the City can implement or enhance safety efforts.

Table 8 – Summary of Programs, Policies, and Practices for the City of Indio Summary of Programs, Policies, and Practices for City of Indio Topic Initiatives/Current Status Implement or Enhance

COMMITTEES / ROLES
Active Transportation
Coordinator No Designate member of City staff to serve in this role Safety or Active Advisory
Committee No
Create safety or active advisory
committee/subcommittee in existing
structures
Active Transportation Safety
Education Program No
Create active transportation safety
education program in partnership
with local schools and law
enforcement

POLICY / PLANS
Complete Streets
A complete streets plan was
developed by the City of Indio
from April 2018 until the
development of the final plan
in December 2019. Finalized
4/20/2020.

Identify roadways that are good
candidates for complete street
implementation consistent with
guidance provided in these plans

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42 Summary of Programs, Policies, and Practices for City of Indio Topic Initiatives/Current Status Implement or Enhance
Traffic Impact Fees Yes, as part of the Municipal
Code
Continue to assess traffic impact fees
and review the potential for safety
impacts to be included as fundable
mitigations
Safe Routes to School
The City of Indio had a Safe
Routes to School Plan
developed. Finalized
4/5/2019.

Identify potential grant projects and
apply for grant funding
Traffic Calming Policies Yes Continue to enact traffic calming implementations throughout the City
Speed Surveys Yes; speed limits are current
Continue to update as required by
law; review new guidance from
Assembly Bill 43
Warrants for Stop Signs and
Signals
Yes (California Vehicle Code
and MUTCD)
Continue to use CVC and CA MUTCD
warrants; identify areas where
additional locally developed warrants
may be appropriate
Planning for Density and
Walkable Areas Yes
Continue to plan for density & identify
areas where additional active
transportation infrastructure is
needed
Transportation Demand
Management (TDM)/Vehicle
Miles Travelled (VMT)
Reduction
Yes
Continue to implement TDM
programs and monitor opportunities
to VMT reductions
Traffic Collision Monitoring City Engineer has a program for reviewing collision activity
Continue to formalize a program for
reviewing collision activity

POLICY / PLANS
Active Transportation Master
Plan
Bike Share Plan Project
headed by Community
Development Department
Formalize an Active Transportation
Master Plan that outlines proposed
actions on active transportation
Pedestrian Signal Timing No
Update pedestrian signal timing to be
consistent with latest CA MUTCD
guidelines
Crosswalks Yes Continue to identify locations for
improved crosswalks

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43 Summary of Programs, Policies, and Practices for City of Indio Topic Initiatives/Current Status Implement or Enhance
Enforcement
Law enforcement coordinates
with local jurisdictions; does
conduct sobriety/seatbelt
checks
Continue to coordinate with law
enforcement; use collision analysis to
identify areas for increased
enforcement
Bicycle Policy
City has ordinances on bicycle
helmet use / riding on
sidewalks / jay-walking
Implement policies that promote safe
bicycling throughout the City
Transit SunLine transit vehicles
accommodate bicycles
Continue to coordinate with local
transit agencies (SunLine) on actions
to increase safety of transit users
Wayfinding
Yes, program is led by the
Community Services
Department
Formalize wayfinding program in
areas with high active transportation
use

DATA COLLECTION / INVENTORY
Inventory of Pedestrian Signs
and Signals Yes
Continue to collect inventory; digitize
and assemble GIS database of signs &
signals
Inventory/Mapping of Active
Transportation Routes
No, but could potentially
include on the GIS map on City
website
Include active transportation routes
on GIS maps
Crossroad Database Annually updated Continue to update on a regular basis and monitor input for data integrity
Active Transportation Volume
Counting No
Perform active transportation volume
counts at key locations to determine
trends in active transportation use

COORDINATION / FEEDBACK
Citizen Feedback Via online portal
Continue to engage with citizens and
implement feedback into project
planning
Institutional Coordination Yes
Continue to coordinate with
community organizations and other
institutions
School Engagement
City engages with Desert
Sands Unified School Districts
and Indio Police Department
Continue to engage with schools
regarding roadway safety and
potential projects nearby

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44 Summary of Programs, Policies, and Practices for City of Indio Topic Initiatives/Current Status Implement or Enhance
Law Enforcement/Emergency
Service Engagement Yes
Continue to engage with law
enforcement; use collision analysis to
identify areas for increased
enforcement

9.3 General City-wide Countermeasure Toolbox
This evaluation considered city-wide trends to identify countermeasures that would likely provide the most benefit with widespread implementation. Countermeasures for each of the 5E Safety Strategies (Engineering, Enforcement, Education, Emergency Services, and Emerging Technologies) were identified. These include both infrastructure opportunities, non-infrastructure opportunities. Table 9 outlines the city-wide safety project opportunities, which is also referred to as the “Countermeasure Toolbox”. Within the toolbox, the description of the countermeasure along with its LRSM ID number is listed. The next column, Collision Reduction Factor (CRF) also known as Collision Modification Factor (CMF), are “multiplicative factors used to estimate the expected number of collisions after implementing a given countermeasure at a specific site (the lower the CMF, the greater the expected reduction in collisions)4 .”
For each of these countermeasures, a planning level benefit/cost analysis was completed.

Applying the benefit/cost at the city-wide level was estimated assuming some randomness in collision distribution. The location characteristics, such as whether there is a traffic signal, and the type of collisions, were used at the city-wide level to calculate an average cost of collisions that the countermeasure might reduce. The benefit per location was then factored out to a 20-year life-cycle savings, with an Opinion of Project Probable Cost (OPCC) for the initial installation costs and a per-year maintenance cost estimate. The cost shown in Table 9 should be considered initial planning costs using 2020 dollars and not assumed final.

Table 10 describes additional, non-engineering opportunities for the remaining categories of traffic safety which includes Enforcement, Education, Emergency Services, and Emerging Technology.
4 LRSM Version 1.5 (2020), Page 27

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45 Table 9– City-wide Safety Projects Opportunities (Countermeasure Toolbox)

COUNTERMEASURE LRSM/CMF
ID CRF 20
-YEAR COST

ESTIMATE PER UNIT
Install signal; includes signal warrants NS03 30% $ 270,000 per intersection Convert intersection to roundabout (from 2-way
stop or yield control) NS05 35% $ 1,100,000 per intersection Install/upgrade larger or additional stop signs/other
intersections warning/regulatory signs (stop signs
with LED borders)
NS06 15% $ 1,500 per sign
Install flashing beacons at Stop-Controlled
intersections NS08 15% $ 3,000 per beacon
Install splitter-islands on the minor road approaches NS13 40% $ 20,000 per intersection Create direction median openings to allow/restrict
left-turns and U-turns (right-in/right-out) NS15 50% $ 15,000 per structure Install raised medians (refuge islands) NS19PB 45% $ 25,000 per intersection Install/upgrade pedestrian crossing at uncontrolled
locations NS20PB 25% $ 22,000 per intersection
Install/upgrade pedestrian crossing at uncontrolled
locations NS21PB 35% $ 10,000 per intersection
Add segment lighting R01 35% $ 50,000 per mile
Install dynamic/variable speed warning systems R26 30% $ 16,000 per sign Install edge-lines and centerlines R28 25% $ 8,000 per mile Install green paint in bicycle lanes R32PB 35% $ 15,000 per intersection Install Rectangular Rapid Flashing Beacon (RRFB) R37PB 35% $ 50,000 per intersection Install retroreflective backplates S02 15% $ 12,000 per intersection Update signal heads to meet current standards S02 15% $ 12,000 per intersection Improve signal timing (coordination, phasing, red,
yellow, operation) S03 15% $ 8,000 per intersection

INDIO LRSP 2021
46 Install advanced dilemma zone detection S04 40% $ 34,000 per intersection Provide protected left-turn phase S07 30% $ 40,000 per intersection Install raised pavement markers and striping
(Through Intersection) S09 10% $ 22,000 per intersection Install flashing beacons as advanced warning S10 30% $ 3,000 per beacon Create directional median openings to allow (and
restrict) left-turns and U-turns (S.I.) S14 50% $ 15,000 per structure Install improved pedestrian crossing S18PB 25% $ 50,000 per intersection Install striping to address parked car collisions- 5% $ 12,000 per location Change intersection geometry to reduce
intersection skew
- 5% $ 70,000 per intersection
Set up speed enforcement zone- 5% $ 5,000 per location
Update striping to ensure parked cars have
sufficient clearance from driveways
- 5% $ 1,500 per mile
Implement school zone enforcement- 5% $ 3,000 per intersection Convert 12-ft lanes to 11-ft lanes 7825 24% $ 12,000 per mile

INDIO LRSP 2021
47 Non-Engineering Safety Strategy Countermeasures:

These identified countermeasures were derived from the collision analysis and build on the actions identified in Section 9.2. These relate to the additional Es of Traffic Safety outside of engineering, which include Enforcement, Education, Emergency Services and Emerging Technologies.

Table 10 – Non-Engineering Safety Strategy Countermeasures

PROPOSED COUNTERMEASURE POTENTIAL PARTNERS EXAMPLES OF

COUNTERMEASURE

ENFORCEMENT
Establish enforcement and visibility
program for aggressive driving
Local law enforcement;
CHP
CHP’s Regulate Aggressive Driving
and Reduce Speed (RADARS)
Program
Continued enforcement in school
zones
Local law enforcement;
CHP; school districts;
CVAG; SCAG
Obtain grant funding for additional
personnel in school zones
Increased enforcement of safe driving
& active transportation behaviors
near busy crosswalk locations
Local law enforcement;
CHP
Obtain grant funding for additional
enforcement near high pedestrian
activity locations

EDUCATION
Campaign to target aggressive
driving and DUIs
Local law enforcement;
CHP; California Office of
Traffic Safety (OTS)
CHP’s Regulate Aggressive Driving
and Reduce Speed (RADARS)
Program
Bicycle and pedestrian safety
campaign
Local law enforcement;
CVAG; SCAG
SCAG’s ‘Go Human’ Campaign; ‘
OTS’ ‘Ride With Traffic’ campaign
Planned educational events at high
activity locations such as future CV
Link locations
Explore safe routes to school
education grants to expand program
Local school districts; local
law enforcement; CVAG;
SCAG
Safe Routes to School Program,
funded by Caltrans
Coordinate safety education
campaigns with CVAG
CVAG; SCAG; local law
enforcement
Coordination of new safety education
with new CVAG projects such as CV
Link or CV Sync
Roadway safety fairs at schools
Education campaign for aging drivers

EMERGENCY SERVICES
Continue to work on
interdepartmental communication
between City staff and City police
department and fire department
Local law enforcement &
fire department
Incorporate law enforcement/fire
department as stakeholders on
transportation improvement projects
Incorporate public health agencies
and fire departments as stakeholders
in safety projects
Local public health
agencies and fire
departments
Adjust safety project development
processes to include public health
and fire department feedback

EMERGING TECHNOLOGY
Continue to use best practices for
pedestrian crossings at high
pedestrian traffic areas
City Public Works; CVAG;
Caltrans
Continuously update pedestrian
crossing design standards in
accordance with latest best practices
Utilize new data sources to monitor
traffic conditions and inform County
safety plans
City Public Works; CVAG;
Caltrans
Utilization of data from forthcoming
CVAG Regional Traffic Management
Center (RTMC)

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48 10 Evaluation & Implementation Plan

10.1 Evaluation
The success of the LRSP will be evaluated using the preliminary process outlined below. This process will be useful to ensure proper implementation of goals and to determine when updates are needed.
• Progress meetings will be conducted to track the implementation of the plan. In addition, the success of the plan will be evaluated on a recurring basis. • An update to the plan should be considered after no more than five years. • Continued monitoring and recording of traffic incidents on local roadways by law enforcement.
• Maintain a list of focus areas where there are transportation safety concerns.

10.2 Implementation
Implementation of the LRSP can be accomplished through several avenues including development of projects, the establishment of new policies and programs, and development/strengthening of relationships with stakeholders.

With regard to projects, the following identifies potential focus areas for the City in the near-tomid-term.

Near- & Mid-Term Focus Areas
The opportunities identified in this report provide more of the systemic countermeasures that can be applied within the City. Over the next three to five years, there is an opportunity for the City to concentrate its efforts on the emphasis areas:

1. Vulnerable Users

2. Speeding

3. Driving Safety/Education

3. Impaired Driving

4. Nighttime Collisions
Analysis conducted at the citywide level indicated that these factors were some of the most frequent influences contributing to collisions within the City. The countermeasure opportunities previously discussed in this report for both systemic and project-specific improvements can be used as a basis for developing projects at locations where addressing these focus areas would be of the most benefit. Projects that address these focused areas can be developed with a high benefit-to-cost ratio (by applying City-wide collision rates), allowing projects to be developed even at sites with little to no direct collision history, but with conditions that might contribute to future collisions.

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49 10.3 Funding
Competitive funding resources are available to assist in the development and implementation of safety projects in Indio. The City should continue to seek available funding and grant opportunities from local, state, and federal resources to accelerate their ability to implement safety improvements throughout Indio. The following is a high-level introduction into some of the main funding programs and grants for which the City can apply. In addition to the funding sources mentioned below, the City should consider examining and allocating a portion of its Measure A and other local funding sources to help fund safety improvements. The City should also work with regional agencies such as CVAG, RCTC, and SCAG to identify and apply for safety improvement funding.

10.3.1 Highway Safety Improvement Program
The Highway Safety Improvement Program (HSIP) is a Federal program housed under Fixing America’s Surface Transportation (FAST) Act. This program apportions funding as a lump sum for each state, which is then divided among apportioned programs. These flexible funds can be used for projects to preserve or improve safety conditions and performance on any Federal-aid highway, bridge projects on any public road, facilities for non-motorized transportation, and other project types. Example safety improvement projects eligible for this funding include:
• New or upgraded traffic signals
• Upgraded guard rails
• Pedestrian warning flashing beacons
• Marked crosswalks
California’s local HSIP focuses on infrastructure projects with national recognized collision reduction factors. Normally HSIP call-for-projects is made at an interval of one to two years. The applicant must be a city, a county, or a tribal government federally recognized within the State of California.

Additional information regarding this program at the Federal level can be found online at:
https://safety.fhwa.dot.gov/hsip/. California specific HSIP information – including dates for upcoming call for projects - can be found at: http://www.dot.ca.gov/hq/LocalPrograms/hsip.html.

10.3.2 Caltrans Active Transportation Program
Caltrans Active Transportation Program (ATP) is a statewide funding program, created in 2013, consolidating several federal and state programs. The ATP funds projects that encourage increased mode share for walking and bicycling, improve mobility and safety for non-motorized users, enhance public health, and decrease greenhouse gas emissions. Projects eligible for this funding include:
• Bicycle and pedestrian infrastructure projects
• Bicycle and pedestrian planning projects (e.g. safe routes to school) • Non-infrastructure programs (education and enforcement) This program funding is provided annually. The ATP call for projects typically comes out in the spring. Information on this program and cycles can be found online at:
http://www.dot.ca.gov/hq/LocalPrograms/atp/

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 144 of 1319 INDIO LRSP 2021
50 10.3.3 State Transportation Improvement Program
The State Transportation Improvement Program (STIP) provides state and federal gas tax money for improvements both on and off the state highway system. STIP programming occurs every two years. The programming cycle begins with the release of a proposed fund estimate, followed by California Transportation Commission (CTC) adoption of the fund estimate. The fund estimate serves to identify the amount of new funds available for the programming of transportation projects. Once the fund estimate is adopted, Caltrans and the regional planning agencies prepare transportation improvement plans for submittal. Caltrans prepares the Interregional Transportation Improvement Program (ITIP) using Interregional Improvement Program (IIP) funds, and regional agencies prepare Regional Transportation Improvement Programs (RTIPs) using Regional Improvement Program (RIP) funds. The STIP is then adopted by the CTC.

10.3.4 California Senate Bill 1 (SB 1)
SB 1 is a landmark transportation investment to rebuild California by fixing neighborhood streets, freeways and bridges in communities across California and targeting funds toward transit and congested trade and commute corridor improvements.

California’s state-maintained transportation infrastructure will receive roughly half of SB 1 revenue: $26 billion. The other half will go to local roads, transit agencies and an expansion of the state’s growing network of pedestrian and cycle routes. Each year, this new funding will be used to tackle deferred maintenance needs both on the state highway system and the local road system, including:
• Bike and Pedestrian Projects: $100 million
o This will go to cities, counties and regional transportation agencies to build or convert more bike paths, crosswalks and sidewalks. It is a significant increase in funding for these projects through the Active Transportation Program (ATP). • Local Planning Grants: $25 million

10.3.5 California Office of Traffic Safety (OTS) Grants This program has funding for projects related to traffic safety, including transportation safety education and encouragement activities. Grants applications must be supported by local collision data (such as the data analyzed in this report) and must relate to the following priority program areas:
• Alcohol Impaired Driving
• Distracted Driving
• Drug-Impaired Emergency Medical Services
• Motorcycle Safety
• Occupant Protection
• Pedestrian and Bicycle Safety
• Police Traffic Services
• Public Relations, Advertising, and Marketing Program
• Roadway Safety and Traffic Records

10.3.6 SCAG Sustainable Communities Program (SCP)
This program is an innovative vehicle for promoting local jurisdictional efforts to test local planning tools. The SCP provides direct technical assistance to SCAG member jurisdictions to complete

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 145 of 1319 INDIO LRSP 2021
51 planning and policy efforts to implement the regional Sustainable Communities Strategies (SCS).

Grants are available in the following three categories:
• Integrated Land Use
o Sustainable Land Use Planning
o Transit Oriented Development (TOD)
o Land Use & Transportation Integration
• Active Transportation
o Bicycle Planning
o Pedestrian Planning
o Safe Routes to School Plans
• Green Region
o Natural Resource Plans
o Climate Action Plans (CAPs)
o Green House Gas (GHG) Reduction programs

10.3.7 SB 821 (Bicycle and Pedestrian Facilities Program) The Bicycle and Pedestrian Facilities Program is funded through a ¼ cent statewide sales tax and provides funding for bicycle and pedestrian facility projects. The program is administered by the Riverside County Transportation Commission (RCTC). The Call for Projects occurs on a biennial basis. The following types of projects are eligible for funding:
• Construction, including related engineering expenses, of bicycle and pedestrian facilities, or for bicycle safety education programs.
• Maintenance of bicycling trails, which are closed to motorized traffic. • Maintenance and repairs of Class I off-street bicycle facilities only. • Restriping Class II bicycle lanes.
• Facilities provided for the use of bicycles that serve the needs of commuting bicyclists, including, but not limited to, new trails serving major transportation corridors, secure bicycle parking at employment centers, park and ride lots, and transit terminals where other funds are available.
• Development of comprehensive bicycle and pedestrian plans (limitations apply). Plans must emphasize bike/pedestrian facilities that support utilitarian bike/pedestrian travel rather than solely recreational activities.

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 146 of 1319 INDIO LRSP 2021
52 10.4 Next Steps
The City of Indio has completed this LRSP to guide the process of future transportation safety improvements for years to come. The data-driven analysis process identified collision types, related primary collision factors, and locations of many collisions. Based on this process, Emphasis Areas were developed. These Emphasis Areas will guide corridor improvements, education programs, and capital improvements for the City.

Using the analyzed data and outputs from this LRSP, the City has the opportunity to complete the following tasks:
• Actively seek other funding opportunities to improve safety for all modal users • Collaborate with established safety partners & neighboring municipalities as improvements are made to create a cohesive transportation network • Iteratively evaluate existing and proposed transportation safety programs and capital improvements to design a safer transportation network in Indio • Continually review collision data and update the analysis performed in this report • Monitor collision activity at locations where improvements were made to determine their impacts
The City also plans to have the City Council formally approve and adopt the Local Road Safety Plan (LRSP) in 2022. Based on current Caltrans guidelines, the City can plan to update the LRSP in five years in 2027.

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 147 of 1319 INDIO LRSP 2021
Appendix A: Feedback from SCAG Event

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Appendix B: Case Study Sheets

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 163 of 1319 Segment #1: Highway 111 - Clinton St to Monroe St
Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Segment: Highway 111 from Clinton St to Monroe St
Examples of Similar Segments: Indio Bl - Highway 111 to Van Buren St; Indio Bl - Jefferson St to Madison St
Traffic and Geometric Data:

Traffic Data
Average Daily Traffic (ADT) 48,500
Lighting Yes
Highest Posted Speed Limit 50 MPH
Collision Data
Total Collisions 23
Fatal and Injury
Collisions
Fatal Injury - 1
Severe Injury - 0
Visible Injury - 2
Top 3 Collision Types
(percentage)
Broadside (43.5%)
Head-On (17.4%)
Vehicle-Pedestrian (17.4%)
Total Nighttime Collisions 7
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 1

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
18 4 1

SEGMENT
Additional Notes:
• Distance between pedestrian crossings is long (~1/2 mi) • Several bus stops along the segment
• Crosswalk at Highway 111 & Las Palmas has only 3 legs • 45 mph speed limit but many drivers driving above the speed limit • Indio High School Safe Routes to School are nearby

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 164 of 1319 Countermeasure Evaluation
Primary
Issues Potential Counter-measures
Crash
Modification
Factor (LRSM/

CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs Safety Related B/C
All Improve signal hardware: lenses,
mounting, size, and number 0.85 (S02) $2,009,400 $12,000 167.45 Ped & Bike Install crosswalks on sidestreets/
driveways 0.65 (NS21PB) $3,690,960 $10,000 369.10
All
Install advanced dilemma zone
detection 0.60 (S04) $5,358,400 $34,000 157.60
All
Install medians to restrict
conflicting turning movements 0.50 (NS15) $6,698,000 $15,000 446.53 Ped & Bike
Install high-visibility crosswalk at
Las Palmas Dr 0.75 (S18PB) $2,636,400 $50,000 52.73
Ped & Bike
Install pedestrian refuge islands
in median 0.55 (NS19PB) $4,745,520 $50,000 94.91

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 165 of 1319 Segment #2: Monroe St - Fred Waring Dr to Highway 111
Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Segment: Monroe St from Fred Waring Dr to Highway 111
Examples of Similar Intersections: Clinton St - Highway 111 to Fred Waring Dr; Jefferson St - Fred Waring St to Highway 111
Traffic and Geometric Data:

Traffic Data
Average Daily Traffic (ADT) 39,320
Lighting Yes
Highest Posted Speed Limit 40 MPH
Collision Data
Total Collisions 18
Fatal and Injury
Collisions
Fatal Injury - 1
Severe Injury - 1
Visible Injury - 2
Top 3 Collision Types
(percentage)
Rear-End (38.9%)
Broadside (16.7%)
Head-On/ Hit Object
(11.1%)
Total Nighttime Collisions 6
Wet Surface Collisions 2
Drug and Alcohol Related
Collisions 3

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
11 1 0
*
N

SEGMENT
Additional Notes:
• 12 ft lanes could be shortened to give space to bicycle lanes • 40 mph speed limit but many drivers were speeding
• Herbert Hoover Elementary School Safe Routes to School is along Monroe St (similar issues identified)

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 166 of 1319 Countermeasure Evaluation
Primary
Issues Potential Counter-measures
Crash
Modification
Factor (LRSM/

CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs Safety Related B/C
All Install crosswalks at side streets/
driveways 0.65 (NS21PB) $7,453,600 $60,000 124.23
All Install dynamic/variable speed
signage 0.70 (R26) $6,388,800 $32,000 199.65
All
Install medians to restrict
conflicting movements 0.50 (NS15) $10,648,000 $15,000 709.87 All
Install advanced dilemma zone
detection along corridor 0.60 (S04) $8,518,400 $34,000 250.54 All
Reduce size of lanes from 12 ft
to 11 ft 0.76 (7825) $5,111,040 $12,000 425.92
All
Set up speed enforcement zone

