City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:
David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4
City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo
City Manager William R. Smith
City Attorney Carlos Campos
Agenda
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, November 18, 2025 – 5:00 PM
City Hall, Council Chambers
Closed Session
5:00 p.m.
Closed Session Called to Order
Roll Call
Public Comment - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items. If you wish to address the City Council regarding a Closed Session item, please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.
Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.
It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting.
If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record.
Closed Session
1) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9(d)(1)
Colton Housing Group LLC et al. v. City of Colton et al. San Bernardino County Superior Court Case No. CIVSB2521712.
2) Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)/(e)(1)
One (1) Potential Case
3) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 84956.9(d)(1)
City of Colton et al. v. Inland Memorial Inc. Cremation and Burial Society Inc.; Inland Memorial Inc.
San Bernardino Superior Court, Case No. CIVSB2300169
4) Public Employee Performance Evaluation
Job Titles: City Attorney & City Manager
City Attorney Oral Report on Closed Session Actions
Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
Open Session
6:00 P.M.
Open Session Called to Order
Invocation
Pastor Don Duenez - Echoes of Love Church
Flag Salute
Veterans of Foreign Wars (VFW) Member - Bernie Moyeda
Roll Call
Ceremonial Matters
Presentations, Awards, Proclamations
• Business Focus - Pizzadilly
• Proclamation - Small Business Saturday
Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030)
AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
Appointments
Mayor and Council Discussion Items
Public Hearings
To speak on public hearing items, it is requested that you Submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Business Items
To speak on business items, it is requested that you Submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
1) Ordinance Increasing City Council Compensation - Waive Full Reading, Read by Title Only, and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Amending Colton Municipal Code Sections 2.12.030 and 2.12.050 Increasing City Council and Mayor Compensation, Ordinance No. O-11-25.
Staff Person: Bill Smith
Public Comment - Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items or any other general subject. If you wish to address the City Council please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.
Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.
It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting.
If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record.
Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
1) Warrants - Approve voucher numbers 222274 to 222401 dated 10/16/2025 and totaling $2,180,143.59; voucher numbers 222402 to 222524 dated 10/23/2025 and totaling $1,200,972.76; wires totaling $3,982,146.15; and a payroll disbursement listing dated 09/27/2025 to 10/10/2025 and totaling $1,689,223.02.
Staff Person: Stacey Dabbs
2) Contract Amendment - OMNI Cemetery Management - Approve Third Contract Amendment for OMNI Cemetery Management and Budget Adjustment, for Management of Hermosa Gardens Cemetery.
Staff Person: Deb Farrar
3) Contract Award - Compressed Air Specialties - Award Contract to Compressed Air Specialties for Self-Contained Breathing Apparatus (SCBA) Fill Station Replacement in the Fire Department.
Staff Person: Ray Bruno
4) Grant - Yuhaaviatam Nation - Approve a Resolution Accepting the Community Risk Assessment Grant from the Yuhaaviatam Nation and Amend the FY25/26 Budget to Account for the Receipt of Funding, Resolution No. R-88-25.
Staff Person: Ray Bruno
5) MOU - CPMA - Approve and Adopt the Memoranda of Understanding and Resolution with the City of Colton and the Colton Police Management Association (CPMA), Resolution No. R-87-25.
Staff Person: Thomas Cody
6) MOU - CPOA - Approve and Adopt the Memoranda of Understanding (MOU) and Resolution with the City of Colton and the Colton Police Officers Association (CPOA), Resolution No. R-86-25.
Staff Person: Thomas Cody
7) Notice of Completion - Fiscal Year 2024-25 Slurry Seal Project - Approve the Execution and Recordation of the Notice of Completion for the Fiscal Year 2024-25 Slurry Seal Project.
Staff Person: Chad Blais
8) Set Public Hearing - Right-of-Way Vacation - Set Public Hearing Date of December 16, 2025 to Approve the following Resolution of Intention to Vacate Certain Portions of Right-of-Way, the full width of the alley north of Valley Boulevard, from Mt. Vernon Avenue to 280 feet west of Mt. Vernon Avenue, and certain portions of right-of-way, approximately 234 square feet, on the west side of Mt. Vernon Avenue, north of Valley Boulevard, Resolution No. R-90-25.
Staff Person: Chad Blais
9) Utility Relocation Agreement - SCE - Approve a Utility Relocation Agreement with Southern California Edison (SCE) for the Barton Road Bridge Removal and Road Construction Project.
Staff Person: Chad Blais
Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
City Manager's Reports
Adjournment
I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted, at least 72 hours prior to the meeting per Government Code 54954(a), at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov
Procedures for Addressing City Council
For the Official Record, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called by the City Clerk you may approach the podium to speak. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
Notice to Public
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk Office at (909) 370-5001 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk’s Office shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Legal Challenges
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
Manual of Procedure
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18, with the latest updates being approved on November 2, 2021. Copies are available in the Office of the City Clerk.
Item: 1.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Bill Smith, City Manager
Item Name: Ordinance Increasing City Council Compensation - Waive Full Reading, Read by Title Only, and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Amending Colton Municipal Code Sections 2.12.030 and 2.12.050 Increasing City Council and Mayor Compensation, Ordinance No. O-11-25.
Recommended Action:
Waive full reading, read by title only, and pass first reading of Ordinance No. O-11-25, An Ordinance of the City Council of the City of Colton, California, Amending Colton Municipal Code Sections 2.12.030 and 2.12.050 Increasing City Council and Mayor Compensation (Attachment 1).
Background:
The City Council last adjusted compensation for City Council members and the Mayor in 2023 via Ordinance No. O-07-23 (Attachment 2), which increased the monthly salary from $400 to $440 and the automobile allowance from $220 to $242. This adjustment took effect following the November 2024 election, in compliance with Government Code Section 36516.5, which prohibits mid-term increases. Prior adjustments occurred in 2011 and earlier, with salaries historically set well below the statutory maximum. The current monthly compensation is $440 in salary plus $242 in automobile allowance, for a total of $682 per month per elected official. At its November 4, 2025 meeting, the City Council provided direction to prepare an ordinance increasing compensation to $1,600 total monthly, eliminating the separate automobile allowance.
The proposed ordinance reflects this direction while ensuring compliance with state law.
Issues/Analysis:
In general law cities like Colton, City Council compensation is governed by Government Code Section 36516, which allows the City Council to establish by ordinance a salary up to a ceiling determined by the city’s population, as determined by the last preceding federal census or a subsequent estimate validated by the Department of Finance. For cities with populations over
50,000 up to and including 75,000 (Colton’s estimated 2025 population is 52,945), the maximum salary is up to $1,600 per month.
Government Code Section 36516(a)(4) allows increases beyond this population-based ceiling, but limits the amount of such increase to the greater of 5% per calendar year (non-compounded, as opined by the Attorney General) from the operative date of the last adjustment or inflation since January 1, 2024, based on the California Consumer Price Index (not exceeding 10% per calendar year). Ordinances cannot provide for automatic future increases.
For a directly elected Mayor, Government Code Section 36516.1 authorizes additional compensation beyond that received as a City Council member, which may be provided by ordinance or voter approval. No such additional compensation is proposed here, maintaining parity between the Mayor and Council members.
A 2010 California Attorney General Opinion (No. 08-405) concludes that a flat automobile allowance provided in lieu of reimbursing actual vehicle expenses is a form of compensation, distinct from reimbursements for actual and necessary expenses (which are excluded from the salary cap under Government Code Section 36516(e)). As such, the automobile allowance is generally included in compensation for purposes of calculating total compensation under the $1,600 monthly cap. Health, welfare, retirement benefits, and federal social security (per Section 36516(d)) are not included in this calculation.
The proposed ordinance amends Colton Municipal Code Sections 2.12.030 (City Council members) and 2.12.050 (Mayor) to increase total monthly compensation to $1,600 per elected official, as a single salary amount, eliminating the separate automobile allowance. The amendment to Section 2.12.030 includes a reference to Section 2.12.050 to clarify that the Mayor’s compensation is addressed separately, acknowledging that a directly elected Mayor may receive different or additional compensation under state law if the Council chooses to provide it in the future. The salary increase would take effect only after the next municipal election when at least one Council member begins a new term, ensuring compliance with Government Code Section 36516.5. To prevent any interim reduction in compensation, the elimination is expressly deferred in the ordinance to take effect concurrently with the salary increase; until that date, the existing $242 automobile allowance would continue. Elected officials may still seek reimbursement for actual and necessary vehicle expenses pursuant to Government Code Section 36514.5, which is excluded from the compensation cap. This proposal does not affect the City Clerk or City Treasurer salaries, which are governed separately.
Pursuant to Government Code Section 36516(f), any City Council member may voluntarily waive all or part of the compensation permitted by this ordinance by notifying the Finance Department in writing.
Fiscal Impacts:
If approved, upon full implementation, the annual increase for salary would be $11,016 per elected official (based on 5 elected officials; net increase is $918 per month per official as total compensation rises from $682 to $1,600). The above increases would result in an additional General Fund expense of approximately $63,875 annually upon full implementation for salary and related benefits.
Alternatives:
City Council may provide alternative direction to staff.
Attachments:
1. Ordinance O-11-25
2. Ordinance O-07-23
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25589.00100\44262015.1
ORDINANCE NO. O-11-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COLTON, CALIFORNIA, AMENDING COLTON
MUNICIPAL CODE SECTIONS 2.12.030 AND 2.12.050
INCREASING CITY COUNCIL AND MAYOR
COMPENSATION
WHEREAS, the City of Colton, California (“City”) is a general law city organized and existing under the Constitution and laws of the State of California; WHEREAS, California Government Code section 36516 provides a method by which salaries for members of the City Council are established and increased; and WHEREAS, California Government Code Section 36516(a) authorizes the City Council to enact an ordinance providing that each member of the City Council shall receive a salary based on the population of the City, with a maximum salary determined by population brackets; and WHEREAS, based on the most recent population estimates validated by the Department of Finance and the 2020 federal census, the City’s population is approximately 52,945 to 53,975, placing it in the bracket of cities over 50,000 up to and including 75,000 in population, which allows for a maximum salary of up to one thousand six hundred dollars ($1,600) per month per City Council member; and
WHEREAS, California Government Code Section 36516(a)(4) further authorizes the City Council to increase City Council salaries beyond the population-based maximum, so long as such increase does not exceed the greater of five percent (5%) for each calendar year from the operative date of the last adjustment (non-compounded) or inflation since January 1, 2024, based on the California Consumer Price Index (not to exceed 10% per calendar year); and WHEREAS, Colton Municipal Code Sections 2.12.030 and 2.12.050 establish the salary for City Council members and the Mayor, respectively; and WHEREAS, the City Council member and Mayor salary, last adjusted in 2023 pursuant to Ordinance No. O-07-23 and effective following the November 2024 election, is currently set at $440 per month, plus $242 per month in automobile allowance; and WHEREAS, a 2010 California Attorney General Opinion (No. 08-405) concludes that a flat automobile allowance provided to City Council members in lieu of reimbursing actual vehicle expenses is a form of compensation, distinct from reimbursement for actual and necessary expenses, and is therefore generally included in the total compensation for purposes of calculating the maximum allowable under Government Code Section 36516; and WHEREAS, the City Council desires to increase the monthly salaries for the City Council and Mayor to $1,600.00 as a single compensation amount, while eliminating the separate automobile allowance to simplify the structure; and
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WHEREAS, California Government Code Section 36516.1 authorizes additional compensation for a directly elected Mayor beyond that received as a City Council member, which may be provided by ordinance, but no such additional compensation is proposed herein; and WHEREAS, the proposed salary increases are in compliance with the Government Code; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Colton, California, does ordain as follows:
SECTION 1. Incorporation of Recitals. The City Council hereby finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. Amendment to Colton Municipal Code. Colton Municipal Code Chapter
2.12 Compensation of City Officials—Bonds, Section 2.12.030 City Council members is amended to read as follows:
“2.12.030 - City Council members.
The salary of each member of the City Council is fixed at One Thousand Six Hundred dollars ($1,600) per month. The compensation for the Mayor is set forth in Section 2.12.050.”
SECTION 3. Amendment to Municipal Code. Colton Municipal Code Chapter 2.12 Compensation of City Officials—Bonds, Section 2.12.050 Mayor is amended to read as follows:
“2.12.050 - Mayor.
The salary of the Mayor of the City is fixed at One Thousand Six Hundred dollars ($1,600) per month.”
SECTION 4. Compliance with California Environmental Quality Act. The City Council finds that adoption of this Ordinance is not a “project,” as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment pursuant to CEQA Guideline 15061(b)(3) and concerns general policy and procedure making.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. The salary increases provided herein shall take effect only when at least one member of the City Council commences a new term following the next municipal election, in compliance with Government Code Section 36516.5. The elimination of a separate automobile allowance shall take effect concurrently with the salary increases, such that the current automobile allowance shall continue until the date the salary increases become effective.
SECTION 7. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this 18th day of November, 2025.
Frank Navarro, Mayor
ATTEST:
Isaac Suchil, City Clerk
APPROVED AS TO FORM
Best Best & Krieger LLP
City Attorney
1 ORDINANCE NO. 0- 07- 23
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 COLTON, CALIFORNIA, AMENDING COLTON MUNICIPAL
CODE SECTIONS 2. 12. 010, 2. 12. 020, 2. 12. 030, AND 2. 12. 050 4 INCREASING CITY CLERK AND CITY TREASURER SALARY
AND CITY COUNCIL AND MAYOR SALARY AND AUTOMOBILE
5 ALLOWANCE
6 WHEREAS, the City of Colton, California (" City") is a general law city organized and 7 existing under the Constitution and laws of the State of California.
WHEREAS, California Government Code section 36516 provides a method by which 8 salaries for members of the City Council are established and increased.
WHEREAS, California Government Code Section 36516( a) authorizes the City 9 Council to enact an ordinance providing that each member of the City Council shall receive a 10 salary based on the population of the City.
WHEREAS, California Government Code Section 36516( a)( 4) further authorizes the 11 City Council to increase City Council salaries beyond the amount based on the population of 12 the City, so long as such increase does not exceed an amount equal to five percent ( 5%) for each calendar year from the operative date of the last adjustment of salary. 13 WHEREAS, Colton Municipal Code Sections 2. 12. 030 and 2. 12. 050 establish the salary for city councilmembers and the mayor, respectively. 14 WHEREAS, the city councilmember and mayor salary, adopted in 2011 pursuant to 15 Ordinance No. No. 0- 01- 11 is currently set at $ 400 per month, plus $ 220 per month in auto allowance.
16 WHEREAS, the City Council has not elected to increase or adjust the salary for the City Council in twelve years.
17 WHEREAS, Government Code section 36517 allows the City Council to fix City Clerk 18 and City Treasurer salaries by ordinance or resolution.
WHEREAS, Colton Municipal Code Sections 2. 12. 010 and 2. 12. 020 establish the 19 salary for the city clerk and city treasurer, respectively.
WHEREAS, in line with recent City employee salary increases, the City Council 20 desires to also increase the salaries for the City Clerk, City Treasurer, City Council, and 21 Mayor by amending Colton Municipal Code sections 2. 12. 010, 2. 12. 020, 2. 12. 030, and
2. 12. 050.
22 WHEREAS, the City Council desires to similarly increase the automobile allowance for City Council and the Mayor.
23 WHEREAS, the proposed salary increases are in compliance with the Government 24 Code.
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have 25 occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, 26 CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
27 SECTION 1. Incorporation of Recitals. The Recitals herein are true and correct and an incorporated herein by this reference.
28 SECTION 2. Amendment to Municipal Code. Colton Municipal Code Chapter 2. 12
1 Compensation of City Officials— Bonds, Section 2. 12.010 City Clerk is amended to read as follows:
2 2. 12. 010 - City Clerk.
3 As consideration for those duties required by State Law to be performed by the City Clerk, the City Clerk Shall be paid a salary of four hundred and seven dollars ($ 407) per 4 Month, payable at the time and in the manner that other salaries of the City are paid. The 5 City Council may also, in its sole discretion, assign to the City Clerk, through the adoption of a job description, any other supplemental duties reasonably related to the elected City Clerk 6 position, and may provide by Resolution for the oversight of such supplemental duties and for supplemental compensation to be paid for such supplemental duties. The City Council 7 may also provide for such duties to be terminated in any manner it deems necessary. The 8 City Clerk's acceptance and performance of the supplemental duties and supplemental compensation shall not give the City Clerk tenure at the City or otherwise confer regular 9 employment status upon the City Clerk."
SECTION 3. Amendment to Municipal Code. Colton Municipal Code Chapter 2. 12 10 Compensation of City Officials— Bonds, Section 2. 12.020 City Treasurer is amended to read 11 as follows:
2. 12. 020 - City Treasurer.
12 The Treasurer of the City shall be paid a salary of two hundred forty seven dollars and fifty cents ($ 247. 50) per month payable at the time and in the manner that other salaries 13 are paid. The City Council may provide by Resolution for supplemental compensation." 14 SECTION 4. Amendment to Municipal Code. Colton Municipal Code Chapter 2. 12 Compensation of City Officials— Bonds, Section 2. 12.030 City Council members is amended 15 to read as follows:
2. 12. 030 - City Council members.
16 The salary of each member of the City Council is fixed at four hundred forty dollars 17 ($ 440) per month. In addition, each member of the City Council shall receive an auto allowance of two hundred forty two dollars ($ 242) per month." 18 SECTION 5. Amendment to Municipal Code. Colton Municipal Code Chapter 2. 12 Compensation of City Officials— Bonds, Section 2. 12. 050 Mayor is amended to read as 19 follows:
20 2. 12. 050 Mayor.
The salary of the Mayor of the City is fixed at four hundred forty dollars ($ 440) per 21 month. In addition, the Mayor shall receive an auto allowance of two hundred forty two 22 dollars ($ 242) per month."
SECTION 6. Effective Date. This Ordinance shall take effect thirty ( 30) days after its 23 adoption.
SECTION 7. Severability. If any section, subsection, subdivision, paragraph, 24 sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be 25 unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed 26 each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, 27 sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this 28 Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this
1 Ordinance shall not be affected.
SECTION 8. Certification and Publication. The City Clerk of the City of Colton shall 2 certifyto the adoptionof this Ordinanceand causepublicationto occur in a newspaperof 3 general circulationand publishedand circulatedin the City in a manner permittedunder California Government Code Section 36933.
4 SECTION 9. CEQA. The City Council finds that adoption of this Ordinance is not a 5 "
project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably 6 foreseeable indirect physical change in the environment pursuant to CEQA Guideline 15061(b)(3) and concerns general policy and procedure making. 7 8 PASSED, APPROVED, AND ADOPTED THIS 8th DAY OF JULY 2023. 9 10
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11 n i; V7 VO'
Y
12 Mayor
13 ATTEST:
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16 STEPHANIE M. VARGAS
Deputy City Clerk
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19 APPROVED AS TO FORM:
20 21 01111111M0
22 BEST BEST & 1Wi ' LP
City Attorney
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1 STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ss.
2 CITY OF COLTON
3 4
CERTIFICATION
5 6 I, STEPHANIE M. VARGAS, Deputy City Clerk for the City of Colton, California, 7 do herebycertify thattheforegoingis a full, true andcorrectcopyof ORDINANCE NO. 0- 8 07-23, duly adoptedby theCity Councilof saidCity, andapprovedby the Mayor of saidCity, 9 at its RegularMeetingof saidCity Councilheldonthe 18thday of July 2023, andthatit was adoptedby the following vote, to wit:
10 11 AYES: COUNCILMEMBER Toro, Chastain, Gonzalez, Echevarria, 12 Mayor Navarro
13 NOES: COUNCILMEMBER None
14 ABSTAIN: COUNCILMEMBER None
15 ABSENT: COUNCILMEMBER None
16 17 IN WITNESS WHEREOF, I have hereuntoset my hand and affixed the official sealof 18 the City of Colton, California, this day of
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21 STEPHANIE M. VARGAS
22 Deputy City Clerk
23 City of Colton
24 ( SEAL)
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Item: 1.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve voucher numbers 222274 to 222401 dated 10/16/2025 and totaling $2,180,143.59; voucher numbers 222402 to 222524 dated 10/23/2025 and totaling $1,200,972.76; wires totaling $3,982,146.15; and a payroll disbursement listing dated 09/27/2025 to 10/10/2025 and totaling $1,689,223.02.
Recommended Action:
Approve voucher numbers 222274 to 222401 dated 10/16/2025 and totaling $2,180,143.59; voucher numbers 222402 to 222524 dated 10/23/2025 and totaling $1,200,972.76; wires totaling $3,982,146.15; and a payroll disbursement listing dated 09/27/2025 to 10/10/2025 and totaling $1,689,223.02.
Background:
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business. All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.
Issues/Analysis:
Fiscal Impacts:
Alternatives:
1. Provide alternative direction to staff.
Attachments:
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
Item: 2.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Deb Farrar, Director
Item Name: Contract Amendment - OMNI Cemetery Management - Approve Third Contract Amendment for OMNI Cemetery Management and Budget Adjustment, for Management of Hermosa Gardens Cemetery.
Recommended Action:
1. Approve Amendment No. 3 to the Professional Services Agreement with OBI Group, Inc. dba OMNI Cemetery Management (“OMNI”), extending the contract term through December 31, 2026, to ensure continued cemetery operations while the City resolves ongoing litigation involving Inland Memorial and evaluates long-term operating models for Hermosa Gardens Cemetery.
2. Authorize the City Manager to execute Amendment No. 3 and any related documents, in a form approved by the City Attorney.
3. Authorize continued expenditures from the existing Cemetery Operations budget, as amended by Resolutions R-87-23 and R-89-24, with an additional funding allocation of $350,000 dedicated to the contract extension and additional work to move the project towards the next phase. All other related expenditures will be incorporated into the FY 2025/26 Mid-Year and FY 2026/27 budgets.
Background:
Hermosa Gardens Cemetery, located at 900 N. Meridian Avenue, is a City-owned facility that provides interment, memorial, and chapel services for the community. From 2000 to 2023, the cemetery was operated by Inland Memorial, Inc. Following the revocation of Inland’s licenses by the State Cemetery and Funeral Bureau, the City assumed operational oversight and entered into an interim agreement with OMNI Cemetery Management in October 2023 to stabilize
operations, restore service continuity, and complete an audit of records.