0.95 $1,064,800 $5,000 212.96

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 167 of 1319 Segment #3: Monroe St - Dr Carreon Bl to Ave 48
Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Segment: Monroe St from Dr Carreon Bl to Ave 48
Examples of Similar Segments: Monroe St - Ave 48 to Ave 50; Jackson St - Ave 48 to Ave 50
Traffic and Geometric Data:

Traffic Data
Average Daily Traffic (ADT) 11,167
Lighting Yes
Highest Posted Speed Limit 40 MPH
Collision Data
Total Collisions 23
Fatal and Injury
Collisions
Fatal Injury - 1
Severe Injury - 0
Visible Injury - 3
Top 3 Collision Types
(percentage)
Broadside (39.1%)
Hit Object (17.4%)
Rear-End/ Sideswipe
(13.0%)
Total Nighttime Collisions 9
Wet Surface Collisions 1
Drug and Alcohol Related
Collisions 4

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
16 1 1

SEGMENT
Additional Notes:
• Many cars observed cutting across traffic from hospital entrance • 45 mph speed limit but many drivers were speeding
• Bike lanes were added after 2017, there were several bicyclists during field observations • Monroe St identified in Safe Routes to School Plan (similar issues identifieds

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 168 of 1319 Countermeasure Evaluation
Primary
Issues Potential Counter-measures
Crash
Modification
Factor (LRSM/

CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs Safety Related B/C
Bike & Ped Install green paint in bicycle lanes 0.65 (R32PB) $131,880 $15,000 8.79 Bike & Ped Install enhanced crosswalk at
Comet Ln intersection 0.75 (S18PB) $94,200 $50,000 1.88 All
Install advance dilemma zone
detection along corridor 0.60 (S04) $5,348,480 $34,000 157.31 All
Install improved signal hardware

0.85 (S02) $2,005,680 $12,000 167.14
All
Advanced intersection signage at
Comet Ln 0.85 (NS06) $2,005,680 $3,000 668.56
All
Install protected left-turn
operations on Comet Ln 0.70 (S07) $4,011,360 $40,000 100.28 All
Install emergency signal at ER
entrance of hospital 0.70 (NS03) $4,011,360 $270,000 14.86

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 169 of 1319 Segment #4: Fred Waring Dr - Madison St to Clinton St
Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Segment: Fred Waring Dr from Madison St to Clinton St
Examples of Similar Locations: Fred Waring Dr - Clinton St to Hoover Ave; Indio Bl - Madison St to Clinton St; Fred Waring Dr & Heritage Palms Dr Traffic and Geometric Data:

Traffic Data
Average Daily Traffic (ADT) 21,361
Lighting Yes
Highest Posted Speed Limit 50 MPH
Collision Data
Total Collisions 5
Fatal and Injury
Collisions
Fatal Injury - 1
Severe Injury - 0
Visible Injury - 0
Top 3 Collision Types
(percentage)
Hit Object (40%)
Rear-End (40%)
Vehicle-Pedestrian (20%)
Total Nighttime Collisions 2
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 1

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
4 1 0

SEGMENT
Additional Notes:
• 50 mph speed limit here, many drivers were speeding
• Lack of street lights on north side of Fred Waring Dr east of the bridge • Similar collisions at Fred Waring Dr & Heritage Palms Dr (hit object & head-on) • Madison St/Fred Waring Dr are identified as a Safe Routes to School Corridors

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 170 of 1319 Countermeasure Evaluation
Primary
Issues Potential Counter-measures
Crash
Modification
Factor (LRSM/

CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs Safety Related B/C
All Install speed warning signage 0.70 (R26) $2,691,840 $16,000 168.24 Dark Install segment lighting 0.65 (R01) $37,240 $50,000 0.74 Ped & Bike
Install green paint in bicycle lanes

0.65 (R32PB) $3,066,000 $15,000 204.40
All
Install advanced dilemma zone
detection 0.60 (S04) $3,589,120 $34,000 105.56

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 171 of 1319 Segment #5: Jefferson St - Varner Rd to Ave 39
Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Segment: Jefferson St from Varner Rd to Ave 39
Examples of Similar Segments: Ave 42 - Monroe St to Jackson St; Ave 40 - Jefferson St to Madison St
Traffic and Geometric Data:

Traffic Data
Average Daily Traffic (ADT) 18,954
Lighting Yes
Highest Posted Speed Limit 45 MPH
Collision Data
Total Collisions 22
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 6
Top 3 Collision Types
(percentage)
Broadside (36.4%)
Rear-End (27.3%)
Head-On/ Hit Object
(13.6%)
Total Nighttime Collisions 6
Wet Surface Collisions 1
Drug and Alcohol Related
Collisions 0

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
18 0 0

SEGMENT
Additional Notes:
• 45 mph speed limit, but many drivers were speeding
• Observed U-turns to the south of the high school
• Lack of lighting to the south of the high school
• Jefferson St is identified as a Safe Routes to School corridor (similar issues identified in SRTS plan)

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 172 of 1319 Countermeasure Evaluation
Primary
Issues Potential Counter-measures
Crash
Modification
Factor (LRSM/

CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs Safety Related B/C
All Install median south of school to
limit conflicting movements 0.50 (S14) $999,200 $15,000 66.61 Dark Add more segment lighting 0.65 (R01) $386,960 $50,000 7.74 All
Install enhanced pedestrian
crossing 0.75 (S18PB) $1,087,200 $50,000 21.74
All
Install advanced dilemma zone
detection 0.60 (S04) $1,739,520 $34,000 51.16
All
Improve signal hardware

0.85 (S02) $652,320 $12,000 54.36
All
Improve signal timing

0.85 (S03) $652,320 $8,000 81.54
All
Install flashing beacons as
advanced warning 0.70 (S10) $1,304,640 $12,000 108.72
All
Install RRFB at school with dropoff lane on east side of Jefferson St 0.65 (R37PB) $699,440 $50,000 13.99

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 173 of 1319 Segment #6: Valencia Bl - Monroe St to Arabia St
Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Segment: Valencia Bl from Monroe St to Arabia St
Examples of Similar Segments: Miles Ave - Monroe St to Rubidoux St; Sierra Ave - Monroe St to Rubidoux St
Traffic and Geometric Data:

Traffic Data
Average Daily Traffic (ADT) 27,612
Lighting No
Highest Posted Speed Limit No Posted SL
Collision Data
Total Collisions 5
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 1
Visible Injury - 1
Top 3 Collision Types
(percentage)
Head-On (40.0%)
Broadside (20.0%)
Rear-End (20.0%)
Total Nighttime Collisions 2
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 2

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
5 0 0

SEGMENT
Additional Notes:
• There is slight curve between Sun Gold St & Palm St
• Several cars speeding along segment
• EB leg crosswalk is missing at Sun Gold St intersection • Valencia Bl is within the walkshed of Herbert Hoover Elementary School (similar issues identified in Safe Routes to School plan)

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 174 of 1319 Countermeasure Evaluation
Primary
Issues Potential Counter-measures
Crash
Modification
Factor (LRSM/

CMF ID)
20 Year
Safety Benefit
Total 20-Year
Costs Safety Related B/C
All Install speed warning signage 0.70 (R26) $2,846,640 $16,000 177.92 Ped & Bike Upgrade pedestrian crossing at
uncontrolled locations 0.75 (NS20PB) - $22,000 -
Parked Car
Collisions
Install striping to address parked
car collisions 0.95 $456,840 $12,000 38.07
All
Install centerline striping along
segment 0.75 (R28) $2,310,800 $4,000 577.70
Parked Car
Collisions
Update striping to ensure parked
cars have sufficient clearance
from driveways 0.95 $456,840 $750 609.12

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 175 of 1319 Location #7 - Ave 44 & Jackson St
Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Intersection: #7 - Ave 44 & Jackson St
Examples of Similar Intersections: Jackson St & Dillon Ave; Ave 44 & Gold Center Pkwy Traffic and Geometric Data:

Traffic Data
Number of Approaches 4
Total Entering Vehicles 15,254
Crosswalk Condition Good
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 45 MPH
Median No
Collision Data
Total Collisions 34
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 1
Visible Injury - 1
Top 3 Collision Types Broadside (47.1%)
Rear-End (26.5%)
Head-On (11.8%)
Total Nighttime Collisions 12
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
30 0 1
Additional Notes:
• Truck traffic was heavy in this area
• Speed limit was 40 mph, however many drivers were speeding • Ave 44 & Jackson St are identified as SRTS Corridors in the Safe Routes to School Plan *

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 176 of 1319 Countermeasure Evaluation
Primary Issues Potential Counter-measures
Crash Reduction
Factor (LRSM/CMF
ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
All Improve signal hardware 15% (S02) $2,222,580 $12,000 185.22 Bike & Ped
Install green paint on Jackson St bicycle lanes
35% (R32PB) $113,260 $15,000 7.55
All Install advanced dilemma zone detection 40% (S04) $5,926,880 $34,000 174.32 All Install pavement markers through
intersection 10% (S09) $1,481,720 $22,000 67.35
All Install speed feedback signage 30% (R26) $4,445,160 $64,000 69.46 All Install signal warning beacons to alert when
signal will change 30% (S10) $4,445,160 $12,000 370.43

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 177 of 1319 Case Study Sheet: Location #8 - Monroe St & Dr. Carreon Bl Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Intersection: Monroe St & Dr. Carreon Bl
Examples of Similar Intersections: Monroe St & Ave 48; Jackson St & Dr. Carreon Bl Traffic and Geometric Data:

Traffic Data
Number of Approaches 4
Total Entering Vehicles 22,334
Crosswalk Condition Good
Control Type Signalized
Lighting Yes
Highest Posted Speed Limit 40 MPH
Median No
Collision Data
Total Collisions 28
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 3
Visible Injury - 3
Top 3 Collision Types Broadside (42.9%)
Rear-End (32.1%)
Sideswipe (7.1%)
Total Nighttime Collisions 8
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 2

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
24 1 1
Additional Notes:
• Significant vehicle traffic from JFK Hospital on SW corner • Observed high amount of pedestrian traffic
• Several vehicles observed speeding
• Monroe St and Dr. Carreon Bl are both identified as Safe Routes to School Corridors (Carreon Academy and Roosevelt HS are nearby)
*

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 178 of 1319 Countermeasure Evaluation
Primary Issues Potential Counter-measures
Crash Reduction
Factor (LRSM/CMF
ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
Bike & Ped Install enhanced pedestrian crossing 25% (S18PB) $50,000 $50,000 1.88 All
Install advanced dilemma zone detection
40% (S04) $12,528,480 $34,000 368.48
All Improve signal hardware 15% (S02) $4,698,180 $12,000 391.52 All Install speed feedback signage 30% (R26) $9,396,360 $16,000 587.27 All Implement school zone enforcement 5% $1,566,060 $3,000 522.02

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 179 of 1319 Case Study Sheet: Location #9 - Highway 111 & Calhoun St Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Intersection: Highway 111 & Calhoun St
Examples of Similar Intersections: Monroe St & Ave 48; Jackson St & Dr. Carreon Bl Traffic and Geometric Data:

Traffic Data
Number of Approaches 3
Total Entering Vehicles 14,218
Crosswalk Condition Good
Control Type Unsignalized
Lighting Yes
Highest Posted Speed Limit 40 MPH
Median No
Collision Data
Total Collisions 23
Fatal and Injury
Collisions
Fatal Injury - 0
Severe Injury - 0
Visible Injury - 2
Top 3 Collision Types Broadside (56.5%)
Rear-End (17.4%)
Ped/Hit Object (8.7%)
Total Nighttime Collisions 5
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 1

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
18 0 2
Additional Notes:
• Observed a significant amount of truck traffic
• Observed significant queueing on WBL and NBL turn movements • Many vehicles on NBL turn movement had to wait awhile for gap to appear • There was also queueing on EB movement from Highway 111 & Indio Bl intersection *

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 180 of 1319 Countermeasure Evaluation
Primary Issues Potential Counter-measures
Crash Reduction
Factor (LRSM/CMF
ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
Bike & Ped Install pedestrian crossing at uncontrolled
locations 35% (NS21PB) $312,480 $10,000 31.25
All
Intersection control evaluation (potentially
install signals, combine this with Highway
111/Indio Bl collision with split phasing) 30% (NS03) $1,325,640 $270,000 4.91 All Install flashing warning beacons on
approaches 15% (NS08) $662,820 $6,000 110.47
All Install median to restrict conflicting turning
movements 15% (NS15) $2,209,400 $15,000 147.29

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 181 of 1319 Case Study Sheet: #10 - Indio Bl & Sun Gold St
Project Name: Indio LRSP
Agency Name: Indio
Contact Name: Juan Raya
Email: [email protected]
Prepared by: Kimley-Horn
Checked by: Jean Fares
Date: November 2021
Project Location Description & Maps:

Intersection: Indio Bl & Sun Gold St
Examples of Similar Intersections: Indio Bl & Palm St; Indio Bl & King St Traffic and Geometric Data:

Traffic Data
Number of Approaches 3
Total Entering Vehicles 22,048
Crosswalk Condition No crosswalks
Control Type Unsignalized
Lighting Yes
Highest Posted Speed Limit 45 MPH
Median On EB/WB approaches
Collision Data
Total Collisions 6
Fatal and Injury
Collisions
Fatal Injury - 1
Severe Injury - 1
Visible Injury - 1
Top 3 Collision Types Rear-End (66.7%)
Broadside (33.3%)
Sideswipe (16.7%)
Total Nighttime Collisions 3
Wet Surface Collisions 0
Drug and Alcohol Related
Collisions 0

INTERSECTION
Collision Breakdown
Veh vs. Veh Veh vs. Ped Veh vs. Bike
5 1 0
Additional Notes:
• Many vehicles on Indio Bl were speeding
• Intersection has significant skew
*

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 182 of 1319 Countermeasure Evaluation
Primary Issues Potential Counter-measures
Crash Reduction
Factor (LRSM/CMF
ID)
20 Year
Safety Benefit
Total 20-Year
Costs
Safety
Related
B/C
Broadsides Install median to prohibit left-turns from
Sun Gold St 50% (NS15) $8,948,400 $15,000 596.56
All Install traffic signal 30% (NS03) $5,668,800 $270,000 21.00 Pedestrian Upgrade pedestrian crossing 35% (NS21PB) $199,220 $70,000 13.50 All Install raised median & centerline to reduce
intersection skew on Sun Gold St approach 40% (NS13) $7,558,400 $20,000 377.92

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 183 of 1319 INDIO LRSP 2021
Appendix C: Analysis Rankings Table –
Segments and Intersections

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 184 of 1319 Facility Limits Crashes Local CCR Differential1 EPDO
2 Fatal Serious Injury Other Visible Injury Complaint of Pain PDO Broadside Sideswipe Rear End Head On Hit Object Overturned Other Pedestrian Bicycle Aggressive Distracted Impaired Dark Wet Other Principal Arterial
Highway 111 Madison St - Clinton St 11 0.2 36 0 0 1 3 7 3 0 3 1 2 0 0 0 1 3 0 1 0 0 Highway 111 Jefferson St - Jackalope Trail 6 0.0 16 0 0 0 2 4 1 0 2 1 1 0 0 0 0 2 0 0 0 1 Jefferson St Fred Waring Dr - Independence Way 5 0.1 25 0 0 0 4 1 1 0 2 0 0 0 0 0 0 2 0 0 0 1 Highway 111 Las Palmas Dr - Granada Dr 5 0.8 20 0 0 1 1 3 3 0 0 0 1 0 0 1 1 0 0 0 0 0 Highway 111 Granada Dr - Clinton St 5 0.2 194 1 0 1 3 0 2 0 1 0 0 0 0 2 0 1 0 1 0 0 Indio Blvd I-10 EB Ramps - Jefferson St 4 0.0 178 0 1 0 2 1 0 0 0 2 2 0 0 0 0 0 0 0 0 0 Jefferson St Miles Ave - Pebble Beach Dr 3 0.3 181 1 0 1 1 0 0 0 2 1 0 0 0 0 0 2 0 0 0 0 Highway 111 Rubidoux St - Arabia St 3 0.5 167 0 1 0 0 2 0 0 0 0 2 0 0 1 0 0 0 1 0 0 Highway 111 Monroe St - Las Palmas Rd 3 0.5 13 0 0 0 2 1 0 0 1 0 1 0 0 1 0 1 0 1 0 1 Indio Blvd Van Buren St - Ave 48 3 -0.17 167 0 1 0 0 2 0 0 0 1 1 0 0 1 0 0 0 1 0 0 Highway 111 Shields Rd - Younge Ln 3 -0.10 8 0 0 0 1 2 0 0 1 0 0 0 0 0 0 2 0 1 0 0 Minor Arterial
Monroe St 43rd Ave - Oleander Ave 8 0.9 187 0 1 0 3 4 2 0 2 2 0 0 0 0 0 2 0 0 1 0 47th Ave Monroe St - Cheyenne Rd 8 0.9 38 0 0 0 6 2 4 0 3 1 0 0 0 0 0 3 0 0 0 1 Ave 42 Monroe St - Ave 42 6 0.7 36 0 0 2 2 2 1 0 2 0 2 0 0 0 0 1 0 0 0 0 Monroe St Doctor Carreon Bl - Bella Gate 6 0.5 195 1 0 1 3 1 3 0 0 1 1 0 0 1 0 0 0 0 0 0 Monroe St Date Ave - Doctor Carreon Bl 5 0.5 179 0 1 0 2 2 3 0 2 0 0 0 0 0 0 2 0 0 0 0 Ave 42 Burr St - Madison St 4 0.2 19 0 0 0 3 1 1 0 0 0 0 2 0 0 0 2 0 0 0 1 Jackson St Ave 44 - Kenner Ave 4 0.6 9 0 0 0 1 3 0 0 4 0 0 0 0 0 0 4 1 0 0 1 Ave 48 Monroe St - Desert Grove Dr 4 1.3 168 0 1 0 0 3 3 0 0 0 0 0 0 0 0 0 0 1 0 0 Jefferson St Derek Alan Dr - Ave 50 4 0.0 23 0 0 2 0 2 1 0 2 0 0 0 0 0 0 1 0 0 0 0 Jackson St Ave 42 - Atlantic Ave 3 0.4 13 0 0 0 2 1 0 0 2 0 0 0 0 0 0 2 0 0 0 1 Ave 44 Saguaro Gate - Market St 3 0.48 22 0 0 2 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 1 Fred Waring Dr Forest Dr - Clinton St 3 0.00 167 1 0 0 0 2 0 0 2 0 0 0 0 1 0 1 0 0 0 0 Fred Waring Dr Heritage Palms Dr N - Burr St 3 0.00 8 0 0 0 1 2 0 0 0 1 2 0 0 0 0 1 0 1 0 1 Major Collector
Ave 42 Jackson St - Collection Dr 10 0.3 10 0 0 1 0 9 0 0 2 2 5 0 0 0 0 3 0 3 2 0 Varner Rd Adams St - Fifties Way 5 0.0 5 0 1 2 1 1 3 0 0 1 0 0 0 0 0 1 0 0 0 0 Adams St 39th Ave - Ave 40 4 0.3 4 0 0 2 0 2 0 0 2 0 1 0 1 0 0 3 0 1 0 0 Ave 40 Varner Rd - Adams St 4 0.3 4 0 0 1 0 3 1 0 1 1 1 0 0 0 0 1 0 2 0 0 Miles Ave Heritage Palms Dr S - Madison St 4 0.3 4 0 0 0 1 3 1 0 1 0 1 1 0 0 0 1 0 0 0 0 Jefferson St 40th Ave - Sun City Blvd 3 1.0 3 0 0 1 0 2 0 0 2 0 1 0 0 0 0 2 0 0 0 0 Jackson St Generations Dr - Ave 42 3 0.9 3 0 0 0 1 2 0 0 0 2 0 0 0 0 0 0 0 0 0 1 Rubidoux St Requa Ave - Highway 111 3 0.5 3 0 0 1 0 2 1 0 0 0 1 0 0 0 0 0 1 0 0 0 Jefferson St 39th Ave - Shadow Hills High School 2 0.3 2 0 0 1 1 0 1 0 0 0 1 0 0 0 0 1 0 0 0 1 Jefferson St Shadow Hills High School - Ave 40 2 0.8 2 0 0 0 1 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 Ave 40 Kevin Rd - Madison St 2 1.27 2 0 0 0 0 2 0 0 1 0 1 0 0 0 0 1 0 0 1 0 Clinton St Fred Waring Dr - Laurel Gate 2 -0.06 2 1 0 0 1 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 Hoover Ave Monroe St - Armata Ave 2 -0.10 2 0 0 0 1 1 1 0 1 0 0 0 0 0 0 0 0 0 0 0 Requa Ave Rubidoux St - Arabia St 2 0.13 2 0 0 0 1 1 1 0 0 0 0 0 0 0 0 1 0 0 0 0 Local
Francis Ave Swingle Ave - Clinton St 4 0.8 4 0 0 0 0 4 0 0 2 1 0 0 0 0 0 0 0 0 2 0 Valencia Ave Sun Gold St - Palm St 3 -0.5 176 0 1 1 0 1 1 0 0 2 0 0 0 0 0 0 0 2 0 0 44th Ave Fred Waring Dr - Indio Blvd 2 0.2 2 0 0 0 0 2 0 0 0 2 0 0 0 0 0 1 0 1 0 0 Dillon Ave Serrano Ln - Palo Verde St 2 0.5 2 0 0 0 0 2 0 0 2 0 0 0 0 0 0 0 0 1 0 0 Helen Ave Swingle Ave - Clinton St 2 0.3 2 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 1 1 0 Ave 45 Palo Verde St - Highway 111 2 0.1 7 0 0 0 1 1 1 0 0 0 1 0 0 0 0 0 0 0 0 0 Shadow Palm Ave Aladdin St - Monroe St 2 0.4 2 0 0 0 0 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0