In August 2024, the City extended OMNI's contract for an additional year to address greater operational needs, with Resolution R-89-24 allocating $447,000 in the FY 2024/25 budget for professional services, operational expenses, digitization of records, and capital equipment replacement. On September 17, 2024, the City Council approved Amendment No. 2, clarifying the compensation structure, increasing the total contract amount, and affirming Council’s intent to maintain OMNI’s management services. However, that action did not specify an extended end date, pending further evaluation of operational progress and legal developments.
Issues/Analysis:
Since assuming management, OMNI Cemetery Management has worked diligently to stabilize daily operations and restore community trust, addressing challenges that extend well beyond the original scope of work. OMNI continues to perform at a high standard, delivering consistent maintenance, customer service, and operational stability. Their familiarity with the site, legacy records, and community expectations remains essential to ensuring service quality during this transitional period.
Since taking over operations at Hermosa Gardens Cemetery, OMNI has:
• Stabilized operations and improved service delivery. OMNI has rebuilt community confidence, standardized administrative processes, and ensured that families receive compassionate and professional service during sensitive times. • Absorbed unforeseen staffing and equipment costs. Service demands have required higher staffing levels than originally anticipated. The Cemetery Manager routinely accommodates extended hours to meet family needs, and additional maintenance personnel have been necessary to sustain grounds, interments, and facility repairs. Much of the cemetery’s inherited equipment was in poor condition, resulting in unplanned maintenance and temporary replacements that OMNI initially absorbed. • Resolved legacy obligations from the prior operator. OMNI has assisted the City in addressing unfulfilled contracts and commitments left by Inland Memorial, actions that have been critical to restoring public confidence and maintaining compliance with cemetery regulations.
• Supported the City’s operational transition. OMNI has played a key role in guiding the City through a continuing audit process, digitization of historic records, and the development of updated pricing, policy, and administrative practices that lay the groundwork for long-term sustainability.
The extension through December 31, 2026 is necessary to ensure the uninterrupted operation of Hermosa Gardens Cemetery while the City completes critical legal, administrative, and policy milestones. Specifically, the additional time will allow the City to:
• Maintain continuous service for families and funeral providers while long-term operational decisions are being evaluated. The cemetery provides essential public
services that must remain stable, compassionate, and reliable during this transition period. • Allow adequate time for resolution of the Inland Memorial litigation, which directly affects the reconciliation of trust funds, verification of pre-need contracts, and clarification of ownership and recordkeeping responsibilities. • Provide staff sufficient time to return to Council by the second quarter of 2026 with a comprehensive policy and management plan outlining sustainable long-term options, including:
o City-operated model with dedicated staffing, where the City would assume full management responsibility supported by a permanent Cemetery Division within the Community Services Department;
o Continued contract operation through a competitive Request for Proposals (RFP), allowing the City to maintain private management while ensuring competitive pricing and performance standards;
o Creation of a Cemetery District, a public governance structure established under state law that would allow the cemetery to operate as a self-sustaining special district. This model could provide greater financial independence, the ability to levy assessments or fees specific to cemetery operations, and long-term governance stability separate from the City’s general fund; and o Sale or lease of the cemetery to a qualified funeral and cemetery operator, ensuring professional management continuity while relieving the City of direct operational and regulatory obligations.
This extension period will allow staff to fully assess these options, incorporate legal and financial findings from the Inland Memorial case, and present a well-informed recommendation that balances fiscal responsibility with the City’s commitment to serving families with dignity and care.
This proposed amendment aligns with and builds upon previous Council actions. Through Resolutions R-87-23 and R-89-24, approved during FY 2023/24 and FY 2024/25, the City Council allocated funds to stabilize cemetery operations, address deferred maintenance, and support the management contract with OMNI. These appropriations laid the groundwork for restoring service quality, improving facilities, and strengthening administrative oversight.
Amendment No. 3 continues this effort by establishing a defined contract term and providing adequate funding to maintain operations through December 2026, ensuring the City’s investment and progress to date are carried forward into the next phase of planning and evaluation.
City staff recommend extending the agreement with OMNI Cemetery Management through December 2026 and increasing the allocation for professional services at Hermosa Gardens Cemetery to support ongoing operations. This extension and adjustment reflect the actual cost of maintaining consistent, high-quality service levels while the City completes litigation, record reconciliation, and long-term operational planning.
To accommodate the continuation of services, an additional allocation of $300,000 is required to fund the OMNI Cemetery Management contract through the extended term. This funding ensures
the uninterrupted delivery of essential cemetery functions, including daily interments, family assistance, customer service, grounds maintenance, and facility upkeep. These activities are integral to maintaining compliance with State regulations and public expectations, and as such, are considered part of the City’s core municipal service obligations. Accordingly, this portion of the appropriation will be supported by the General Fund.
In addition, an extra allocation of $50,000 is recommended to address deferred and long-term site concerns. These include gopher mitigation and turf restoration, repairs and enhancements to the niche garden and memorial areas, and preliminary environmental studies for the undeveloped section of the cemetery. These efforts are essential to preserving the site’s integrity, improving visitor experience, and informing future development or land-use decisions associated with the cemetery’s long-term operations.
While this additional allocation of $350,000 represents a short-term investment, it ensures operational stability, preserves community confidence, and provides the necessary time for staff to develop a comprehensive policy recommendation regarding the cemetery’s future management structure.
Fiscal Impacts:
Adoption of Resolution R-99-25 would amend the FY2025-26 adopted budget to appropriate an additional $350,000 from General Fund reserve to General Fund Community Services Cemetery Professional Services Account Number 100-6200-6234-2350-0000-000.
Alternatives:
Attachments:
1. OMNI - Contract Amendment 02
2. OMNI - Contract Amendment 03
3. R-99-25 RESO - OMNI.Hermosa
(BB&K: 06/2024)
23152.06000\32391457.2
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
OBI GROUP, INC. DBA OMNI CEMETERY MANAGMENT
1. P
ARTIES AND DATE.
This Amendment No. 2 to the Profe ssional Services Agreement is made and entered into this 1 st day of September, 2024, by and between the City of Colton, a C alifornia municipal corporation (“City”), and OBI Group, Inc. (dba OMNI Cemetery Ma nagement) (“Contractor”).
City and Contractor are sometime s individually referred to here in as “Party” and collectively as “Parties.”
2. R
ECITALS.
2.1 Contractor. City and Contract or entered into an agreement on October 4, 2023 (“Agreement”), whereby Contractor agreed to provide cemetery ma nagement and operation services at Hermosa Gardens Cemetery, which the City owns.
2.2 Amendment Purpose. City and Contractor now desire to amend the Agreement for the purposes of additional compensation for costs and services incurred during the timeframe.
2.3 Amendment Authority. This Am endment No. 2 is authorized pu rsuant to Section
2.1.2 of the Agreement.
3. T ERMS.
3.1 Amendment. The Agreement sec tions noted below are hereby am ended in their entirety to read as follows:
2.3.1 Fees and Payments Compensati on. Contractor shall receive compensation, including authorized r e i m b u r s e m e n t s , f o r a l l S e r vices rendered under this Agreement at t he rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The tota l compensation paid to Contractor shall not exceed Seven Hundred, Fifty Thousand Dollars ( $750,000) without prior written approval of City’s City Manager . Contractor shall be compensated on a monthly basis, following submittal and approval of an invoice by the City Mana ger. The City Manager shall notify Contra ctor of any discrepancies withi n five (5) days following submittal of invo ice. Extra Work may be authori zed, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
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Contractor may not retain income from pre-need property, rights , pre-need or at- need endowment care funds collect ed. Contractor may retain all income from markers, vases and other retail items, approved by the City.
Exhibit C to the Agreement is hereby deleted in its entirety and replace d with Exhibit C attached hereto to this Amendment No. 2 and incorpora ted herein by reference.
3.2 Continuing Effect of Agreement. Except as amended by this A mendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agre ement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.3 Adequate Consideration. The Parties hereto irrevocably st ipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2
3.4 Severability. If any porti on of this Amendment No. 2 is d eclared invalid, illegal, or otherwise unenforceable by a c ourt of competent jurisdiction , the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 2 may be executed in dup licate originals, each of which is deemed to be an original, but when taken toget her shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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23152.06000\32391457.2
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND OBI GROUP, INC DBA OMNI CEMETERY MANAGMENT
IN WITNESS WHEREOF, the Parties have entered into this Amendmen t No. 2 to the Agreement as of the day and year first above written.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Isaac T. Suchil
City Clerk
OBI GROUP, INC. DBA OMNI CEMETERY MANAGMENT
a Corporation
By: _________________________
G. Denise Hampton
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT "C- AMENDMENT NO. 2
COMPENSATION
NOT-TO-EXCEED $750,000
POSITION HOURLY RATE
Primary Contractor – Cemetery Manager $75
Maintenance Staff $25
MONTHLY FEES
Overhead costs for staffing, insurance and other related expenses
$1000
OPERATIONAL COSTS
Including fuel, equipment repair/replacement and operational supplies.
Documentation must be included with monthly invoice.
REFUNDS / AMENDMENTS OR OTHER FEES
Any refunds and waived or amended fees to customers based on previous operator error. Documentation must be included with monthly invoice.
(BB&K: 06/2024)
23152.06000\32391457.2
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
OBI GROUP, INC. DBA OMNI CEMETERY MANAGMENT
1. P
ARTIES AND DATE.
This Amendment No. 3 to the Profe ssional Services Agreement is made and entered into this 5 th day of November 2025, by and between the City of Colton, a Cal ifornia municipal corporation (“City”), and OBI Group, Inc. (dba OMNI Cemetery Ma nagement) (“Contractor”).
City and Contractor are sometime s individually referred to here in as “Party” and collectively as “Parties.”
2. R
ECITALS.
2.1 Contractor. City and Contract or entered into an agreement on October 4, 2023 (“Agreement”), whereby Contractor agreed to provide cemetery ma nagement and operation services at Hermosa Gardens Cemetery, which the City owns.
2.2 Amendment Purpose. City and Contractor now desire to amend the Agreement for the purposes of additional compensation for costs and services incurred during the timeframe.
2.3 Amendment Authority. This Am endment No. 3 is authorized pu rsuant to Section
2.1.2 of the Agreement.
3. T ERMS.
3.1 Amendment. The Agreement sec tions noted below are hereby am ended in their entirety to read as follows:
2.3.1 Term. The term of this Agreement shall be from November 1, 202 5, to December 31, 2026, unless earlier terminated as provided herein o r extended by the Parties’ mutual written agreement. All applica ble indemnification provisions of th is Agreement shall remain in ef fect following the termination of this Agreement.
2.3.2 Fees and Payments Compensation. Contractor shall receive compensation, including authorized r eimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation paid to Contractor shall not exceed One Million, One Hundred Thousand Dollars ( $1,100,000) without prior written approval of City’s City Manager. Contractor shall be compensated on a monthly basis, following submittal and approval of an invo ice by the City Manager. The City
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Manager shall notify Contractor o f any discrepancies within fiv e (5) days following submittal of invoice. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
Contractor may not retain income from pre-need property, rights , pre-need or at- need endowment care funds collect ed. Contractor may retain all income from markers, vases and other retail items, approved by the City.
Exhibit C to the Agreement is hereby deleted in its entirety and replace d with Exhibit C attached hereto to this Amendment No. 3 and incorporated herein by reference.
3.2 Continuing Effect of Agreement. Except as amended by this A mendment No. 3, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.
3.3 Adequate Consideration. The Parties hereto irrevocably st ipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3
3.4 Severability. If any porti on of this Amendment No. 3 is d eclared invalid, illegal, or otherwise unenforceable by a c ourt of competent jurisdiction , the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 3 may be executed in dup licate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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23152.06000\32391457.2
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND OBI GROUP, INC DBA OMNI CEMETERY MANAGMENT
IN WITNESS WHEREOF, the Parties have entered into this Amendmen t No. 3 to the Agreement as of the day and year first above written.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Isaac T. Suchil
City Clerk
OBI GROUP, INC. DBA OMNI CEMETERY MANAGMENT
a Corporation
By: _________________________
G. Denise Hampton
_________________________
Title (Print)
4 (BB&K: 06/2024)
23152.06000\32391457.2
EXHIBIT "C- AMENDMENT NO. 3
COMPENSATION
NOT-TO-EXCEED $1,100,000
POSITION HOURLY RATE
Primary Contractor – Cemetery Manager $75
Maintenance Staff $25
MONTHLY FEES
Overhead costs for staffing, insurance and other related expenses
$1000
OPERATIONAL COSTS
Including fuel, equipment repair/replacement and operational supplies.
Documentation must be included with monthly invoice.
REFUNDS / AMENDMENTS OR OTHER FEES
Any refunds and waived or amended fees to customers based on previous operator error. Documentation must be included with monthly invoice.
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RESOLUTION NO. R-99-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING THE FY 2025-2026 BUDGET TO ALLOCATE ADDITIONAL $350,000
FUNDING FOR THE OPERATIONS AND MANAGEMENT OF HERMOSA GARDENS
CEMETERY
WHEREAS, The City of Colton owns Hermosa Gardens Cemetery, a municipal cemetery located at 900 North Meridian Avenue and until 1999, operated a nd managed the cemetery directly; and,
WHEREAS, in 2000 the City entered into an agreement with Inland Memorial, Inc. for the operation of the cemetery; howev er, following regulatory action s and revocation of Inland Memorial’s licenses in 2023, the City resumed full responsibility for the property and retained OBI Group, Inc. dba OMNI Cemetery Management (“OMNI”) to stabilize daily operations and restore community trust; and
WHEREAS , OMNI has worked diligently to provide professional management , maintain customer service continuity, an d implement critical operational and recordkeeping improvements while assisting the City in addressing legacy issu es left by the prior operator; and
WHEREAS , in FY 2023/24 and FY 2024/25 the City Council adopted Resolutions R-87-23 and R-89-24, appropriating funds to re-establis h operations, pe rform facility and equipment upgrades, and support professional management services at Hermosa Gardens Cemetery; and
WHEREAS , while substantial progress has been achieved, the scope of wo rk and staffing required to meet public demand an d complete pending litigation matters have proven greater than initially anticipated, warra nting a continuation of the ex isting management contract through December 31, 2026; and
WHEREAS, to support this extension, it is necessary to amend the FY 20 25/26 budget to provide an additional allocation for professional services and related operational costs associated with OMNI’s contract; and
WHEREAS, given the essential and ongoing na ture of cemetery operations, the General Fund will provide the primary funding source for this appropriation, supplemented by cemetery service revenues.
NOW, THEREFORE, THE CITY COUNCI L FOR THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of Colton hereby amends the FY2025-26 adopted budget to appropriate $350,000 from:
General Fund reserve in the amount of $350,000
Expenditure accounts increased as follows:
100 6200 6234 2350 0000 000 Professional Services $350,000
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PASSED, APPROVED AND ADOPTED THIS 4th DAY OF NOVEMBER 2025.
________________________________________
F R A N K J . N A V A R R O
Mayor
ATTEST:
ISAAC T. SUCHIL
City Clerk
Item: 3.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Ray Bruno, Fire Chief
Item Name: Contract Award - Compressed Air Specialties - Award Contract to Compressed Air Specialties for Self-Contained Breathing Apparatus (SCBA) Fill Station Replacement in the Fire Department.
Recommended Action:
Staff recommends that the City Council authorize the City Manager to execute a contract with Compressed Air Specialties for the purchase and installation of a Self-Contained Breathing Apparatus (SCBA) fill station in the amount of $91,875.38.
Background:
The Fire Department utilizes a high-pressure air compressor and fill station to refill SCBA cylinders, which provide firefighters with the clean breathing air needed to operate safely in hazardous environments. The existing SCBA fill station has been in service for more than 30 years and has exceeded its recommended operational life.
Due to its age, replacement parts and technical support for the current system are no longer readily available, resulting in increased maintenance costs and reliability concerns. Ensuring continued operational readiness and firefighter safety requires the replacement of the unit.
Issues/Analysis:
During the FY 2025/2026 budget process, funding was approved for this equipment replacement.
Compressed Air Specialties submitted a proposal that meets all operational and safety requirements and is consistent with current NFPA standards. The company is a well-recognized industry leader known for reliability and long-term support of SCBA fill station systems.
The replacement unit will ensure:
• Improved reliability and safety for fire personnel
• Compliance with updated NFPA standards
• Reduced downtime and maintenance issues
In accordance with Colton Municipal Code Section 3.08.120(B), a competitive bidding process was conducted. Three companies submitted proposals for this project:
• Compressed Air Specialties – $91,875.38
• Tinosa Inc. – $91,392.43
• Bauer Compressors – $105,942.43
Although Compressed Air Specialties’ proposal was slightly higher in cost, their bid included additional services not offered by the other vendors. These services include the removal of the existing compressor, the reuse and installation of our current compliant storage tanks—allowing for increased storage capacity—and the recycling and environmentally responsible disposal of old compressor components. Staff recommends awarding the contract to Compressed Air Specialties.
Fiscal Impacts:
Sufficient appropriations for the SCBA fill station replacement are available in the FY 2025/2026 Capital Budget in General Fund Fire Department Miscellaneous Equipment Account Number 100-6090-6091-4930-0000-000. Total project cost, including purchase, installation, and training, will not exceed $91,875.38.
Alternatives:
Provide an alternative direction to staff.
Attachments:
1. Compressor quotes
Item: 4.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Ray Bruno, Fire Chief
Item Name: Grant - Yuhaaviatam Nation - Approve a Resolution Accepting the Community Risk Assessment Grant from the Yuhaaviatam Nation and Amend the FY25/26 Budget to Account for the Receipt of Funding, Resolution No. R-88-25.
Recommended Action:
Staff recommends that the City Council adopt Resolution Number R-88-25 to accept the grant from the Yuhaaviatam Nation in the amount of $40,000 to perform a comprehensive Community Risk Assessment (CRA) for the City of Colton Fire Department. Staff further recommends that the City Council authorize the City Manager to execute all necessary documents to accept the grant and implement the project.
Background:
The Colton Fire Department applied for the Fiscal Year 2025 grant from the Yuhaaviatam Nation (formally San Manuel) to perform a comprehensive Community Risk Assessment (CRA).
The purpose of this project is to identify, analyze, and prioritize the most significant risks impacting the City of Colton, including fire, medical, environmental, and man-made hazards.
This assessment will provide a data-driven foundation for the department’s Community Risk Reduction (CRR) programs, emergency response planning, and resource allocation.
The CRA aligns with national fire service standards, including the Center for Public Safety Excellence (CPSE) and National Fire Protection Association (NFPA) 1300, which emphasize evidence-based decision-making in public safety planning. The information gathered through this process will also support future grant applications and guide the development of targeted prevention and mitigation strategies throughout the community.
Issues/Analysis:
Currently, the Colton Fire Department utilizes a variety of standalone data sources—such as incident reports, inspection databases, and demographic data—to assess local risks. However,
this information is not integrated into a single, comprehensive framework. Without a consolidated risk analysis, the department’s ability to identify high-hazard areas, vulnerable populations, and service gaps is limited.
Completion of the CRA will enable the department to make data-informed recommendations to City leadership, strengthen the city’s eligibility for future FEMA and DHS grants, and enhance public safety through targeted community outreach and prevention initiatives.
Fiscal Impacts:
Acceptance of the Yuhaaviatam Nation grant will need the FY2025/26 Fiscal Year Budget to increase revenues in the Miscellaneous Grant Fund Account Number 225-5879-026 by $40,000.00 and increase appropriations in the Miscellaneous Grants Fund Fire Department Expenditure Account Number 225-6090-6091-2350-0000-026 by $40,000.00.
There is no fiscal impact to the City’s General Fund as this grant does not require any local matching funds.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. Resolution R-88-25
2. Award Letter CRA Grant
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RESOLUTION NO. R-88-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON ACCEPTING A CRA GRANT IN THE AMOUNT OF
$40,000 FROM THE YUHAAVIATAM NATION, AND AMEND THE
FISCAL YEAR 2025-2026 BUDGET
WHEREAS: The Budget for Fiscal Year commencing July 1, 2025, and ending June 30, 2026, was approved, and adopted by Resolution No. R-32-25; and WHEREAS: The approved budget is in accordance with all applicable ordinances of the City and applicable statues of the State; and
WHEREAS: The re-allocation of appropriations between department activities may be made by the City Manager. Amendments (increases/decreases) to the budget shall be by approval and Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approve and accept the Yuhaaviatam Nation Grant in the amount of $40,000.
SECTION 2. It is necessary to make an amendment to the 2025-2026 Budget; increasing the revenue estimate in Account Number 225-5879-026 in the amount of $40,000 and an associated increase of apportions in the Fire Department Account Number 225-6090-6091-2350- 0000-026 in the amount of $40,000.
SECTION 2. The amendment is hereby approved, adopted, and incorporated herein.
PASSED, APPROVED AND ADOPTED this 18th day of November 2025.
ATTEST: FRANK J. NAVARRO
Mayor
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ISSAC SUCHIL,
City Clerk
September 1, 2025
Mr. David Santos
Battalion Chief
City of Colton – Colton Fire Department
303 East E Street
Colton, CA 92324
Re: Charitable Donation
Dear Chief Santos,
On behalf of Yuhaaviatam of San Manuel Nation (“Tribe”), we want to thank you and your organization for the programs and services you provide to our community.
We are pleased to inform you that we approved a donation in the amount of $40,000.00 to support your efforts. By accepting this charitable donation (“Grant”) from Tribe, City of Colton Fire Department (“Grantee”) agrees to abide by the following terms and conditions:
I. GRANTEE’S STATUS. Grantee warrants and represents that it is a public school, Tribal or other government entity, or tax-exempt organization under Section 501(c) (3) of the Internal Revenue Code of 1986, as amended (the “Code”), and is not a private foundation as defined in Section 509(a) of the Code. Grantee has provided Tribe with a copy of IRS determination letter(s) evidencing its status as an eligible recipient and warrants and represents that such determination letter(s) are currently in full force and effect. Regardless of Grantee’s current tax status, Grantee will notify Tribe immediately of any actual or proposed change in tax status.
II. PURPOSE OF GRANT. Tribe’s Grant is to provide funding in support of Community Risk Reduction Program (hereinafter “Grant Project”). The Grant is made only for specific charitable purposes described in this letter and may not be used for any other purpose without prior written approval from Tribe.
III. GOALS, OBJECTIVES, OUTCOMES AND EVALUATIONS OF GRANT PROJECT.
1. Goals & Objectives. Grantee shall undertake the following within [twelve] months following the date of this letter (“Execution Period”) unless Tribe agrees in writing to alternative timelines: (See Attachment A: Goals, Objectives, Outcomes and Evaluations of Grant Project, incorporated herein by reference).
2. Outcomes & Evaluation. The Outcomes will be evaluated and reported in sum at the completion of the Execution Period of this Agreement: (See Attachment A: Goals, Objectives, Outcomes and Evaluations of Grant Project, incorporated herein by reference).
IV. AMOUNT AND PAYMENT OF GRANT. Full payment of Forty Thousand Dollars ($40,000.00) is to provide funding in support of Grant Project and will be used as follows: (See Attachment B: San Manuel Grant Project Budget, incorporated herein by reference).
V. PERIOD OF GRANT. The Grant will be applied for projects executed during the 12-month period following this date of this letter unless otherwise agreed upon in writing by Tribe. No applications for new support will be accepted from Grantee until the conclusion of the Execution Period in compliance with Section III.1 above, unless the Grant Project is event/date specific.
VI. EXPENDITURE OF GRANT FUNDS
1. Use of Funds. Grantee will spend the Grant only for the purposes described in this letter.
2. Prohibited Uses. Grantee will not use any of the Grant in a manner inconsistent with Section 501(c)(3) of the Code, including:
a. Carrying on propaganda, or otherwise attempting to, influence legislation; b. Influencing the outcome of any specific public election; c. Carrying on, directly or indirectly, any voter registration drive; d. Inducing or encouraging violations of law or public policy, or e. Causing any private inurement or improper private benefit to occur.
3. Payment of Funds to Related Parties of Tribe. No part of this Grant may be paid to any director, officer, employee or citizen (or their family members) of Tribe for any purpose.
VII. RECORDS, AUDITS, SITE VISITS. The Grant will be accounted for separately in Grantee’s books and records. A systematic accounting record shall be kept by Grantee of the receipt and disbursement of the Grant. Grantee will retain original substantiating documents related to restricted Grant expenditures and make these records available for Tribe’s review upon request. Grantee will be responsible for maintaining adequate financial records pertaining to the Grant for a minimum of three (3) years after completion of the Grant Project. Tribe, or its designated representative, reserves the right to conduct a site visit and/or audit Grantee’s books and records relating to the expenditure of the Grant.
VIII. REPORTS. Grantee will submit a written semi-annul summative and final written report.
Such written reports must be signed by an officer of Grantee and shall conform to the report template provided by Tribe’s Strategic Philanthropy Department. Please do not complete or submit a report until you have received the report notification from the Strategic Philanthropy Department. Tribe shall send such templates and notice of the report’s due date on the six month anniversary of the Effective Date and upon completion of the Execution Period.
This template will be emailed to the Primary Contact listed in your grant application. Should
this contact information change during the course of the Execution Period, please notify our office immediately.
IX. LICENSING AND CREDENTIALS. Grantee will maintain, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities, and for its employees and all other persons engaged in work in conjunction with the Grant Project.
X. MANAGEMENT AND ORGANIZATIONAL CHANGES. Grantee will provide immediate written notice to Tribe if significant changes or events occur during the Execution Period which could potentially impact the progress or outcome of the Grant Project, including, without limitation, changes in Grantee’s management personnel or losses of funding from any other sources.
XI. GRANT PROJECT BUDGET CHANGES. Grantee must report to Tribe any change, including but not limited to, changes in expenses, funding, personnel, materials, service area or population, or timelines, which impact at least 10% of the reported budget and use of funds for the Grant Project detailed in Attachment B.
XII. TRIBE LETTERHEAD AND LOGO.
1. If Tribe consents in writing to Grantee's use of Tribe's name or logo (collectively, its "Marks"), Grantee acknowledges and agrees that Tribe is the owner of all right, title and interest in and to Tribe's Marks and that Grantee's use of the Marks pursuant to this letter inures to the benefit of Tribe. Such written consent by Tribe, if actually given, would constitute a non-exclusive and non-transferable license, without the right to sublicense, to use the Marks solely in connection with providing recognition of the Grant pursuant to this letter. Grantee will have no rights in or to the Marks, except as expressly granted herein. Tribe expressly reserves to itself all rights in and to the Marks not expressly granted to Grantee pursuant to this letter. The manner and use of the Marks will comply with all federal and state laws pertaining to trade names, trademarks and service marks in force at any time and will clearly indicate Tribe’s ownership of the Marks as requested and approved by Tribe.
2. All uses of the Marks by Grantee are subject to the prior written approval of Tribe through its Executive Director of the Office of Public Affairs. Grantee will submit to Tribe for approval, at least ten (10) business days prior to its intended first use, all materials which contain the Marks (whether in print media, direct mail, television, radio, internet, email, billboard or in any other form, media or channel). Tribe will have the right to review and approve any copy containing reference to Tribe or including the Marks prior to its use by Grantee. Tribe will use its reasonable efforts to promptly review materials sent by Grantee for approval and will not unreasonably withhold or delay its approval. In no event will Grantee make any unapproved changes to the Marks.
XIII. TRIBE’S PUBLICITY OF GRANT PROJECT. Grantee hereby grants to Tribe an irrevocable, non-exclusive license to use Grantee’s name and marks in publicity materials in all forms of media pertaining to Grantee’s organization, the Grant Project, and any results or outcomes of the Grant, for internal presentations and external dissemination to the public.
XIIV. CONFIDENTIALITY. The terms of the Grant are confidential. Grantee must seek Tribe’s prior written approval before sharing any terms of the Grant with third parties who do not have a need to know in order to further the purpose of the Grant Project.
XV. SELECTION OF SUBGRANTEES. With regard to the selection of any subgrantees to carry out the purposes of this Grant, Grantee retains full discretion and control over the selection process, acting completely independently of Tribe. There is no agreement, written or oral, by which Tribe may cause Grantee to choose any particular subgrantee.
XVI. NO AGENCY. Grantee is solely responsible for all activities supported by the Grant, the content of any product created with the Grant, and the manner in which any such product may be disseminated. This letter will not create any agency relationship, partnership, or joint venture between the parties, and Grantee will make no such representation to anyone.
XVII. NO WAIVERS. The failure of Tribe to exercise any of its rights hereunder will not be deemed to be a waiver of such rights.
XVIII. NO FURTHER OBLIGATIONS BY TRIBE. The Grant is made with the understanding that Tribe has no obligation to provide other or additional support or grants to Grantee.
XIX. REMEDIES. If Tribe determines, in its reasonable discretion, that Grantee has substantially violated or failed to carry out any provision hereof , including but not limited to failure to submit reports when due, Tribe may, in addition to any other legal remedies it may have, refuse to make any further grant payments to Grantee hereunder or any other grant agreement, and Tribe may demand the return of all or part of the Grant funds not properly spent or committed to third parties, which Grantee will immediately repay to Tribe. Tribe may also avail itself of any other remedies available at law.
XX. WAIVER OF CLAIMS AND INDEMNIFICATION. Grantee waives any and all claims and recourse against Tribe, including the right of contribution for loss or damages to persons or property arising from, growing out of, or in any way connected with or incidental to fulfillment of the terms and conditions specified herein. Additionally, Grantee will indemnify, defend, protect and hold Tribe and its officers, managers, members, employees, agents and representatives, harmless from any cost, expense, claim, demand, liability and/or damage, including reasonable attorney's fees and costs, by any third party arising out of or in connection with, in whole or in part, performance of Tribe's obligations pursuant to this letter.
XXI. GOVERNING LAW/ JURISDICTION. This Agreement shall be governed by applicable tribal, federal, and State of California law, in that order, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. Nothing in this Agreement shall be construed as a waiver of Tribe’s immunity to unconsented suit.
XXII. KNOWING ASSUMPTION OF OBLIGATIONS. Grantee acknowledges that it understands its obligations imposed by this Agreement.
XXIII. TERRORIST ACTIVITY. Grantee represents and warrants that it does not support or conduct, directly or indirectly, violence or terrorist activity of any kind.
XIV. ENTIRE AGREEMENT. This letter is the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous oral, written and other agreements between the parties. Nothing contained herein will be construed as a waiver of Tribe’s immunity from unconsented suit.
As noted, our charitable giving guidelines require that we receive a final report from your organization. At the end of the Execution Period, you will receive notification detailing the instructions for submitting your report. If you have any questions regarding the Grant, or do not receive this notification, please contact your assigned Program Officer, Shawnna Nason, at (909) 864-8933.
Tribe is pleased to have the opportunity to support your valuable work. Your check will be mailed to you by our Accounting Department, please allow 2 – 4 weeks for processing. We extend our best wishes to you for continued success and look forward to hearing about your accomplishments in the coming year.
Sincerely,
Patrick Dupont
Vice President of Finance and Accounting
Item: 5.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Thomas Cody, HR & Risk Management Director Item Name: MOU - CPMA - Approve and Adopt the Memoranda of Understanding and Resolution with the City of Colton and the Colton Police Management Association (CPMA), Resolution No. R-87-25.
Recommended Action:
Adopt Resolution R-87-25:
1. Approving implementation of the Memoranda of Understanding between the City of Colton and the Colton Police Management Association (CPMA); and
2. Amending the FY2025-26 budget to appropriate a total of $48,604 from the General Fund reserves; and
3. Authorize the City Manager to execute the agreements.
Background:
Representatives of the City of Colton have held multiple meetings with representatives of the Colton Police Management Association (CPMA) to discuss wages and employment benefits. The outcomes of these negotiations are summarized below and included in the attached Memoranda of Understanding (MOU), which will be submitted to the City Council for approval and the adoption of the attached Resolution.
The Memoranda of Understanding for the Colton Police Management Association include the following summary:
• Term: July 1, 2025 – June 30, 2027.
• Effective first pay period after Council adoption of successor MOU: 3% across-the-board salary increase in base rate.
• July 1, 2026: 4% salary increase in base rate.
• Cafeteria allowance increase:
o $50.00 per month (to $1,675.00/month) after ratification December 1, 2025, o $75.00 per month (to $1,750.00/month) after January 1, 2026, • Effective the month following the Contract approval, employees hitting milestone years of completion of service shall receive the following Longevity Pay: 10-year completion at $100/month, 15-year completion at $200/month, 20-year completion at $300/month, 25-year completion at $400/month.
• The City will offer each representative a fully paid term life insurance policy worth $100,000.
• Post Certificate Pay: Increase Advance Certificate to 10%, Supervisory Certificate to 12%, Management Certificate to 14%.
• Uniform Allowance: Increase to $115 per month.
• Tuition Reimbursement: $2,500 per year to an accredited institution of higher education, with the intention of pursuing a higher degree.
• Employees are eligible to cash out 80 hours of administrative leave. • No employee in this bargaining unit will receive any separate retroactive payment related to salary and/or incentive pay increases outlined in this MOU, to be effective July 1, 2025. This includes, but is not limited to, retroactive payments for any salary increase, incentive increase, and the implementation date of this MOU (the first full pay period after City Council approval on November 18, 2025). The following one-time bonus amounts were agreed to:
1. Each employee in the rank of Police Lieutenant shall receive a one-time signing bonus of seven thousand dollars ($7,000.00).
2. Each employee in the rank of Police Captain shall receive a one-time signing bonus of seven thousand five hundred dollars ($7,500.00).
Issues/Analysis:
The City of Colton has made notable progress over the past five years by offering competitive pay to the Colton Police Management Association in the local labor market. The contract continues this approach, providing increased economic benefits to Colton Police management members. These negotiation results reflect the guidance provided to staff throughout the process.
Fiscal Impacts:
The total two-year cost of the contract is $136,927, all of which is attributed to the General Fund.
Resolution R-87-25 appropriates the additional FY 2025-26 contract cost of $48,604 from reserve balance. The anticipated impact thereafter is $88,323 annually.
Alternatives:
1. Provide an alternative direction to the staff.
Attachments:
1. RESOLUTION NO. R-87-25 11-18-25
2. CPMA MOU 7.1.25 - 6.30.27 TC
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RESOLUTION NO. R-87-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
ADOPTING CHANGES TO THE TERMS AND CONDITIONS OF
EMPLOYMENT OF EMPLOYEES IN THE EMPLOYEE’S BARGAINING
UNIT REPRESENTED BY THE COLTON POLICE MANAGEMENT
ASSOCIATION
WHEREAS, the City of Colton (“City”) has met and conferred in good faith and fully communicated and exchanged information concerning working conditions, wages, and benefits with the Colton Police Management Association (CPMA); and WHEREAS, the appointed representatives of the parties agreed on some issues as stated in the attached staff report and MOUs, and recommend that the city and the bargaining unit implement this agreement; and
WHEREAS, the City Council approves the Memorandum of Understanding for the contract period of the Colton Police Management Association - July 1, 2025, through June 30, 2027; and
WHEREAS, the City Council authorizes the budget appropriation of $48,604 from the General fund reserves to the appropriate line items of the current 2025 – 2026 City of Colton fiscal year budget to cover these costs; and
WHEREAS, the City Manager is authorized to execute the implementation of these MOUs on the city’s behalf and to revise the City’s Master Salary Table to reflect these changes the City Council has authorized; and
WHEREAS, this resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded; and
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby resolve as follows:
SECTION 1: Adopt changes to the terms and conditions of employment for the Colton Police Management Association (CPMA).
SECTION 2: Adoption of Resolution R-87-25 will amend the FY2025-26 budget to appropriate $48,604 from the General Fund reserve balance to account for contract-related adjustments as detailed below:
▪ Increase appropriations by $48,604 in General Fund Police Operations Salaries - Miscellaneous Account Number 100-6070-6701-1010-0000-000 The FY2026-27 Budget will include the projected ongoing impact of approximately $136,927 annually. While sufficient reserve balance is available to support the appropriation, this action will require a reassessment of reserve levels and funding priorities during the mid-year budget review.
PASSED, APPROVED, AND ADOPTED this 18th day of November 2025:
City of Colton
FRANK J. NAVARRO, Mayor
ATTEST:
Issac Suchil, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF COLTON
AND
THE COLTON POLICE MANAGEMENT ASSOCIATION
TERM
July 1, 2025 — June 30, 2027
Table of Contents
ARTICLE I EMPLOYER-EMPLOYEE RELATIONS ................................ 3 Section 1: Recognition .................................................................................... 3 Section 2: Term of Agreement ....................................................................... 3 Section 3: Grievance Procedure .................................................................... 3 Section 4: Conduct of Association Business ................................................. 9 ARTICLE II COMPENSATION ................................................................... 10 Section 1: Salary ........................................................................................... 10 Section 2: FLSA Exempt Employees .......................................................... 10 Section 3: POST Certificates ....................................................................... 11 Section 4: Education Incentive (College Degree) ....................................... 11 Section 5: Standby ......................................................................................... 11 Section 6: Social Security ............................................................................. 11 Section 7: Medicare ....................................................................................... 11 Section 8: Bilingual Pay ................................................................................ 11 ARTICLE III FRINGE BENEFITS .............................................................. 12 Section 1: Retirement.................................................................................... 12 Section 2: Health Insurance ......................................................................... 13 Section 3: Retirees’ Health Insurance ......................................................... 14 Section 4: Life Insurance .............................................................................. 14 Section 5: Uniforms ....................................................................................... 14 Section 6: Tuition Reimbursement .............................................................. 15 ARTICLE IV LEAVES ................................................................................... 15 Section 1. Vacation........................................................................................ 15 Section 2: Holidays ........................................................................................ 16 Section 3: Sick Leave .................................................................................... 17 Section 4: Bereavement Leave ..................................................................... 19 Section 5: Administrative Leave .................................................................. 20 ARTICLE V GENERAL PROVISIONS ....................................................... 20 Section 1: Work Schedule ............................................................................ 20 Section 2: Personal Use of Assigned Vehicle .............................................. 20 Section 3: Nepotism ....................................................................................... 20 Section 4: Maintenance of Benefits ............................................................. 20 Section 5: Savings Clause ............................................................................. 20 Section 6: Reopener ...................................................................................... 20 Section 7: Council Action ............................................................................. 21
ARTICLE I EMPLOYER-EMPLOYEE RELATIONS
Section 1: Recognition
The City hereby recognizes the Colton Police Management Association as the representative of employees in the classifications of Police Captain and Police Lieutenant.
Section 2: Term of Agreement
The term of this agreement begins July 1, 2025 and ending at midnight on June 30, 2027.
Section 3: Grievance Procedure
A. Statement of Purpose:
The purpose and objectives of the grievance procedure are to:
1. Assure fair and equitable treatment of all employees and to promote harmonious relations among employees and their supervisors.
2. Afford employees a simple means of obtaining consideration of their grievance by informal means at the supervisory level and review of the supervisor's decisions.
3. Resolve grievances as quickly as possible and to correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints.
It is the spirit and intent of this procedure that all grievances be settled quietly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort shall be made to find an acceptable solution at the lowest level of supervision.
B. Definitions:
For purposes of this procedure, the following definitions shall apply:
1. Day – A workday, except where otherwise stated. A workday is a day on which City Hall is open for business for its full normal working hours.
2. Grievant – A current or former member of the bargaining unit employed ful l time by the City, except those persons elected by popular vote. An Association may file a grievance on behalf of itself or its members.
3. Grievance – An alleged violation or non-compliance with the provisions of this MOU, any supplemental MOU, the City of Colton's personnel rules and regulations, departmental rules and regulations, and other policies and practices.
Except as provided for in Section J, only the following major disciplinary actions taken against permanent employees are appealable under this grievance procedure:
a. Suspensions in excess of 3 days;
b. Disciplinary salary reductions;
c. Demotions; and,
d. Discharges.
Any appeal of the above disciplinary actions shall be initiated Grievance Step Five.
4. Representative – A person who, at the request of the employee or supervisor, is invited to participate in the grievance or conferences.
5. Immediate Supervisor – The person having evaluation responsibility for the grievant.
6. Association – The legal entity elected to be the exclusive representative of the employee group.
7. Class Grievance – A grievance involving more than one employee.
a. Each employee must submit their grievance in writing. Individual grievances may be treated as a single grievance or as a class at the discretion of the City. b. Resolution of a class grievance may not be consistent among all grievant’s' in the class grievance due to differences in circumstances or occurrences, which brought about the grievance.
c. Any grievant not satisfied with the decision at any procedural step shall retain their individual right to appeal to the next step in the grievance procedure.
8. Answer – The response to the grievance at Steps One, Two, and/or Three as outlined in this procedure. All answers shall be written. If an answer does not resolve the grievance to the grievant's satisfaction, the answer will inform the grievant of the next step in the grievance procedure, and the deadline by which the grievant must request the next Step.
C. Informal Resolution Steps:
1. STEP ONE: Immediate Supervisor
Within ten (10) business days after a grievant knew, or by reasonable diligence should have known, of the act or omission upon which a grievance may be based, the grievant shall request an informal resolution meeting with their immediate supervisor. Every effort shall be made to resolve a grievance through discussion between the grievant and the grievant's immediate supervisor.
This step will be deemed waived if the immediate supervisor, or the immediate supervisor's action, is the subject of the grievance.
The supervisor shall prepare a written answer to the grievance within ten (10) business days after the informal resolution meeting.
D. Formal Resolution Steps:
1. STEP TWO: Appeal to Division Head or Designee
If the grievance is not resolved at Step One, the employee may request a meeting to discuss the grievance with the division head, if one exists, or designee. The meeting must be requested in writing within ten (10) business days after the Step One decision has been rendered.
The meeting will be scheduled within ten (10) business days of receipt of the grievant's written request for the meeting. The division head or designee shall prepare a written answer within ten ( 10) business days after meeting with the grievant. If no division head exists, the grievant may proceed directly to Step Three.
2. STEP THREE: Appeal to the Police Chief
If the grievance is not resolved at Step Two, the employee may request a meeting to discuss the grievance with the Police Chief, or designee. The meeting must be requested in writing within ten (10) business days after the Step Two decision has been rendered.
In situations where a department has no division head to whom an appeal may be addressed at Step Two, the employee may request the Step Three meeting within ten (10) business days of receiving the written answer from their immediate supervisor.
The meeting will be scheduled within ten ( 10) business days of the employee submitting the request for the meeting. The Police Chief or designee shall render an answer within ten (10) business days of meeting with the grievant.
3. STEP FOUR: Appeal to the City Manager
If the grievant is not satisfied at Step Three, the employee may request an appeal meeting to discuss the grievance with the City Manager. The meeting must be requested in writing within ten (10) business days after the Step Three decision has been rendered.
The City Manager shall schedule a meeting with the grievant within ten (10) business days of receiving the appeal. The City Manager shall meet with the grievant and review the grievance and shall answer within ten (10) business days of discussing the grievance.
4. STEP FIVE: Appeal to Arbitrator
If the grievance is not resolved at Step Four, the grievant may submit a written request to the City Manager for the grievance to be heard by an arbitrator, as outlined in more detail in section E of this procedure. This written request must be submitted within ten (10) business days after the Step Four decision has been rendered.
In the case where a grievance is an appeal of major disciplinary action, the written request must be submitted within ten ( 10) business days after the employee has been notified of the final decision to impose disciplinary action.
E. Arbitration:
1. Written Request for Arbitration
To request a Step Five appeal to an arbitrator, a grievant must timely submit a written request to the City Manager. The request shall be considered timely only if the City Manager receives it no later than ten ( 10) business days after the Step Four decision has been rendered. Such request may take the form of a memorandum or letter to the City Manager from the employee or an authorized union representative, and must clearly state the provisions of the MOU and/or rules, regulations, past practices or procedures, which have allegedly been violated.
2. Private Hearing
Grievance arbitration hearings shall be private.