2. Equivalent Property Damage Only Crashes

1. Local Critical Crash Rate Differential
1 / 4
11/17/2021

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 185 of 1319 Intersection Crashes Local CCR Differential1 EPDO
2 Fatal Serious Injury Other Visible Injury Complaint of Pain PDO Broadside Sideswipe Rear End Head On Hit Object Overturned Other Pedestrian Bicycle Aggressive Distracted Impaired Dark Wet Signalized Intersections
Ave 48 - Jefferson St 49 1.0 522 2 0 4 21 22 10 3 33 0 2 0 1 0 0 25 1 6 0 1 Jefferson St - Miles Ave 48 1.4 492 0 2 1 21 24 16 2 14 2 9 0 1 2 1 28 2 6 2 1 Ave 48 - Calhoun St 44 1.4 343 0 1 5 17 21 19 8 9 5 2 0 0 1 0 25 1 8 0 2 Jefferson St - Fred Waring Dr 36 0.0 116 0 0 3 10 23 11 8 15 0 1 1 0 0 0 13 2 3 1 1 Jackson St - I-10 EB Ramps 35 0.7 318 0 1 5 14 15 8 3 17 3 3 0 0 1 0 14 0 3 0 1 Ave 44 - Jefferson St 34 0.8 279 0 1 1 14 18 16 3 10 4 1 0 0 0 1 16 0 1 0 0 Jefferson St - I-10 WB Ramps 33 0.6 276 0 1 4 8 20 11 10 7 3 1 0 1 0 0 17 1 1 2 3 Monroe St - I-10 EB 32 0.1 489 0 2 5 16 9 10 3 7 12 0 0 0 0 1 9 0 1 0 2 Monroe St - Doctor Carreon Bl 28 0.3 589 0 3 3 8 14 12 2 9 2 2 0 0 1 1 17 0 2 0 0 Jefferson St - Old Hwy 111 26 -0.1 120 0 0 6 7 13 9 1 9 3 2 0 0 2 0 12 1 4 0 1 Highway 111 - Monroe St 26 0.66 434 0 2 1 14 9 10 1 7 2 2 1 0 3 1 8 0 1 0 1 Ave 46 - Jackson St 18 0.20 242 0 1 2 8 7 7 1 5 2 1 0 2 0 3 11 0 2 0 1 Dune Palms Rd - Miles Ave 18 0.01 82 0 0 4 5 9 12 0 4 2 0 0 0 0 0 10 2 2 0 0 Ave 48 - Monroe St 17 0.10 230 1 0 3 4 9 3 1 12 1 0 0 0 0 0 10 0 3 0 0 Miles Ave - Clinton St 17 0.25 394 1 1 2 6 7 7 2 4 0 0 0 0 1 3 9 0 1 0 0 Golf Center Pkwy - Ave 44 17 -0.06 67 0 0 1 8 8 8 1 5 1 2 0 0 0 0 6 0 0 0 1 Old Hwy 111 - Clinton St 16 -0.14 51 0 0 1 5 10 5 4 6 0 1 0 0 0 0 5 0 3 0 1 Oasis St - 47th Ave 16 0.08 76 0 0 2 8 6 10 0 1 4 0 0 0 1 0 5 0 0 0 0 Jackson St - Requa Ave 16 0.03 65 0 0 3 4 9 6 1 4 1 1 1 2 0 1 9 0 3 0 0 Fred Waring Dr - 44th Ave 15 4.25 94 0 0 5 6 4 12 2 0 1 0 0 0 0 0 9 1 0 0 0 Ave 48 - Jackson St 14 0.04 203 0 1 0 5 8 3 2 8 0 0 0 0 1 0 8 0 1 0 1 Calhoun St - 47th Ave 14 0.21 74 0 0 3 6 5 7 1 2 3 0 0 0 1 1 7 0 2 0 0 Rubidoux St - Old Hwy 111 14 0.15 82 0 0 6 2 6 6 4 1 2 1 0 0 0 2 7 0 1 1 1 Monroe St - Hoover Ave 14 -0.13 60 0 0 0 9 5 5 1 8 0 0 0 0 0 0 13 0 0 0 0 Jackson St - Kenner Ave 14 0.11 54 0 0 2 4 8 4 2 5 2 1 0 0 0 0 6 0 2 0 0 Golf Center Pkwy - Ave 43 14 0.54 59 0 0 1 7 6 10 1 0 2 0 0 1 0 0 2 0 1 0 0 Jefferson St - Ave 40 14 1.02 68 0 0 4 3 7 6 2 2 3 1 0 0 0 0 8 0 0 0 0 Arabia St - Old Hwy 111 13 0.11 33 0 0 0 4 9 0 2 6 2 1 0 0 3 0 4 0 3 0 0 Indio Bl - Clinton St 13 -0.01 216 1 0 2 4 6 4 2 4 1 1 0 0 1 2 7 0 1 0 0 Jackson St - Ave 42 13 -0.11 207 0 1 1 4 7 4 2 1 4 1 0 0 0 1 2 0 3 0 0 Adams St - Varner Rd 13 -0.17 231 0 1 3 5 4 8 0 1 3 0 0 1 0 0 2 0 0 0 0 Monroe St - Ave 50 12 -0.15 61 0 0 4 2 6 3 1 3 0 3 1 0 1 1 6 0 2 0 0 Ave 48 - Arabia St 12 0.01 32 0 0 0 4 8 2 1 7 0 2 0 0 0 0 7 0 2 1 1 Oasis St - Old Hwy 111 12 0.54 37 0 0 1 3 8 5 2 3 0 1 0 0 2 1 6 0 2 0 0 Jackson St - 52nd Ave 11 -0.12 364 0 2 0 5 4 7 0 4 0 0 0 0 0 0 6 1 3 1 2 Ave 50 - Madison St 11 -0.06 61 0 0 2 6 3 7 0 2 1 0 0 1 0 0 6 1 2 2 0 Blass Ave - Jackson St 11 -0.17 200 0 1 0 5 5 3 0 3 2 1 1 0 1 0 4 0 1 0 0 Jackson St - Ave 45 11 -0.18 46 0 0 2 3 6 1 0 7 0 2 0 0 0 1 6 0 1 0 0 Monroe St - Buena Vista Ave 11 -0.13 26 0 0 1 1 9 5 1 5 0 0 0 0 0 0 8 0 1 0 0 Arabia St - 47th Ave 10 -0.09 45 0 0 2 3 5 7 0 0 3 0 0 0 0 0 4 0 2 0 0 Dewitt St - Madison St 10 -0.15 228 0 1 4 3 2 3 1 4 0 2 0 0 0 0 6 0 2 0 1 Golf Center Pkwy - I-10 EB Ramps 10 -0.17 50 0 0 1 6 3 6 2 2 0 0 0 0 1 0 8 0 2 0 0 Jackson St - Showcase Pkwy 10 0.84 54 0 0 3 3 4 3 1 4 0 1 0 0 0 0 5 0 1 0 0 Madison St - Ave 48 9 -0.22 39 0 0 1 4 4 1 1 3 1 2 0 1 0 0 6 0 1 0 0 Highway 111 - Jackalope Trail 9 -0.12 39 0 0 1 4 4 1 1 4 0 3 0 0 0 0 3 0 3 0 0 Van Buren St - Indio Blvd 9 -0.24 34 0 0 1 3 5 4 0 3 1 0 0 1 0 1 4 0 0 0 0 Highway 111 - Las Palmas Rd 9 -0.08 24 0 0 0 3 6 4 1 1 3 0 0 0 0 0 3 0 0 0 0 Madison St - Ave 46 9 -0.20 198 0 1 1 3 4 3 0 1 2 3 0 0 0 0 3 0 3 0 1 Monroe St - Bliss Ave 9 -0.17 198 1 0 1 3 4 3 1 3 1 0 0 0 1 0 2 0 0 0 0 Monroe St - Ave 42 9 -0.03 28 0 0 2 0 7 5 0 2 0 1 0 0 1 0 5 0 1 0 1 Spectrum St - Ave 42 9 -0.16 44 0 0 2 3 4 3 2 1 1 2 0 0 0 0 4 0 1 0 2 Shields Rd - Hwy 111 8 -0.26 33 0 0 0 5 3 3 0 3 0 1 0 0 1 1 5 0 1 0 0 Clinton St - Palmyra Ave 8 -0.04 38 0 0 1 4 3 2 0 5 0 0 0 0 1 0 5 0 0 0 0 Madison St - Fred Waring Dr 8 -0.23 33 0 0 1 3 4 3 2 1 0 2 0 0 0 1 2 1 1 0 0 Monroe St - I-10 WB Ramps 8 -0.24 207 0 1 1 5 1 4 1 1 2 0 0 0 0 0 2 0 0 0 0 Golf Center Pkwy - Ave 46 8 -0.23 23 0 0 0 3 5 2 0 3 0 3 0 0 0 0 5 1 1 0 0 Jackson St - Ave 50 7 -0.24 17 0 0 0 2 5 4 2 1 0 0 0 0 0 0 2 0 0 0 1 Madison St - Ave 49 7 -0.13 22 0 0 1 1 5 5 1 1 0 0 0 0 0 0 7 1 0 1 0 Ave 48 - Calle Diamante 7 -0.25 180 0 1 1 0 5 3 1 1 1 1 0 0 0 0 2 1 1 0 0 Indio Blvd - Ave 48 7 -0.27 22 0 0 0 3 4 2 0 3 1 0 0 1 0 0 6 0 0 0 1 2 / 4
11/17/2021

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 186 of 1319 Intersection Crashes Local CCR Differential1 EPDO
2 Fatal Serious Injury Other Visible Injury Complaint of Pain PDO Broadside Sideswipe Rear End Head On Hit Object Overturned Other Pedestrian Bicycle Aggressive Distracted Impaired Dark Wet Dune Palm Rd - Blackhawk Wy 7 -0.19 186 1 0 0 3 3 4 1 2 0 0 0 0 0 0 4 0 0 0 0 Jefferson St - Westward Ho Dr 7 -0.26 42 0 0 2 3 2 2 0 3 1 0 0 0 0 0 4 0 0 0 0 Golf Center Pkwy - Ave 45 7 -0.23 42 0 0 2 3 2 2 2 1 2 0 0 0 0 1 3 0 1 0 1 Indio Blvd - 44th Ave 7 -0.21 17 0 0 1 0 6 1 2 1 1 2 0 0 0 0 4 0 2 0 0 Indio Blvd - Burr St 7 -0.23 27 0 0 1 2 4 4 1 0 1 1 0 0 0 0 0 0 0 0 0 Monroe St - Reynaldo Carreon School 7 0.13 27 0 0 1 2 4 2 1 3 0 1 0 0 0 0 3 0 0 0 1 Jefferson St - I-10 Ramps 7 -0.05 41 0 0 3 1 3 4 2 0 0 0 0 1 0 0 0 0 0 0 0 47th Ave - Cheyenne Rd 6 -0.23 21 0 0 1 1 4 3 0 1 0 2 0 0 0 0 2 0 0 0 0 Indio Bl - Civic Center Dr 6 -0.25 175 1 0 0 1 4 1 2 0 0 2 0 0 1 0 1 0 2 0 0 Miles Ave - Swingle Ave 6 -0.21 353 1 1 1 2 1 3 0 1 1 0 0 0 1 0 1 0 0 0 1 Burr St - Fred Waring Dr 6 -0.27 184 0 1 1 1 3 1 0 2 1 0 0 1 0 0 3 0 0 0 0 Monroe St - Ave 41 6 -0.12 190 0 1 1 2 2 4 0 1 0 1 0 0 0 0 1 0 0 0 0 Monroe St - 40th Ave 6 0.72 41 0 0 2 3 1 2 0 0 0 3 0 1 0 0 2 0 0 1 1 Jackson St - I-10 WB Ramps 6 0.16 21 0 0 0 3 3 4 1 1 0 0 0 0 0 0 1 0 1 0 0 Highway 111 - Indio Fashion Mall 6 0.34 26 0 0 1 2 3 0 0 4 0 0 0 0 1 0 2 0 0 0 0 40th Ave - Sun City Bl 6 2.48 26 0 0 1 2 3 3 1 1 1 0 0 0 0 0 4 0 0 0 0 Monroe St - Date Ave 5 -0.24 183 1 0 1 1 2 3 0 2 0 0 0 0 0 0 3 0 0 0 0 Jackson St - Date Ave 5 -0.25 183 0 1 1 1 2 2 2 0 0 1 0 0 0 0 1 0 1 0 0 Adams St - Ave 40 5 -0.24 35 0 0 2 2 1 4 0 0 0 1 0 0 0 0 3 0 0 0 0 Monroe St - Ave 49 4 -0.30 19 0 0 1 1 2 0 2 1 0 1 0 0 0 0 1 0 0 0 0 Jackson St - Ave 49 4 -0.30 19 0 0 1 1 2 1 1 0 2 0 0 0 0 0 0 0 0 0 0 Monroe St - Country Club Dr 4 -0.30 19 0 0 1 1 2 2 0 1 0 0 0 0 1 1 1 0 0 0 0 Ave 48 - Hjorth St 4 -0.30 14 0 0 0 2 2 0 1 2 0 1 0 0 0 0 2 0 1 0 0 Smurr St - Hwy 111 4 -0.26 168 0 1 0 0 3 1 2 0 0 0 0 0 0 0 3 0 1 0 0 Miles Ave - Madison St 4 -0.28 9 0 0 0 1 3 0 0 2 0 2 0 0 0 0 2 0 2 0 0 Jackson St - Dillon Ave 4 -0.30 14 0 0 0 2 2 1 0 1 0 0 0 1 1 0 0 0 1 1 0 Gore St - Ave 41 4 -0.26 9 0 0 0 1 3 3 0 1 0 0 0 0 0 0 3 1 1 0 0 Ave 38 - Adams St 4 -0.28 14 0 0 1 0 3 0 1 1 2 0 0 0 0 0 0 0 0 1 0 Hjorth St - Ave 50 3 -0.32 3 0 0 0 0 3 2 1 0 0 0 0 0 0 0 1 0 0 1 0 Shields Rd - Ave 48 3 -0.32 13 0 0 0 2 1 0 1 1 1 0 0 0 0 0 1 0 0 0 0 Van Buren St - Ave 48 3 -0.32 18 0 0 1 1 1 1 0 2 0 0 0 0 0 0 2 0 0 1 0 Jefferson St - Pebble Beach Dr 3 -0.32 8 0 0 0 1 2 0 0 3 0 0 0 0 0 0 3 0 0 0 1 Oasis St - Requa Ave 3 -0.27 8 0 0 0 1 2 3 0 0 0 0 0 0 0 0 1 0 0 0 0 Indio Blvd - Oasis St 3 -0.32 18 0 0 1 1 1 1 0 2 0 0 0 0 0 0 3 0 0 0 0 Dillon Rd - Ave 44 3 -0.25 13 0 0 1 0 2 1 2 0 0 0 0 0 0 0 0 0 1 1 0 Golf Center Pkwy - Indio Springs Dr 3 -0.32 3 0 0 0 0 3 0 1 0 1 0 0 1 0 0 0 0 2 0 0 Fred Waring Dr & Shopping Ctr e/o Jefferson St 3 -0.32 3 0 0 0 0 3 0 2 1 0 0 0 0 0 1 1 0 0 0 0 & 0
Arabia St & Garden Ave 6 0.18 6 0 0 0 2 4 2 0 0 1 3 0 0 0 0 1 0 4 0 0 Ave 46 & Shields Rd 6 0.38 6 0 0 1 1 4 0 0 0 4 2 0 0 0 0 1 0 2 0 0 Monroe St & Ave 46 6 0.10 6 0 0 1 1 4 0 1 2 1 1 0 0 2 0 3 0 2 0 0 Fargo St & Hwy 111 6 0.21 6 0 0 0 2 4 1 2 1 0 2 0 0 0 0 1 0 1 0 0 Shadow Palm Ave & Unnamed Rd 6 0.15 6 0 0 0 1 5 2 3 0 1 0 0 0 0 0 0 0 0 0 0 Hwy 111 & Youngs Ln 5 0.02 5 0 0 0 2 3 3 0 1 1 0 0 0 0 0 0 0 3 1 0 Calhoun St & Capricorn Ave 5 0.14 5 0 0 0 2 3 4 0 0 1 0 0 0 0 0 3 0 0 0 1 Calhoun St & Date Ave 5 0.10 5 0 0 1 1 3 2 0 1 0 2 0 0 0 0 2 0 0 0 0 King St & Hwy 111 5 0.35 5 0 0 0 2 3 0 2 1 1 1 0 0 0 1 1 0 0 0 0 Jackson St & Indio Blvd 5 0.02 5 0 0 1 2 2 0 0 1 0 3 1 0 0 0 1 0 2 0 0 Monroe St & Alley s/o Miles Ave 5 0.07 5 0 0 0 1 4 1 1 1 1 1 0 0 0 0 1 0 0 0 2 Indio Blvd & Smurr St 5 0.20 5 0 0 1 0 4 0 3 0 1 1 0 0 0 0 1 0 1 0 1 Clinton St & Francis Ave 5 0.18 5 0 0 1 1 3 1 1 1 1 0 0 1 0 0 2 0 0 0 0 Palo Verde St & Ave 45 5 0.09 5 0 0 0 3 2 2 1 0 1 1 0 0 0 0 0 0 0 0 0 Clinton St & Sirocco Ave 5 0.12 5 0 0 2 1 2 2 2 1 0 0 0 0 0 1 1 0 1 0 0 Yucca St & Ave 44 5 0.13 5 0 0 3 1 1 0 0 1 3 1 0 0 0 0 2 0 0 0 0 Circle Dr & Ave 44 5 0.09 5 0 0 1 1 3 1 1 1 2 0 0 0 0 0 0 0 2 0 1 43rd Ave & Monroe St 5 0.02 5 0 0 1 3 1 2 0 3 0 0 0 0 0 0 3 0 0 0 0 Indio Blvd & Madio St 5 0.04 5 0 0 0 2 3 2 2 0 1 0 0 0 0 0 1 0 0 0 1 Ave 48 & Keaton Way 4 0.08 4 0 0 1 3 0 1 2 1 0 0 0 0 0 0 1 0 1 0 0 Van Buren St & Corregidor Ave 4 0.12 4 1 0 0 1 2 1 1 1 0 0 0 0 1 0 2 0 0 0 0 Jackson St & Lexington Ave 4 0.10 4 0 0 0 2 2 1 0 2 0 1 0 0 0 0 1 0 1 0 0 Calhoun St & Vecino Way 4 0.13 4 0 0 1 3 0 0 1 2 0 0 0 0 1 0 2 0 1 1 0 3 / 4
11/17/2021

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 187 of 1319 Intersection Crashes Local CCR Differential1 EPDO
2 Fatal Serious Injury Other Visible Injury Complaint of Pain PDO Broadside Sideswipe Rear End Head On Hit Object Overturned Other Pedestrian Bicycle Aggressive Distracted Impaired Dark Wet Monroe St & Las Palmas Rd 4 0.08 4 0 0 1 1 2 1 0 0 1 1 0 1 1 0 1 0 1 0 0 Arabia St & Plaza Ave 4 0.11 4 0 1 1 1 1 1 1 0 0 0 0 2 1 1 0 0 1 0 0 Calhoun St & Peach St 4 0.08 4 0 0 2 1 1 1 1 2 0 0 0 0 0 0 2 0 0 0 0 Indio Bl & Shopping ctr e/o Hwy 111 4 0.19 4 0 0 1 1 2 1 0 1 1 1 0 0 0 1 0 0 1 0 0 Salton St & Hwy 111 4 0.06 4 0 0 0 2 2 0 0 0 1 3 0 0 0 0 1 0 1 0 0 Clinton St & Capistrano Gate 4 0.17 4 0 0 0 1 3 0 1 1 2 0 0 0 0 0 2 0 1 0 0 Golf Ctr Pkwy & Alley n/o Highway 111 4 0.01 4 0 0 0 1 3 0 1 2 0 1 0 0 0 0 3 0 1 0 0 King St & Bliss Ave 4 0.09 4 0 0 0 2 2 2 0 2 0 0 0 0 0 0 1 0 0 0 0 Miles Ave & Sun Gold St 4 0.04 4 0 0 1 3 0 2 0 0 1 0 0 0 1 0 2 0 0 0 0 Ave 44 & Market St 4 0.09 4 0 0 1 1 2 2 0 0 0 2 0 0 0 0 1 0 1 0 0 Deglet Noor St & Ave 44 4 0.17 4 0 0 1 0 3 1 2 1 0 0 0 0 0 0 0 0 1 0 0 Smurr St & Ave 44 4 0.14 4 0 0 0 1 3 3 0 0 1 0 0 0 0 0 0 0 0 0 0 Ocotillo Ave & el Paseo Ave 4 0.09 4 0 1 1 0 2 1 0 0 2 0 0 1 0 0 0 0 1 0 0 Kenner Ave & King St 4 0.11 4 0 1 0 0 3 0 2 0 0 2 0 0 0 0 0 0 1 0 0 Kenner Ave & Oasis St 4 0.11 4 0 0 0 0 4 1 1 1 1 0 0 0 0 0 0 1 0 0 0 Towne St & Kenner Ave 4 0.09 4 0 1 0 2 1 1 0 2 1 0 0 0 0 0 2 0 2 1 0 Arabia St & Oleander Ave 4 0.08 4 0 0 0 0 4 1 0 1 0 2 0 0 0 0 2 0 1 0 0 43rd Ave & Indio Blvd 4 0.01 4 0 0 0 2 2 0 0 1 1 2 0 0 0 0 1 0 0 0 0 Jackson St & 43rd Ave 4 0.07 4 0 0 0 2 2 0 0 4 0 0 0 0 0 0 3 0 0 0 0 Jackson St & Ave 43 4 0.03 4 0 0 0 3 1 0 0 4 0 0 0 0 0 0 4 0 0 0 0 Via Estacio & Ave 49 3 -0.01 3 0 0 1 1 1 2 0 0 0 1 0 0 0 0 1 0 0 0 0 de Coronado Dr & Ave 48 3 0.01 3 0 0 0 1 2 1 0 1 0 1 0 0 0 0 0 0 1 0 0 Ave 48 & Desert Grove Dr 3 0.03 3 0 0 0 3 0 1 0 0 2 0 0 0 0 1 0 0 0 0 0 Monroe St & Milpita Ct 3 0.03 3 0 0 0 1 2 2 1 0 0 0 0 0 0 0 0 0 0 0 0 Monroe St & Sundance Gate 3 0.02 3 0 0 0 1 2 1 0 0 1 0 0 1 0 1 0 0 0 0 0 Austin Dr & Ave 48 3 0.09 3 0 0 1 0 2 0 1 0 0 2 0 0 0 0 0 0 0 0 0 Taft St & Phoenix St 3 0.05 3 0 0 0 0 3 0 0 1 1 1 0 0 0 0 0 0 2 0 0 Jackson St & Via Venecia 3 0.04 3 0 0 0 0 3 2 0 0 0 1 0 0 0 0 0 0 1 0 0 47th Ave & Janet Ave 3 0.03 3 0 0 0 2 1 1 0 0 1 0 0 0 1 0 0 0 0 0 0 Bristol St & 47th Ave 3 0.06 3 0 0 1 1 1 1 1 1 0 0 0 0 0 0 1 0 0 0 0 Jackson St & Plaza Ave 3 0.01 3 0 0 0 0 3 0 0 0 0 3 0 0 0 0 1 0 0 0 0 Aladdin St & Ave 46 3 0.01 3 0 0 1 0 2 1 1 0 0 0 0 0 1 0 0 0 0 0 0 Ave del Mar & Ave 46 3 0.02 3 0 0 0 1 2 0 1 0 1 1 0 0 0 0 0 0 1 0 0 Old Hwy 111 & Ave 46 3 0.08 3 0 0 0 2 1 1 0 1 0 0 0 1 0 0 2 0 0 0 0 Flower St & Old Hwy 111 3 0.03 3 0 1 0 0 2 1 0 0 2 0 0 0 1 0 0 0 0 0 1 Aladdin St & Apartments 3 0.03 3 0 0 0 1 2 2 1 0 0 0 0 0 0 0 0 0 0 0 0 Golf Center Pkwy & Indio Blvd 3 0.00 3 0 0 2 0 1 0 1 1 0 1 0 0 0 0 1 0 0 0 0 Park St & Requa Ave 3 0.09 3 0 0 0 1 2 0 0 1 0 1 0 0 0 1 1 0 0 1 0 Grace St & Requa Ave 3 0.01 3 0 0 0 0 3 1 1 0 1 0 0 0 0 0 0 0 0 0 0 Sun Gold St & Bliss Ave 3 0.07 3 0 0 1 0 2 0 0 1 1 1 0 0 0 0 0 0 1 0 0 Paseo Real Ave & Monroe St 3 0.03 3 0 0 0 1 2 0 0 2 0 1 0 0 0 0 3 0 0 0 1 Swingle Ave & Francis Ave 3 0.03 3 0 0 0 2 1 1 1 0 1 0 0 0 0 0 1 0 1 0 0 Indio Blvd & Towne St 3 0.06 3 0 0 0 1 2 2 0 0 0 1 0 0 0 0 0 0 0 0 0 Jackson St & Lupine Ave 3 0.02 3 0 0 0 0 3 2 0 0 1 0 0 0 0 0 0 0 0 0 0 Palm St & Valencia Ave 3 0.05 3 0 0 0 0 3 0 1 0 1 0 0 1 0 0 1 0 0 0 0 Indio Blvd & Biskra St 3 0.01 3 0 0 1 0 2 1 0 1 0 1 0 0 0 0 1 0 1 0 0 Jackson St & Ruby Ave 3 0.04 3 0 0 0 1 2 0 0 0 2 0 0 1 0 0 0 0 0 0 0 Fred Waring Dr & Caravan Way 3 -0.01 3 0 0 0 3 0 1 0 0 1 1 0 0 0 0 2 0 0 0 1 Sola St & Ave 44 3 0.05 3 0 0 1 0 2 2 0 0 1 0 0 0 0 0 0 0 1 0 0 Burr St & Liberia Pl 3 0.04 3 0 0 0 0 3 0 0 2 1 0 0 0 0 0 1 0 1 0 0 44th Ave & Adobe Rd 3 0.05 3 0 0 0 0 3 2 0 0 0 1 0 0 0 0 2 0 2 0 0 4 / 4
11/17/2021

Adoption of the City of Indio Local Roadway Safety Plan (Timothy T. Wass... Page 188 of 1319 City of Indio
City Council
April 20, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Mike Washburn, Chief of Police
Subject: Accept a Fiscal Year 2021 State Homeland Security Program (SHSP) grant in the amount of $209,235 and Adopt Resolution No. 10273 designating and authorizing the City Manager or his designee to execute the necessary grant documents on behalf of the City of Indio.