3. Selection of Arbitrator
Unless the parties agree to another method of selecting an arbitrator, following method shall apply:
The State Mediation and Conciliation Service shall be asked to submit a list of seven persons qualified to act as arbitrators. Within five (5) business days following receipt of the list of arbitrators, the parties shall select an arbitrator. The parties shall alternately strike one name from the list until no name remains. The right to strike the first name is determined by coin toss.
4. Costs of Arbitration
To the extent permitted by applicable law, each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.
5. Demand for Exchange of Evidence
Upon written request by either of the opposing parties in a pending hearing given at least twenty (20) calendar days prior to the scheduled hearing date, each party shall supply to the other party copies of all documentary evidence to be used by that party at the hearing. Such evidence shall be provided no later than five (5) calendar days prior to the scheduled hearing date. Any evidence not so provided may not be admitted or offered as evidence at the subsequent hearing except that any such documentary evidence discovered by a party after such a request for copies but not soon enough to comply with the above time limits may be admitted providing it could not have been discovered sooner by reasonable means and provided furt her that a copy or copies of such evidence be afforded the requesting party as soon as practicable after such discovery. Nothing contained herein shall operate to prevent either party from presenting additional documents by way of rebuttal.
6. Presentation of Evidence
At the arbitration hearing, both the grievant and the City shall have the right to be heard and to present evidence. The following rules shall apply:
a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify, and to rebut the evidence against the witness. If the employee does not testify on their own behalf, the employee may be called and examined as if under cross-examination. c. The arbitration hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to relying in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to suppo rt a finding, unless the arbitrator finds that it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they now or hereafter may be recognized in civil actions, and irrelevant and unduly repe titious evidence shall be excluded.
7. Time for Arbitrator to Render Decision
The arbitrator shall render a decision, in writing, within thirty (30) calendar days of the close of the hearing or of the arbitrator's receipt of closing briefs, whichever is later.
8. Findings of Fact and Remedies for Disciplinary Appeals An arbitrator may sustain, modify, or rescind an appealed disciplinary action as follows and subject to the following restrictions:
a. For any type of disciplinary arbitration: If the arbitrator finds that a disciplinary action was taken for reasonable cause, the arbitrator shall sustain the action. b. For appeals of suspensions and reductions in class or salary: If the disciplinary action is modified or rescinded by the arbitrator, the grievant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the arbitrator's decision.
c. For discharges:
i. If the arbitrator finds that the order of discharge should be modified to another form of discipline, the grievant shall be restored to a position in their former class subject to forfeiture of pay and fringe benefits for all or a portion of the period of time the grievant was removed from duty, as determined by the arbitrator.
ii. If the arbitrator finds that the order of discharge should be rescinded and no discipline imposed, the grievant shall be reinstated in a position in their
former class and shall receive pay and fringe benefits for of the period of time employee was removed from duty.
d. Restrictions on remedies:
i. The City shall not be liable for restoring pay and fringe benefits for any period(s) of time the grievant was reduced or removed from duty which results from the appealing pa rty's request for written briefs and/or a transcript of the arbitration proceedings or from any unreasonable delay i n the issuance of the arbitrator's award.
ii. Restoration of pay and benefits shall be subject to deduction of all unemployment insurance payments received. Outside earnings received since the date of discharge which grievant would not likely have earned but for the discharge shall also be deducted.
9. Arbitration Final and Binding
The decision by the arbitrator shall be final and binding and not subject to any administrative or judicial appeal or review of any kind except pursuant to California Code of Civil Procedure Section 1286.2.
F. Representation:
1. An employee may request representation of their choice and at their expense at any stage of the grievance procedure.
2. The grievant and designated representative, if any, shall receive release time for the purpose of representing the grievant at any step. For purposes of this section, representation includes reasonable preparation and consultation.
3. Only the grievant and one other person from the bargaining unit may be on paid status while engaging in tasks related to the representation. Representation shall not unduly interfere with the normal course of City business.
G. Time Limits:
1. Failure by a grievant to meet any deadline set in this procedure shall terminate the grievance. The grievant shall not have a right to refile on the same set of facts, unless good cause is shown for the delay or the City notifies the grievant in writing that it will waive the deadline.
2. Failure by the City to meet a deadline set forth in this procedure shall give the grievant the right to proceed to the next Step.
3. Time limits in this procedure may be extended by mutual written agreement between the parties.
4. The grievant and representative, if any, will be given at least ten ( 10) business days written notice of any meeting scheduled pursuant to any Formal Resolution Step. This provision may be waived by mutual written agreement between the parties.
H. Withdrawal:
Any grievance may be withdrawn by the grievant at any time. Withdrawal of a grievance will be with prejudice and shall remove the right of the grievant to refile on the same set of facts.
I. Freedom from Reprisal:
No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or grievance with their immediate supervisor, or for the good faith filing of a grievance.
J. Minor Disciplinary Action Appeal Process:
1. For purposes of this procedure, a "minor disciplinary action" means a suspension of 3 days or less, a written warning or written reprimand, or any other minor "punitive action" subject to administrative appeal within the meaning of the Public Safety Officers Procedural Bill of Rights Act. Only employees covered by the Act may initiate an appeal of minor disciplinary action.
2. Any permanent, full -time employee who is subjected to a minor disciplinary action may appeal such action to the Police Chief or designee within ten ( 10) business days of the date written notification of the action was rendered. Such appeal shall be submitted in writing, stating the reason(s) that the employee believes the disciplinary action should be modified or rescinded.
3. Within fifteen ( 15) business days of receiving such an appeal, the Police Chief or designee shall schedule a meeting with the employee and the employee's representative, if any.
4. Within fifteen (15) business days after the meeting, the Police Chief or designee shall issue a written determination. Such determination shall be final and binding, and shall not be subject to further appeal or grievance procedure of any kind whatsoever.
Section 4: Conduct of Association Business
Designated officers of the Association shall be provided reasonable time while on duty, to conduct business related to the affairs of the Association. Recognizing the difficulty of defining what constitutes 'a reasonable' time, the parties agree that the definition of reasonable shall be provided on a case-by-case basis with the understanding by all parties that the needs and objectives of the organization are of prime importance.
ARTICLE II COMPENSATION
Section 1: Salary
All employees in the above -represented classifications shall receive a base salary as set forth in the Pay and Classification Plan for the City of Colton. Employees represented by the Association shall receive the following base salary increases.
Due to benchmarking language tied to CPOA MOU, employees will receive the following increases:
• Effective July 1, 2025, shall receive a 3% salary increase. • Effective July 1, 2026, shall receive a 4% salary increase.
Benchmark of Police Lieutenant Compensation:
Effective July 1, 2023, the City benchmark the high step (Step E) of Police Lieutenant 22% above the high step (Step E) of Police Sergeant.
Benchmark of Police Captain Compensation:
Effective March 1, 2021, the City benchmark the high step (Step E) of the Police Captain position 10% above the high step (Step E) Police Lieutenant.
Section 1A: Retroactive Pay Calculations
The City and Association have agreed to a one-time bonus payment in lieu of retroactive payments for all Association members. It is agreed and understood that the one-time bonus payment shall be taxed but shall not be reported to CalPERS for retirement calculations or any other purposes. It is also agreed and understood that the one-time bonus payment is intended to avoid the tedious task of calculating each individual member’s retroactive pay effective July 1, 2025. It is further agreed and understood that no employee in this bargaining unit will receive a separate retroactive payment concerning any of the salary and/or incentive pay increases in this MOU effective July 1, 2025, including but not limited to, implementation date of this MOU (first full pay p eriod after City Council approval on November 18, 2025). The following one -time bonus amounts were agreed to with the understanding that this MOU will be reviewed and approved by City Council on November 18, 2025 and the MOU terms will be implemented the first full pay period after City Council approval:
• Each employee in the ranks of Police Lieutenant shall receive a one -time bonus of seven thousand dollars ($7,000.00).
• Each employee in the rank of Police Captain shall receive a one -time bonus of seven thousand five hundred dollars ($7,500.00).
Section 2: FLSA Exempt Employees
All classifications represented by the Association are exempt from the Fair Labor Standards Act.
Section 3: POST Certificates
Effective July 1, 2025, each employee shall receive the following monthly amounts if the employee possesses the requisite POST Certificate. Certificate pay shall be non-cumulative.
• Advanced: 10%
• Supervisory: 12%
• Management 14%
Section 4: Education Incentive (College Degree)
The City offers the following educational incentive pay:
• BA Degree: 5.5%
• MA/JD Degree: 7.5%
JD (Juris Doctor) must be from an institution registered with the California State Bar or accredited by the American Bar Association. Employees shall receive the highest pay for which they are eligible, education pay is non-cumulative.
Section 5: Standby
Each represented employee will be required to work scheduled standby and call -out time as assigned by the Police Chief. The parties recognize that during contract negotiations in 1992, the PMA and City agreed to remove the separate 8 hours at time -and-one-half per month standby allowance from the MOU in exchange for including that compensation in the employees’ monthly base salary. Therefore, the PMA does not currently receive separate compensation for standby pay.
Section 6: Social Security
The City no longer participates in the Social Security Administration as of December 31, 1979.
However, in the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or "pick up" any portion thereof.
Section 7: Medicare
Employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or "pick-up" any such contributions.
Section 8: Bilingual Pay
Effective March 1, 2021, employees will receive bilingual pay in the amount of $200 per month, $100 to be paid on the first two pay periods of the month, to employees who successfully complete a bilingual examination and who have been recommended by the Police Chief and approved by the City Manager.
When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the Police Chief shall terminate the bilingual compensation by written notice to the Human Resources Department. The bilingual pay is tied to the classification rather than the individual employee and will terminate if the employee moves to a new classification.
For additional requirements see City Administrative Policy 4.05.440.
Section 9: Longevity
Effective July 1, 2025, eligible employees shal l receive a longevity stipend . Payment of the longevity stipend shall be issued on a biweekly schedule (26 payments per year) in the following amounts:
1. Upon completion of 10
th year of service = $100 per month (annual $1,200)
2. Upon completion of 15th year of service = $200 per month (annual $2,400)
3. Upon completion of 20th year of service = $300 per month (annual $3,600)
4. Upon completion of 25th year of service = $400 per month (annual $4,800)
Eligible employees shall only receive one longevity stipend. Longevity stipends shall not be cumulative.
For purposes of determining eligibility for the longevity stipend, the following shall qualify as “years of service:”
1. Total years of service with the City of Colton.
2. Total years of employment with another public agency while working in a similar full-time public safety job classification.
ARTICLE III FRINGE BENEFITS
Section 1: Retirement
The City contracts with the California Public Employees' Retirement System (CalPERS) for administration of the retirement program. Coverage for regular full -time sworn employees are as follows:
1. Police safety unit members who are “Classic” hired on or before October 15, 2011 are covered by the 3% @ 50 formula.
2. Police safety unit members who are “Classic” hi red on or after October 16, 2011, are covered by the 3% @ 55 formula.
3. Police safety unit memb ers hired on or after January 1, 2013, who are defined as "new members" under the PEPRA, are covered by the 2.7% @ 57 formula. Safety employees subject to the 2.7% at 57 formula shall pay the statutorily mandated employee contribution rate of one half the total normal cost.
All employee contributions shall be deposited in the members' retirement account. Other benefits provided include:
1. One year final compensation for Classic Members
2. Military buyback
3. Post-Retirement Survivor Allowance
4. 1959 4th Level Survivor Benefits for all Unit employees
Employee Contributions to the Retirement System:
1. Safety employees subject to the 2.7% @ 57 formula shall pay the statutorily mandated employee contribution rate of one-half the total normal cost.
2. Effective March 1, 2018 employees shall pay twelve percent (12% ) for classic members and three percent (3%) for PEPRA members of compensation earnable of the required employer contribution as cost sharing in accordance with Government Code section 2051 6(f).
Section 2: Health Insurance
The City participates in a Section 125 Cafeteria Plan. Under the cafeteria plan, all participating bargaining unit employees will re ceive a monthly allowance from which employees can chose medical, dental and/or vision insurance as follows:
• First full month following ratification and approval of this MOU: $1,675 per month. • January 1, 2026: $1,750 per month
In addition, supplemental insurance opportunities will be provided, in order for employees to purchase supplemental medical insurance and child care coverage.
Employees who provide the City with satisfactory proof of alternate group health coverage comparable to the City's offered health insurance plans can decline in writing coverage on the City's medical insurance plans. The alternative health coverage must meet all requirements of the Affordable Care Act (ACA) and related regulations for an eligible Opt-Out Arrangement. In those instances where the employee's medical insurance premium is less than the City's monthly contribution, the difference between said cafeteria dollar amounts shall be provided in the form of bi-monthly cash disbursements (payable 24 times per year) , subject to the limitations set forth below. Cash disbursements to the employee are subject to being taxed, pursuant to the appropriate tax codes.
EMPLOYEES HIRED BEFORE MAY 1, 2017
Employees hired before May 1, 2017, shall have a maximum cap of $1,225 per month for cash- in-lieu or for the difference between the medical insurance premium and the cafeteria dollar amount.
EMPLOYEES HIRED ON OR AFTER MAY 1, 2017
Employees hired on or after May 1, 2017, shall have a maximum cap of $500 for cash in- lieu or for the difference between the medical insurance premium and the cafeteria dollar amount.
Section 3: Retirees’ Health Insurance
Employees who retire from the City and CalPERS, after having served a minimum of 20 years with the City shall have their and their spouse's (2-Party rate) HMO premiums paid for by the City up to Medicare age. After the retiree reaches Medicare age, they can maintain health insurance with the City, but the retiree must pay the premiums. If the retiree is ineligible for Medicare benefits, the City will continue to pay the premiums, as long as the employee remains insurable.
For all other employees, all premiums required by their participation in such health insurance plan shall be paid by them. Participation in any health insurance plan is contingent upon the health insurance carrier approving the enrollment of a retired employee or spouse.
The City will provide the retiree’s health insurance benefit through Cit y provided medical insurance, as described above, retirees who move out side of California and enroll in a City provided health insurance plan. The city will reimburse the retiree monthly up to their previous HMO premium rate.
EMPLOYEES HIRED BEFORE MAY 1, 2017
Effective June 30, 2024, employee’s who serve a minimum of 20 years with the City, shall receive the City’s contribution to retiree medical benefits will be capped at $2,000 per month. The retiree will be responsible for payment of any premium payments that exceed $2 ,000 per month. Any current retirees and employees who retire before June 30, 2024 shall not be impacted by the establishment of the cap in this provision.
ALL EMPLOYEES HIRED ON OR AFTER MAY 1 2017:
Employees hired on or after May 1, 2017, City's contribution for Retiree Health Insurance Benefit will be capped at $500 per month.
Section 4: Life Insurance
Effective July 1, 2025, the City will provide each unit member with a fully paid term life insurance policy in the amount of $100,000.
Section 5: Uniforms
Effective July 1, 2025, the City agrees to pay the uniform maintenance allowance at $ 115.00 per month. Such allowance shall be paid on the last pay period in June. Such payment shall be for the prior year and shall be prorated for employees not working the full year.
Safety employees who are considered “Classic” Members , the City shall report to CalPERS the monetary value of uniforms for those employees required to wear uniforms in the amount of $19.23 per pay period. The parties agree the reported value of uniforms is intended to reflect clothing such as pants, shirts, jackets, and related attire which represents the monetary value of uniforms purchased, rented, and/or maintained by the City on behalf of the employee.
Section 6: Tuition Reimbursement
Effective July 1, 2025 for permanent employees (new hire probationary employees ineligible), the City agrees to reimburse employees up to $2,500 per employee, per fiscal year, so long as funds are available, for 100% of costs for tuition and books incurred for job- related education. Such expenditure must enhance the furtherance of City or continuing educational goals. Requests for such reimbursement must be submitted after successful completion of the course(s) and must be approved first by the Police Chief , then by Human Resources Director, and City Manager .
Employee initiated educational or area development shall not be considered as time actually worked for purposes of computing overtime and normally shall not occur during regular work hours.
For additional requirements see City Administrative Policy 4.05.310.
ARTICLE IV LEAVES
Section 1. Vacation
Accrual:
All employees shall accrue vacation time in accordance with the following:
During Years of
Continuous
Service
Hours of Accrual
Per Month of
Service
Annual
Accrual
Maximum
Accrual
Accumulation
0 months-5 6-2/3 80 160
6-10 10 120 240
11 10-2/3 128 256
12 11-1/3 136 272
13 12 144 288
14 12-2/3 152 304
15+ 13-1/3 160 320
Accruals shall be on a monthly basis in accordance with the above chart. Vacation accrual may be accumulated to not more than the appropriate maximum accumulation except upon the written request of the affected employee and approval of the City Manager. In this event, an employee may be permitted to exceed the maximum accumulation by an amount not in excess of their accrual for a four-month period.
Previous sworn law enforcement experience during which vacation was accrued, may be considered as continuous service for the purpose of computing vacation rate upon the written request of the Police Chief and approval of the City Manager.
Use:
It is the intent that vacation time be used in time increments sufficiently long to permit the employee an adequate period of rest. The use of vacation time in less than weekly increments is to be discouraged. In no event may vacation be taken in increment s of less than one hour nor for a period exceeding the number of accrued whole days, except upon the recommendation of the Police Chief. The City Manager may authorize an eligible employee to incur a negative vacation balance of up to 40 hours. Vacation shall not be taken during the first six months of service.
Vacations shall be taken at times determined by the Police Chief with due regard for the wishes of the employee and for the needs of the service. In the event one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave. No person shall be permitted to work for compensation for the City during vacation except with prior approval of the City Manager.
Vacation Buy Back:
Each employee shall be allowed to buy back up to 40 hours of vacation one time each fiscal year provided a minimum of 100 hours is retained after cash out. Employees may elect to have buy back issued by separate check.
Accumulated Hours at Termination of Employment:
Employees will be cashed out all available, and unused vacation leave they have in their banks at the time of termination.
Section 2: Holidays
A. Each unit member shall receive the following 10 hour holidays banked:
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day (to be observed as the second Monday in November) Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
20 hours Floating Holiday
B. All members shall receive 140 hours of holiday credit at the beginning to each fiscal year on July 1. The holiday credit will be prorated, with one -month equal to 11.67 hours, for members hired after June 30th. Holiday credit is earned from the 1st if hired by the 15th, if hired from the 16th through the 31st holiday credit is earned the next month.
C. Holiday leave must be taken in the fiscal year earned and cannot be carried over. Holiday leave that is not taken as paid leave during the fiscal year will convert to cash paid at the employee's regular rate of pay. Holiday leave converted to cash under this provision shall be paid out in a separate check.
D. Holiday leave shall not be taken in increments of less than one hour.
E. The taking of holiday leave is subject to prior approval of the Police Chief.
F. In the event that an employee separates from service and has used/or been paid for holidays in excess of 11.67 earned hours per month, the employee shall reimburse the city for the overage.
Section 3: Sick Leave
Sick leave shall be used in cases of actual sickness or disability when the employee is unable to perform their normal work assignment or as otherwise allowed in this section.
Sick Leave Usage:
In order to receive compensation while absent from duty on sick leave, the employee must notify or cause to be notified, their immediate supervisor prior to the time set for the beginning of the employee's regular daily duties. Physician's certificate or w ork release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. In this situation, the City may ask for a physician’s certificate for sick leave absences of any duration.
Employees may use the ir accumulated sick leave for absence due to the following specified reasons:
• Illness or injury to the employee;
• A family member for preventive care or care of an existing health condition; • Exposure of the employee to a contagious disease.
• For specified purposes if they are a victim of domestic violence, sexual assault or stalking. • To maintain a full paycheck while the employee is receiving temporary total disability Workers’ Compensation benefits, after 4850 has been exhausted. • Other reasons as approved by the City Manager or designee.
Family members include the employee's parent (adoptive, biological, foster, stepparent, or legal guardian), child (adopted, biological, stepchild, legal ward, or child to whom employee stands in loco parentis), spouse, registered domestic partner, grandpar ent, grandchild, and sibling.
Preventive care would include but are not limited to annual physicals or flu shots.
When absent for more than three (3) consecutively scheduled workdays, the employee may file a physician's certificate or work release indicating the employee was unable to perform their duties during their absence. Failure to file the necessary documents w ithin two (2) days following the return to work will be cause for such absence to be charged as leave without pay. Physician's certificate or work release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. On a case -by-case basis, if an employee called out sick, and does not have enough accrual leave time in their sick leave bank, they will not be charged to any other accrual bank and be without pay. This does not apply to an employee on prote ctive leave (i.e. workers’ comp, FMLA/CFRA, etc.)
Accrual:
Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service. Unused sick leave shall be accumulated at the rate of 96 hours a year for full-time employees. There shall be no limit on the amount that can be accumulated.
Sick Leave Reports:
In order to receive compensation while absent on sick leave, the employee shall notify the immediate supervisor prior to or within four (4) hours after the time set for beginning daily duties.
When absence is for more than three (3) workdays, the employee shall file a physician's certificate or a personal affidavit with the Human Resources Director, stating the cause of the absence.
Family Attendance:
Employees shall have the option of using sick leave for attendance to family members, in an amount not to exceed the amount of six (6) months sick leave accrual, or the employee may elect to take leave without pay for attendance to family members. Family members are referred to above.
Rights of Victims of Domestic Violence:
Employees are eligible to take time off and use their accrued sick leave if they are a victim of domestic violence, sexual assault, stalking, a crime that caused physical injury or mental injury, or a crime involving threat of physical injury; or are someone whose immediate family member is deceased as a direct result of a crime; to obtain relief from a court, including obtaining a restraining order, to protect you and your children’s health, safety or welfare. In general, employees do not have to give empl oyer proof to use leave for these reasons. However, employees should tell the City before taking time off. In some instances, the City may request proof, and in those instances employees will not be disciplined if explaining the reason for your absence wit hin a reasonable time. Proof can be a police report, a court order, a document from a licensed medical professional, a victim advocate, a licensed health care provider, or counselor showing that you were undergoing treatment for domestic violence related t rauma, or a written statement signed by you, or an individual acting on your behalf, certifying that the absence is for an authorized purpose.
Employees are encouraged to speak with Human Resources staff if or when the need arises. HR Staff will provide discretion and confidentiality to employees that need help.
Accumulated Hours at Termination:
Except as otherwise herein stated, accumulated sick leave is lost when the employee is terminated for cause. In no event shall employees who have not worked for the City as regular employee for more than five (5) years are entitled to use sick leave to defer termination of their employment by the City nor shall they be compensated for sick leave upon such termination for any reason including but not limited to retirement. In the event such employee separates employment, or applies for and consents to such r etirement, then upon the retirement being accomplished, the employee shall be compensated for accumulated unused sick leave by payment in a lump sum.
That sum is determined as follows:
The number of hours of sick leave accrued, multiplied by gross hourly earnings (including certificate and education pay) at the time of termination, multiplied by a percentage as follows:
If employed more than five years, but less than ten: 10% If employed ten years, but less than fifteen: 25%
If employed fifteen years, but less than twenty: 50%
If employed twenty years or more: 75%
The cash value shall be computed at the employee's hourly rate in existence at the time the monies are disbursed.
Retiring employees are eligible to convert 100% of their accumulated unused sick leave to CalPERS service credit. Employees interested in electing this benefit shall submit a written request to Human Resources prior to the last date of employment. Eligibility for this benefit is determined by City’s CalPERS contract and applicable CalPERS rules and regulations.
Sick Leave Cash Out:
Each employee shall be allowed to cash out, by separate check, sick leave subject to the following requirements:
a. The employee shall be compensated at their current salary at the time of request (including certification and education pay); and
b. This item shall be considered on a fiscal year basis. c. Up to 240 hours of sick leave may be cashed out per fiscal year.
Section 4: Bereavement Leave
Up to 40 hours per occurrence , two occurrences each fiscal year, may be taken by full -time employees with pay as bereavement leave in the case of the death of the eligible employee's father, step father, father -in-law, mother, step mother, mother -in-law, brother, brother -in-law, sister , sister-in-law, wife, husband, domestic partner, child, step child, grandchild, grandparent or grandparent of spouse. These hours shall not be eligible to be carried forward beyond the fiscal year. The City reserves the right to require reasonable verification of the need for such leave.
Section 5: Administrative Leave
Each affected employee shall receive 100 hours of administrative leave per fiscal year. An employee may not carry over unused leave from year to year. However, effective July 1, 2025, employees may select to submit up to 80 hours per fiscal year for pay on unused Administrative Leave and may elect payment by separate check.
ARTICLE V GENERAL PROVISIONS
Section 1: Work Schedule
The Police Management Unit shall be placed on the 4/10 or 3/12 work schedule, whichever is appropriate, if the CPOA Unit is placed on an alternate work schedule. The parties shall meet to work out any necessary details.
Should the C ity opt to change the Monday through Thursday work schedule, both the City and CPMA shall meet and confer before implementation of any proposed change.
Section 2: Personal Use of Assigned Vehicle
Members of the CPMA are allowed 15,000 miles per fiscal year for personal use, which includes mileage to and from their residence to the Colton Police Department. Mileage for "call outs", on call assignment or official use (i.e. training courses ), will not be counted as part of the 15,000 fiscal year miles.
City vehicles are an extension of City buildings. There is no smoking allowed in City buildings, nor in City-owned vehicles. The employee is also required to wear a seat belt when driving and/or riding in City-owned vehicles.
Section 3: Nepotism
Refer to the City of Colton Personnel System Rules and Regulations Rule VIII, Section 8.
Section 4: Maintenance of Benefits
All benefits enjoyed by bargaining unit members on the effective date of this MOU shall remain in effect. If a court determines the City is required to change a benefit during the term of the MOU, the City shall meet and confer with the Association to discuss alternatives.
Section 5: Savings Clause
Should any provision of this MOU be held invalid by a court of competent jurisdiction, then the remaining provisions shall remain in full force and effect.
Section 6: Reopener
If qualified immunity is altered or eliminated, the City and the C PMA shall meet to discuss the impacts on CPMA employees, including a discussion about potentially purchasing insurance on behalf of the employee with respect to any available insurance. There shall be no obligation to provide additional benefits to CPMA members pursuant to this provision absent mutual agreement by the parties.
Section 7: Council Action
If this MOU is acceptable to the City Council, then the City Council shall adopt the MOU by appropriate action at the first scheduled meeting following the signing of this MOU.
FOR CITY OF COLTON: FOR COLTON POLICE MANAGEMENT
ASSOCIATION:
_________________________________ _________________________________ Frank J. Navarro, Mayor Greg Castillo, CPMA Representative
_________________________________ __________________________________ Dated Dated
Item: 6.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Thomas Cody, HR & Risk Management Director Item Name: MOU - CPOA - Approve and Adopt the Memoranda of Understanding (MOU) and Resolution with the City of Colton and the Colton Police Officers Association (CPOA), Resolution No. R-86-25.
Recommended Action:
Adopt Resolution R-86-25:
1. Approving implementation of the Memoranda of Understanding between the City of Colton and the Colton Police Officers Association (CPOA); and
2. Amending the FY2025-26 budget to appropriate a total of $505,851 from the General Fund reserves; and
3. Authorize the City Manager to execute the agreements.
Background:
Representatives of the City of Colton have held multiple meetings with representatives of the Colton Police Officers Association (CPOA) to discuss wages and employment benefits. The outcomes of these negotiations are summarized below and included in the attached Memoranda of Understanding (MOU), which will be submitted to the City Council for approval and the adoption of the attached Resolution.
The Memoranda of Understanding for the Colton Police Officers Association include the following summary:
• Term: July 1, 2025 – June 30, 2027.
• Effective first pay period after Council adoption of successor MOU: 3% across-the-board salary increase.
• July 1, 2026: 4% across-the-board salary increase.
• Cafeteria allowance increase:
o $50.00 per month (to $1,675.00/month) after ratification on December 1, 2025, o $75.00 per month (to $1,750.00/month) after January 1, 2026, • Effective the month following Contract approval, employees hitting milestone years of completion of service shall receive the following Longevity Pay: 10-year completion at $100/month, 15-year completion at $200/month, 20-year completion at $300/month, 25- year completion at $400/month.
• Post Certificate Pay: Increase Advance Certificate to 10%, Supervisory Certificate to 12%
• Detective Standby Language clarification: A Sergeant assigned as the Detective Sergeant on standby shall receive five (5) hours at time and one-half the regular rate of pay per seven-day cycle.
• Separate Detective from the Police Corporal job title. • Employees in the classifications of Officer, Corporal, and Sergeant assigned to the Detective Bureau shall receive 5% special assignment Pay. • The City will offer each representative a fully paid term life insurance policy with a $100,000 benefit.
• Uniform Allowance: Increase to $115 per month.
• Tuition Reimbursement: $2,500 per year to an accredited institution of higher education, with the intention of pursuing a higher degree.
• No employee in this bargaining unit will receive any separate retroactive payment for salary and/or incentive pay increases outlined in this MOU, effective July 1, 2025. This includes, but is not limited to, retroactive payments for any overtime worked between July 1, 2025, and the implementation date of this MOU (the first full pay period after City Council approval on November 18, 2025). The following one-time bonus amounts were agreed to:
1. Each employee in the rank of Police Officer Trainee shall receive a one-time signing bonus of three thousand dollars ($3,000.00).
2. Each employee in the rank of Police Officer shall receive a one-time signing bonus of four thousand two hundred twenty dollars ($4,200.00).
3. Each employee in the rank of Corporal shall receive a one-time signing bonus of five thousand five hundred dollars ($5,500.00).
4. Each employee in the rank of Police Sergeant shall receive a one-time signing bonus of five thousand six hundred seventy dollars ($6,500.00).
Issues/Analysis:
The City of Colton has made significant progress over the past five years by competitively paying Colton Police Officers in comparison to the local labor market. This effort has helped retain and attract staff, resulting in fewer vacancies and more successful recruitment. The contract continues this approach, offering increased economic benefits to Colton Police Officers.
These negotiation results reflect the guidance provided to staff during the negotiation process.
Fiscal Impacts:
The total 2-year cost of the contract is $1,424,109, all of which is attributed to the General Fund.
Resolution R-86-25 appropriates the additional FY2025-2026 contract costs from the General Fund reserve balance. The anticipated impact thereafter, including overtime, is approximately $918,258 annually.
Alternatives:
1. Provide an alternative direction to the staff.
Attachments:
1. RESOLUTION NO. R-86-25 11-18-25 final
2. CPOA MOU 7.1.25-6.30.27 TC
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RESOLUTION NO. R-86-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
ADOPTING CHANGES TO THE TERMS AND CONDITIONS OF
EMPLOYMENT OF EMPLOYEES IN THE EMPLOYEE’S BARGAINING
UNIT REPRESENTED BY THE COLTON POLICE OFFICERS
ASSOCIATION
WHEREAS, the City of Colton (“City”) has met and conferred in good faith and fully communicated and exchanged information concerning working conditions, wages, and benefits with the Colton Police Officers Association (CPOA); and WHEREAS, the appointed representatives of the parties agreed on some issues as stated in the attached staff report and MOUs, and recommend that the city and the bargaining unit implement this agreement; and
WHEREAS, the City Council approves the Memorandum of Understanding for the contract period of the Colton Police Officers Association - July 1, 2025, through June 30, 2027; and
WHEREAS, the City Council authorizes the budget appropriation of $505,851 from the General fund reserves to the appropriate line items of the current 2025 – 2026 City of Colton fiscal year budget to cover these costs; and
WHEREAS, the City Manager is authorized to execute the implementation of these MOUs on the city’s behalf and to revise the City’s Master Salary Table to reflect these changes the City Council has authorized; and
WHEREAS, this resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded; and
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby resolve as follows:
SECTION 1: Adopt changes to the terms and conditions of employment for the Colton Police Officers Association (CPOA).
SECTION 2: Adoption of Resolution R-86-25 will amend the FY2025-26 budget to appropriate $505,851 from the General Fund reserve balance to account for contract-related adjustments as detailed below:
▪ Increase appropriations by $467,626 in General Fund Police Operations Salaries - Miscellaneous Account Number 100-6070-6071-1010-0000-000 ▪ Increase appropriations by $38,225 in General Fund Police Operations Salaries - Overtime Staffing Account Number 100-6070-6071-1050-0000-000
The FY2026-27 Budget will include the projected ongoing impact of approximately $918,258 annually. Although there is a sufficient reserve balance to support the appropriation, this action will require a reassessment of reserve levels and funding priorities during the mid-year budget review.
PASSED, APPROVED, AND ADOPTED this 18th day of November 2025:
City of Colton
FRANK J. NAVARRO, Mayor
ATTEST:
Issac Suchil, City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF COLTON
AND
THE COLTON POLICE OFFICERS ASSOCIATION
TERM
July 1, 2025 – June 30, 2027
Table of Contents
ARTICLE I – EMPLOYER-EMPLOYEE RELATIONS .........................................................3 Section 1: Recognition: ............................................................................................................3 Section 2: Term of Agreement: ..............................................................................................3 Section 3: Grievance Procedure: ............................................................................................3 ARTICLE II – COMPENSATION ..............................................................................................9 Section 1: Salary ......................................................................................................................9 Section 1A: Retroactive Pay Calculations ..............................................................................10 Section 2: Bilingual Pay.........................................................................................................10 Section 3: Canine (K-9) Premium Pay .................................................................................11 Section 4: Detective Special Assignment Pay ......................................................................11 Section 5: Field Training Officer/ ID Officer Incentives ...................................................11 Section 6: Overtime Work Period ........................................................................................11 Section 7: Acting Pay .............................................................................................................15 Section 8: POST Certificates ................................................................................................15 Section 9: Educational Incentive (College Degree) .............................................................16 Section 10: Shift Differential Pay ...........................................................................................16 Section 11: Longevity ..............................................................................................................16 Section 12: Signing Bonus .......................................................................................................17 ARTICLE III – FRINGE BENEFITS .......................................................................................18 Section 1: Health Insurance ..................................................................................................18 Section 2: Retirees' Health Insurance Participation ..........................................................18 Section 3: Retirement ............................................................................................................19 Section 4: Life Insurance.......................................................................................................20 Section 5: Uniforms ...............................................................................................................20 Section 6: Police Officer Trainees ........................................................................................20 Section 7: Probationary Period for Lateral Hires ..............................................................20 Section 8: Social Security ......................................................................................................21 Section 9: Medicare ...............................................................................................................21 Section 10: Tuition Reimbursement.......................................................................................21 ARTICLE IV – LEAVES ............................................................................................................21 Section 1: Vacation ................................................................................................................21 Section 2: Holidays ................................................................................................................22 Section 3: Sick Leave .............................................................................................................23 Section 4: Bereavement Leave ..............................................................................................26 Section 5: Leave Usage ..........................................................................................................26 Section 6: Cash out of Leave Accruals .................................................................................26 ARTICLE V – GENERAL PROVISIONS ................................................................................26 Section 1: Promotional Procedure .......................................................................................26 Section 2: Work Schedule .....................................................................................................27 Section 3: Nepotism ...............................................................................................................27 Section 4: Maintenance of Terms & Conditions of Employment .....................................27 Section 5: Savings Clause ......................................................................................................28 Section 6: Reopener ...............................................................................................................28 Section 7: Association Release Time ....................................................................................28 Section 8: Council Action ......................................................................................................29
ARTICLE I – EMPLOYER-EMPLOYEE RELATIONS
Section 1: Recognition:
The City hereby recognizes the Colton Police Officers Association as the representative of employees in the following classifications:
POLICE CORPORAL
POLICE OFFICER
POLICE OFFICER TRAINEE (Non-Sworn)
POLICE SERGEANT
Section 2: Term of Agreement:
The term of this agreement is from July 1, 2025 through June 30, 2027.
Section 3: Grievance Procedure:
A. STATEMENT OF PURPOSE
The purpose and objectives of the grievance procedure are to:
1. Assure fair and equitable treatment of all employees and to promote harmonious relations among employees and their supervisors.
2. Afford employees a simple means of obtaining consideration of their grievance by informal means at supervisory level and review of the supervisor's decisions.
3. Resolve grievances as quickly as possible and to correct, if possible, the causes of grievances, thereby reducing the number of grievances and future similar complaints.
It is the spirit and intent of this procedure that all grievances be settled quietly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort shall be made to find an acceptable solution at the lowest level of supervision.
B. DEFINITIONS
For purposes of this procedure, the following definitions shall apply:
1. Day - A workday, except where otherwise stated. A workday is a day on which City Hall is open for business for its full normal working hours.
2. Grievant - A current or former member of the bargaining unit employed full time by the City, except those persons elected by popular vote. An Association may file a grievance on behalf of itself or its members.
3. Grievance - An alleged violation or non-compliance with the provisions of this MOU, any supplemental MOU, the City of Colton's personnel rules and regulations, departmental rules and regulations, and other policies and practices.
Except as provided for in Section J, only the following major disciplinary actions taken against permanent employees are appealable under this grievance procedure:
a. Suspensions in excess of 3 days;
b. Disciplinary salary reductions;
c. Demotions; and,
d. Discharges.
Any appeal of the above disciplinary actions shall be initiated Grievance Step Four.
4. Representative - A person who, at the request of the employee or supervisor, is invited to participate in the grievance or conferences.
5. Immediate Supervisor - The person having evaluation responsibility for the grievant.
6. Association - The legal entity elected to be the exclusive representative of the employee group.
7. Class Grievance - A grievance involving more than one employee.
a. Each employee must submit a grievance in writing. Individual grievances may be treated as a single grievance or as a class at the discretion of the City. b. Resolution of a class grievance may not be consistent among all grievants in the class grievance due to differences in circumstances or occurrences which brought about the grievance.
c. Any grievant not satisfied with the decision at any procedural step shall retain their individual right to appeal to the next step in the grievance procedure.
8. Answer - The response to the grievance at Steps One, Two, and/or Three as outlined in this procedure. All answers shall be written. If an answer does not resolve the grievance to the grievant’s satisfaction, the supervisor will inform the grievant of the next step in the grievance procedure, and the deadline by which the grievant must request the next Step.
C. INFORMAL RESOLUTION STEPS
1. STEP ONE: Immediate Supervisor
Within ten (10) business days after a grievant knew, or by reasonable diligence should have known, of the act or omission upon which a grievance may be based, the grievant shall request an informal resolution meeting with their immediate supervisor. Every effort shall be made to resolve a grievance through discussion between the grievant and
the grievant’s immediate supervisor.
This step will be deemed waived if the immediate supervisor, or the immediate supervisor's action, is the subject of the grievance. The supervisor shall prepare a written answer to the grievance within ten (10) business days after the informal resolution meeting.
D. FORMAL RESOLUTION STEPS
2. STEP TWO: Appeal to Division Head or Designee
If the grievance is not resolved at Step One, the employee may request a meeting to discuss the grievance with the division head, if one exists, or designee. The meeting must be requested in writing within ten (10) business days after the Step One decision has been rendered.
The meeting will be scheduled within ten (10) business days of receipt of the grievant’s written request for the meeting. The division head or designee shall prepare a written answer within ten (10) business days after meeting with the grievant. If no divi sion head exists, the grievant may proceed directly to Step Three.
3. STEP THREE: Appeal to Police Chief
If the grievance is not resolved at Step Two, the employee may request a meeting to discuss the grievance with the Police Chief, or designee. The meeting must be requested in writing within ten (10) business days after the Step Two decision has been rendered.
In situations where a department has no division head to whom an appeal may be addressed at Step Two, the employee may request the Step Three meeting within ten (10) business days of receiving the written answer from their immediate supervisor.
The meeting will be scheduled within ten (10) business days of the employee submitting the request for the meeting. The Police Chief or designee shall render an answer within ten (10) business days of meeting with the grievant.
4. STEP FOUR: Appeal to the City Manager
If the grievant is not satisfied at Step Three, the employee may request an appeal meeting to discuss the grievance with the City Manager. The meeting must be requested in writing within ten (10) business days after the Step Three decision has been rendered.
The City Manager shall schedule a meeting with the grievant within ten (10) business days of receiving the appeal. The City Manager shall meet with the grievant and review the grievance and shall answer within ten (10) business days of discussing the grievance.
5. STEP FIVE: Appeal to Arbitrator
If the grievant is not satisfied at Step Four, the grievant may submit a written request
to the City Manager for the grievance to be heard by an arbitrator, as outlined in more detail in section E of this procedure. This written request must be submitted within ten (10) business days after Step Four decision has been rendered.
In the case where a grievance is an appeal of major disciplinary action, the written request must be submitted within ten (10) business days after the employee has been notified of the final decision to impose disciplinary action.
E. ARBITRATION
1. Written Request for Arbitration
To request a Step Five appeal to an arbitrator, a grievant must timely submit a written request to the City Manager. The request shall be considered timely only if the City Manager receives it no later than ten (10) business days after the Step Five decision has been rendered. Such request may take the form of a memorandum or letter to the City Manager from the employee or an authorized union representative, and must clearly state the provisions of the MOU and/or rules, regulations, past practices or procedures which have allegedly been violated.
2. Private Hearing
Grievance arbitration hearings shall be private.
3. Selection of Arbitrator
Unless the parties agree to another method of selecting an arbitrator, following method shall apply:
The State Mediation and Conciliation Service shall be asked to submit a list of seven persons qualified to act as arbitrators. Within five (5) business days following receipt of the list of arbitrators, the parties shall select an arbitrator. The parties shall alternately strike one name from the list until no name remains. The right to strike the first name is determined by coin toss.
4. Costs of Arbitration
To the extent permitted by applicable law, each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.
5. Demand for Exchange of Evidence
Upon written request by either of the opposing parties in a pending hearing given at least twenty (20) calendar days prior to the scheduled hearing date, each party shall supply to the other party copies of all documentary evidence to be used by that party at the hearing. Such evidence shall be provided no later than five (5) calendar days prior to the scheduled hearing date. Any evidence not so provided may not be admitted or offered as evidence at the subsequent hearing except that any such documentary evidence discovered by a party after such a request for copies, but not soon enough to comply with the above time limits, may be admitted providing it could not have been
discovered sooner by reasonable means and provided further that a copy or copies of such evidence be afforded the requesting party as soon as practicable after such discovery. Nothing contained herein shall operate to prevent either party from presenting additional documents by way of rebuttal.
6. Presentation of Evidence
At the arbitration hearing, both the grievant and the City shall have the right to be heard and to present evidence. The following rules shall apply:
a. Oral evidence shall be taken only on oath or affirmation. b. Each party shall have these rights: to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify, and to rebut the evidence against the witness. If the employee does not testify on their own behalf, the employee may be called and examined as if under cross-examination. c. The arbitration hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to relying on the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any di rect evidence but shall not be sufficient in itself to support a finding, unless the arbitrator finds that it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
7. Time for Arbitrator to Render Decision
The arbitrator shall render a decision, in writing, within thirty (30) calendar days of the close of the hearing or of the arbitrator's receipt of closing briefs, whichever is later.
8. Findings of Fact and Remedies for Disciplinary Appeals An arbitrator may sustain, modify, or rescind an appealed disciplinary action as follows and subject to the following restrictions:
a. For any type of disciplinary arbitration: If the arbitrator finds that a disciplinary action was taken for reasonable cause, the arbitrator shall sustain the action. b. For appeals of suspensions and reductions in class or salary: If the disciplinary action is modified or rescinded by the arbitrator, the grievant shall be entitled to restoration of pay and/or fringe benefits in a manner consistent with the arbitrator's decision.
c. For discharges:
i. If the arbitrator finds that the order of discharge should be modified to another form of discipline, the grievant shall be restored to a position in their former class subject to forfeiture of pay and fringe benefits for all or a portion of the
period of time the grievant was removed from duty, as determined by the arbitrator.
ii. If the arbitrator finds that the order of discharge should be rescinded and no discipline imposed, the grievant shall be reinstated in a position in their former class and shall receive pay and fringe benefits for all of the period of time the employee was removed from duty.
d. Restrictions on remedies:
i. The City shall not be liable for restoring pay and fringe benefits for any period(s) of time the grievant was reduced or removed from duty which results from the appealing party's request for written briefs and/or a transcript of the arbitration proceedings or from any unreasonable delay in the issuance of the arbitrator's award.
ii. Restoration of pay and benefits shall be subject to deduction of all unemployment insurance payments received. Outside earnings received since the date of discharge which grievant would not likely have earned but for the discharge shall also be deducted.