RECOMMENDATION:

Accept a Fiscal Year 2021 State Homeland Program (SHSP) grant in the amount of $209,235, and adopt Resolution No. 10273 authorizing the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio.

SUMMARY:

The purpose of this item is to accept a Fiscal Year 2021 State Homeland Security Program (SHSP) grant award in the amount of $209,235 from the California Office of Emergency Services (CalOES) to purchase interoperable public safety equipment and adopt Resolution No. 10273 authorizing the City Manager or his designee to execute all necessary grant documents on behalf of the City of Indio. The awarded grant funds will be incorporated into next fiscal year's budget.

BACKGROUND INFORMATION:

The State Homeland Security Program (SHSP) seeks to assist state, local, tribal and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.

In 2021, the City of Cathedral City submitted a FY21 State Homeland Security Program (SHSP) grant application on behalf of Eastern Riverside County Interoperable Communications Authority (ERICA) agencies for interoperable public safety equipment. The California Office of Emergency Services (CalOES) has approved Riverside County's FY21 SHSP application and, as a grant subrecipient, the City of Indio has been awarded $209,235 to purchase interoperable communications equipment.

Specifically, the Police Department is seeking approval to use the awarded funds to purchase handheld and mobile radios, enhancing our agency's interoperable communications and disaster preparedness efforts. In addition, the proposed purchase of new radio equipment will support the City's transition over to the County's Public Safety Enterprise Communications (PSEC) system.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
AGENDA ITEM #8.8
Accept a Fiscal Year 2021 State Homeland Security Program (SHSP) grant i... Page 189 of 1319 Current FY General
Fund Impact:
$0.00 Budget adjustment: N/A
Next FY Financial
Impact:
$209,235 Strategic Objective: Public Safety
Source of funds: State Homeland Security
Program (SHSP)
Fund-Org-Object
Reference:
227-various
Additional Financial Details:

The City of Indio's FY21 State Homeland Security Program (SHSP) grant allocation is $209,235.

The grant performance period is two years and funds are awarded on a reimbursable basis. The grant does not require matching funds. The funds will be incorporated into next fiscal year's budget.

ATTACHMENTS:

Attachment 1: FY21 SHSP City Resolution
Attachment 2: FY21 SHSP Award Letter
Attachment 3: FY 2021 HSGP Standard Assurances
APPROVAL(S):

Mike Washburn, Chief of Police Approved - 05 Apr 2022
Roxanne Diaz, City Attorney Approved - 05 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022

Accept a Fiscal Year 2021 State Homeland Security Program (SHSP) grant i... Page 190 of 1319 1 RESOLUTION NO. 10273

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, DESIGNATING AND AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO EXECUTE APPLICATIONS AND

DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL

FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL

DEPARTMENT OF HOMELAND SECURITY AND SUB-GRANTED

THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF
RIVERSIDE.

WHEREAS, the City Council of the City of Indio is adopting Resolution No. 10273 designating and authorizing the City Manager or his designee to execute said applications and documents; and
WHEREAS, the California Governor’s Office of Emergency Services (CalOES) requires that the Indio City Council adopt a resolution in order to be eligible to apply for and receive federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and the County of Riverside Emergency Management Department; and
WHEREAS, the City of Indio desires to continue to accept State Homeland Security Program (SHSP) funds for grant years 2021 and 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the City Manager, Finance Director, or designee are hereby authorized to execute and submit for and on behalf of the City of Indio, a local government established under the laws of the State of California, applications and other related documents for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub-granted through the State of California.

Section 2. That this authorization shall be in effect for the duration of Fiscal Year 2021 and Fiscal Year 2022 grant periods of the State Homeland Security Program. / / /
/ / /
/ / /
/ / /

Accept a Fiscal Year 2021 State Homeland Security Program (SHSP) grant i... Page 191 of 1319 2 PASSED, APPROVED AND ADOPTED this 20th day of April, 2022. _____________________________________

WAYMOND FERMON
MAYOR
ATTEST:
________________________________

CYNTHIA HERNANDEZ, CMC

CITY CLERK

Accept a Fiscal Year 2021 State Homeland Security Program (SHSP) grant i... Page 192 of 1319 450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOPHEPR.ORG ♦ TDD: 951.358.5124 Bruce Barton, Director
Emergency Management Department
February 17, 2022
City of Indio
Bryan H. Montgomery, City Manager
Erika Martinez, Administrative Services Manager
RE: FY21 State Homeland Security Program Grant (SHSP) Award - $209,235.00 Grant #2021-0081 CFDA#: 97.067
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY21 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests as of 2/17/2022.

The grant cycle for this grant will end on May 31, 2023. All final reimbursement requests are due no later than June 10, 2023.

Upon approval of pending paperwork this letter serves as authorization to begin spending and requesting reimbursement of your Anti-Terrorism Approval Authority (ATAA) approved projects. In an effort to ensure that all awarded funds are expended the State is requiring that reimbursement requests should be made at least every 6 months. Expenses for equipment should be completed within the first 8 months after receiving this award letter. Training must be completed or scheduled within the first year of this grant. Under extenuating circumstances some exceptions may be approved. Full Expenditure of the awarded funds is expected.

Riverside County Operational Area may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

Riverside County EMD does require you to provide a signed FY21 Grant Assurance and completed and signed Workbook Face-Sheet as soon as possible. Modifications and Reimbursement Requests cannot be processed until we receive these documents. Please remember that changes to your grant will require the approval of the OA prior to incurring any costs.

All modifications, EHP’s, sole source procurement, EOC and construction requests require additional approvals from CalOES through the OA prior to incurring any costs.

By accepting this award, it is understood that you are agreeing to comply with all applicable federal, state, and local requirements of the grant as put forth in the FY21 Grant Assurances, federal and state guidances, and all provisions of 2 CFR 200 including part F- “Audit Requirements”. Any funds found owed as a result of a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.

As always, please feel free to contact us with any questions you may have. I look forward to working with you and appreciate your cooperation and support.

Regards,
Joe Barron
Administrative Services Analyst II
Riverside County EMD

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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness GrantsManual;
(d) California Supplement to the NOFO;
(e) Federal and State Grant Program Guidelines; and
(f) Riverside County Supplement to the NOFO.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees tocomply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so.

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This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

3. Lobbying and PoliticalActivities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperativeagreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with itsinstructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

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Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the awarding agency.

4. Debarment andSuspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department oragency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal EmploymentOpportunity
The Applicant will comply with all federal statutes relating to non-discrimination.

These include, but are not limited to, the following:

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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program oractivity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis ofage;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or nationalorigin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of governmentcontractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made;and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.

In addition to the items listed in (a) through (m), the Applicant will comply with California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.

6. Drug-FreeWorkplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surfacewaters;

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(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic riverssystem.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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8. Audits
For subrecipients expending $750,000 or more in combined federal grant funds annually, the Applicant will be required to submit financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with thisprovision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. The Applicant is required to report to Riverside County Operational Area (RivCO OA) the progress of their funded programs on a quarterly basis (January 1, April 1, July 1, October 1).

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower

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protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program

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and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.

In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.

The United States has the right to seek judicial enforcement of these obligations.

22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

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23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistanceawards.

26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

27. Energy Policy and ConservationAct
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

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29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

31. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.

32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

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34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

37. Use of DHS Seal, Logo, andFlags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCo OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as notedabove.

RivCo OA may reduce, suspend or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend funding.
• Failure to expend at least 90% of award could affect future funding.

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• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process • Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

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IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for RivCO OA, Cal OES or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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City Council
April 20, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Approval of a Building Lease Agreement with Gabino’s Creperie for the property located at 82-868 Miles Avenue, and finding of conformity with the General Plan
RECOMMENDATION:

Approve the lease with Gabino’s Creperie, Inc. for the property located at 82-868 Miles Avenue, and authorize the City Manager to negotiate and execute the lease in the form approved by the City Manager and City Attorney, and authorize the City Manager to execute all documents necessary to complete the lease, and find that the lease is in conformance with the General Plan.

SUMMARY:

The Downtown Specific Plan created the blueprint for the revitalization of Downtown. The proposed lease is consistent with this long-range planning document and will stimulate new investment, create new jobs and generate additional sales tax and property tax revenues for the community.

BACKGROUND INFORMATION:

Our Downtown is experiencing a renaissance period of growth and prosperity. A lot is happening behind the scenes to revitalize the Downtown including, activating empty storefronts, cleaning up the public realm (appearance and cleanliness), facade improvements and painting buildings on Miles Ave and Oasis Street, recruitment of brewery’s, entertainment, restaurants, and creating an exciting outdoor “family room” multipurpose event space to be located at the southwest Miles Ave and Smurr Street. The vision for the outdoor multi-use a space for the community to gather and spend time with family and friends to enjoy food, live music, lectures, performances, movies, and fitness classes. Also happening downtown is the significant investment being made by the College of the Desert.

One of the goals of the Downtown Specific Plan is to build upon and take advantage of Indio’s internationally-known festivals that bring over 1.2 million visitors to our community (locally, regionally, and internationally), which provides great opportunities for visitors from around the world to discover Downtown Indio. By the coordinated design, programming, and district branding of the Downtown— including public realm improvements to create high-quality public gathering spaces—Downtown Indio will become one of the premier event venues of the city and the region.

In December of last year, the City received a Letter of Intent (LOI) and business plan from Gabino’s Creperie, Inc., which is a restaurant that specializes in the making of non-traditional crepes. The proposed use is to create a craft creperie to support the community and economy, creating the best customer experience and service. Whether through social media or visiting local businesses and AGENDA ITEM #8.9
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In January 2022, the City Council authorized staff to negotiate a lease of the City-owned property located at 82-868 Miles Avenue. The property consists of a one-story building located on Miles Avenue west of Smurr Street, and includes a total of 2,000 square foot building and 2,000 SF on the outdoor area adjacent to the building shown on Exhibit A to the Lease. Since that time, staff has negotiated the attached Building Lease Agreement.

In terms of the General Plan, the property on Miles is within the Downtown Specific Plan zoned Downtown-Core (DT-C) characterized by lively, pedestrian-oriented retail and restaurant uses. Goal ED-7 of the General Plan states that an economic development goal is to have “A City with the destination hospitality, retail, and entertainment opportunities to meet the needs of visitors and residents.” Additional restaurant hospitality uses will conform to such goal as part of the City economic development strategy. Accordingly, the proposed lease is consistent with the General Plan and staff recommends that the City Council find that the lease of the property is in conformance with the General Plan.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$150,000 In current year budget: Yes
Current FY General
Fund Impact:
$0 Budget adjustment: No
Next FY Financial
Impact:
$0 Strategic Objective: Downtown & Hwy 111
Revitalization
Source of funds: ARPA Fund-Org-Object
Reference:
241
Additional Financial Details:

The salient terms of the Building Lease Agreement are as follows:

Premises: The building located at 82-868 Miles Avenue. The property consists of a one-story building located at the hard corner of Miles Avenue and Oasis Street, and includes a total of 2,000 square foot building and outdoor area of approximately 2,000 square feet (the “Building”).

Permitted Use of Premises: The Premises shall open and be used solely for the operation of a commercial kitchen and specialty restaurant namely a craft creperie with an outdoor landscaped seating area to be open a minimum of 6 days a week.

Lease Term: The term of the Agreement is five (5) years.

Rent Commencement Date: When the Landlord delivers the keys to the tenant.

Rent: The rent shall be $1,000.00 per calendar month during the Term, prorated for any partial calendar month in the Term; however, for so long as Tenant operates its business in the Premises, the rent shall be forgiven.

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Condition of Premises: Tenant is accepting the Premises in their current “as-is” condition, without representation or warranty, express or implied.

Tenant Improvements: The list of Tenant improvements are set forth in Exhibit B to the Lease and includes two types of improvements. The first are the Tenant’s initial improvements that are paid for by the Tenant with their own capital. The second type of improvements are those paid for with the tenant improvement allowance. All tenant improvements are subject to review and approval by the City.

Prevailing Wages: In making the tenant improvements, the Tenant shall comply with the prevailing wage laws.

Possessory Interest Taxes and Utilities: Tenant shall be responsible for the payment of all real property taxes on Tenant’s possessory interest, and all charges for gas, electricity, telephone service, water, sewer service, trash removal and other utilities and services furnished to the Property during the Term.

Tenant Improvement Allowance: Landlord is providing the Tenant with a tenant improvement allowance of One-Hundred and Fifty Thousand Dollars ($150,000) that will be utilized for the actual costs of design and construction of certain Improvements as described in Exhibit B.

ATTACHMENTS:

Attachment A
APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 11 Apr 2022 Roxanne Diaz, City Attorney Approved - 14 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022

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BUILDING LEASE

CITY OF INDIO,
as Landlord
and
GABINO’S CREPERIE, INC.
as Tenant

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LEASE
This Lease (“Lease”) is entered into as of the “Effective Date” (as defined in Section 1.1 below) by and between “Landlord” and “Tenant” (each as defined in Sections 1.2 and 1.3 below).

ARTICLE 1

BASIC LEASE PROVISIONS

1.1 Effective Date. April _____, 2022.

1.2 Landlord. City of Indio, a California municipal corporation.

1.3 Tenant. Gabino’s Creperie, Inc., a California corporation.

1.4 Premises. The land described on Exhibit “A” attached hereto, which has a street address of 82868 Miles Avenue and all improvements thereon.

1.5 Term. The term of this Lease is for five (5) years, commencing on the Term Commencement Date described in Section 1.6, and ending five (5) calendar years thereafter.

1.6 Term Commencement Date. The Term Commencement Date shall be date on which the Landlord tenders delivery of keys to the Premises to Tenant. The Term Commencement Date shall be memorialized by a letter from the Landlord to Tenant in notice in the form attached hereto as Exhibit D.

1.7 Conditional Base Rent. The rent shall be $1,000.00 per calendar month during the Term, prorated for any partial calendar month in the Term; however for so long as Tenant operates its business in the Premises, the rent shall be forgiven. As used in this Lease, the phrase “operates its business in the Premises” means diligently proceeding with the construction of the improvements as described in Article 4 and Article 5 in addition to operating the business at the Premises in the manner described in Section 8.2.

1.8 Security Deposit. $3,000, which shall be subject to Article 7. Tenant shall pay the Security Deposit to Landlord on the date Tenant signs and delivers a counterpart of this Lease to Landlord.

1.9 Use of Premises. The Premises shall open and be used solely for the operation of a commercial kitchen and specialty restaurant namely a craft creperie with an outdoor landscaped seating area to be opened a minimum of 6 days a week.

1.10 Notices.

To Landlord: City of Indio
100 Civic Center Mall,
Indio, CA 92201
Attn: City Manager

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To Tenant:

Gabino’s Creperie
170 E. Palm Canyon, #4
Palm Springs, California 92264
Attention: Marcel Ramirez

1.11 Tenant Improvement Allowance. $150,000 which shall be governed by Article 6.

ARTICLE 2

PREMISES

2.1 Lease of Premises. Landlord leases to Tenant and Tenant leases from Landlord, for the “Term” (as defined in Article 3) and upon the covenants and conditions set forth in this Lease, the premises described in Section 1.4 (“Premises”).

ARTICLE 3
TERM

3.1 Term. The term of this Lease shall commence upon the Term Commencement Date, and shall end on the date described in Section 1.5. Such term is referred to in this Lease as the “Term.” ARTICLE 4

POSSESSION AND INITIAL IMPROVEMENTS

4.1 Delivery of Possession. Landlord shall deliver possession of the Premises on the Term Commencement Date.

4.2 Tenant’s Initial Improvements. Tenant shall diligently prosecute submission of each of the following to Landlord, and in all events shall deliver each of the following to Landlord prior to the commencement of Tenant’s Initial Improvements (as defined in Exhibit “B”: (a) “Final Approved Plans” (as defined in Exhibit “B”) (b) a copy of Tenant’s building permit, if issued by such date; and (c) executed copies of policies of insurance or certificates thereof (as required under Article 12). Tenant shall diligently prosecute Tenant’s Initial Improvements to completion. In making the Tenant Initial Improvements, Tenant shall comply with all applicable laws, including prevailing wage laws (California Labor Code Sections 1720 et seq.) and shall defend, indemnify and hold Landlord harmless from and against any and all claim, liabilities, losses, damages, costs and expenses arising from any failure by Tenant to pay prevailing wages or otherwise comply with the provisions of the California Labor Code and all applicable laws and regulations with respect

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to prevailing wages. In addition, Tenant shall provide Landlord a list of the Tenant’s Initial Improvements with sufficient detail (manufacturer, quantity, invoices, etc.) to be approved by Landlord, so that Landlord can undertake the evaluation at the termination of the lease as further described herein. Once the final list of Tenant’s Initial Improvements is approved by the Landlord, that list shall be incorporated herein as part of Exhibit B.

4.3 Completion of Work. Tenant shall complete the Tenant Initial Improvements by the Improvement Completion Date defined in Section 5.1. Tenant shall deliver to Landlord a copy of the certificate of occupancy for the Premises issued by the appropriate governmental agency upon completion of Tenant’s Initial Improvements. Unless identified as by Landlord as having to be removed prior to Lease termination pursuant to Section 19.4, or if Landlord elects and provides written notice to Tenant that the Tenant Initial Improvements shall be demolished and removed by Tenant from the Premises at Tenant’s sole expense, all of Tenant’s Initial Improvements including, but not limited to, light fixtures, floor coverings and partitions, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord upon installation thereof.

If Tenant makes any improvements to the Premises that are approved by the Landlord (whether such improvements are the Tenant Initial Improvements or the Improvements as described in Section 5.1) and the cost of such improvement is paid for by Tenant (and not the allowance as described in Section 1.11 above), and the useful life of such improvements, as reasonably determined by Landlord, exceed the end of the Term, then upon the expiration of the Term, Landlord shall reimburse Tenant for a portion of the cost incurred by Tenant to construct such improvements as follows: Landlord shall determine and pay for the unamortized cost of the improvements made by Tenant to the Premises. Such unamortized portion shall be determined by amortizing the cost of such improvements, on a straight line basis, over the period from their completion to the end of the period of their reasonably estimated useful life, as determined in good faith by Landlord (the unamortized portion of the costs would be the portion of such costs allocable to the period from the expiration or earlier termination of this Lease, to the end of the period of estimated useful life).

4.4 Condition of Premises. Tenant acknowledges that: (i) neither Landlord nor any employee, representative or agent of Landlord has made any representation or warranty (express or implied) with respect to the Premises or any other portion of the Premises, and (ii) Landlord shall have no obligation to improve or alter the Premises or the Premises for the benefit of Tenant. Tenant acknowledges that Tenant has thoroughly inspected the Premises and Tenant shall accept the Premises in their current “AS-IS” condition, without representation or warranty, express or implied.

4.5 Construction-Related Accessibility Standards. The Premises have not been inspected by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the Premises and determine whether the Premises comply with all of the applicable constructionrelated accessibility standards under state law. Although state law does not require a CASp inspection of the Premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the Premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of

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construction-related accessibility standards within the premises. In that regard, the parties agree that in the event Tenant requests a CASp inspection, Tenant shall pay any such inspection fees and the cost of making any such repairs.

ARTICLE 5

CONSTRUCTION OF IMPROVEMENTS

5.1 Construction of Tenant Improvements. Tenant, at its sole cost and expense (subject to Section 5.2 below), promptly after the Term Commencement Date, shall commence and diligently pursue the obtaining of all necessary licenses and permits for, and the completion of the work described in Exhibit B, which said work is to be paid for with the Tenant Improvement Allowance (the “Improvements” or “Work”) all in accordance with all the terms and conditions of this Article 5, provided, however, that Tenant must first deliver preliminary plans and specifications for such Improvements to Landlord for Landlord’s approval. Landlord shall have the sole discretion to approve or disapprove such plans and specifications within 10 business days from receipt. Any other improvements or alterations (including deviations from the approved plans) shall require Landlord’s prior written consent. In addition, Tenant shall provide Landlord a list of Improvements that shall be sufficiently detailed (manufacturer, quantity, invoices, etc.) so that Landlord can review and approve the exact Improvements that will be constructed and/or installed with the Tenant. Once the final list of Improvements is approved by the City, that list shall be incorporated herein as part of Exhibit B. Tenant’s failure to complete, or delay in completing, any such improvements shall not extend the Improvement Completion Date as defined herein. All Improvements shall be subject to obtaining all required governmental permit and approvals.

Tenant shall diligently prosecute such construction to completion no later than 6-8 months after the Term Commencement Date (“Improvement Completion Date”) and shall open the Premises for business no later than the Improvement Completion Date, unless the Improvement Completion Date is extended by the City Manager in his discretion.

5.2 Tenant Improvement Allowance. Landlord shall pay Tenant the sum of One-Hundred and Fifty Thousand Dollars ($150,000) that will be utilized for the actual costs of design and construction of the Improvements as described in Exhibit B (the “Tenant Improvement Allowance”). In no event shall any unused portion of the Tenant Improvement Allowance be paid to Tenant or credited against any obligation payable by Tenant under this Lease.

Landlord shall disburse the Tenant Improvement Allowance not more often than once every thirty (30) days, within 15 days after Tenant delivers a written request to Landlord for payment describing the applicable work completed by Tenant for which the funds are requested (together with reasonable additional supporting documentation showing the costs for the Improvements to be paid/reimbursed), subject to the satisfaction of the following conditions:
(a) All building permits for the applicable Improvements have been issued by the applicable governmental authorities and copies of such building permits have been delivered to Landlord;
(b) Tenant has submitted to Landlord (i) all invoices for that portion of the Improvements for which payment is requested and proof of payment, as applicable; and (ii)

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appropriate conditional lien releases and waivers from any and all contractors and materialmen that provided services or installed supplies to or for the account of Tenant (unconditional as to any work for which a disbursement of the Tenant Improvement Allowance was previously made); (c) Tenant has completed that portion of the Improvements described on the invoices submitted for which the installment payment is requested; and (d) No default by Tenant has occurred and is continuing.

Landlord shall be entitled to hold back as “retainage” ten percent (10%) of each requested installment for the hard costs of the Improvements.