9. Arbitration Final and Binding
The decision by the arbitrator shall be final and binding and not subject to any administrative or judicial appeal or review of any kind except pursuant to California Code of Civil Procedure Section 1286.2.
F. REPRESENTATION
1. An employee may request representation of their choice and at their expense at any stage of the grievance procedure.
2. The grievant and designated representative, if any, shall receive release time for the purpose of representing the grievant at any step. For purposes of this section, representation includes reasonable preparation and consultation.
3. Only the grievant and one other person from the bargaining unit may be on paid status while engaging in tasks related to the representation. Representation shall not unduly interfere with the normal course of City business.
G. TIME LIMITS
1. Failure by a grievant to meet any deadline set in this procedure shall terminate the grievance. The grievant shall not have a right to refile on the same set of facts, unless good cause is shown for the delay or the City notifies the grievant in writing that it will waive the deadline.
2. Failure by the City to meet a deadline set forth in this procedure shall give the grievant the right to proceed to the next Step.
3. Time limits in this procedure may be extended by mutual written agreement between
the parties.
4. The grievant and representative, if any, will be given at least ten (10) business days written notice of any meeting scheduled pursuant to any Formal Resolution Step. This provision may be waived by mutual written agreement between the parties.
H. WITHDRAWAL
Any grievance may be withdrawn by the grievant at any time. Withdrawal of a grievance will be with prejudice and shall remove the right of the grievant to refile on the same set of facts.
I. FREEDOM FROM REPRISAL
No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or grievance with their immediate supervisor, or for the good faith filing of a grievance.
J. MINOR DISCIPLINARY ACTION APPEAL PROCESS
1. For purposes of this procedure, a "minor disciplinary action" means a suspension of three (3) days or less, a written warning or written reprimand, or any other minor "punitive action" subject to administrative appeal within the meaning of the Public Safety Officers Procedural Bill of Rights Act. Only employees covered by the Act may initiate an appeal of minor disciplinary action.
2. Any permanent, full -time employee who is subjected to a minor disciplinary action may appeal such action to the Police Chief or designee within ten (10) business days of the date written notification of the action was rendered. Such appeal shall be submitted in writing, stating the reason(s) that the employee believes the disciplinary action should be modified or rescinded.
3. Within fifteen (15) business days of receiving such an appeal, the Police Chief or designee shall schedule a meeting with the employee and the employee's representative, if any.
4. Within fifteen (15) business days after the meeting, the Police Chief or designee shall issue a written determination. Such determination shall be final and binding, and shall not be subject to further appeal or grievance procedure of any kind whatsoever.
ARTICLE II – COMPENSATION
Section 1: Salary
All employees in the above -represented classifications shall receive a base salary as set forth in the Pay and Classification Plan for the City of Colton. Employees represented by the Association
shall receive the following base salary increase:
• Effective July 1, 2025, shall receive a 3% salary increase. • Effective July 1, 2026, shall receive a 4% salary increase.
The position of Police Corporal shall maintain a minimum 10% salary alignment above the top step salary range of Police Officer.
For the purposes of salary surveys, the survey cities are: Barstow, Chino, Fontana, Montclair, Ontario, Redlands, Rialto, San Bernardino and Upland. No cities shall be added to or removed from this list during the term of the MOU.
Section 1A: Retroactive Pay Calculations
The City and Association have agreed to a one-time bonus payment in lieu of retroactive payments for all Association members. It is agreed and understood that the one-time bonus payment shall be taxed but shall not be reported to CalPERS for retirement calculations or any other purposes. It is also agreed and understood that the one-time bonus payment is intended to avoid the tedious task of calculating each individual member’s retroactive pay effective July 1, 2025. It is further agreed and understood that no employee in this bargaining unit will receive a separate retroactive payment concerning any of the salary and/or incentive pay increases in this MOU effective July 1, 2025, including but not limited to, retroactive payments for any overtime worked betw een July 1, 2025 and the implementation date of this MOU (first full pay period after City Council approval on November 18, 2025). The following one -time bonus amounts were agreed to with the understanding that this MOU will be reviewed and approved by Ci ty Council on November 18, 2025 and the MOU terms will be implemented the first full pay period after City Council approval:
• Each employee in the ranks of Police Officer Trainee shall receive a one -time bonus of three thousand dollars ($3,000.00).
• Each employee in the ranks of Police Officer shall receive a one -time bonus of four thousand two hundred dollars ($4,200.00).
• Each employee in the ranks of Police Corporal shall receive a one -time bonus of five thousand five hundred dollars ($5,500.00).
• Each employee in the ranks of Police Sergeant shall receive a one- time bonus of six thousand five hundred dollars ($6,500.00).
Section 2: Bilingual Pay
The compensation for bilingual skills assignment shall be $200 per month, $100 to be paid on the first two pay periods of the month, for employees who must perform bilingual translation as part of their job function, regular duties, and who successfully complete a bilingual examination.
Bilingual pay will be for employees, who speak Spanish, perform sign language, or who speak any other language designated by the Police Chief.
When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the Police Chief shall terminate the bilingual compensation by written notice to the Human
Resources Director or designee. The bilingual pay is tied to the classification rather than the individual employee and will terminate if the employee moves to a new classification.
For additional requirements see City Administrative Policy 4.05.440.
Section 3: Canine (K-9) Premium Pay
Employees who are regularly assigned responsibility or canine handling and care shall receive twenty (20) hours per month paid at the premium rate equal to time and one half (1 ½) of the employee’s base hourly rate. Those unit members assigned to canine duty agree that the above additional hours provided each week are reasonably necessary to provide for the care and maintenance of the assigned canine and that these additional “hours worked” are intended to compensate unit members assigned to canine duty for all off duty hours spent caring for and maintaining their assigned canine, in compliance with the FLSA and interpretive cases and rulings.
Section 4: Detective Special Assignment Pay
Effective July 1, 2025, employees who are regularly assigned to the Detective Bureau shall receive five percent (5%) of the employee’s base hourly rate. Employees in the classifications of Officer, Corporal, and Sergeant are eligible to receive the assignment pay.
Section 5: Field Training Officer/ID Officer Incentives
Effective January 1, 2021, the City will pay any Police Officer or non- sworn employee who is assigned to train another employee an incentive of $400 per month, or pro- rata portion thereof, while training.
Any Police Officer assigned to I.D. Officer shall receive 5% special assignment pay over the salary range of Police Officer.
Section 6: Overtime Work Period
A. Work Period
The work period of sworn employees shall be 28 days in length and for non- sworn employees 7 days in length.
B. Overtime Pay
All sworn employees required to work in excess of their regularly scheduled shift or of 160 hours per work period, and all non- sworn employees required to work in excess of their regularly scheduled shift or of 40 hours per work period, shall receive compensation at the rate of time and one- half the regular rate of pay. The regular rate of pay shall include (if applicable) educational incentive and special assignment pay in addition to base salary.
In determining an employee's eligibility for overtime at the regular rate of pay, paid leaves of absence shall be included in calculating the total hours worked.
There shall be no pyramiding of overtime. Hours worked by an employee in any workday or work period on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked. Over time shall be recorded and paid in minimum increments of 15 minutes.
C. School Resource Officer
The parties agree that if an SRO leaves the program at a time other than the beginning of the school year, the compensatory time accrued as a result of the nine (9) hour workday should be handled in the following manner:
• Voluntary Transfer or End of Assignment: Employee will be provided a reasonable time to schedule time off to reduce the accrued compensatory time.
D. Compensatory Time Off
Each employee shall, at the employee's discretion, be entitled to payment of overtime compensation in the form of cash or compensatory time off. If the employee chooses to receive overtime compensation in the form of compensatory time off, then such compensatory time off shall be earned at the same rate (one and one -halftimes the employee's hourly rate) as in the case of overtime earned.
The maximum number of compensatory time off hours which may be accumulated (after conversion at time and one -half) by an employee is 480 (320 hours worked times time - and-one-half). Once an employee has accumulated 480 hours, then all future overtime shall be paid in cash.
The number of compensatory time off hours which the employee has accumulated during any time period, shall carry over from year to year and month to month, and under no circumstance, shall be deleted unless such action is in accord with this section of the MOU.
No employee shall be involuntarily required to utilize all or part of their compensatory time off. Any employee desiring to utilize all or part of their accumulated compensatory time off shall make application to a supervisor vested with the authority to grant such application. If, as a result of the needs of the organization, the supervisor in their discretion is unable to grant the use of such compensatory time off, then the application shall be denied.
E. Compensatory Cash Out
During the first payroll period of November and June of any calendar year, any represented employee having accumulated compensatory time, may, at the employee's discretion, request that the City provide the employee with a cash disbursement at the regular rate existing at the time of disbursement and with reference to the number of hours designated by the employee. The City shall comply with such direction from the employee. Upon the employee's separation from City service, for any reason, the City shall di sburse to the employee, at the hourly rate existing at the time of disbursement, the value, in cash, of all accumulated compensatory time.
F. Overtime Authorization
All overtime requests must have the authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. An employee's failure to obtain prior approval may result in disciplinary action.
G. Clothes Changing
Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for their own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at their own discretion.
Nothing herein prevents an employee from wearing their uniform to and/or from their residence to work. Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever.
H. Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. An employee must have supervisory approval prior to being allowed to trade shifts.
The trade must be due to the employee's desire or need to attend to a pers onal matter and not due to the department's operations. The employee providing the trade shall not have compensable hours increased as a result of the trade; nor shall the employee receiving the trade have compensable hours decreased as a result of the trade. Any premium pay or other extra compensation will be waived for both individuals during the period they work for the other. Any hours worked beyond the normal work day will be credited to the individual actually doing the work.
"Paybacks" of shift trades are the obligation of the two employees involved in the trade.
Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whats oever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave employment of the City or are assigned other duties.
If one individual fails to appear for the other (regardless of the reason), the person who "traded in" will be listed as absent without leave and may be subject to disciplinary action.
I. Early Relief
The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. An employee must have the approval of the Watch Commander prior to being allowed early relief. The employee providing the early relief shall not have c ompensable hours increased as a result of the early relief; nor shall the employee relieved early have compensable hours decreased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees. The department is not responsible in any manner
for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.
J. Firearms Qualifications
Employees required to shoot at the firing range while off duty shall receive credit for actual time spent at the range (a minimum of one hour shall be paid). Travel time to and from the range is not considered hours worked and shall not be compensated in any manner.
Employees who shoot at the range at times other than the required qualifications dates will be considered on personal time. Such time is not counted as working time and is not compensable in any manner whatsoever.
K. Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 553.226, et. seq. When feasible, the department will adjust the employee's work schedule to minimize the impact of travel and training time. An employee attending mandatory training or called in to mandatory training shall receive credit for a minimum of one hour.
L. City Vehicle Use
Employees who are provided with a City vehicle, to travel to and from work, shall not be compensated in any manner whatsoever for such travel time in the City vehicle.
M. Call Back Pay
Call back duty occurs when an employee is ordered to return to duty on a non- regularly scheduled work shift. Callback does not occur when an employee is held over from prior shift or asked to come in immediately prior to regularly scheduled shift. An employee called back to duty shall be credited for actual hours worked. The employee shall receive a minimum compensation of two (2) hours call back pay. This provision is subject to all the current provisions in the MOU and will only apply to meetings if there is not 72 hours advance notice. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever.
N. Court Pay
When an employee is physically called to court, while off duty, the employee shall be credited on an hour-for-hour basis for the time actually spent in court. An employee shall be credited with a minimum of four (4) hours of the court appearance. Travel ti me shall not be considered hours worked and shall not be compensated in any manner whatsoever.
O. Court Standby Pay
An employee may leave a telephone number to be reached while on court standby. Such time is not considered hours worked under the Fair Labor Standards Act and will not be compensated except as set forth below.
Alternatively, an employee on court standby may, with the permission of the supervisor, report to the police department, in uniform, for assignment while awaiting court. An
employee shall be credited on an hour -for-hour basis for time actually worked while on standby. Travel time to the police department shall not be considered hours worked and shall not be compensated in any manner whatsoever.
In recognition of the City's established practice, the City shall continue to compensate employees at the rate of four (4) hours pay at time and one -half when placed on standby by the District Attorney's Office. This payment is being made pursuant to the M OU, not pursuant under the FLSA. Time compensated in the above manner shall not constitute hours worked for purposes of the FLSA.
P. Detective Standby
A detective employee will be provided a department issued cellular phone to be reached while on detective standby. Such time is not considered hours worked under the FLSA and will not be compensated except as set forth below.
Standby time is defined as being on- call from the end of the workday on Thursday to the end of the workday the following Thursday, a period not to exceed seven days. Any CPOA classification (officer, corporal, or detective) assigned to the detective bureau and assigned standby duty for the week shall receive ten (10) hours at time and one-half the regular rate of pay per seven-day cycle. A Sergeant assigned as the Detective Sergeant on standby shall receive five (5) hours at time and one-half the regular rate of pay per seven-day cycle. Said payment shall be made in cash or accrual of compensatory time, at the option of the employee.
Section 7: Acting Pay
Whenever the needs of the Department require an employee to temporarily perform the duties of a higher classification than the employee is currently employed for a period of more than eighty (80) continuous working hours, the employee shall receive the sal ary rate of the higher class in which performing the required duties. In such cases, the employee shall be paid at the appropriate step of the salary schedule of the higher classification, which will ensure an increase of not less than 5% greater than the salary of their current position, but in no case shall such salary exceed the top salary step of the higher classification. The higher salary rate payable shall commence after completion of eighty (80) continuous working hours following the temporary reassignment of the performance of duties in the higher classification. The requirement for the performance of duties in the higher classification shall be placed in writing to the City Manager following recommendation by the Police Chief. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualifications of the higher classification by the City Manager as recommended by the Police Chief and agrees to perform those acting duties.
This provision shall not apply to Police Officers working as Police Corporals.
Section 8: POST Certificates
Effective July 1, 2025, e ach employee shall receive the following monthly amounts if the
employee possesses the requisite POST Certificates. An employee possessing one of the certificates listed below who is receiving acting pay shall be compensated for the certificate pay listed for the classification is acting. FLSA overtime will include POST Certificate pay. Certificate pay in non-cumulative.
Intermediate: 8%
Advanced: 10%
Supervisory: 12%
Section 9: Educational Incentive (College Degree)
Effective February l, 2014 the City will offer the following educational incentive pay. Education Incentive pay is non-cumulative.
AA Degree: 2%
BA Degree: 4%
MA Degree: 6%
Section 10: Shift Differential Pay
1. Shift differential pay shall be four percent (4%) above the base hourly rate.
2. Employees assigned to a night shift platoon or assignment where the majority of their work shift falls between the hours of 6:30 p.m. and 7:00 a.m. shall receive shift differential.
3. Shift differential shall not be paid for any hours worked as overtime by employees not regularly assigned to these identified shifts and/or assignments.
Section 11: Longevity
Effective July 1, 2025, eligible employees shall receive a monthly longevity stipend. Payment of the longevity stipend shall be issued on a bi -weekly schedule (26 payments per year) in the following amounts:
1. Upon completion of 10
th year of service = $100 per month (annual $1,200)
2. Upon completion of 15th year of service = $200 per month (annual $2,400)
3. Upon completion of 20th year of service = $300 per month (annual $3,600)
4. Upon completion of 25th year of service = $400 per month (annual $4,800)
Eligible employees shall only receive one monthly longevity stipend. Longevity stipends shall not be cumulative.
For purposes of determining eligibility for the longevity stipend, the following shall qualify as “years of service:”
1. Total years of service with the City of Colton.
2. Total years of employment with another public agency while working in a similar full- time public safety job classification.
Section 12: Signing Bonus
Recruitment and retention have been a challenge, in which the City and Department have recognized the concern. The following are the terms and conditions for newly hired employees to receive a signing bonus:
1. The term “newly hired” refers to an employee that is hired by the CITY in the classification of Police Officer or Police Officer Trainee. The term “newly hired” does not include an employee that is hired by the CITY in the classifications Police Corporal, or Police Sergeant. “Newly Hired" does not include sworn personnel of the CPOA who promote from Police Officer to Police Corporal and/or Police Sergeant.
2. The term “recently hired” refers to an employee that is hired by the CITY in the classification of Police Officer or Police Officer Trainee on or after December 1, 2024.
The term “recently hired” does not include an employee that is hired by the CITY in the classifications Police Corporal or Police Sergeant. “Recently hired” shall not apply to a current sworn CPOA employee that promotes to a higher rank or classification.
3. The term “hired” refers to an employee that accepts an offer of employment from the CITY in the classification of Police Officer or Police Officer Trainee (not Police Corporal, or Police Sergeant) and begins first day of work for the CITY.
4. Newly hired CPOA members shall receive signing bonuses as follows:
a) $2,500.00 (two thousand and five hundred dollars) once hired, to be paid concurrently with employee’s first payroll check due to employee.
b) $2,500.00 (two thousand and five hundred dollars) at minimum of six (6) months of employment and after successfully passing the Field Training Officer (“FTO”) program, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
c) $5,000.00 (five thousand dollars) upon successfully passing probation (typically 12 months for laterals or 18 months for academy graduates with no prior police experience), to be paid concurrently with the next payroll check due to employee after reaching this milestone.
d) $5,000.00 (five thousand dollars) on the 1- year anniversary of successfully passing probation, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
Employees that have left City employment and returned, are not eligible for an additional signing bonus if they received it when originally hired.
ARTICLE III – FRINGE BENEFITS
Section 1: Health Insurance
The City participates in a Section 125 Cafeteria Plan. Under the cafeteria plan, all participating bargaining unit employees will receive the following monthly allowance from which employees can choose medical, dental and/or vision insurance:
• Effective the first full month following ratification and approval of this MOU: $1,675 per month.
• Effective January 1, 2026: $1,750 per month.
In addition, supplemental insurance opportunities will be provided, in order for employees to purchase supplemental medical insurance and childcare coverage.
The city will adhere to the cafeteria plan requirements for all bargaining groups. Should the monthly allowance change, the City and Association agree to meet and confer to discuss the impact of any changes.
Employees who provide the City with satisfactory proof of alternate group health coverage comparable to the City's offered health insurance plans can decline, in writing, coverage on the City's medical insurance plans. The alternative health coverage must meet all requirements of the Affordable Care Act (ACA) and related regulations for an eligible Opt-Out Arrangement. In those instances where the employee's medical insurance premium is less than the City's monthly contribution, the difference between said cafeteria dollar amounts shall be provided in the form of bi-monthly cash disbursements (payable 24 times per year), subject to the limitations set forth below. Cash disbursements to the employee are subject to being taxed, pursuant to the appropriate tax codes.
Employees Hired before May 1, 2017
For employees hired before May 1, 2017, the maximum amount of Health Insurance Opt-out will be capped at $1,225 per month for the difference between the medical insurance premium and the cafeteria dollar amount.
Employees Hired on or after May 1, 2017
Employees hired on or after May 1, 2017, shall have a maximum cap of $500 per month for cash in-lieu or for the difference between the medical insurance premium and the cafeteria dollar amount.
Section 2: Retirees' Health Insurance Participation
Members of this unit who retire from the City may enroll in the City -provided health insurance plan of the employee's choice.
Employees who retire after having served a minimum of 20 years with the City shall have their
and their spouse's (2 -Party rate) HMO premiums paid for by the City up to Medicare age. After the retiree reaches Medicare age, they can maintain health insurance with the City, but the retiree must pay their premiums. If the retiree is ineligible for Med icare benefits, the City will continue to pay the premiums, as long as the employee remains insurable. For all other employees and their spouses, all premiums required by their participation in such health insurance plan shall be paid by the employee. Participation in any health insurance plan is contingent upon the health insurance carrier approving the enrollment of a retired employee or spouse.
The City will provide the retiree’s health insurance benefit through City provided medical insurance as describe above, to retirees who move outside of California and enroll in a City provided health insurance plan. The city will reimburse the retiree mont hly up to their previous HMO premium rate.
Employees Hired before May 1, 2017
Effective June 30, 2024, employee’s who serve a minimum of 20 years with the City, the City’s contribution to retiree medical benefits will be capped at $2,000 per month. The retiree will be responsible for payment of any premium payments that exceed $2,000 per month. Any current retirees and employees who retire before June 30, 2024 shall not be impacted by the establishment of the cap in this provision.
All Employees Hired on or after May 1, 2017
Employees hired on or after May 1, 2017; City’s contribution for Retiree Health Insurance Benefit will be capped at $500 per month.
Section 3: Retirement
The City contracts with the California Public Employees’ Retirement System (CalPERS) for administration of the retirement program. Coverage for regular full-time employees are as follows:
A. Sworn Employees
1. Police safety unit members who are “Classic” hired prior October 15, 2011 are covered by the 3% at 50 retirement formula. Police safety unit members who are “Classic” hired on or after October 16, 2011, are covered by the 3% at 55 retirement formula.
2. Police safety unit members hired on or after January 1, 2013 who are defined as "new members" under the PEPRA, are covered by the 2.7% at 57 retirement formula. Safety employees subject to the 2.7% at 57 formula shall pay the statutorily mandated employee contribution rate of one half the total normal cost.
3. Effective February 1, 2018, employees shall pay twelve percent (12%) for Classic members and three percent (3%) for PEPRA members of compensation earnable of the required employer contribution as cost sharing in accordance with Government Code section 20516(f).
B. Non-Sworn Employees
Any Unit member that is considered a "Classic” member status hired prior to June 1, 2012, shall be covered by the 2.7% at 55; or hired after June 1, 2012 shall be covered by the 2.5% at 55. The normal member contribution applicable to members participating in these retirement formulas continues to be 8%.
Any Non-Safety Unit member that is considered a "new member" as defined in PEPRA shall be subject to the PEPRA retirement formula for miscellaneous shall be covered by the 2% at 62 retirement formula. The normal member contribution for "new members" will be determined by CalPERS in accordance with PEPRA.
All employee contributions shall be deposited in the members' retirement account. Other benefits provided include:
1. One year final compensation for Classic Members
2. Military buyback
3. Post-Retirement Survivor Allowance (sworn)
4. 1959 4
th Level Survivor Benefit for all Unit employees
Section 4: Life Insurance
Effective July 1, 2025, t he City will provide each unit member a fully paid term life insurance policy in the amount of $100,000.
Section 5: Uniforms
A. Uniform Allowance. Effective July 1, 2025, the City agrees to pay the uniform maintenance allowance of $115.00 per month per fiscal year. Such allowance shall be paid on the last pay period in June. Such payment shall be for the prior year and shall be prorated for employees not working the full year.
B. For “Classic” members, the City shall report to CalPERS the monetary value of uniforms for those employees required to wear uniforms in the amount of $19.23 per pay period. The parties agree the reported value of uniforms is intended to reflect clothing su ch as pants, shirts, jackets, and related attire.
Section 6: Police Officer Trainees
Employees serving in the classification of Police Officer Trainee are designated as non -sworn employees for purposes of retirement and fringe benefits. Police Officer Trainees shall receive all benefits afforded to other non-sworn employees of the bargaining unit.
Section 7: Probationary Period for Lateral Hires
A new employee who is hired laterally from another law enforcement agency and possesses a Basic Post Certificate will serve a probationary period of one (1) year.
Section 8: Social Security
The City no longer participates in the Social Security Administration as of December 31, 1979.
However, in the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or "pick up" any portion thereof.
Section 9: Medicare
Employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or "pick-up" any such contributions.
Section 10: Tuition Reimbursement
Effective July 1, 2025 for permanent employees (new hire probationary employees ineligible), the City agrees to reimburse employees up to $2,500 per employee, per fiscal year, so long as funds are available, for 100% of costs for tuition and books incurred for job- related education. Such expenditure must enhance the furtherance of City or conti nuing educational goals. Requests for such reimbursement must be submitted after successful completion of the course(s) and must be approved first by the Police Chief, then by Human Resources Director, and City Manager.
Employee initiated educational or a rea development shall not be considered as time actually worked for purposes of computing overtime and normally shall not occur during regular work hours.
For additional requirements see City Administrative Policy 4.05.310.
ARTICLE IV – LEAVES
Section 1: Vacation
A. Accrual
All employees shall accrue vacation time in accordance with the following:
During Years of
Continuous Service
Hours of Accrual
Per Month of
Service
Annual
Accrual
Maximum Accrual
Accumulation
0 months-5 6-2/3 80 160
6-10 10 120 240
11 10-2/3 128 256
12 11-1/3 136 272
13 12 144 288
14 12-2/3 152 304
15+ 13-1/3 160 320
Accruals shall be on a monthly basis in accordance with the above chart. Vacation accrual may be accumulated to not more than the appropriate maximum accumulation except upon the written request of the affected employee and approval of the City Manager. In this event, an employee may be permitted to exceed the maximum accumulation by an amount not in excess of the accrual for a four-month period.
Previous law enforcement experience during which vacation was accrued, may be considered as continuous service for the purpose of computing vacation rate upon the written request of the Police Chief and approval of the City Manager.
B. Use
It is the intent that vacation time be used in time increments sufficiently long enough to permit the employee an adequate period of rest. The use of vacation time in less than weekly increments is to be discouraged. In no event may vacation be taken in increments of less than one hour nor for a period exceeding the number of accrued whole days, except upon the recommendation of the Police Chief. The City Manager may authorize an eligible employee to incur a negative vacation balance of up to 40 hours. Vaca tion shall not be taken during the first six months of service.
Vacations shall be taken at times determined by the supervisor or Police Chief with due regard for the wishes of the employee and for the needs of the department.
In the event one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave.
No employee shall be permitted to work for compensation for the City during vacation, except with prior approval of the City Manager.
C. Buy-Back
Each employee shall be allowed to buy back up to 40 hours of vacation in November of each fiscal year provided a minimum of 100 hours is retained after cash -out. The CPOA President will submit the requests the first payroll period in November. Vacation hours shall be cashed out at the current FLSA regular rate.
D. Accumulated Hours at Termination of Employment
Employees will be paid for all available and unused vacation leave they have in their banks at the time of termination at the current FLSA regular rate.
Section 2: Holidays
Each unit member shall receive the following 10 hour holidays banked:
• New Year's Day
• Martin Luther King's Birthday
• Presidents' Day
• Memorial Day
• Independence Day
• Labor Day
• Columbus Day
• Veterans' Day (To be observed as the second Monday in November) • Thanksgiving Day
• Christmas Eve
• Christmas Day
• New Year's Eve
• 20 Hours Floating Holiday
A. All members shall receive a total of 140 hours of holiday credit at the beginning of each fiscal year on July 1. The holiday credit will be prorated, with one -month equal to 11.66 hours for members hired after June 30. Holiday credit is earned from the 1st if hired by the 15th. If hired from the 16th through the 31st holiday credit is earned the next month.
B. Holiday leave must be taken in the fiscal year earned and cannot be carried over. Holiday leave that is not taken as paid leave during the fiscal year will convert to cash paid at the employee’s regular rate of pay.
C. Holiday leave shall not be taken in increments of less than one hour.
D. The taking of holiday leave is subject to prior approval of the supervisor or Police Chief.
E. Payment for the holiday time shall be made by June 30 of each year. In the event that an employee separates from service and has used/or been paid for holidays in excess of 11.66 earned hours per month, the employee shall reimburse the city for the overage.
Section 3: Sick Leave
Sick leave shall be used in cases of actual sickness or disability when the employee is unable to perform their normal work assignment or as otherwise allowed in this section.
Sick Leave Usage
In order to receive compensation while absent from duty on sick leave, the employee must notify or cause to be notified, their immediate supervisor prior to the time set for the beginning of the employee's regular daily duties. Physician's certificate or work release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. In this situation, the City may ask for a physician’s certificate for sick leave absences of any duration.
Employees may use their accumula ted sick leave for absence due to the following specified reasons:
• Illness or injury to the employee;
• A family member for preventive care or care of an existing health condition; • Exposure of the employee to a contagious disease.
• For specified purposes if they are a victim of domestic violence, sexual assault or stalking. • To maintain a full paycheck while the employee is receiving temporary total disability
Workers’ Compensation benefits, after 4850 has been exhausted. • Other reasons as approved by the City Manager or designee.
Family members include the employee's parent (adoptive, biological, foster, stepparent, or legal guardian), child (adopted, biological, stepchild, legal ward, or child to whom employee stands in loco parentis), spouse, registered domestic partner, grandpar ent, grandchild, and sibling.
Preventive care would include but are not limited to annual physicals or flu shots.
When absent for more than three (3) consecutively scheduled workdays, the employee may file a physician's certificate or work release indicating the employee was unable to perform their duties during their absence. Failure to file the necessary documents w ithin two (2) days following the return to work will be cause for such absence to be charged as leave without pay. Physician's certificate or work release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. On a case -by-case basis, if an employee called out sick, and does not have enough accrual leave time in their sick leave bank, they will not be charged to any other accrual bank and be without pay. This does not apply to an employee on prote ctive leave (i.e. workers’ comp, FMLA/CFRA, etc.)
A. Accrual
Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service.
Unused sick leave shall be accumulated at the rate of 96 hours a year. There shall be no limit on the amount which can be accumulated.
B. Sick Leave Reports
In order to receive compensation while absent on sick leave, the employee shall notify their immediate supervisor prior to or within four (4) hours after the time set for beginning daily duties. When absence is for more than three (3) work days, the employee shall file a physician's certificate or a personal affidavit with the Human Resources Director, stating the cause of the absence.
C. Family Attendance
Employees shall have the option of using sick leave for attendance to family members, or the employee may request to take leave without pay for attendance to family members.
Family members are referred above.
D. Rights of Victims of Domestic Violence
Employees are eligible to take time off and use their accrued sick leave if they are a victim of domestic violence, sexual assault, stalking, a crime that caused physical injury or mental injury, or a crime involving threat of physical injury; or are someone whose immediate family member is deceased as a direct result of a crime; to obtain relief from a court, including obtaining a restraining order, to protect you and your children’s health, safety or welfare. In general, employees do not have to give empl oyer proof to use leave for these reasons. However, employees should tell the City before taking time off. In some instances, the City may request proof, and in those instances employees will not be disciplined if explaining the reason for your absence wit hin a reasonable time. Proof can be a police report, a court order, a document from a licensed medical professional, a victim advocate,
a licensed health care provider, or counselor showing that you were undergoing treatment for domestic violence related trauma, or a written statement signed by you, or an individual acting on your behalf, certifying that the absence is for an authorized purpose. Employees are encouraged to speak with Human Resources staff if or when the need arises. HR Staff will provide discretion and confidentiality to employees that need help.
D. Accumulated Hours at Termination
Except as otherwise herein stated, accumulated sick leave is lost when the employee is terminated for cause. In no event shall employees who have not worked for the City as regular employees for more than five (5) years be entitled to use sick leave to def er termination of their employment by the City nor shall they be compensated for sick leave upon such termination for any reason including but not limited to retirement. In the event such employee applies for and consents to such retirement, then upon the retirement being accomplished, the employee shall be compensated for accumulated unused sick leave (if and only if they have five (5) years of regular paid City service) by payment in a lump sum.
That sum is determined as follows:
The number of hours of sick leave accrued, multiplied by gross hourly earnings (including certification and education pay) at the time of termination, multiplied by a percentage as follows:
If employed more than five years, but less than ten 10% If employed ten years, but less than fifteen 25%
If employed fifteen years or more 50%
If employed twenty years or more 75%
The cash value shall be computed at the employee's FLSA regular rate in existence at the time the monies are disbursed.
Retiring employees are eligible to convert 100% of their accumulated unused sick leave to CalPERS service credit. Employees interested in electing this benefits s hall submit a written request to Human Resources prior to the last date of employment. Eligibility for this benefit is determined by City’s CalPERS contract and applicable CalPERS rules and regulations.
E. Sell Back Program
Each represented employee shall be allowed to sell back up to 96 hours of sick leave per fiscal year. The requirements for the buyback are as follows:
1. Employee must have a minimum of 500 hours to participate in the program; and
2. A minimum of five (5) years’ service; and
3. Employee can only buy back the amount of unused hours accumulated in any one fiscal year; and
4. The employee shall be compensated at their FLSA regular rate at the time of request; and
5. One time each fiscal year, during the first week of November, the buy -back requests will be submitted by the CPOA President to payroll.
Section 4: Bereavement Leave
Up to 40 hours per occurrence, two occurrences each fiscal year, may be taken by full time employees with pay as bereavement leave in the case of the death of the eligible employee's father, step father, father-in-law, mother, step mother, mother-in-law, brother, sister, wife, husband, child, step child, foster child, grandchild, grandparent or grandparent of spouse. These hours shall not be eligible to be carried forward beyond the fiscal year. The City reserves the right to require reasonable verification of the need for such leave.
Section 5: Leave Usage
School Resource Officer (SRO)
Generally shall schedule to be off during the year while school is not in session. This typically will include Winter Holidays (two weeks), Spring Break (one week), Summer Break (two weeks).
Additionally, SRO's shall schedule to be off during school recognized holidays and "In Service" days when students are not attending school (approximately 15 days) unless previously arranged with their Supervisor for specialized training or other needs beneficial to the City.
It is agreed that compensation for the days off outlined in this section shall be compensated via the use of compensatory time accrued as a result of the nine- hour workdays or their Holiday Leave bank.
School Resource Officer's acknowledge that additional vacation time of 1- 4 weeks should be scheduled during summer break and will need to be coordinated with one another so that at least one SRO is working while summer school is in session.
Section 6: Cash out of Leave Accruals
To the extent authorized by this MOU, members may regularly cash out a certain amount of leave accruals. Notwithstanding sections of this MOU that reference the cash out rate for leave accruals, the rate at which all leave accruals shall be cashed out shall be the current "regular rate of pay" as defined by the Fair Labor Standards Act. Regular rate of pay includes base rate of pay plus any applicable incentive and/or premium pays, such as certificate pay, educational incentive, shift differential, special assignment pay, etc. All cash outs will be a separate non payroll check.
ARTICLE V – GENERAL PROVISIONS
Section 1: Promotional Procedure
Effective July 1, 2025, t he following shall apply to Police Corporal and Police Sergeant Promotions:
A. The rule of four shall be followed for each promotional list when there is only one vacancy.
When multiple vacancies exist, two names shall be added to the list for each additional vacancy, if applicable.
B. Written exams shall be validated by the Human Resources Department and be California P.O.S.T. compliant.
C. Human Resources shall notify all candidates of their scores following completion of the testing process. Scoring and notification of results is listed in the City of Colton Personnel Rules and Regulations, Rule VI Examinations.
Section 2: Work Schedule
A regularly scheduled shift is one where the employee has received a minimum of one week's advance written notice.
Normally assigned shifts shall be as follows:
A. Patrol Division – six 12-hour with one 8-hour shift per pay period.
B. Non-Patrol Division – eight 10-hour shifts per work period.
C. All others:
1. Non-sworn – adhere to the academy schedule.
2. Sworn – six 12-hour with one 8-hour shift or eight 10-hour shifts per work period. a. SRO's shall have an optional work schedule of five (5) days a week, nine (9) hours per day as agreed by all parties. The purpose of this schedule is to replicate, as much as possible, the schools calendar so as to facilitate SRO's availability during school hours.
b. The SRO's acknowledge they will be required to attend additional school functions such as dances, graduation, sporting events, etc. Scheduling and compensation of such events shall be arranged between the SRO's and their supervisor and may include work schedule adjustments, compensatory time, or overtime.
There shall be no mandatory pre -planned rotation except for K -9 and special assignment to Detective/Sergeant.
Section 3: Nepotism
Refer to the City of Colton Personnel System Rules and Regulations Rule VIII, Section 8.
Section 4: Maintenance of Terms & Conditions of Employment
All benefits enjoyed by bargaining unit members on the effective date of this MOU, and which have not specifically been amended by this MOU, shall remain in effect. If a court determines the City is required to change a benefit during the term of the MOU, the City shall meet and confer with the Association regarding the implementation of an alternative benefit of equal or similar value.
All "side letter" agreements between the City and the Police Officers' Association that have been entered into prior to the adoption of this MOU by the City Council shall automatically expire on the date this agreement is adopted. Any increases in compensa tion and/or benefits that were delayed, postponed or provided by those side letter agreements are hereby waived.
Section 5: Savings Clause
Should any provision of this MOU be held invalid by a court of competent jurisdiction, then the remaining provisions shall remain in full force and effect.
Section 6: Reopener
No further reopener will be considered unless both the CPOA and the City mutually agree to reopen the existing contract.
Section 7: Association Release Time
The City shall provide Association Board members up to 200 hours per calendar year of release time to attend training, conferences, meetings or events related to the performance of Association business. This release time shall not include those hours otherwise granted to association representatives by California Government Code section 3505.3.
The Association recognizes it has the responsibility to give the City reasonable advance notice when requesting release time. The City reserves the right to deny any release time that would unduly impair the mission of the Department.
Section 8: Council Action
If this agreement is acceptable to the City Council, then the City Council shall adopt the agreement by appropriate action at the first scheduled meeting following the signing of this agreement.
FOR CITY OF COLTON: FOR COLTON POLICE OFFICERS
ASSOCIATION:
___________________________________ ______________________________ Frank J. Navarro, Mayor Shawn McFarland, CPOA President
__________________________ _______________________
Dated Dated
Item: 7.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Notice of Completion - Fiscal Year 2024-25 Slurry Seal Project - Approve the Execution and Recordation of the Notice of Completion for the Fiscal Year 2024-25 Slurry Seal Project.
Recommended Action:
Staff recommend that the City Council approve the execution and recordation of the Notice of Completion for the Fiscal Year 2024-25 Slurry Seal Project completed by Roy Allan Slurry Seal, Inc.
Background:
On September 17, 2024, the City Council awarded a construction contract to Roy Allan Slurry Seal, Inc for the Fiscal Year 2024-25 Slurry Seal Project. This project utilized rubberized slurry seal as a means to cost-effectively extend the life of the pavement/streets. The streets included in the project were the following:
1. W. Citrus St – Pennsylvania to 8th
2. Pleasant View Ave. – 8th to West end
3. Orange Ave. – Pennsylvania to 8th
4. Johnston St. - Pennsylvania to 8th
5. Hunter Rd. – Johnston to North end
6. N. 8th St. – North end to South of Citrus
7. E St. – Colton to Mt. Vernon
8. G St. – 10th to Mt. Vernon
9. H St. – 10th to Mt. Vernon
10. 12th St. – Valley to E St.
11. 13th St. – Valley to E St.
12. 5th St. – Fogg to Congress
13. Hert St. – Congress to La Cadena
14. Walnut St. – Maple to Congress
15. 7th St. – H St. to Olive St.
16. 7th St. – Olive St. to Oak St.
17. Serenata St. – Meridian to Cantara
18. Cantara St. – South end to Poema
19. Concepcion St. – West end to Cantara
20. Summit Ct. – John Matich Dr. to North end
21. Hill Ct. – John Matich Dr. to North end
22. Trail Ct. – West end to East end
23. Ridge View – Prado Ln. to North end
24. Canyon Vista Cr. – Mesa Dr. to East end
25. Stewart St. – Hunts Lane to Raynor St.
26. Helena St. – Stewart St. to Mintzer St.
27. Mintzer St. – Raynor St. to Helena St.
28. Harris St. – Raynor St. to Helena St.
29. Hernandez Ct. – Stewart St. to East end
30. Willis Ct. – Stewart St. to East end
31. Raynor St. – Stewart St. to Mintzer St.
Issues/Analysis:
The original project was awarded in the amount of $382,338.20. On June 17th, 2025, the project incurred a change order in the amount of $30,254.63 making the total cost for the project $412,592.83 and ready for a formal closure.
Fiscal Impacts:
There is no additional fiscal impact to file the Notice of Completion for this project. The total project cost incurred a change order which bought the project to a total of $412,592.83. The project was funded as follows.
Funding Source Account No. Roy Allan Contract
FY21/22 Citywide Slurry
Seal Project
218-2237-6150-3890-
0000-000
$33,216.51
FY23/24 Citywide Slurry
Seal Project
218-2420-6150-3890-
0000-000
$176,560.29
FY24/25 Citywide Slurry
Seal Project
218-2503-6150-3890-
0000-000
$172,561.40
Change Order 1 218-2503-6150-3890-
0000-000
$15,000.00
Change Order 1 450-2235-6985-3890-
0000-000
$15,254.63
Total $412,592.83
Alternatives:
1. Provide alternative direction to staff.
Attachments:
1. Exhibit A- Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz, P.E
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on OCTOBER 23, 2025
8. The name of the original contractor, if any, for the work of improvement was ROY ALLAN SLURRY SEAL, INC. The kind of work done or material furnished was the FISCAL YEAR 24/25 SLURRY SEAL.
9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: SLURRY SEAL ON VARIOUS CITY STREETS IN COLTON FISCAL YEAR 24/25 SLURRY SEAL PROJECT.
The street address of the said property is various (APN is not applicable) APN-None
Dated: ______________________________________(Signature) Victor Ortiz, P.E., City Engineer, City of Colton
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at _______Colton_________, California, this _____________ day of ___________, 2025.
____________________________________
Victor Ortiz, P.E., City Engineer, City of Colton
Item: 8.
Staff Report
Meeting Date: November 18, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Set Public Hearing - Right-of-Way Vacation - Set Public Hearing Date of December 16, 2025 to Approve the following Resolution of Intention to Vacate Certain Portions of Right-of-Way, the full width of the alley north of Valley Boulevard, from Mt. Vernon Avenue to 280 feet west of Mt. Vernon Avenue, and certain portions of right-of-way, approximately 234 square feet, on the west side of Mt. Vernon Avenue, north of Valley Boulevard, Resolution No.
R-90-25.
Recommended Action:
Staff recommends that the City Council take the following actions:
1. Adopt a Resolution of Intention for the following actions:
1. Vacate certain portions of right-of-way, the full width of the Alley north of Valley Boulevard, from Mt. Vernon Avenue to 280 feet west of Mt. Vernon Avenue as described and depicted in Exhibit A and Exhibit B (“Alley Vacation”) and;
2. Preserve a Colton Water, Colton Wastewater (Sewer), AT&T, and Colton Electric Utility (CEU) Easement for the vacated right-of-way, the full width of the Alley north of Valley Boulevard, from Mt. Vernon Avenue to 280 feet west of Mt. Vernon Avenue as described and depicted in Exhibit A and Exhibit B (“Electric, AT&T, Water, and Sewer Easements”) and;
3. Vacate certain portions of right-of-way, approximately 234 square feet, on the west side of Mt. Vernon Avenue north of Valley Boulevard as described and depicted in Exhibit A and Exhibit B (“Street Vacation”) and;
4. Authorize a Grant of Utility Easement for certain portions of the vacated right-of- way on the west side of Mt. Vernon Avenue, north of Valley Boulevard as described and depicted in Exhibit A and Exhibit B (“Utility Easement”) from Tabbaa Mardini Real Estate Investments, LLC to San Bernardino County Transportation Authority (SBCTA) and;
5. Accept a Grant of Right-of-Way Dedication In Fee for a new ‘L’ shaped alley, south of ‘H’ Street and west of Mt. Vernon Avenue as described and depicted in
Exhibit A and Exhibit B (“Alley Dedication In Fee for Public Right-of-Way Purposes”) from Tabbaa Mardini Real Estate Investments, LLC, a California limited liability company and;
6. Accept a Grant of Right-of-Way Dedication (corner cutback) In Fee, on the northwest corner of Valley Boulevard and Mt. Vernon Avenue as described and depicted in Exhibit A and Exhibit B (“Corner Dedication In Fee for Public Right- of-Way Purposes”) from Tabbaa Mardini Real Estate Investments, LLC, a California limited liability company and;
7. Authorize a Grant a Utility Easement for certain portions of the vacated right-of- way within the Alley north of Valley Boulevard, west of Mt. Vernon Avenue as described and depicted in Exhibit A and Exhibit B (“Utility Easement”) from Tabbaa Mardini Real Estate Investments, LLC, a California limited liability company to Spectrum Pacific West, LLC, a California limited liability company and;
8. Authorize a Grant of Temporary Construction Easement for certain portions of right-of-way within the Alley north of Valley Boulevard, west of Mt. Vernon Avenue as described and depicted in Exhibit A and Exhibit B (“Easement for Construction Purposes”) from Tabbaa Mardini Real Estate Investment, LLC, a California limited liability company to San Bernardino County Transportation Authority (SBCTA) and associated with the redevelopment of the existing Truck Stop Facility located on the northwest corner of Valley Boulevard and Mt.