Landlord shall pay a final payment of the Tenant Improvement Allowance equal to the retainage within thirty (30) days after Landlord’s receipt of Tenant’s written request thereof, together with documentation sufficient (in Landlord’s reasonable determination) to establish that items (a) through (f) below have been satisfied:
(a) All required inspections of the Improvements by the applicable governmental agencies have taken place and the completed work have passed all such inspections; (b) Tenant has completed the Improvements described on the invoices submitted; (c) Tenant has received certificate(s) of occupancy for the Improvements; (d) Tenant has submitted to Landlord (i) all invoices and proof of payment for all of the Improvements evidencing expenditures by Tenant of any amount equal to or greater than the amount of the Tenant Improvement Allowance; and (ii) appropriate final lien releases and waivers, conditioned only upon final payment of the applicable sum specified therein, from any and all contractors and materialmen which provided services or installed supplies to or for the account of Tenant with respect to the Improvements;
(e) No default by Tenant has occurred and is continuing; and (f) Tenant has provided to Landlord two (2) sets of as-built plans and a disk with an electronic file (including both PDF and Computer Aided Design [“CAD”] electronic versions) of all the Improvements.

Within thirty (30) days after Landlord’s final payment of the Tenant Improvement Allowance, Tenant shall submit to Landlord final, unconditional lien releases and waivers from any and all contractors and materialmen which provided services or installed supplies to or for the account of Tenant with respect to the Improvements.

5.3 Construction Contracts. All Improvements and any alterations thereto shall be performed only by competent and qualified contractors duly licensed under the laws of the State of California pursuant to written contracts with such contractors.

5.4 Landlord Has No Responsibility. It is expressly acknowledged and agreed that Landlord shall have no responsibility for performing any work in connection with processing of necessary

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approvals or for performing any work to the Premises in order to prepare the Premises for construction by Tenant, and that all work shall be performed by Tenant at Tenant’s sole cost and expense. Notwithstanding the foregoing, Landlord agrees to provide reasonable cooperation with Tenant’s processing of necessary approvals for the work in the Premises, including by signing documents as the owner of the Premises or by participating in meetings with governmental officials if required by such officials.

5.5 Compliance with Law and Quality and Insurance. Tenant shall cause all Work (a) in a workmanlike manner with only new and high quality building materials, (b) in compliance with all applicable building codes and other applicable laws, ordinances, regulations, and orders of all federal, state, county, and local governmental agencies or entities having jurisdiction over the Property, and (c) in compliance with all applicable insurance requirements. Without limiting the generality of the foregoing provisions, Tenant shall not permit any component of any Work to be commenced until all building permits and other governmental permits, licenses and approvals required in connection with such component of the Work have been issued. In addition, Tenant shall carry “Builder’s All Risk” insurance in an amount reasonably determined by Landlord covering the construction of the Improvements and such other insurance as Landlord may reasonably require during construction.

5.6 Notices of Non-responsibility. Landlord shall, at any and all times during the Term, have the right to post and maintain on the Premises and to record as required by law any notice or notices of non-responsibility provided for by the mechanics’ lien laws of the State of California. Tenant shall give Landlord not less than thirty (30) days’ written notice prior to the commencement of any work (including site preparation work) or the delivery of building materials to the Premises.

5.7 Mechanics’ Liens. At all times during the Term, Tenant shall keep the Premises and all building and improvements now or hereafter located on the Premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises. In case of any such lien attaching or notice of any lien, the Tenant covenants and agrees to cause it to be immediately released and removed of record or the Landlord, at its sole option, may immediately take all action necessary to release and remove such lien and the Tenant shall upon demand reimburse the Landlord for all costs involved therewith. Should Tenant fail to pay and discharge or cause the Premises to be released from any such lien or claim of lien within thirty (30) days after service on Tenant of written request from Landlord to do so, Landlord may pay, adjust, compromise and discharge any such lien or claim of lien on such terms and manner as Landlord may deem appropriate. In such event, Tenant shall, on or before the first day of the next calendar month following any such payment by Landlord, reimburse Landlord for the full amount paid by Landlord in paying, adjusting, comprising, and discharging such lien or claim of lien, including any attorneys’ fees and other costs expended by Landlord, together with interest as provided in Section 20.5 from the date of payment by Landlord to the date of repayment by Tenant.

5.8 Notice of Completion. Upon completion of the Improvements, the Tenant agrees to cause a Notice of Completion to be recorded in the Riverside County Recorder’s Office in accordance with Section 3093 of the California Civil Code or any successor statute, and the Tenant shall deliver to the Landlord a reproducible copy of the “as built” drawings of the Improvements accompanied by a certificate signed by Tenant’s architect and a Certificate of Occupancy from the applicable public authority.

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5.9 Title of Improvements. Any and all improvements placed or erected on the Premises as well as any and all other alterations, additions, improvements and fixtures (except for improvements that are excluded from the Premises and also except for Tenant’s furniture and trade fixtures) made or placed in or on the Premises by Tenant shall be considered part of Premises, and shall remain on the Premises on the expiration or any earlier termination of this Lease shall become the sole property of Landlord or, if Landlord so elects and upon written notice to Tenant, shall be demolished and removed by Tenant from the Premises at Tenant’s sole expense. Tenant shall not remove any improvements from the Premises, commit or permit any waste, or destroy or modify any improvements on the Premises except as expressly permitted by this Lease.

5.10 Landlord Approval of Plans. No approval by Landlord of any plans or specifications shall constitute (i) approval of architectural or engineering sufficiency or representation, or (ii) warranty by Landlord as to the adequacy or sufficiency of the plans and specifications or the improvements contemplated for Tenant’s use or purpose. Landlord, by approving the plans and specifications, assumes no responsibility or liability for any defect in any improvements constructed on the basis of the plans and specifications.

5.11 Prevailing Wages. In making any approved Improvements or alterations, Tenant shall comply with all applicable laws, including prevailing wage laws (California Labor Code Sections 1720 et seq.) and shall defend, indemnify and hold Landlord harmless from and against any and all claim, liabilities, losses, damages, costs and expenses arising from any failure by Tenant to pay prevailing wages or otherwise comply with the provisions of the California Labor Code and all applicable laws and regulations with respect to prevailing wages.

ARTICLE 6

RENT AND TAXES

6.1 Rent. Tenant shall pay the Rent specified in Section 1.7 in monthly installments, on or before the last day of each month, without prior demand and without offset, abatement or deduction, commencing on the Term Commencement Date as defined in Section 1.6. Should the date on which rent commences be a day other than the first (1st) day of a calendar month, then the monthly installment of Rent for the first partial month shall be prorated based on a 30-day month.

6.2 Late Payments. If any rent, or any other sum due, is not received by Landlord from Tenant within ten (10) business days after the date when due, Tenant shall immediately pay to Landlord a late charge equal to five percent (5%) of such sum due, and Landlord and Tenant agree that this late charge represents a reasonable estimate of the direct and indirect costs, expenses and damages Landlord will incur as a result of Tenant’s late payment (which damages would be impractical and extremely difficult to calculate accurately) and is therefore fair compensation to Landlord for its loss suffered by reason of late payment by Tenant.

6.3 Place of Payment. Tenant shall make all payments to Landlord at the first address for Landlord specified in Section 1.10, but with the addition of “Attn: Finance Department”, or to such other address and/or person as Landlord may from time to time designate in writing to Tenant.

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6.4 Possessory Interest Taxes and Utilities. Tenant shall be responsible for g the payment when and as due of all real property taxes on Tenant’s possessory interest, and all charges for gas, electricity, telephone service, water, sewer service, trash removal and other utilities and services furnished to the Property during the Term.

LANDLORD HEREBY GIVES TENANT NOTICE, AND TENANT ACKNOWLEDGES

RECEIPT OF SUCH NOTICE, AS REQUIRED PURSUANT TO CALIFORNIA REVENUE AND TAXATION CODE SECTION 107.6, THAT THE LEASEHOLD INTEREST CREATED

BY THIS LEASE MAY CONSTITUTE A POSSESSORY INTEREST SUBJECT TO

PROPERTY TAXATION AND AS A RESULT TENANT MAY BE SUBJECT TO A

POSSESSORY INTEREST TAX BEING LEVIED AGAINST THE PROPERTY AND/OR TENANT’S LEASEHOLD INTEREST, AND THAT TENANT SHALL BE OBLIGATED TO PAY SUCH TAX WHEN DUE TO THE LEVYING AUTHORITY.

6.5 Other Tenant Property Taxes. Tenant shall pay, prior to delinquency, all taxes, assessments, license fees and public charges levied, assessed or imposed upon its business operation, trade fixtures, merchandise and other personal properly in, on or upon the Premises. If any such items of property are assessed with property of Landlord, then the assessment shall be equitably divided by Landlord between Landlord and Tenant. If any such taxes on Tenant’s personal property or trade fixtures are levied against Landlord or Landlord’s property or if the assessed value of the Premises or the Premises is increased by Tenant’s construction of any alterations inclusion therein of a value placed upon such personal property or trade fixtures, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord within thirty (30) days following Landlord’s delivery of such invoice together with reasonable evidence of such allocation.

ARTICLE 7

SECURITY DEPOSIT
Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with Landlord the sum specified in Section 1.8 (“Security Deposit”), in cash. If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion of the Security Deposit is so used or applied Tenant shall, within five (5) business days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant’s failure to do so shall be a default under this Lease. Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on the Security Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or, at Landlord’s option, to the last assignee of Tenant’s interest hereunder) within ninety (90) days following expiration of the Term. If Landlord transfers its interest in the Premises, Landlord shall transfer the cash Security Deposit to Landlord’s successor in interest. TENANT HEREBY WAIVES THE PROVISIONS OF SECTION 1950.7 OF THE CALIFORNIA CIVIL CODE AND AGREES

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THAT THE FOREGOING PROVISIONS OF THIS ARTICLE 7 SHALL GOVERN LANDLORD’S USE AND RETURN OF THE SECURITY DEPOSIT.

ARTICLE 8
TENANT’S CONDUCT OF BUSINESS

8.1 Permitted Use. Tenant shall use the Premises solely for the use specified in Section 1.9 and for no other use or purpose. Tenant shall conduct its operations in a manner that shall not disturb other tenants or create a nuisance.

8.2 Covenant to Operate. From and after the date Tenant opens for business from the Premises, and except for closures beyond the Tenant’s control (such as damage/destruction), Tenant shall keep the entire Premises continuously open for business no less than six (6) days a week with hours of operation to correspond with what is customary for restaurant uses with both indoor and outdoor dining.

8.3 Tenant’s Signs. Tenant shall not affix upon the exterior (or interior windows or doors) of the Premises any sign, advertising placard, name, insignia, trademark, descriptive material or other like item (collectively, the “Exterior Signs”), unless the Exterior Signs: (i) comply with all governmental requirements, and (ii) are approved by Landlord, in its proprietary capacity (and not as a part of governmental approval), in its sole and absolute discretion. All of the Exterior Signs shall be erected by Tenant at its sole cost and expense, shall be professionally prepared, and Tenant shall maintain all of its Exterior Signs in good condition and repair during the Term. Prior to the expiration, or upon earlier termination of this Lease, as applicable, Tenant shall remove all of its Exterior Signs and restore the areas on which the Exterior Signs were located to their condition prior to the installation of the Exterior Signs, all at Tenant’s sole cost and expense.

ARTICLE 9

MAINTENANCE, REPAIRS AND ALTERATIONS

9.1 Tenant’s Maintenance Obligations. Tenant shall maintain in good condition and repair, the entirety of the Premises (except that portion of Premises to be maintained by Landlord), including the Improvements and all Fixtures, and the HVAC systems (collectively, the "Premises Systems") (collectively, the “Premises Systems”).

9.2 Landlord’s Maintenance Obligations. Landlord shall repair, maintain in good and tenantable condition and replace, as necessary, the roof, exterior walls and structural components of the Premises (including the structural floor) and all meters, pipes, conduits, equipment (excluding heating, ventilation and air conditioning equipment), components and facilities that supply the Premises with utilities (except as the appropriate utility company has assumed these duties); provided however that Landlord shall not be required to make repairs necessitated by reason of any acts or omissions of Tenant, including negligence or willful misconduct of Tenant or anyone claiming under Tenant, by reason of the failure of Tenant to perform or observe any conditions or agreements of this Lease, or by reason of Improvements made by Tenant or anyone claiming under Tenant.

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9.3 Landlord’s Right of Entry. Landlord, its agents, contractors, servants and employees may enter the Premises following not less than twenty-four (24) hours prior written notice to Tenant (except in the event of an emergency, in which case no notice shall be required) and Landlord’s good faith efforts to coordinate such entry with Tenant’s on-site management so as to minimize interference with Tenant’s business operations (except in a case of emergency, in which case no notice shall be required): (a) to examine the Premises; (b) to perform any obligation or exercise any right or remedy of Landlord under this Lease; and (c) to cure Tenant’s failure to perform its obligations under this Lease, including work necessary to comply with laws, ordinances, rules or regulations of any public authority.

9.4 Alterations. After initially opening the Premises for business, Tenant shall not make or cause to be made to the Premises any addition, renovation, alteration, or reconstruction without Landlords prior written consent, which includes alterations that (i) affect the exterior appearance of the Premises, fire sprinkler systems, exterior walls, the floor slab, or roof of the Premises, (ii) require or result in any penetration of the roof, demising walls or floor slab of the Premises, (iii) involve structural changes or additions, (iv) increase the level of services or utilities supplied, or (v) alterations to the building. Alterations to address normal wear and tear, alterations to comply with Section 9.1 above or alterations that do not require a building permit or other city permit are permitted without Landlord’s consent. except for normal wear and tear and alterations to comply with Section 9.1 above). Any request for consent to Alterations requiring consent shall be accompanied by two (2) complete sets of plans and specifications for the proposed Alterations suitable for submission to Landlord for evaluation and a statement of the identity of the contractor who will perform such Alterations. Tenant shall pay all reasonable out-of-pocket costs incurred by Landlord in the evaluation, as applicable, of the plans and specifications. In addition, as a condition to Landlord’s granting of its consent to any Alterations, Landlord shall have the right to approve the architect, contractors, subcontractors designing or performing such Alterations, which approval shall not be unreasonably delayed, withheld or conditioned and shall be granted or denied within fifteen (15) business days (provided that in any event Premises standard subcontractors shall be used for work affecting structural portions, or base building mechanical and fire and life safety systems and utility systems so long as such subcontractors are competitively priced and reasonably available). All Alterations to be performed by Tenant in the Premises, including the delivery, storage and removal of materials, shall be reasonably scheduled through Landlord, and shall be performed in accordance with regulations imposed in good faith by Landlord. All Alterations (whether or not Landlord’s consent is required therefor) shall be completed in a good and workmanlike manner and in accordance with all applicable Laws. All Alterations requiring Landlord’s consent shall be completed in accordance with the approved plans and specifications therefor. Promptly following the completion of any Alterations where the preparation of “as-built” plans would be customary for the particular Alterations performed, Tenant shall deliver to Landlord both a “hard” copy and a copy on CAD diskette of the “as-built” plans and specifications (including all working drawings) for such Alterations. Promptly following the completion of any Alterations for which any governmental permit, approval or sign-off is required under applicable Laws, Tenant shall deliver to Landlord a copy of signed-off permits, inspection cards or other documentation evidencing governmental approval of completion of the work. Unless identified as by Landlord as having to be removed prior to Lease termination pursuant to Section 19.4, all of Tenant’s Alterations including, but not limited to, light fixtures, floor coverings and partitions, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord upon installation thereof. Within thirty (30) days after the completion of any Alterations, Tenant shall deliver to

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Landlord a set of “as built” plans depicting the Alterations as actually constructed or installed. If Tenant shall make any permitted Alterations, Tenant shall carry “Builder’s All Risk” insurance in an amount reasonably determined by Landlord covering the construction of such Alterations and such other insurance as Landlord may reasonably require. Any Alterations to the Premises which are required by reason of any future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises, or any future change in any such existing law, ordinance, rule, regulation or order, and which does not pertain to the structural portions of the Premises, shall be at the sole cost of Tenant. Any inspection by Landlord of such Alterations shall in no event constitute Landlord’s approval of the work so performed, nor shall Landlord be responsible for or have any liability with respect to such inspections. If Tenant’s Alterations trigger: (i) required improvements for disabled access, or (ii) any other legally required improvements to the Premises, then such improvements shall be at Tenant’s sole cost.

ARTICLE 10
DAMAGE TO TENANT’S PROPERTY; WAIVER
Notwithstanding anything contained in this Lease to the contrary, Landlord or its agents and employees shall not be liable for (a) loss or damage to any property by theft or otherwise, or (b) any injury or damage to person or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from pipes, appliances or plumbing work therein or from the roof, street, sub-surface or from any other place or resulting from dampness or any other cause whatsoever, except to the extent (i) resulting from the gross negligence or willful misconduct of Landlord or its contractors, agents, servants or employees or breach of this Lease by Landlord and (ii) not covered by the insurance maintained by Tenant (or which would not have been so covered if Tenant had maintained the insurance required to be maintained by Tenant pursuant to this Lease). Landlord or its agents shall not be liable for interference with light or other similar intangible property interests. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Premises and of defects therein or in the fixtures or equipment located therein.

ARTICLE 11

INSURANCE

11.1 Tenant’s Insurance. Tenant, at its sole cost and expense, commencing on the date Tenant is given access to the Premises, and continuing during the Term, shall procure, pay for and thereafter keep in full force and effect the following types of insurance, in at least the amounts and in the forms specified below:
(a) Commercial General Liability (CGL) with limits no less than Two Million Dollars ($2,000,000.00) per occurrence basis including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000) per occurrence. Tenant shall maintain in force liability insurance, at all times during the term of this Lease and any renewal or extension thereof, which shall insure and indemnify Landlord, the City Council and each member thereof, and every officer and employee of Landlord against liability or financial loss resulting from any suits, claims or actions

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brought by any person or persons and from all costs and expense of litigation brought against Landlord, the City Council and every member thereof for any injury to persons and/or damage to property in, on or about the Premises by reason of the use or occupation by Tenant or by any other person or persons of the Premises and the activities of Tenant. (b) A policy or policies of Workers’ Compensation insurance in the amount required by the State of California.
(c) Property Insurance against all risk of loss at full replacement cost with no coinsurance penalty provision at Tenant’s cost and expense, shall be obtained and at all times during the term hereof maintain in effect covering (1) all improvements included in the Premises; (ii) Tenant’s trade fixtures, furnishings, equipment, and inventory of merchandise located in the Premises; and (2) all alterations, additions, and changes made in or to the Premises during the term of this Lease at Tenant’s expense, providing protection to the extent of not less than one hundred percent (100%) of the insurable value of all said items against any peril included under insurance industry practices in the jurisdiction of the Premises within the classification “fire and extended coverage,” together with insurance against vandalism, malicious mischief, and sprinkler leakage or other sprinkler damage, if sprinklers are installed, and including “use and occupancy” and/or “business interruption” coverage. Tenant hereby waives any and all rights of recovery against Landlord for any loss occurring to such items on account of fire or other casualty, and the aforesaid policies of insurance shall contain appropriate provision recognizing this release by Tenant and waiving all right of subrogation by the insurance carrier. The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the items so insured in the event of loss on account of fire or other casualty.
(d) Automobile Liability: Covering any auto, or if Tenant has no owned autos, hired, and non-owned autos, with limits no less than the amount required by law per accident for bodily injury and property damage.
(e) Plate Glass Insurance: Plate glass insurance covering all plate glass on the Premises at full replacement value; provided that Tenant shall be permitted to self-insure plate glass insurance.
(f) Insurance covering all of Tenant’s Improvements and Tenant’s Alterations, in an amount not less than their full replacement value from time to time, including replacement cost endorsement, providing protection against any peril included within the classification Fire and Extended Coverage, sprinkler damage, vandalism, malicious mischief and such other additional perils as covered in an “all risks” standard insurance policy. Any policy proceeds shall be used for the repair or replacement of the property damaged or destroyed unless this Lease shall cease and terminate under the provisions of Article 13.
(g) Business Interruption Insurance: Commercially reasonable business interruption insurance.

11.2 Restrictions on Use. Tenant shall not use or permit the Premises to be used, nor do or permit any act to be done, which may increase the existing rates of insurance upon the building in which the Premises are located, or which may cause the cancellation of any insurance policy

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covering the Premises. If any act on the part of Tenant or use of the Premises by Tenant shall cause directly or indirectly any increase of Landlord’s insurance expense, the additional expense shall be paid by Tenant to Landlord upon demand. Such payment by Tenant shall not limit Landlord in the exercise of any other rights or remedies. Tenant shall not sell or permit to be kept, used or sold in or about the Premises any article which may be prohibited by California Standard Forms of fire insurance policies. Tenant, at Tenant’s sole expense, shall comply with any and all requirements pertaining to the use of the Premises, of any insurance organization or company, which compliance may be necessary for maintenance of reasonable fire, extended coverage, public liability, and other insurance upon the Premises.

11.3 Additional Insureds. Landlord shall be named as an additional insured on Tenant’s liability and property policies. Said policies shall be issued by an insurer rated in Best’s Insurance Guide with a financial rating of A+ VII or better. If commercially available, said policies shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without Landlord having been given thirty (30) days’ prior written notice thereof by such carrier.

Tenant shall not cancel or reduce said insurance coverage.

11.4 Certificate(s) of Insurance. At all times during the term of this Lease and prior to taking possession of the Premises, Tenant shall maintain on file with Landlord a certificate of insurance issued by the insurance carrier or carriers and showing that the aforesaid insurance policies are in effect in the amounts above provided and if requested by Landlord, a copy of each insurance policy. Notwithstanding any other provision to the contrary contained in this Lease, Tenant shall not have the right to take possession of the Premises until such certificate or certificates and insurance policies are filed with the City.

11.5 Landlord Cure Right. If Tenant does not keep the insurance required by this Lease in full force and effect, Landlord may obtain the necessary insurance and pay the premium thereon, and the repayment thereof shall be paid by Tenant as additional rent within ten (10) days after written demand by Landlord.

11.6 Waiver of Subrogation. Tenant’s insurance shall be primary to coverage available to Landlord. Tenant hereby waives any rights of subrogation against the Landlord.

11.7 Indemnity. “Landlord” for the purposes of this Article 11 shall mean and include Landlord, and its councilmembers, officers, agents and employees. To the fullest extent permitted by law, Tenant covenants with Landlord that Landlord shall not be liable for any damage or liability of any kind or for any injury to or death of persons or damage to property of Tenant or any other person from any cause whatsoever related to the use, occupancy or enjoyment of the Premises by Tenant or any person thereon or holding under Tenant. Tenant shall pay for, defend (with an attorney reasonably approved by Landlord), indemnify, and save Landlord harmless against and from any real or alleged damage or injury and from all claims, judgments, liabilities, losses, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or connected with Tenant’s use of the Premises and its facilities, or any repairs, Alterations or improvements (including original improvements and fixtures specified as Tenant’s Initial Improvements) which Tenant may make or cause to be made upon the Premises, any breach of this Lease by Tenant. The obligations to indemnify set forth in this Article shall include all reasonable attorneys’ fees, litigation costs, investigation costs and court costs and all other costs,

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expenses and liabilities incurred by the indemnified party from the first notice that any claim or demand is to be made or may be made. All obligations under this Article shall survive the expiration or termination of this Lease.

ARTICLE 12
DAMAGE

12.1 Insured Casualty. In the case of damage by fire or other perils covered by insurance, the following provisions shall apply:
(a) Within a period of sixty (60) days after all applicable permits have been obtained (which permits Landlord shall promptly apply for and diligently seek) and delivery of insurance proceeds to Landlord, Landlord shall commence such repair, reconstruction and restoration of the Premises to the extent they have been affected by fire or other casualty, and shall diligently prosecute the same to completion; provided, however, that Tenant, at its cost, shall repair and restore all items of Tenant’s Initial Improvements, the Improvements and Tenant’s Alterations (if any) and replace its stock in trade, trade fixtures, furniture, furnishings and equipment. Tenant shall commence this work promptly upon delivery of possession of the Premises to Tenant and shall diligently prosecute same to completion.
(b) Notwithstanding the foregoing, if destruction of the Premises occurs and the Term and the estimated time to repair the Premise is more than 90 days, Landlord and Tenant shall each have the right to terminate this Lease. In each case of a termination under this Article, the termination right shall be exercised by the terminating party giving written notice to the other party within thirty (30) days after the date of destruction, provided that Tenant shall not have the right to terminate unless all insurance proceeds are delivered to Landlord. (c) If, prior to the commencement of any repair or restoration work, it is estimated (which estimate shall be delivered to both Landlord and Tenant in a written notice) by an independent and reputable contractor selected by Landlord that the damage to the Premises cannot reasonably be completed within 90 days after the date of damage and delivery of insurance proceeds, then each party shall have the right to terminate the Lease within thirty (30) days after receiving such written estimate provided that such party (and its agents, employees and contractors) did not cause the damage.

12.2 Uninsured Casualty. If the Premises or the Premises is materially damaged as a result of any casualty not covered by the insurance specified in Article 11 and not caused by Landlord, then Tenant shall, within ninety (90) days following the date of such damage, commence repair, reconstruction or restoration of the Premises and shall diligently prosecute the same to completion, or Landlord may elect within said ninety (90) days not to so repair, reconstruct or restore the damaged property, in which event, at Landlord’s option, this Lease shall cease and terminate upon the expiration of such ninety (90) day period. In the event Landlord elects to restore the Premises, Tenant shall have the same repair, restoration and replacement obligations as to its improvements and alterations as it has pursuant to Section 12.1.

12.3 Abatement. Rent payable hereunder shall be abated (i) to the extent it is not payable by Tenant’s insurance (such as Business Interruption insurance); and then (ii) proportionately with

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the degree to which Tenant’s use of the Premises is impaired from the time of the occurrence of the casualty until the date on which Tenant again operates its business in the Premises provided however that neither Tenant nor its agents, employees or contractors caused the damage.

12.4 Waiver of Termination. Tenant waives any statutory rights of termination which may arise by reason of any partial or total destruction of the Premises.

ARTICLE 13

EMINENT DOMAIN

13.1 Taking. The term “Taking”, as used in this Article 13, shall mean an appropriation or taking under the power of eminent domain by any public or quasi-public authority or a voluntary sale or conveyance in lieu of condemnation but under threat of condemnation.

13.2 Total Taking. In the event of a Taking of the entire Premises, this Lease shall terminate and expire as of the date possession is delivered to the condemning authority and Landlord and Tenant shall each be released from any liability accruing pursuant to this Lease after the date of such termination.

13.3 Partial Taking. If there is a Taking of a material portion of the Premises and, regardless of the amount taken, the Premises is not, in Tenant’s sole but reasonable business judgment, suitable for the continued operation of Tenant’s business, then Tenant may terminate this Lease, upon giving notice in writing of such election to Landlord within thirty (30) days after receipt by Tenant from Landlord of written notice that a portion of the Premises has been so appropriated or taken. In each case, the termination of this Lease shall be effective as of the date Tenant is required to vacate all or a portion of the Premises.

13.4 Award. The entire award or compensation in any such condemnation proceeding, whether for a total or partial Taking, or for diminution in the value of the leasehold or for the fee, shall belong to and be the property of Landlord. Without derogating the rights of Landlord under the preceding sentence, Tenant shall be entitled to recover from the condemning authority such compensation as may be separately awarded by the condemning authority to Tenant or recoverable from the condemning authority by Tenant in its own right and separately allocated to the taking of trade fixtures and equipment owned by Tenant, the expense of removing and relocating Tenant’s trade fixtures and equipment, interruption or damage to Tenants’ business, the value of Tenant’s leasehold estate, or the unamortized cost of Tenant improvements paid for by Tenant.

13.5 Continuation of Lease. In the event of a Taking, if Landlord and Tenant elect not to terminate this Lease as provided above (or have no right to so terminate), Landlord agrees, at Landlord’s cost and expense as soon as reasonably possible after the Taking, to restore the Premises necessary for Tenant to reasonably operate from the Premises (to the extent of the condemnation proceeds) on the land remaining to a complete unit of like quality and character as existed prior to the Taking and, thereafter, Rent payable by Tenant hereunder shall be reduced on an equitable basis, taking into account the relative value of the portion taken as compared to the portion remaining, and Landlord shall be entitled to receive the total award or compensation in such proceedings.

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ARTICLE 14

ASSIGNMENT AND SUBLETTING

14.1 Assignment. Tenant shall not assign, change ownership or voting control, mortgage, encumber, pledge, hypothecate or otherwise transfer (including any transfer by operation of law) all or any part of this Lease or the Premises (collectively “Transfer”) without first procuring the written consent of Landlord in Landlord’s sole and absolute discretion. A sale of twenty-five percent (25%) or more of the ownership interests in Tenant, whether in one transaction or a related series of transactions, shall constitute an assignment of this Lease. If Tenant requests Landlord’s consent to an assignment of this Lease, Tenant shall submit to Landlord, in writing, the name of the proposed assignee.

14.2 Procedures. Should Tenant desire to enter into a Transfer, Tenant shall request, in writing, Landlord’s consent, which consent is in Landlord’s sole and absolute discretion, to the proposed Transfer at least forty-five (45) days before the intended effective date of the proposed Transfer, which request shall include any information reasonably requested by Landlord to evaluate the proposed Transfer. A consent to one (1) Transfer by Landlord shall not be deemed to be a consent to any subsequent Transfer to any other party.

14.3 Standard for Consent After Tenant Event of Default. For purposes of Landlord’s consent after an Event of Default by Tenant and Landlord’s election to keep this Lease in effect, Tenant agrees that Landlord may only refuse its consent to the proposed Transfer on reasonable grounds, and (by way of example and without limitation) Tenant agrees that it shall be reasonable for Landlord to withhold its consent if any of the following situations exist or may exist: (a) the proposed transferee’s financial condition, net worth or liquidity is less than the financial condition, net worth or liquidity of Tenant as of the date of the request for transfer or is inadequate to support all of the financial and other obligations of Tenant under this Lease; (b) the business reputation or character of the proposed transferee is not reasonably acceptable to Landlord; or (c) the proposed transferee is not likely to conduct on the Premises a business of a quality commensurate with the neighborhood.

14.4 No Release; Form. No Transfer whether with or without Landlord’s consent, shall relieve Tenant from its covenants and obligations under this Lease. Any Transfer shall be evidenced by an instrument in form and content satisfactory to Landlord and executed by Tenant and the Transferee.

14.5 Sublease. Tenant shall not sublease all or any part of this Lease or the Premises without first procuring in advance the written consent of Landlord in Landlord’s sole and absolute discretion. No sublease whether with or without Landlord’s consent, shall relieve Tenant from its covenants and obligations under this Lease. Any sublease shall be evidenced by an instrument signed by the Tenant and sublessee. If Tenant requests Landlord’s consent to subletting of all or part of the Premises, Tenant shall submit to Landlord, in writing, the name of the proposed subtenant. If for any reason this Lease is terminated, the Parties agree the termination will result in a termination of any sublease within the Premises authorized by Landlord and Tenant shall include such a provision in any agreement with a sublessee.

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ARTICLE 15

DEFAULTS

15.1 Events of Default. The occurrence of any one or more of the following events shall constitute an “Event of Default” by Tenant under this Lease:
(i) failure to make any payment to Landlord required hereunder, or failure to deliver the Security Deposit within five (5) days after written notice from Landlord to Tenant; (ii) failure to perform any other of the promises, covenants or agreements of Tenant contained in this Lease for more than thirty (30) days after written notice from Landlord (provided, however, if the default cannot be rectified or cured within such thirty (30) day period, the default shall be deemed to be rectified or cured if Tenant, within such thirty (30) day period, shall have commenced to rectify or cure the default and shall thereafter diligently and continuously prosecute same to completion);
(iii) an assignment or subletting by Tenant without Landlord’s prior written consent when such consent is required by this Lease; or (iv) failure to maintain the insurance required of Tenant under this Lease.

15.2 Landlord Remedies. Any notice required to be given by Landlord above shall be in lieu of, and not in addition to, any notice required under Section 1161 of the Code of Civil Procedure of California or any similar, superseding statute. Upon the occurrence of an Event of Default by Tenant, Landlord may elect to terminate this Lease and to re-enter and take possession of the Premises and remove all persons therefrom, and/or exercise all or any of the rights and remedies afforded Landlord by California law including, but not limited to, the remedies provided under California Civil Code Sections 1951.2 or 1951.4. Pursuant to California Civil Code Section 1951.2, the damages Landlord may recover against Tenant include, but are not limited to, the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award, exceeds the amount of such rental loss for the same period that the Tenant proves could be reasonably avoided. Pursuant to California Civil Code Section 1951.4, Landlord may continue this Lease in effect after Tenant’s breach of this Lease and abandonment of the Premises and recover rent as it becomes due, if Tenant has the right to sublet the Premises or assign this Lease, subject only to reasonable limitations. Landlord hereby agrees that in the event Landlord elects the remedy under California Civil Code Section 1951.4, Landlord will not unreasonably withhold its consent to assignment and subletting by Tenant, and Article 15.3 shall apply.

15.3 Default by Landlord. Landlord shall not be in default hereunder unless Landlord fails to perform the obligations required of Landlord within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty (30) days are required for performance, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. Notwithstanding any contrary provision contained in this Lease, Landlord shall not be liable under any circumstances for any indirect or consequential damages or any injury or damage to, or interference with, Tenant’s business, including, but not limited to, loss of profits,

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loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use; provided, that the foregoing is not intended to be a waiver by Tenant of any rights it may have to condemnation awards in the event of a condemnation by Landlord of Tenant’s interest under this Lease or Tenant’s business.

ARTICLE 16

SUBORDINATION, ATTORNMENT AND ESTOPPEL CERTIFICATES

16.1 Subordination. So long as the lienholder agrees in writing to be bound by the obligations of the Landlord arising after the lienholder acquires title to the Premises, and provided such lienholder also executes a commercially reasonable non-disturbance agreement in favor of the Tenant, then upon written request of Landlord, Landlord’s mortgagee, or the beneficiary of a deed of trust of Landlord or a lessor of Landlord, Tenant will subordinate its rights pursuant to this Lease in writing to the lien of any mortgage, deed of trust or the interest of any lease in which Landlord is the lessee and to all advances made or hereafter to be made upon the security thereof.

16.2 Attornment. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by Landlord encumbering the Premises, or should a lease in which Landlord is the lessee be terminated, Tenant shall upon the request of the purchaser or lessor attorn to the purchaser or lessor under such lease upon any foreclosure, sale or lease termination and recognize the purchaser or lessor as Landlord under this Lease, provided that the purchaser or lessor shall acquire and accept the Premises subject to this Lease.

16.3 Estoppel Certificates. Upon not less than ten (10) days prior notice from Landlord or Tenant to the other, Landlord or Tenant, as the case maybe shall execute, acknowledge and deliver to the requesting party, a reasonable estoppel certificate certifying that this Lease is unmodified and in full force and effect and that the other party is not in default (or stating how any of the foregoing is not true) and certifying the dates to which rental or other sums due hereunder have been paid in advance (“Estoppel Certificate”).

16.4 Subordination of Landlord’s Liens. Landlord hereby subordinates all statutory and contractual landlord’s liens to any liens or security interests covering Tenant’s inventory, or financed fixtures, furniture or equipment of Tenant in favor of bona-fide third-party lenders providing financing to Tenant (including purchase-money financing). Additionally, Tenant shall be permitted to remove personal property from the Premises without Landlord’s consent (free and clear of any landlord’s liens) whenever Tenant has not previously received from Landlord a written notice of default which remains uncured.

ARTICLE 17

MATTERS OF RECORD
Tenant agrees that it and all persons in possession or holding under it will conform to and will not violate the terms of any covenants, conditions, restrictions, easements and any other matters currently of record. Tenant acknowledges that Tenant has had an opportunity to obtain and

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review a title report and title exception documents from a title insurance company selected by Tenant.

ARTICLE 18

UTILITIES AND SERVICES
Tenant shall pay directly to the appropriate utility company all charges for utility services supplied to Tenant. If no such (sub)meter exists, then Tenant shall reimburse Landlord within ten (10) days after written demand from time to time for Tenant’s share utility charges allocable to the Premises. In that regard, Tenant is responsible for directly contracting utility services including, but not limited to those shown in the table below.

Service Responsible Party for Directly Contracting
Electric Utility Tenant
Water/Sewer Utility Tenant
Gas Utility Tenant
Trash Pickup Services Tenant
Fire and Life Safety Monitoring Tenant
In addition, Tenant, at Tenant’s expense, will cause the Premises to be treated for termites, rodents, and other pests and vermin as often as Landlord considers reasonably necessary.

Regardless of the entity which supplies any of the utility services, Landlord shall not be liable for any failure or interruption of any utility or service. Except as otherwise provided herein, no failure or interruption of any utility or service shall entitle Tenant to terminate this Lease or discontinue making payments of Rent payable by Tenant under this Lease; provided, however, that Landlord shall use good faith efforts to restore such service to the extent the restoration of the same is not the obligation of Tenant, the utility company or other third party.

ARTICLE 19

MISCELLANEOUS

19.1 Hazardous Materials. During the Term of this Lease, Tenant, at its sole cost and expense, shall comply with all laws relating to the storage, use, handling and disposal of hazardous, toxic or radioactive matter, including, without limitation, petroleum products, asbestos, and those materials identified in Sections 66680 and 66685 of Title 22 of the California Administrative Code, Division 4, Chapter 30 (“Title 22”), as amended from time to time (collectively, “Hazardous Materials”); provided, however, that the foregoing shall not apply to Hazardous Materials in, on or surrounding the Premises not released by Tenant or its contractors, employees, agents or customers. Tenant shall notify Landlord and provide to Landlord a copy or copies of any environmental entitlements or inquiries related to the Premises. The clean-up and disposal of any Hazardous Materials released onto or about the Premises by Tenant or its agents, contractors or employees shall be performed by Tenant at Tenant’s sole cost and expense and shall be performed in accordance with all applicable laws, rules, regulations and ordinances, pursuant to a site

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assessment and removal/remediation plan prepared by a licensed and qualified geotechnical engineer and submitted to and approved in writing by Landlord prior to the commencement of any work. The foregoing notwithstanding, Landlord in Landlord’s sole and absolute discretion may elect, by written notice to Tenant, to perform the clean-up and disposal of such Hazardous Materials from the Premises. In such event, Tenant shall pay to Landlord the actual cost of same upon receipt from Landlord of Landlord’s written invoice therefor. Notwithstanding any other term or provision of this Lease, Tenant shall permit Landlord or Landlord’s agents or employees to enter the Premises at any time, upon at least one (1) business days’ notice, to inspect, monitor and/or take emergency or long-term remedial action with respect to Hazardous Materials on or affecting the Premises or to discharge Tenant’s obligations hereunder with respect to such Hazardous Materials when Tenant has failed, after demand by Landlord, to do so. All costs and expenses incurred by Landlord in connection with performing Tenant’s obligations hereunder shall be reimbursed by Tenant to Landlord within thirty (30) days of Tenant’s receipt of written request therefor.

Tenant shall defend, indemnify, and hold Landlord harmless from and against any and all claims, liabilities, losses, costs, and expenses (including, without limitation reasonable attorneys’ fees) incurred or suffered by Landlord as a result of Tenant’s or its invitees’, licensees’, contractors’, agents’ or employees’ storage, use, handling, disposal or release of Hazardous Materials in or about the Premises or the Premises.

19.2 Notices. Every notice, demand or request (collectively “Notice”) required hereunder or by law to be given by either party to the other shall be in writing. Notices shall be given by United States certified mail, postage prepaid, return receipt requested, or by same-day or overnight private courier, addressed to the party to be served at the address indicated in Section 1.10 or such other address as the party to be served may from time to time designate in a Notice to the other party.

The delivery of a Notice shall be deemed made within 3 days after deposit into the U.S. mail with respect to certified mail or within 1 business day after deposit with an overnight private courier for overnight delivery. Copies of any Notice shall be sent to the addresses, if any, designated for service of copies of Notices in Section 1.10.

19.3 Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes (except financial) beyond the reasonable control of the party obligated to perform, shall excuse the performance by that party for a period equal to the prevention, delay or stoppage; however, this Section shall not be applied to delay the payment by Tenant of payments required of Tenant under this Lease.

19.4 Surrender. At the expiration or any earlier termination of the Term, Tenant shall peaceably and quietly surrender to Landlord the possession of the Premises and all improvements and fixtures installed or constructed by or for Tenant thereon free and clear of all claims to or against them by Tenant or any third person or party. Tenant shall leave the surrendered property in good, safe and broom-clean condition. All property that Tenant is required to surrender shall become Landlord’s property at termination of this Lease, or, if Landlord so elects and upon written notice to Tenant, shall be demolished and removed by Tenant at Tenant’s sole expense, and all property that Tenant is not required to surrender but that Tenant does not remove shall become

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Landlord’s property at termination of this Lease, or, if Landlord so elects and upon written notice to Tenant, shall be demolished and removed by Tenant at Tenant’s sole expense. If Tenant fails to surrender the Property at the expiration or earlier termination of this Lease, Tenant shall defend and indemnify Landlord from all liability and expense resulting from the delay or failure to surrender, including claims made by any succeeding tenant or any purchaser or prospective purchaser founded on or resulting from Tenant’s failure to surrender.

19.5 Miscellaneous Provisions.
(a) It is understood that there are no oral or written agreements or representations between the parties hereto affecting this Lease and this Lease supersedes and cancels any and all previous negotiations, arrangements, representations, brochures, agreements and understandings, if any, between Landlord and Tenant. No provision of this Lease may be amended except by an agreement in writing signed by Landlord and Tenant,
(b) Subject to the terms of this Lease, all rights and obligations of Landlord and Tenant under this Lease shall extend to and bind the respective heirs, executors, administrators and the permitted concessionaires, successors, subtenants and assignees of the parties. (c) Any waiver by either party of a breach by the other party of a covenant of this Lease shall not be construed as a waiver of a subsequent breach of the same covenant. (d) Except where another rate of interest is specifically provided for in this Lease, any amount due from either party to the other under this Lease which is not paid when due, shall bear interest at the rate per annum (“Interest Rate”) equal to the prime interest rate published from time to time by the Wall Street Journal plus two (2) percentage points (but in no event to exceed the maximum lawful rate) from the date such amount was originally due to and including the date of payment.
(e) If Tenant or Landlord is a municipal corporation, corporation, partnership or limited liability company, each individual executing this Lease on behalf of the municipal corporation, corporation, partnership or limited liability company (in his/her representative capacity only) represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of the municipal corporation, corporation, partnership or limited liability company and that this Lease is binding upon the municipal corporation, corporation, partnership or limited liability company.
(f) This Lease shall be governed by and construed in accordance with the laws of the State of California without giving effect to the choice of law provisions thereof. (g) Tenant waives any and all rights of redemption granted under any present and future laws in the event Landlord obtains the right to possession of the Premises by reason of the violation by Tenant of any of the covenants and conditions of this Lease or otherwise. (h) In the event that, at any time after the Effective Date of this Lease, either Landlord or Tenant shall institute any action or proceeding against the other relating to the provisions of this Lease or any default hereunder, the party not prevailing in such action or proceeding shall reimburse the prevailing party for its actual attorneys’ fees, and all fees, costs and expenses

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incurred in connection with such action or proceeding, including, without limitation, any postjudgment fees, costs or expenses incurred on any appeal or in collection of any judgment. (i) Tenant shall observe faithfully and comply with, and shall cause its employees and invitees to observe faithfully and comply with, reasonable and nondiscriminatory rules and regulations governing the Premises as may from time to time be promulgated by Landlord. (j) Should Landlord sell, exchange or assign this Lease (other than a conditional assignment as security for a loan), then Landlord, as transferor, shall be relieved of any and all obligations on the part of Landlord accruing under this Lease from and after the date of such transfer provided that Landlord’s successor in interest shall assume such obligations from and after such date. Written notice of any such transfer shall be given to Tenant. (k) Notwithstanding anything contained in this Lease to the contrary, it is expressly understood and agreed that any judgment against Landlord resulting from any default or other claim under this Lease shall be satisfied only out of the net rents, issues, profits and other income actually received from the operation or sale of the Premises, and Tenant shall have no claim against Landlord or any of Landlord’s personal assets for satisfaction of any judgment with respect to this Lease.
(l) If any part of the Premises is at any time subject to a first mortgage or a first deed of trust, and this Lease or the rentals due from Tenant hereunder are assigned by Landlord to a mortgagee, trustee or beneficiary (“Assignee” for purposes of this clause (l) only) and Tenant is given written notice of the assignment including the post office address of Assignee, then Tenant shall also give written notice of any default by Landlord to Assignee, specifying the default in reasonable detail and affording Assignee the same amount of time as provided in this Lease for Landlord (starting from the date Assignee receives such notice) to make performance for and on behalf of Landlord. If and when Assignee has made performance on behalf of Landlord, the default shall be deemed cured.
(m) Tenant shall pay all costs for work performed by or on account of it and shall keep the Premises free and clear of mechanics’ liens or any other liens or stop notices. Tenant shall give Landlord immediate notice of any lien or stop notice filed against the Premises as a result of any work of improvement performed by or on behalf of Tenant. Tenant shall immediately cause any lien or stop notice to be discharged or removed of record by either paying the amount thereof or recording a statutory lien release bond in an amount equal to one hundred fifty percent (150%) of the amount of said lien or stop notice, or such other amount as may be adequate to cause the lien or stop notice to be released as an encumbrance against the Premises. (n) Landlord and Tenant each represents and warrants that it has not had any dealings with any realtors, brokers or agents in connection with the negotiation of this Lease. Tenant shall defend, indemnify and hold the other harmless from any claims, costs, expenses or liabilities for any compensation, commission or charges to other realtors, brokers or agents claiming by, through or on behalf of Landlord or Tenant, as the case may be, with respect to this Lease and/or the negotiation hereof.
(o) All of the exhibits referenced in this Lease are incorporated herein by this reference.

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(p) Notwithstanding anything contained in this Lease to the contrary, Tenant acknowledges that Landlord is acting in its proprietary capacity, is entering into and complying with this Lease, and that nothing contained in this Lease shall require Landlord, in its capacity as a governmental entity, to act in any predetermined manner in connection with its actions as a governmental entity, as opposed to its actions as a contracting party pursuant to this Lease. (q) Provided an Event of Default by Tenant does not occur, Tenant shall have the right of quiet enjoyment of the Premises free from interference by Landlord or by any person or entity claiming rights granted by Landlord.
(r) If any provision of this Lease is held or adjudicated to be invalid or unenforceable for any reason, each such portion or provision shall be severed from the remaining portions or provisions of this Lease and the remaining portions or provisions shall be unaffected and remain in full force and effect.
(s) Concurrently with the execution and delivery of this Lease, Tenant shall also execute, acknowledge and deliver to Landlord a Memorandum of Lease in the form attached hereto as Exhibit “C” for recording. Tenant shall not record this Lease or any notice of other memorandum of this Lease. Upon the expiration or any earlier termination of this Lease, Tenant shall execute, acknowledge and deliver to Landlord a termination of such recorded memorandum of Lease and/or quitclaim deed in the form prepared by Landlord and submitted to Tenant.

19.6 No Relocation Assistance. Tenant acknowledges that Tenant may be displaced from the Premises, but Tenant hereby agrees that Landlord shall have no obligation to Tenant under the California Relocation Assistance and Real Premises Acquisition statutes and guidelines. Tenant, after diligent review and consideration of possible impacts, hereby waives and forever releases Landlord, including its successors, officers, employees, attorneys, agents, representatives and anyone else acting on Landlord’s behalf, of and from any and all claims, demands, actions or causes of action, obligations, liabilities, or claims for further compensation, known or unknown, based upon or relating to the California Relocation Assistance and Real Premises Acquisition statutes and guidelines and Landlord’s subsequent use and development of the Premises, or Tenant’s displacement therefrom. By such release, Tenant expressly waives its rights, if any, under California Civil Code Section 1542 which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME

OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Tenant’s Initials:

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IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Lease on the day and year first above written.

LANDLORD:

CITY OF INDIO
By:

Bryan H. Montgomery, City Manager
ATTEST:

Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
_____________________________________
Roxanne Diaz, City Attorney
TENANT:

GABINO’S CREPERIE INC., a California
corporation.

By: _____________________________
Print Name: ________________________
Title: _____________________________
By: _____________________________
Print Name: ________________________
Title: _____________________________

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EXHIBIT “A”

LEGAL DESCRIPTION AND DIAGRAM OF LAND
82868 MILES AVENUE
82868 Miles is a portion of a larger 1.68 acre property that is improved with 3 attached buildings and the remainder is unimproved property composed of a large grass area. The Premises to be leased include a portion of a building with the address of 82868 along with a delineated area of the unimproved property as depicted in the attached diagram. The Premises is comprised of a portion of Assessor Parcel Numbers 611-153-004 and 611-153-010.

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EXHIBIT “B”

SCOPE OF IMPROVEMENTS
Tenant’s Initial Improvements
The following is the description of Tenant’s Initial Improvements, which are improvements paid for by the Tenant. Upon Tenant’s receipt of a building permit and any other necessary governmental approvals for Tenant’s Initial Improvements based upon plans approved by Landlord and such governmental authority (the “Final Approved Plans”), such Final Approved Plans shall made a part of this Exhibit B and added hereto.

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Tenant Improvements
Demo- Remove exiting pony wall at
entrance, 2 storage rooms, remove
countertop bar at entrance, remove all
tile on walls and floors throughout as
necessary, remove existing kitchen
area, remove T-Bar ceiling, remove
stage, demo low bearing walls for new
window installation; demo ceiling for
new hood.
$21,500.00
Install appliance as needed, all
appliances not included.
$5,100.00
Total: $26,600.00

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EXHIBIT B

SCOPE OF IMPROVEMENTS
Improvements Constructed with Tenant Improvement Allowance The following is the description of Improvements constructed by Tenant with the Tenant Improvement Allowance. Upon Tenant’s receipt of a building permit and any other necessary governmental approvals for the Improvements based upon plans approved by Landlord and such governmental authority (the “Final Approved Plans”), such Final Approved Plans shall made a part of this Exhibit B and added hereto.

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Tenant Improvements Constructed with Tenant Improvement Allowance Install new grease trap as necessary at
rear of property
$58,500.00
Install new floor drains, new plumbing
lines, and new bathroom according to
ADA codes with one toilet, sink, and
one urinal as necessary.
$21,500.00
Build new walk-in with cooling system
unit
$23,000.00
Build new kitchen with hood approx. 6’
Install additional hood for steaming
are approx. 19’
$34,200.00
Electrical- Update and re-route to code
throughout AC vents expose and reroute
$9,500.00
Paint- interior paint approx. 2000 sqft
client choice of color
$7,500.00
Total: 150,000.00

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EXHIBIT “C”

FORM OF MEMORANDUM OF LEASE

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RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Indio
100 Civic Center Mall
Indio, CA 92201
Attn: City Clerk

SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned declare that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922.

MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE (this “Memorandum”) is dated as of April ___, 2022, and is entered into by and between GABINO’S CREPERIE, INC., a California corporation (“Tenant”), and the CITY OF INDIO (“Landlord”).

RECITALS
A. Tenant and Landlord have entered into that certain Building Lease dated April ___, 2022 (the “Lease”), pursuant to which Landlord has agreed to lease and demise to Tenant, and Tenant has agreed to lease and accept from Landlord that certain building located in the City of Indio commonly known as 82868 Miles Avenue (the “Premises”). The Premises are more particularly described in the Lease.

B. Landlord and Tenant now desire to enter into this Memorandum to comply with applicable law requiring that municipal leases be recorded.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Tenant and City agree as follows:

1. Lease. Landlord hereby leases and demises the Premises to Tenant, and Tenant hereby leases and accepts the Premises from Landlord for a three year term at the rental rates and upon the other terms and conditions set forth in the Lease, which are incorporated herein by this reference.

2. Purpose. This Memorandum is prepared for the purposes of recordation only and in no way modifies the terms and conditions of the Lease. In the event any provision of this Memorandum is inconsistent with any term or condition of the Lease, the term or condition of the Lease shall prevail.

Approval of a Building Lease Agreement with Gabino’s Creperie for the pr... Page 244 of 1319 Exhibit “C”

12183-0001\2640541v1.doc

3. Counterparts. This Memorandum may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Lease as of the date first written above.

LANDLORD: TENANT:

CITY OF INDIO
By:

Print Name: Bryan H. Montgomery
Title: City Manager
GABINO’S CREPERIE, INC., a California
corporation
By: ___________________________
Print Name: ___________________
Title: ________________________
By: ___________________________
Print Name: ___________________
Title: ________________________

Approval of a Building Lease Agreement with Gabino’s Creperie for the pr... Page 245 of 1319 Exhibit “C”

12183-0001\2640541v1.doc
State of California )
County of _________________ )
On _________________________, before me, , (insert name and title of the officer) 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 (Seal)
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.

Approval of a Building Lease Agreement with Gabino’s Creperie for the pr... Page 246 of 1319 Exhibit “C”

12183-0001\2640541v1.doc
State of California )
County of ______________ )
On _________________________, before me, , (insert name and title of the officer) 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 (Seal)
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.

Approval of a Building Lease Agreement with Gabino’s Creperie for the pr... Page 247 of 1319 12183-0001\2640541v1.doc
EXHIBIT “D”

NOTICE OF LEASE TERM DATES
To:
_____________
_____________
Re: Building Lease dated April ___, 2022 between the City of Indio (“Landlord”), and Gabino’s Creperie, Inc., a California corporation (“Tenant”) for Premises located at 82868 Miles Avenue, Indio, California.

Ladies and Gentlemen:

In accordance with the above-referenced Building Lease (the “Lease”), we wish to advise you and/or confirm as follows:

1. Landlord delivered possession of the Premises on _______.

2. The Term Commencement Date is _______.

3. The Term shall end on _______.

5. Your rent checks should be made payable to City of Indio at 100 Civic Center Mall, Indio, CA 92201, Attn: Finance Department.

Landlord:

CITY OF INDIO
______________________________
Bryan H. Montgomery, City Manager
Agreed and Accepted as of
____________, 2022
Tenant: Gabino’s Creperie, Inc.

By:_______________________ By:_______________________
Print Name:_________________ Print Name:________________ Title:______________________ Title:______________________

Approval of a Building Lease Agreement with Gabino’s Creperie for the pr... Page 248 of 1319 City of Indio
City Council
April 20, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Carl S. Morgan, Dir. Of Economic Development Subject: Approve Amendment No. 2 to the Professional Services Agreement between the City of Indio and The Retail Coach, LLC in the amount of $45,000 for additional services and extending the term.

RECOMMENDATION:

Approve the Amendment No. 2 to the Professional Services Agreement between the City of Indio and The Retail Coach, LLC in the amount of $45,000 for additional services and extending the term.

SUMMARY:

Staff requests an amendment to the Professional Services Agreement for the provision of additional services in the amount of $45,000 as well as extending the term for an additional 12- month period.

Doing so will allow the continuation of the retail recruitment and consulting services and maintain the momentum. The Retail Coach team has actively worked to recruit new retailers and developers to the community and has become an extension of City staff by providing custom data, analysis, and economic development support activities. The Retail Coach team has worked with the City of Indio for the past 2 years.

BACKGROUND INFORMATION:

The purpose of this Amendment is to extend the existing Professional Services Agreement the City has with The Retail Coach, LLC (Consultant) dated December 12, 2019 which provided for $65,000 in professional services. The original agreement was amended in May of 2021 to extend the Professional Services Agreement through May 2022 as well as providing additional services in the amount of $45,000.

In the first year of partnership with the City, The Retail Coach completed an eight-phase process that laid the framework for a comprehensive retail recruitment and development strategy. This started with a retail market analysis where The Retail Coach leveraged GPS and cell phone data from Indio consumers to hand-draw the City's true retail trade area and get valuable insights into the City's retail market, consumer behaviors, and overall retail opportunity. The data that emerged from the market analysis revealed that the Indio trade area is much larger than many assume and has been instrumental in helping change outside perceptions of Indio's retail market and consumer base.

Especially with major national and regional retailers and site selectors.

In addition to the retail trade area analysis, The Retail Coach determined key areas of retail leakage in the city along with the retail sectors with the most potential for growth. They have also identified high-priority retail sites in the community and worked in conjunction with property owners and brokers AGENDA ITEM #8.10
Amendment No. 2 to the Professional Services Agreement between the City ... Page 249 of 1319 to market these sites to retailers while providing input to the City on the highest and best use for available retail properties in the community. They have met with or are actively working with most major property owners and developers in the community and have good working relationships with key local stakeholders.

The Retail Coach team has also developed marketing and branding tools for the city to use for retail recruitment that include a retail market profile, community demographics and psychographics, and retail site profiles used to market available retail sites in the community. All of which are needed to actively promote the community and recruit new retail and will be used at conferences, including ICSC events and regional/national retail conferences.

The data and resources The Retail Coach has provided have been immensely helpful to the City's economic development efforts, the most important work they have done to date is the active recruitment of retailers and developers on the City's behalf. Their team has been recruiting 75 plus retail prospects for the City and have been actively reaching out to corporate real estate teams and site selectors. This has resulted in a strong level of interest in the community from retailers, restaurants, and developers and The Retail Coach has been able to make introductions to and set up meetings with key decision makers for these prospects. Throughout this process The Retail Coach has provided transparency and visibility by providing a real-time recruitment dashboard that shows prospects they are recruiting, prospects' responses and feedback, and what level of interest they have in the community either in the short-term or longer term.

Their assistance has led to a letter of interest for city owned property downtown and the City currently has interest from multiple retailers and casual sit-down restaurants. Staff believes their continued work as we continue to transition out of the pandemic will further amplify the amount of new businesses the City is able to draw to Indio in the next 12 months.

Over the past year the Retail Coach has presented quality updates to the city council that have been very well received.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
20,000 In current year budget: Yes
Current FY General
Fund Impact:
20,000 Budget adjustment: No
Next FY Financial
Impact:
25,000 Strategic Objective: Business & Job Growth
Source of funds: Economic Development Fund-Org-Object
Reference:
1011175-521064
Additional Financial Details:
:

The City will compensate the Consultant, up to the sum of Forty-Five Thousand Dollars ($45,000), as more particularly described in Exhibit A to this Amendment No. 2. Said Consideration shall constitute reimbursement of Consultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $45,000 (which includes expenses and additional services (if any) during the term of this Agreement).

Amendment No. 2 to the Professional Services Agreement between the City ... Page 250 of 1319 ATTACHMENTS:

Exhibit A
APPROVAL(S):

Carl S. Morgan, Dir. Of Economic Development Approved - 05 Apr 2022 Roxanne Diaz, City Attorney Approved - 07 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 08 Apr 2022 Bryan H. Montgomery, City Manager Approved - 08 Apr 2022

Amendment No. 2 to the Professional Services Agreement between the City ... Page 251 of 1319 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES

AGREEMENT WITH THE RETAIL COACH LLC
This Amendment is entered into as of May 18, 2022 (“Amendment No. 2”) and is to the Professional Services Agreement by and between the City of Indio (“City”) and The Retail Coach, LLC ("Consultant") dated December 12, 2019 as amended.

RECITALS
A. Consultant provides economic consulting services pursuant to the Professional Services Agreement entered into by the parties dated December 12, 2019 (“Original Agreement”). The Original Agreement was amended May 19, 2021 to provide additional services, compensation, and extend the term ("Amendment No. 1"). The Original Agreement and Amendment No. 1 shall be referred to collectively as the "Agreement." B. City desires to amend the Agreement for the continuation of the services and to provide additional compensation for the extension of services.

NOW THEREFORE, for good and valuable consideration, the parties agree as follows:

Section 1. Additional Term. The parties agree to extend the Agreement for an additional one year term to start on May 19, 2022 and end on May 18, 2023 (“Additional Term”). During the Additional Term, Consultant shall provide the services set forth in Exhibit A to this Amendment No. 2 subject to the terms and conditions of the Agreement (“Additional Services”). Thereafter, the parties may agree to extend the Agreement for an additional oneyear term upon the same terms and conditions upon mutual written consent. Said extension may be executed by the City Manager.

Section 2. Compensation. For the Additional Services, City agrees to compensate Consultant, and Consultant agrees to accept (In full satisfaction for the services required by this Agreement), up to the sum of Forty-Five Thousand Dollars ($45,000.00), as more particularly described in Exhibit A to this Amendment No. 2. (“Consideration”). Said Consideration shall constitute reimbursement of Cosultant’s fee for the services as well as the actual cost of any staff time, other direct or indirect costs or fees, including the work of employees, consultants and subcontractors, equipment, materials, and supplies necessary to provide the service (including all labor, materials, delivery, tax, assembly, and installation, as applicable). In no event shall the Consultant be paid more than $45,500 (which includes expenses and additional services (if any) during the term of this Agreement).

Section 3. Except as specifically amended by this Amendment No. 2, the remaining terms of the Agreement shall remain in full force and effect. In the event of a conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.

In witness whereof the parties have executed this Amendment No. 2 under the provisions of the Agreement on the date set forth above.

Amendment No. 2 to the Professional Services Agreement between the City ... Page 252 of 1319 -2-
CITY OF INDIO:
_____________________________
BRYAN H. MONTGOMERY

CITY MANAGER
ATTEST:
________________________

CYNTHIA HERNANDEZ

CITY CLERK
APPROVED AS TO FORM:
_____________________________
ROXANNE M. DIAZ

CITY ATTORNEY
CONSULTANT:

THE RETAIL COACH, LLC

KELLY COFER

PRESIDENT & CEO

Amendment No. 2 to the Professional Services Agreement between the City ... Page 253 of 1319 -3-

EXHIBIT A
Additional Services
Consultant shall provide the additional services as set forth in the attached proposal.

Amendment No. 2 to the Professional Services Agreement between the City ... Page 254 of 1319 -4-

EXHIBIT B
Compensation
Consultant shall be compensated for the Additional Services in an amount not to exceed $40,000 as set forth in the attached proposal. Expenses are not to exceed $5,000 for the Additional Term.

Amendment No. 2 to the Professional Services Agreement between the City ... Page 255 of 1319 EXHIBIT A | ADDITIONAL SERVICES
Scope of Work & Deliverables
for Amendment No. 2
12-month Contract Extension
During this 12-month period, the City of Indio will continue to receive the following:

Strategic Planning
TRC will meet with City Staff for a kickoff meeting and strategic planning session to ensure retail recruitment efforts are aligned to overall community and economic development goals.

Downtown Revitalization
TRC will continue to assist with Downtown revitalization and Downtown-specific recruitment.

Updated Data and Reports
TRC will update data sets and reports to newly available 2022 data. This includes demographics and psychographics for the City, Retail Trade Area, and Downtown as well as an updated retail demand analysis and community workplace population report.

Ongoing Retail Recruitment
TRC will continue recruitment activity and work with City Staff to identify new retail prospects expanding in 2022-2023.

Representation at Retail Conferences
TRC will represent the City at national and regional retail conferences and will work to set up meetings with retailers on the City’s behalf at key events throughout the year. Most notably, the ICSC RECon Conference in Las Vegas in May.

Continued Support and Coaching
TRC will continue to act as an extension of the City’s Economic Development Staff and provide data, analysis, and expertise as needed.

Amendment No. 2 to the Professional Services Agreement between the City ... Page 256 of 1319 EXHIBIT B | COMPENSATION
Work Fees
for Amendment No. 2
Work Fees
The total work fee for completion of this work is $40,000, payable in three installments:
a. $15,000 upon execution of the agreement;
b. $15,000 at 90 days following execution of contract;
c. $10,000 at 180 days following execution of contract.

Work fees are payable within 30 days of receiving invoice.

Reimbursable Project Expenses
Reimbursable expenses will not exceed $5,000.

Reimbursable expenses include:
a) All travel costs;
b) Cost of special renderings and maps, if any;
c) Cost of copies for reports and maps/drawings; and
d) Cost of shipping expenses, if any.

Project expenses are payable within 30 days of receiving invoice.

Amendment No. 2 to the Professional Services Agreement between the City ... Page 257 of 1319 04/13/2021
Lawhon Insurance Agency, LLC
P O Box 2342
Tupelo MS 38803
Valerie Smith
(662) 840-9550 (662) 840-9557
[email protected]
The Retail Coach, LLC
P.O. Box 7272
Tupelo MS 38802
Travelers Casualty Insurance Co of America 19046
Travelers Casualty & Surety 19038
Philadelphia Indemnity 18058
CL2141301582
A Y Y 680-7B885356-21-42 04/25/2021 04/25/2022
2,000,000
300,000
5,000
2,000,000
4,000,000
4,000,000
Hired and Non-Owned 1,000,000
B Y Y UB-7K136799-20-42-G 07/19/2020 07/19/2021
1,000,000
1,000,000
1,000,000
C

PROFESSIONAL LIABILITY
E & O PHSD1621597 04/19/2021 04/19/2022
EACH CLAIM 2,000,000
ANNUAL AGGREGATE 2,000,000
City of Indio, its officers, employees, agents and volunteers as Additional Insured in respect to the General Liability. Coverage is primary and non-contributory. Waiver of Subrogation applies to all policies except Professional Liability.

City of Indio
100 Civic Center Mall
P O Drawer 1788
Indio CA 92201

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$

PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY
PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY

Amendment No. 2 to the Professional Services Agreement between the City ... Page 258 of 1319 City of Indio
City Council
April 20, 2022

STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Timothy Wassil, Public Works Director
Subject: Resolution No.10275 establishing the County of Riverside Transportation Department “Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled” as the City’s traffic analysis policy RECOMMENDATION:

Adopt Resolution No. 10275 establishing the County of Riverside Transportation Department “Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled” as the City’s transportation analysis policy.

SUMMARY:

Senate Bill 743 (SB743) required agencies to establish guidelines for evaluating Vehicle Miles Traveled (VMT) resulting from various projects. Adopting the Riverside County (County) Guidelines as City policy provides consistency with the County and other local agencies that have already adopted them, and allows the City to avoid the considerable cost of developing its own VMT standards.

BACKGROUND INFORMATION:

When passed in 2013, SB743 required local agencies to establish guidelines for evaluating VMT resulting from various projects, per thresholds to be established by the State Office of Planning and Research (OPR). OPR finalized their guidelines in 2018, followed by the County approving their guidelines in December 2020.

The process of developing VMT thresholds is costly and time consuming. Fortunately, the County has completed an extensive process to establish criteria and guidelines that are applicable across the entire County. Staff has reviewed the County guidelines and finds them to be appropriate and applicable for the City. Many other Coachella Valley cities, including La Quinta and Rancho Mirage, have also adopted the County Guideline. This provides consistency and better understanding of the policy for those involved in the project development process.

FINANCIAL SUMMARY:

Current FY Financial
Impact:
$0 In current year budget: N/A
Current FY General
Fund Impact:
$0 Budget adjustment: N/A
AGENDA ITEM #8.11
Resolution No.10275 establishing the County of Riverside Transportation ... Page 259 of 1319 Next FY Financial
Impact:
$0 Strategic Objective:

Source of funds: N/A Fund-Org-Object
Reference:

N/A
Additional Financial Details:

There is no financial impact to this policy.

ATTACHMENTS:

Attachment 1 - Resolution 10275 - VMT Policy 2022 (Final) APPROVAL(S):

Timothy Wassil, Public Works Director Approved - 14 Apr 2022 Roxanne Diaz, City Attorney Approved - 14 Apr 2022
Rob Rockwell, Asst. City Manager & Dir. Of Finance Approved - 14 Apr 2022 Bryan H. Montgomery, City Manager Approved - 14 Apr 2022

Resolution No.10275 establishing the County of Riverside Transportation ... Page 260 of 1319 ATTACHMENT 1
RESOLUTION NO. 10275

Resolution No.10275 establishing the County of Riverside Transportation ... Page 261 of 1319 RESOLUTION NO. 10275

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADOPTING "VEHICLE MILES TRAVELED" THRESHOLDS OF SIGNIFICANCE FOR

PURPOSES OF ANALYZING TRANSPORTATION IMPACTS UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the California Environmental Quality Act Guidelines ("CEQA Guidelines") encourage public agencies to develop and publish generally applicable "thresholds of significance" to be used in determining the significance of a project's environmental effects; and
WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of significance as "an identifiable quantitative, qualitative or performance level of a particular environmental effect, noncompliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant"; and WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of significance must be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and be supported by substantial evidence; and WHEREAS, pursuant to CEQA Guidelines section 15064.7(c), when adopting thresholds of significance, a public agency may consider thresholds of significance adopted or recommended by other public agencies provided that the decision of the agency is supported by substantial evidence; and
WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources Code section 21099, required changes to the CEQA Guidelines regarding the criteria for determining the significance of transportation impacts of projects; and WHEREAS, in 2018, the Governor's Office of Planning and Research ("OPR") proposed, and the California Natural Resources Agency certified and adopted, new CEQA Guidelines section 15064.3 that identifies vehicle miles traveled ("VMT") - meaning the amount and distance of automobile travel attributable to a project-as the most appropriate metric to evaluate a project's transportation impacts; and WHEREAS, as a result, automobile delay, as measured by "level of service" and other similar metrics, generally no longer constitutes a significant environmental effect under CEQA; and

Resolution No.10275 establishing the County of Riverside Transportation ... Page 262 of 1319 WHEREAS, CEQA Guidelines section 15064.3 went into effect on July 1, 2020; and
WHEREAS, in December of 2020, the County of Riverside adopted revisions to their document titled, “Transportation Guidelines for Level of Service Vehicle Miles Traveled” for the purpose of providing further consistency with the intent of Senate Bill 743 (“SB-743”); and
WHEREAS, the intent and purpose of the Resolution is to adopt Transportation Analysis Policy for the City of Indio to include guidelines that have been adopted by the County of Riverside.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Recitals.

That the Recitals above are true and correct and incorporated herein by this reference.

Section 2. Transportation Analysis Policy
That the City of Indio hereby adopts the County of Riverside “Transportation Analysis Guidelines for Level of Service and Vehicle Miles Traveled” as the City Transportation Analysis Policy (the "Policy"), attached hereto and incorporated herein by this reference as Exhibit "A," and that such Policy is supported by substantial evidence as set forth in the record before the City Council, including without limitation the staff report, this Resolution, and related and supporting documentation.

Section 3. Right to Revise.

That the Policy heretofore adopted by the City Council remain effective until additional information and/or data reveal a more effective measure of VMT and said measures are reviewed and adopted consistent with the adoption of this document.

Future updates of the Guideline by the County are hereby included in the City Policy.

Section 4. Severability.

That should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of the Resolution as hereby adopted shall remain in full force and effect.

Resolution No.10275 establishing the County of Riverside Transportation ... Page 263 of 1319 Section 5. Repeal of Conflicting Provisions.

That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 6. Effective Date.

That this Resolution shall take effect upon its adoption.

Section 7. Certification.

That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED on this 20th day of April, 2022.

CITY OF INDIO:

WAYMOND FERMON, Mayor
ATTEST:

CYNTHIA HERNANDEZ, CMC

CITY CLERK
APPROVED AS TO FORM:

ROXANNE DIAZ, CITY ATTORNEY

Resolution No.10275 establishing the County of Riverside Transportation ... Page 264 of 1319 EXHIBIT “A”

TRANSPORTATION ANALYSIS GUIDELINES
(SEE ATTACHED)

Resolution No.10275 establishing the County of Riverside Transportation ... Page 265 of 1319 PAGE 0 | Transportation Analysis Guidelines
a
___________________________________
Patricia Romo, P.E. Date
Director of Transportation
December 2020

TRANSPORTATION

ANALYSIS

GUIDELINES
for
Level of Service
Vehicle Miles Traveled

Resolution No.10275 establishing the County of Riverside Transportation ... Page 266 of 1319 PAGE 1 | Transportation Analysis Guidelines

TABLE OF CONTENTS
INTRODUCTION ......................................................................................................................... 3 NEED FOR TRANSPORTATION ANALYSES .............................................................................. 4 Overview of Process and Procedures .............................................................................................................................. 4 Transportation Analysis Process ................................................................................................................................... 4 Scoping Agreement .......................................................................................................................................................... 4 Traffic Analysis Exemptions ................................................................................................................................................ 6 LEVEL OF SERVICE ...................................................................................................................... 7 Analysis Methodology .......................................................................................................................................................... 7 Intersections Analysis ....................................................................................................................................................... 7 Roadway Segment Analysis ........................................................................................................................................... 7 Establishing the Study Area ........................................................................................................................................... 7 Analysis Scenarios .............................................................................................................................................................. 7 General Plan Amendments and Specific Plans ....................................................................................................... 8 Data Collection, Trip Generation, Trip Distribution ............................................................................................... 8 Background Traffic from Other Projects and Ambient Growth Rate ........................................................... 11 Build-out Analyses for General Plan Amendments and Specific Plans ...................................................... 11 General Plan Consistency Requirements .................................................................................................................... 12 Intersections ...................................................................................................................................................................... 12 Roadway Segments ........................................................................................................................................................ 12 Site Access, Safety, and Other Analyses ...................................................................................................................... 12 Site Access Analysis ........................................................................................................................................................ 13 Safety and Operational Analysis ................................................................................................................................ 13 Intersection Turn Lane Queuing Analysis .............................................................................................................. 14 Traffic Signal Warrant Analysis .................................................................................................................................. 14 Improvements to Address LOS Deficiencies ............................................................................................................. 14 Level of Service Improvements .................................................................................................................................. 14 CEQA ASSESSMENT - VMT ANALYSIS ................................................................................... 16 Analysis Process ................................................................................................................................................................... 16 Step 1: Evaluate Land Use Type ................................................................................................................................. 17 Step 2: Screen for Non-Significant Transportation Impact ............................................................................. 18

Resolution No.10275 establishing the County of Riverside Transportation ... Page 267 of 1319 PAGE 2 | Transportation Analysis Guidelines
Step 3: Identify Significance Measure and Threshold ....................................................................................... 21 Step 4: VMT Analysis for Non-Screened Development .................................................................................... 23 Step 5: Mitigation Measures ....................................................................................................................................... 23 Transportation Projects ..................................................................................................................................................... 24 Screen for Non-Significant Transportation Impact ............................................................................................ 24 Significance Threshold and Methodology ............................................................................................................ 26

APPENDICES
APPENDIX A GLOSSARY OF TERMS ....................................................................................... 27 APPENDIX B TRAFFIC ANALYSIS EXEMPTIONS ................................................................... 29 APPENDIX C ANALYSIS INPUT PARAMETERS ...................................................................... 30 APPENDIX D LEVEL OF SERVICE TARGETS ............................................................................ 31 APPENDIX E VMT ANALYSIS METHODOLOGY ..................................................................... 32 APPENDIX F RIVERSIDE COUNTY TDM MEASURES ............................................................. 37 APPENDIX G UNIT-BASED SCREENING THRESHOLDS FOR SMALL PROJECTS ................ 41

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INTRODUCTION
The County’s General Plan requires that traffic and circulation impacts of proposed development projects, General Plan Amendments, and Specific Plans be analyzed. The traffic impacts of proposed developments are to be analyzed through the preparation of a “Traffic Analysis” or “TA” prepared in conformance with Riverside County Transportation Department “Transportation Department” requirements. The TA must be prepared, signed and sealed by a Traffic Engineer or a Civil Engineer registered in the State of California, qualified to practice traffic engineering “Engineer”. Guidance included within this document describes the required content, format, and methodology that is generally required to be utilized in the preparation of a TA, which is subject to the review and approval of the Transportation Department.

The TA will continue to require the level of service (LOS) analysis to maintain consistency with policies contained in the County General Plan. The passage of SB-743 requires a Vehicle Miles Traveled (VMT) analysis to assess the impacts required by the California Environmental Quality Act (CEQA) process.

This document will provide guidance for both the LOS and VMT analyses.

The contents of this document are general guidelines and the Transportation Department has the discretion to modify the TA requirements based on the unique characteristics of a particular project.

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NEED FOR TRANSPORTATION ANALYSES
The purpose of the Transportation Analysis Guideline is to provide instructions for analyzing projects in compliance with (1) the County’s General Plan policies and (2) transportation related Vehicle Miles Traveled (VMT) analysis as required under CEQA.

As the County of Riverside continues to develop both residential and employment generating uses, an emphasis on transportation network capacity will be needed. Levels of Service (LOS) analysis will largely be the determinant to assess capacity and operational deficiencies of County roadways. In order to maintain consistency with the General Plan, projects are to identify deficiencies and provide recommendations to meet level of service targets.

All projects, whether public or private, requiring a discretionary approval trigger the CEQA review process. The objective of this process, in part, is to identify significant environmental impacts, including those from transportation impacts. Under CEQA guidelines, VMT is the principal measure for determining transportation impacts. Where necessary, projects will be required to prepare a VMT analysis to identify project impacts and mitigation measures.

OVERVIEW OF PROCESS AND PROCEDURES
For development projects, two analyses will be required: (1) LOS analysis for General Plan consistency and; (2) VMT analysis for CEQA compliance. Not all projects require both analyses. The Transportation Department determines the need for a TA in compliance with CEQA guidelines and General Plan policies.

Transportation Analysis Process
The process of preparing a TA begins with accessing and reviewing the Transportation Land Management Agency website. The website provides access to the County’s General Plan as well as the application for a TA scoping agreement. Applicants must fill out the application and submit it along with the scoping agreement and initial deposit to the Transportation Department.

Scoping Agreement
Figure 1 presents a framework to determine when LOS analysis and VMT analysis would be included in a scoping agreement for a TA. The Transportation Department will ultimately determine the required types of analyses required for the TA through its review of the scoping agreement.

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Projects that meet the screening criteria, discussed later, will not be required to prepare a detailed VMT analysis. Such projects would typically still be required to prepare a LOS analysis, with exceptions outlined in the Traffic Analysis Exemptions.

Land Use Project Meets CEQA
Screening Criteria
YES
LOS analysis
required only
NO VMT and LOS
analyses required
Figure 1
The scoping agreement provides the following key points in order to establish the scope of the TA:
 Determination of study area, intersections, and roadway links to be analyzed.  Project trip generation, distribution, and assignment.  Use of other approved projects for background traffic, traffic growth assumptions, or integration with RIVTAM/RIVCOM, or other travel demand models approved for use by the Transportation Department.
 For those projects located within a City’s Sphere of Influence or adjacent to a city, the Engineer shall also solicit comments on the scoping agreement from City staff. The Engineer shall submit all comments received from City staff to the Transportation Department for review and consideration.
 For projects within one-mile of a state highway, or any project that may create a deficiency on a state highway, the Engineer shall coordinate with Caltrans.  Identification of unique transportation issues that may be specific to a project’s design or location related to queuing, sight distance, other safety issues, transit, pedestrian, bicycle, access, adjacent land uses, etc.

The Engineer shall submit the scoping agreement to the Transportation Department for review and obtain approval before the preparation of the TA.

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TRAFFIC ANALYSIS EXEMPTIONS
Certain types of projects, because of their size, nature, or location, are exempt from the requirement of preparing a LOS analysis. The types of projects that are generally exempt from preparing a LOS analysis are described in APPENDIX B.

The Transportation Department, at its discretion, may require that a TA be prepared for any development, regardless of size, if there are concerns over safety, operational issues, or if located in an area that has significant traffic related deficiencies.

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LEVEL OF SERVICE

ANALYSIS METHODOLOGY
The Level of Service analysis is required to maintain traffic operation performance in accordance with the General Plan policies.

Intersections Analysis
The Transportation Department requires the use of the most recent version of the Transportation Research Board Highway Capacity Manual (HCM) for both signalized and unsignalized intersections.

Refer to APPENDIX C for the default input parameters to be utilized. When analysis parameters are not specifically provided in this document, the Engineer determines the appropriate parameters subject to review and comment the Transportation Department. Any uncertainty should be resolved during the preparation of the TA in consultation with the Transportation Department.

Roadway Segment Analysis
The Transportation Department may require that analysis of roadway segments be conducted in certain cases, such as when intersection analyses are not the controlling factor or for general planning purposes. Roadway segment capacities are provided in APPENDIX D.

Establishing the Study Area
In general, the minimum area to be studied shall include any intersection of 2 or more “Collector” or higher classification streets, at which the proposed project will add 50 or more peak hour trips, not exceeding a 5-mile radius from the project site. The Transportation Department may require deviation from these requirements based on the location.

Analysis Scenarios
The TA shall include the following analysis scenarios:

1. Existing Conditions. Existing traffic will be counted to determine current conditions. Traffic count data shall be new or recent. In some cases, data up to one year old may be acceptable with the approval of the Transportation Department. Any exception to this must be requested prior to approval of the scoping agreement.

2. Project Completion (Existing plus Ambient Growth plus Project). Traffic conditions prior to the time that the proposed development is completed will be estimated by increasing the existing traffic counts by an appropriate growth rate to be provided by Transportation Department staff, projected to the year that the project is estimated to be completed. Traffic generated by

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the proposed project will then be added, and the impacts on the circulation system will be analyzed. This will be the basis for determining deficiencies as a direct result of the project implementation. The TA shall provide recommendations necessary to address the identified deficiencies. The Transportation Department may choose to incorporate the recommendations as conditions of approval for the project.

3. Cumulative (Existing plus Ambient Growth plus Project plus Cumulative Projects). Traffic generated by other approved projects in the study area shall be identified and added to the Project Completion traffic identified in Scenario 2. This may also include projects that are proposed and in the review process, but not yet approved.

4. Project Phasing. Traffic conditions at each project phase completion are to be analyzed using the same approach as for the project completion year, if applicable. Traffic associated with each previous project phase shall be included in the analyses of each successive phase of the proposed project.

General Plan Amendments and Specific Plans
Development proposals that also include a General Plan Amendment to Land Use or Circulation Elements, Specific Plan, Zone Change or other that increases traffic beyond what was approved in the General Plan will also be required to perform a Build-out Analysis to assess long-term deficiencies.

This analysis will determine if the Circulation Element of the General Plan is adequate to accommodate projected traffic at the target LOS, or if additional improvements are necessary. A phasing plan for all Specific Plans that identifies necessary improvements for each development phase is required.

The following analysis scenarios should be included for Build-out Analysis:

5. Horizon Year No Project Conditions. This represents traffic conditions at an identified horizon year (typically coinciding with the forecast horizon year of the RIVTAM/RIVCOM travel demand forecasting model).

6. Horizon Year plus Project Conditions. Project traffic added to Scenario 5 identified above (Horizon Year No Project Conditions).

Data Collection, Trip Generation, Trip Distribution
The following recommendations pertaining to traffic count collection, project trip development, and traffic forecasting methodologies have been developed to maintain consistency across different TAs and reflect the current state of the practice.

Traffic Counts. Data for existing traffic conditions should be collected for the project using the following guidelines.

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 Peak period turning movement counts at all study intersections, roadway segments (if required) and/or driveways, including bicycle and pedestrian counts at intersections with high non-automotive use, should be collected. For intersections with high percentages of trucks, turning movement counts should count trucks separately.  Average Daily Traffic (ADT) for all roadways within study area (if required) and vehicle classification counts in areas with a high percentage of truck use.  Traffic counts should not be used if more than one year old without prior approval.  Traffic data should not be collected on weeks that include a holiday and non-school session time period unless approved by the Transportation Department.  Traffic data should not be collected between Thanksgiving and the first week of the New Year without prior approval.
 Traffic counts should be conducted on Tuesdays, Wednesdays, or Thursdays.  For congested conditions, back of queue estimates by approach (and turning movement) should be conducted every 15 minutes.
 Traffic counts should not be collected in an active construction work-zone.

Unless directed otherwise by the Transportation Department, traffic counts should be collected during the following timeframes presuming the time period captures the beginning and end times of any congested conditions.
 Morning (7:00 AM to 9:00 AM).
 Afternoon (4:00 PM to 6:00 PM).
 Midday and school-release peak hours – as directed by the Transportation Department.  Other peak hours, off-peak hours, weekend, or special event periods may also be required based on the project location and type of use.

Under circumstances where traffic counts would be collected under atypical conditions (significant economic downturn, pandemic, etc.) that may result in altered trip patterns or traffic volumes, traffic count collection details should be approved by the Transportation Department prior to being undertaken. Depending on the circumstances, it may be preferable to use historic count data, use factored historical data, big data sources, or other acceptable estimation techniques allowed by the Transportation Department. Traffic count data should be included in the study appendices.

Trip Generation. Trip generation may be estimated using the Institute of Transportation Engineers (ITE) Trip Generation Manual (latest edition). Other trip generation sources may be used with the approval of the Transportation Department. For land uses not included or with a limited sample size in the ITE Trip Generation Manual or other published sources, local trip generation surveys should be conducted for at least three similar project sites following the methodology contained in the ITE Trip Generation Handbook. If locally valid trip generation surveys cannot be conducted, then use of the ITE

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trip generation rates with limited sample size may be allowed but limitations of the data should be fully disclosed especially related to land use context.

Trip generation for high truck generating uses such as high cube warehouses, logistics space, etc. shall be based on ITE data when available or shall be determined with Transportation Department staff input on a case-by-case basis. The proposed trip generation should be listed in the scoping agreement for review and approval prior to study initiation.

Internal capture for mixed use developments (if applicable) should be calculated using state of the practice methodologies such as ITE’s mixed use trip generation method or the US Environmental Protection Agency’s (EPA) mixed-use trip generation (MXD) methodology or other state of the practice method approved by the Transportation Department prior to use in any studies. Trip internalization calculations (including gross trips, net trips after internalization, and MXD input assumptions (such as intersection density, TOD assumptions, acres, etc.) should be documented in the TA.

For projects that anticipate the generation of significant truck traffic, all truck trips may be converted into passenger car equivalents (PCE) for the capacity analysis or the analyst should adjust the truck percentage in the capacity assessment appropriately. The following table shows the PCE factors that shall be applied for truck traffic:

Vehicle Type PCE Factor
2 axle trucks 1.5
3 axle trucks 2.0
4+ axle trucks 3.0
For microsimulation analyses, the measured and/or project heavy truck percentages shall be used.

Trip Distribution. The project’s trip distribution should be based on expected origin-destination patterns related to the project’s land uses. The trip distribution should be determined based on consideration of following factors, subject to approval by the Transportation Department:
 Type of proposed development.
 Location and intensity of development.
 Conditions on the roadway network in the vicinity.
 Land uses in the vicinity.
 Truck route system.
 As directed by the Transportation Department.

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In some cases, use of select zone assignments from RIVTAM/RIVCOM or mobile device data measuring trip distribution for similar sites may be appropriate. Other data may be used to help refine trip distribution patterns including the relative location of population, commercial, recreational and employment centers; existing peak hour link and turning movement volumes; ADT volumes; proximity to regional transportation corridors; and knowledge of local and regional traffic circulation. Directional movements at key access points to the project shall be provided. A preliminary trip distribution pattern map shall be submitted in the scoping agreement for review and approval by the Transportation Department.

Background Traffic from Other Projects and Ambient Growth Rate Other projects within the vicinity of the project that have received approvals, shall be identified and their traffic generation included as cumulative traffic in the TA. Proposed projects in the study area that have been submitted to the County for processing, but not yet approved, may also be included at the discretion of the Transportation Department. The traffic from the other approved projects or projects in review shall be included in Cumulative analysis scenario identified previously.

Unless otherwise directed, the TA should utilize an ambient growth rate of two percent (2%) to be applied to existing volumes to account for other general traffic growth in and around the study area.

Build-out Analyses for General Plan Amendments and Specific Plans Traffic projections for General Plan Build-out scenarios shall utilize RIVTAM/RIVCOM or other approved models and shall be identified in the scoping agreement. The Engineer shall use the model projections as the basis for determining turning- movement volumes for the required intersection analysis. A manual assignment of the project traffic added to the Build-out traffic may typically be used to determine total future traffic, as approved by the Transportation Department.

Certain large-scale Specific Plans and General Plan Amendments have the potential to create traffic deficiencies that are significantly greater than the traffic projections used in the traffic model, which may also affect the modeling assumptions. For these projects, the Transportation Department may request that the Build-out analysis utilize RIVTAM/RIVCOM or other model approved by the Transportation Department be used to develop more detailed focused model runs in order to determine the projected Build-out traffic. The following are guidelines of projects considered to be significant and subject to the revised modeling requirements:
 1,500 dwelling units or greater.
 25 acres of commercial or greater.
 150 acres of industrial or greater.
 Any project producing 15,000 daily trips or greater.

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GENERAL PLAN CONSISTENCY REQUIREMENTS
Intersections
Consistent with the acceptable LOS in the Riverside County General Plan, the Transportation Department considers the following criteria for application in the TA to identify infrastructure improvements required to provide acceptable operations. Note that this analysis will be completed to demonstrate general plan consistency. Specific CEQA thresholds, which are based on VMT requirements, are described later in these guidelines and shall be the sole basis for determining CEQA-related transportation impacts.

Operational improvements would be required under the following conditions:

1. When existing traffic conditions (Analysis Scenario 1) exceed the General Plan target LOS.

2. When project traffic, when added to existing traffic (Analysis Scenario 2), will deteriorate the LOS to below the target LOS.

3. When cumulative traffic (Analysis Scenario 3) exceeds the target LOS.

Improvements may be provided through the TUMF network (or other funding mechanism), project conditions of approval, or other implementation mechanisms. The General Plan allows the Board of Supervisors to approve development projects even in instances where the target LOS is exceeded, if the project has overriding benefits. Examples include projects that provide jobs in a local area, projects that provide needed transportation improvements that otherwise would not be constructed, projects that provide habitat conservation, projects that implement non-motorized transportation systems, or projects that provide some unique benefits to the County which outweigh the traffic deficiencies.

These projects are required to provide operational improvements to the extent that it is economically feasible as determined by the Board of Supervisors, based on a value engineering analysis.

Roadway Segments
Intersections typically provide the transportation constraint on operational capacity. As such, these guidelines focus on the evaluation of intersections. However, in some instances, roadway segment evaluation may be appropriate and may be requested by the Transportation Department. Roadway segment requirements should be considered, and improvements recommended if the project exceeds the operational goals noted in the County’s General Plan.

SITE ACCESS, SAFETY, AND OTHER ANALYSES
The TA may be required to analyze site access and safety around the project and on adjacent streets.

The following topics may need to be considered in the TA.

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Site Access Analysis
a) Intersection Sight Distance. All on-site intersections, project access driveways or streets to public roadways should provide adequate sight distance. Adequate intersection sight distance should be determined using Ordinance No. 461, Std. No 821. b) Driveway Length and Gated Entrance. Primary project driveways should have a throat of sufficient length to allow vehicles to enter the project area without causing subsequent vehicles to back up into the public street system.
c) Limit Driveway Impacts. Driveway and local street access on arterial streets should be limited to minimize the impacts on arterial streets. Driveways should be located to maintain a reasonable distance from an adjacent intersection and/or driveway. Whenever possible, driveways should be consolidated with adjacent properties. When proposed driveways are located across from an existing driveway, the centerlines of the driveways should be aligned with each other.
d) Corner Clearance. A driveway should be a sufficient distance from a signalized intersection so that right-turn egress movements do not interfere with the right-turn queue at the intersection. In addition, every effort should be made to provide right-turn egress movements with sufficient distance to enter the left-turn pocket at the adjacent intersection. e) Right Turn Lanes at Driveways. If the project right turn peak hour volume is 50 or more vehicles, a right-turn deceleration lane should be reviewed for appropriateness on all driveways accessing major arterial and secondary streets. The length of the right turn lane should be sufficient to allow a vehicle traveling at the posted speed to decelerate before entering the driveway as outlined in the Caltrans Highway Design Manual. f) Adequacy of pedestrian facilities. Access to/from the project site providing convenient and direct access for those users.
g) Bicycle accessibility. Access to/from nearby bike routes to the project site. h) Accessibility from adjacent transit stops. Access to/from the project site providing convenient and direct access for those users.

Safety and Operational Analysis
The TA shall examine existing roadway conditions to determine if safety and/or operational improvements are necessary due to an increase in traffic from the project or cumulative conditions.

The types of improvements to be identified may include, but are not limited to:
 Need for turning lanes.
 Intersections needing future sight distance studies.
 Parking restrictions.
 Measures to reduce cut-through traffic in adjacent residential areas and/or assessment of needed traffic calming measures.
 Potential impacts to adjacent schools, parks, and/or trails.

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 Queue lengths and deficiencies to adjacent intersections.  Need for signal interconnect systems.

Intersection Turn Lane Queuing Analysis
The TA shall examine the impacts on queue lengths, need for additional queuing area, and access to turn lanes at intersections and/or site access driveways.

Traffic Signal Warrant Analysis
The Engineer shall review intersections within the study area, including the project access points, to determine if signal warrants are met for any of the study year scenarios (Existing, Project Completion, Cumulative, etc.) Traffic signal warrant analysis should be performed using the latest edition of the California MUTCD. The warrant analysis should be included in the study appendices. The warrant analysis worksheets shall be included in the study appendices.

In determining the location of a new traffic signal on an arterial street or approaching an arterial street, traffic progression and simulation analysis may be required using Synchro/SimTraffic software or equivalent at the direction of the Transportation Department.

If the TA states that “a traffic signal is warranted” (or “a traffic signal appears to be warranted,” or similar statement) at an existing unsignalized intersection under existing conditions, 8-hour approach traffic volume information must be submitted in addition to the peak hourly turning movement counts for that intersection. This information will enable the County to assess whether a traffic signal should be installed at the intersection.

IMPROVEMENTS TO ADDRESS LOS DEFICIENCIES
Level of Service Improvements
As described in the Analysis Scenarios section, the Project Completion will be the basis for determining transportation-related deficiencies caused by the project. Any deficiencies identified in the TA as a result of the project shall be accompanied by recommendations to address said deficiencies. The Transportation Department will evaluate the recommendations and determine if they will be included as part of the conditions of approval.

The TA is also required to identify improvements necessary to address cumulative deficiencies. Within the TA, the Engineer will need to evaluate and determine if the improvements are eligible facilities in the WRCOG/CVAG TUMF or other approved funding mechanism (DIF, Road and Bridge Benefit District, etc.). If the improvements can provide the target LOS, payment into the TUMF (and/or other adopted funding program) will be considered as the project’s cumulative contribution towards the identified improvements and will be implemented through conditions of approval. The project’s

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proportionate share shall be identified based on the project’s share of new traffic for other improvements needed beyond those eligible within an adopted funding program (such as localized improvements to non-TUMF facilities) or improvements that are not fully “funded” through an adopted funding program, The proportionate share shall be determined using the following formula:

Fair Share = Project Traffic
Total Traffic – Existing Traffic
The Transportation Department may, at its discretion, condition the project to construct the identified improvement(s) should it be deemed necessary for the approval and operation of the project.