Vernon Avenue (File Index No. DAP-001-641);
2. Set a Public Hearing for December 16, 2025, and direct staff to post and publish the required notices.
Background:
On June 8, 2021, the City of Colton Planning Commission approved a Modification of a Conditional Use Permit (DC-17-97) and Architectural and Site Plan Review to allow a replacement of an existing 2,000 square foot gas station canopy with a new 2,542 square foot canopy, demolish an existing 12,642 square foot truck wash building and replace with a new 1,869 square foot fueling canopy and establish 17 new fueling positions on the site, remodel the existing 3,575 square foot food mart building, relocate the existing truck scale, install 3 above ground diesel tanks, and Vacation of existing alley portion between the north and south portions of the site, and approximately 486 square feet of existing right-of-way area along the eastern frontage (Mt. Vernon Avenue) of the site on property measuring approximately 1.69 acres and Zoned C-2 (General Commercial) (Downtown Overlay). As part of the site redevelopment approval, Planning Commission Resolution No. R-19-21 recommended to the City Council to approve the request to vacate a portion of the existing alley for an area encompassing 5,600 square feet on properties totaling 1.69 gross acres located within the C-2 (General Commercial – Downtown Overlay) Zone intersecting at 791 E. Valley Boulevard (File Index No. DAP-001- 641).
The project redevelopment is ongoing and the legal descriptions and plat plans, included attached, of the various instruments which include dedications, vacations, easement preservations, and temporary construction easement granting are now ready to come before the
City Council for formal approval.
The procedure to abandon a public street is set forth in Streets and Highways Code 8320 et seq., and the first step is for the City Council to adopt a Resolution of Intention.
Issues/Analysis:
City staff has reviewed Tabbaa Mardini Real Estate Investments, LLC’s request for the right-of- way vacations and is supportive of the request based on the Planning Commission’s determination of consistency with the General Plan as required and set forth in the Streets and Highways Code 8320 et seq. Upon adoption of the Resolution of Intention, the City Council will hold a public hearing on the proposed abandonment on December 16, 2025 and, subject to public comment and discussion, will consider adoption of a resolution ordering the vacations at that time.
Fiscal Impacts:
None at this time.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. Resolution No. R-90-25 Intention to Set the PH_R
2. 1 ALLEY VACATION - Exhibits A & B
3. 2 ELECTRIC, AT&T, WATER & SEWER EASEMENTS - Exhibits A & B
4. 3 STREET VACATION - Exhibits A & B
5. 4 GRANT OF UTILITY EASEMENT - Exhibits A & B
6. 5 GRANT OF ROW IN FEE (ALLEY) FOR ROW PURPOSES - Exhibits A & B
7. 6 GRANT OF CORNER ROW DEDICATION IN FEE - Exhibits A & B
8. 7 GRANT OF UTILITY (SPECTRUM) EASEMENT - Exhibits A & B
9. 8 GRANT OF TEMPORARY CONSTRUCTION EASEMENT - Exhibits A & B
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RESOLUTION NO. R-90-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
DECLARING ITS INTENTION TO VACATE CERTAIN PORTIONS OF RIGHT-OF-
WAY, THE FULL WIDTH OF THE ALLEY NORTH OF VALLEY BOULEVARD, FROM MT. VERNON AVENUE TO APPROXIMATELY 280 FEET WEST OF MT.
VERNON AVENUE AND CERTAIN PORTIONS OF RIGHT-OF-WAY,
APPROXIMATELY 234 SQUARE FEET, ON THE WEST SIDE OF MT. VERNON
AVENUE, NORTH OF VALLEY BOULEVARD, SUBJECT TO RESERVATION OF
EASEMENTS FOR UTILITY PURPOSES, PURSUANT TO CALIFORNIA
STREETS AND HIGHWAYS CODE SECTION 8320 ET SEQ. AND DIRECTING
THE CITY CLERK TO ADMISTRATIVELY SET THE HEARING DATE, TIME, AND
PLACE AND TO PUBLISH AND POST REQUIRED NOTICES
WHEREAS, the vacation of portions of certain right-of-way, the full width of the alley, north of Valley Boulevard from Mt. Vernon Avenue to approximately 280 feet west of Mt. Vernon Avenue in the City of Colton, and more specifically identified and described in Exhibit A and Exhibit B (“Alley Vacation”), with Reservations for utilities, as identified and described in Exhibit A and Exhibit B (“Electric, AT&T, Water, and Sewer Easements”), is acceptable to the City Engineer; and
WHEREAS, the vacation of portions of certain right-of-way, approximately 234 square feet, on the west side of Mt. Vernon Avenue, north of Valley Boulevard in the City of Colton, and more specifically identified and described in Exhibit A and Exhibit B (“Street Vacation”), is acceptable to the City Engineer; and
WHEREAS, Modification of Conditional Use Permit (DC-17-97) and Architectural and Site Plan Review, also known as File Index Number: DAP-001-641, to allow replacement of an existing gas station canopy with a new larger canopy, demolition of an existing truck wash building and replacement with a new fueling canopy, establish new fueling positions on the site, remodel the existing food mart building, relocation of the existing truck scale, and installation of 3 above ground diesel tanks was approved with the Vacation of the existing alley portion between the north and south portions of the site, and originally approximately 486 square feet of existing right-of-way area along the eastern frontage (Mt. Vernon Ave.) of the site on property measuring approximately 1.69 acres in Zoned C-2 (General Commercial) (Downtown Overlay); and
WHEREAS, the City Council intends to initiate proceedings to consider the Proposed Vacation and set a public hearing for December 16, 2025, pursuant to the provisions of Section 8320 et seq., of the Streets and Highways Code of the State of California; and
WHEREAS, pursuant to Streets and Highways Code Section 8322, notice of the hearing of the Proposed Vacation shall be published for at least two successive weeks in The Press- Enterprise on December 06, 2025, and December 13, 2025, prior to the hearing, and pursuant to Streets and Highways Code Section 8323, on October 29, 2025, three (3) public notices of the Proposed Vacations were conspicuously posted along the line of the alley and street (eastern frontage of the site) proposed to be vacated not more than 300 feet apart along the proposed vacation area; and
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WHEREAS, on June 08, 2021, the Planning Commission adopted a resolution finding that the Proposed Vacation conforms to the City of Colton General Plan; and
WHEREAS, on December 16, 2025, the City Council shall hold a public hearing pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law, to hear and consider all evidence from persons interested, with the intent to incorporate into Part 3, Division 9 of the California Streets and Highways Code; and
WHEREAS, the City Council shall find and determine that the Proposed Vacation area is unnecessary for present or prospective street use and the City Council further finds and determines that the public convenience and necessity require the reservation and exception of easements for the existing utilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colton:
Section 1 Declaration of Intent. The City Council declares its intention to vacate those portions of a public street and right-of-way known as “the full width of the alley north of Valley Boulevard, from Mt. Vernon Avenue to approximately 280 feet west of Mt. Vernon Avenue,” as more fully described and depicted in Exhibit A and Exhibit B (“Alley Vacation”), and those portions of public street and right-of-way known as “approximately 234 square feet on the west side of Mt. Vernon Avenue, north of Valley Boulevard adjacent to private property,” as more fully described and depicted in Exhibit A and Exhibit B (“Street Vacation”), attached hereto and incorporated herein by reference.
Section 2 Reservation. The City Council further declares its intent to reserve, for the benefit of Colton Electric Utility (CEU), Colton Water, Colton Wastewater (Sewer), and AT&T and their successors, heirs, and assigns, an easement in, upon, over, and across the entire area proposed to be vacated, those portions of public street and right-of-way known as “the full width of the alley north of Valley Boulevard, from Mt. Vernon Avenue to approximately 280 feet west of Mt. Vernon Avenue,” as more fully described and depicted in Exhibit A and Exhibit B (“Alley Vacation”), to construct, place, operate, inspect, maintain, enlarge, repair, replace, and remove any existing and future facilities, and necessary fixtures and appurtenances, and said easement shall include rights of ingress and egress thereto.
Section 4 Hearing. The City Council, under the authority vested in it by Streets and Highways Code section 8320(a)(1), hereby directs the City Clerk to set a public hearing for the Council to consider vacating those portions of right-of-way, the full width of the alley, north of Valley Boulevard from Mt. Vernon Avenue to approximately 280 feet west of Mt. Vernon Avenue as described and depicted in respective Exhibits A and Exhibits B (“Alley Vacation”), attached to this Resolution and right-of-way, approximately 234 square feet, on the west side of Mt.
Vernon Avenue north of Valley Boulevard as described and depicted in respective Exhibits A and Exhibits B (“Street Vacation”), also attached to this Resolution. Said hearing is to be held on December 16, 2025 at 6:00 p.m., or as soon thereafter at the matter may be heard, in the Council Chambers at 605 N. La Cadena Drive, Colton, CA 92324. The City Clerk is also authorized and directed to publish and post the notices of such hearing as required by law.
Section 4 General Plan Consistency. The City Council hereby finds, based on the report from the Planning Commission issued as part of its adoption of Resolution No. R-19-21 on June 08, 2021, that vacation on the proposed portions of right-of-way, the full width of the alley, north of Valley Boulevard from Mt. Vernon Avenue to approximately 280 feet west of Mt.
Vernon Avenue and right-of-way, approximately 234 square feet, on the west side of Mt.
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Vernon Avenue north of Valley Boulevard is consistent and in conformity with the General Plan of the City of Colton.
Section 5 Effective Date. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED THIS 18 TH DAY OF NOVEMBER 2025.
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
ISAAC T. SUCHIL
City Clerk
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON INTHE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED ASFOLLOWS:A PORTION OF THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING BETWEEN BLOCKS102 AND 103, MAP OF THE TOWN OF COLTON, IN THE CITY OF COLTON, COUNTY OFSAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE37 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSOBEING A PORTION OF FOURTEENTH STREET, CLOSED BY ORDINANCE OF THETRUSTEES OF THE CITY OF COLTON DATED JUNE 6, 1907, RECORDED IN BOOK "E",PAGE 274 OF MISCELLANEOUS RECORDS, RECORDS OF SAID COUNTY, AND MOREPARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID BLOCK 102, ALSOBEING ON THE EASTERLY 41.25 FOOT HALF WIDTH RIGHT-OF-WAY OF MT VERNONAVENUE; AS SHOWN ON SAID MAP;THENCE NORTH 80°22'14" WEST, A DISTANCE OF 278.38 FEET ALONG THE NORTHLINE OF SAID 20.00 FOOT STRIP OF LAND TO A POINT ON A LINE LYING 20.00 FEETEASTERLY AND PARALLEL WITH THE EASTERLY LINE OF LOT 1 OF BLOCK 103 OFSAID MAP OF THE TOWN OF COLTON;THENCE SOUTH 09°39'29" WEST, A DISTANCE OF 20.00 FEET ALONG SAID PARALLELLINE TO THE SOUTH LINE OF SAID 20.00 FOOT STRIP OF LAND;THENCE PARALLEL WITH THE NORTH LINE OF SAID 20.00 STRIP OF LAND, SOUTH80°22'14" EAST, A DISTANCE OF 281.87 FEET TO SAID RIGHT-OF-WAY LINE OF SAID MT.VERNON AVENUE;THENCE NORTH 00°15'09" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF20.30 FEET TO THE POINT OF BEGINNING.THE ABOVE DESCRIBED VACATION OF LAND OF LAND CONTAINS 5,602 S.F., MOREOR LESS.SEE EXHIBIT "B" FOR A PLAT DEPICTING THE ABOVE DESCRIBED PROPERTY.THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION,IS IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.APN:0162-203-11(12)(13)(14)
LEGAL DESCRIPTIONALLEY VACATION
DATE:JOB NO.220688/19/2025INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT A
S09°39'29"W20.00'
VALLEY BOULEVARD
MT. VERNON AVENUE
"H" STREET
60'
℄
℄
℄161514131211109
17181920212223242532
N80°22'14"W278.38'S80°22'14"E281.87'N00°15'09"W20.30'
41.25'
N80°22'31"W252.16'
N00°15'09"W
152.34'
N00°15'09"W
132.03'
N09°38'53"E129.07'
P.O.B. STREETVACATIONALLEY
LEGEND:AREA OF ALLEY VACATION±5,602 SF P.O.B POINT OF BEGINNING DATE:JOB NO.220688/19/2025
SCALE: 1" = 50'
INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT BALLEY VACATION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON INTHE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED ASFOLLOWS:A PORTION OF THAT CERTAIN 20.00 FOOT STRIP OF LAND LYING BETWEEN BLOCKS102 AND 103, MAP OF THE TOWN OF COLTON, IN THE CITY OF COLTON, COUNTY OFSAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE37 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSOBEING A PORTION OF FOURTEENTH STREET, CLOSED BY ORDINANCE OF THETRUSTEES OF THE CITY OF COLTON DATED JUNE 6, 1907, RECORDED IN BOOK "E",PAGE 274 OF MISCELLANEOUS RECORDS, RECORDS OF SAID COUNTY, AND MOREPARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF LOT 9 OF SAID BLOCK 102, ALSOBEING ON THE EASTERLY 41.25 FOOT HALF WIDTH RIGHT-OF-WAY OF MT VERNONAVENUE; AS SHOWN ON SAID MAP;THENCE NORTH 80°22'14" WEST, A DISTANCE OF 278.38 FEET ALONG THE NORTHLINE OF SAID 20.00 FOOT STRIP OF LAND TO A POINT ON A LINE LYING 20.00 FEETEASTERLY AND PARALLEL WITH THE EASTERLY LINE OF LOT 1 OF BLOCK 103 OFSAID MAP OF THE TOWN OF COLTON;THENCE SOUTH 09°39'29" WEST, A DISTANCE OF 20.00 FEET ALONG SAID PARALLELLINE TO THE SOUTH LINE OF SAID 20.00 FOOT STRIP OF LAND;THENCE PARALLEL WITH THE NORTH LINE OF SAID 20.00 STRIP OF LAND, SOUTH80°22'14" EAST, A DISTANCE OF 281.87 FEET TO SAID RIGHT-OF-WAY LINE OF SAID MT.VERNON AVENUE;THENCE NORTH 00°15'09" WEST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF20.30 FEET TO THE POINT OF BEGINNING.THE ABOVE DESCRIBED VACATION OF LAND OF LAND CONTAINS 5,602 S.F., MOREOR LESS.SEE EXHIBIT "B" FOR A PLAT DEPICTING THE ABOVE DESCRIBED PROPERTY.THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION,IS IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.APN:0162-203-11(12)(13)(14)
LEGAL DESCRIPTIONELECTRIC, AT&T, WATER, AND SEWER EASEMENTS DATE:JOB NO.2206810/23/2025INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING3816 STINEMAN CT. STE 201, LONG BEACH, CA 90808P (424) 344-2464 F (562) 372-3282
EXHIBIT A
S09°39'29"W20.00'
VALLEY BOULEVARD
MT. VERNON AVENUE
"H" STREET
60'
℄
℄
℄161514131211109
17181920212223242532
N80°22'14"W278.38'S80°22'14"E281.87'N00°15'09"W20.30'
41.25'
N80°22'31"W252.16'
N00°15'09"W
152.34'
N00°15'09"W
132.03'
N09°38'53"E129.07'
P.O.B. EASEMENT
ALLEY
LEGEND:AREA OF ELECTRIC, AT&T, WATER, AND SEWER EASEMENTS±5,602 SF P.O.B POINT OF BEGINNING DATE:JOB NO.2206810/23/2025
SCALE: 1" = 50'
INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING3816 STINEMAN CT. STE 201, LONG BEACH, CA 90808P (424) 344-2464 F (562) 372-3282
EXHIBIT BELECTRIC, AT&T, WATER, AND SEWER EASEMENTS
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON INTHE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED ASFOLLOWS:A PORTION OF MT VERNON AVENUE LYING EAST OF LOT 25 IN BLOCK 102 OF THETOWN OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PERMAP RECORDED IN BOOK 9, PAGE 37 OF MAPS IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS;BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 25 OF SAID BLOCK 102, SAIDPOINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MT. VERNON AVENUE,WITH A HALF WIDTH OF 41.25 FEET;THENCE ALONG SAID RIGHT-OF WAY LINE, SOUTH 00°15'09" WEST A DISTANCE OF104.88 FEET TO A POINT TO A NON TANGENT CURVE, CONCAVE NORTHWESTERLYHAVING A RADIUS OF 32.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH59° 01' 59" WEST;THENCE NORTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 55' 21" ANARC DISTANCE OF 20.62 FEET TO A POINT OF CURVE CHANGE CONCAVENORTHEASTERLY HAVING A RADIUS OF 696.00 FEET, A RADIAL LINE TO SAID POINTBEARS NORTH 82° 02' 40" EAST;THENCE NORTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 20' 17" ANARC DISTANCE OF 28.40 FEET;THENCE NORTH 00° 15'21' WEST A DISTANCE OF 15.81 FEET TO THE PROLONGATIONOF THE NORTH LINE OF SAID LOT 25;THENCE ALONG THE PROLONGATION OF SAID LOT 25 NORTH 80° 22'30" WEST TOTHE POINT OF BEGINNING.THE ABOVE DESCRIBED DEDICATION OF LAND OF LAND CONTAINS 234 S.F., MOREOR LESS.SEE EXHIBIT "B" FOR A PLAT DEPICTING THE ABOVE DESCRIBED PROPERTY.THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION,IS IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.APN:0162-203-11(12)(13)(14)
LEGAL DESCRIPTIONSTREET VACATION
DATE:JOB NO.220688/19/2025INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT A
VALLEY BOULEVARD
MT. VERNON AVENUE
ALLEY
VALLEY BOULEVARD
"H" STREET
ALLEY60'
℄
℄
℄161514131211109
171819202122232425
N80°22'14"W278.38'S80°22'14"E281.87'
41.25'
N80°22'31"W252.16'
S00°15'09"E
104.88'N09°38'53"E129.07'
L=20.62', R=32.00Δ=36°55'21", T=10.68'N59°01'59"W (R)N82°02'40"E (R) L=40.84', R=696.00Δ=3°21'42", T=20.42'
N80°22'30"W1.05'
N00°15'21"W15.81'
P.O.B.
L=28.40', R=696.00Δ=2°20'17", T=14.20'
LEGEND:AREA OF VACATIONPARCEL A: ± 234 SF
DATE:JOB NO.220688/19/2025
SCALE: 1" = 50'
INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT BSTREET VACATION
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO:
Name CITY OF COLTON
Street Address 160 S. 10TH ST.
City COLTON
State CA
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITY EASEMENT (this “Grant”) is made and entered into as of December 16, 2025 (the “Effective Date”), by and between Tabbaa Mardini Real Estate Investments, LLC, a California limited liability company, (“Grantors”) and San Bernardino County Transportation Authority, a municipal corporation (“Grantee”).
RECITALS
Grantors hold a fee interest in certain real property located in the City of Colton, California (the “Property”), as more particularly described on Exhibit A and depicted on Exhibit B, attached hereto and made a part hereof by reference. Grantors have agreed to grant to Grantee an easement over the Property (the “Easement Area”), on the terms and conditions set forth in this Grant, for utility, street, highway, and other appurtenant purposes.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors and Grantee hereby agree as follows:
1. Grantors hereby grants and conveys to Grantee, and , their successors and assigns, an easement for streets, highways, public utilities, and other appurtenant uses, together with the right to construct, use, maintain, alter, add to, repair, replace and/or remove, dedicate or declare the same for public use in, on, under, over and across the real property hereinafter described, situated in the City of Colton, County of San Bernardino, State of California, as described as follows:
See attached Exhibit “A” and Exhibit “B” (“Utility Easement”), attached hereto and made a part hereof by reference.
2. The Grantee, their successors and assigns, and their respective agents and employees shall have the right to maintain and replace the utility mains, and shall have free access to said underground and above ground utilities and every part thereof, at all times, for the purpose of exercising the right herein granted.
3. All improvements constructed or installed by Grantee in the Easement Area are, and shall remain, the property of Grantee and may be removed by Grantee at any time. Grantors shall have no right, title, or interest therein.
4. Grantee shall not dispose of any trash, rubbish, waste, or debris in the Easement Area. Grantee shall be solely responsible and liable for all other maintenance and repairs associated with Grantee’ use of the Easement Area.
5. Grantee agrees to indemnify, defend and hold harmless Grantors and their respective officers, employees and agents (collectively, the “Indemnified Parties”, and each individually, an “Indemnified Party”) against any and all losses, damages, expenses and other liabilities, including without limitation reasonable attorneys’ fees and any third party claims, to the extent pertaining to a third party claim for physical damage to property or physical injury to any person, to the extent resulting from or arising out of (i) any activities of Grantee on the Easement Area or (ii) any negligent act or deliberate act or omission on the part of Grantee or anyone else engaged in doing work for Grantee. This indemnification shall not apply to losses, damages, claims, expenses and other liabilities to the extent caused by any negligent or deliberate act or omission on the part of the Indemnified Party. Grantors shall indemnify, defend and hold harmless Grantee and their officers, employees and agents against any and all losses, damages, expenses and other liabilities, including without limitation reasonable attorneys’ fees and any third party claims, to the extent pertaining to a third party claim for physical damage to property or physical injury to any person, to the extent resulting from or arising out of (i) any activities of Indemnified Party on the Easement Area or (ii) any negligent act or deliberate act or omission on the part of Indemnified Party or anyone engaged in doing work for Indemnified Party. This indemnification obligation shall not be apply to Grantee’s discovery of any pre-existing adverse physical condition at the Easement Area, nor shall it alter or otherwise modify Grantors’ indemnity obligations under any other agreements executed by the Parties with respect to any other matters. This indemnification provision shall survive the termination of this Grant.
6. This Grant is made on an “as-is” basis, without any representations or warranties, express or implied. Grantors shall not be liable to Grantee for any loss, injury or other damage to Grantee or to Grantees’ interest in or about the Easement Area from any cause, except as expressly set forth in Section 5 above. Except as expressly set forth in Section 5 above, Grantee hereby waives all claims against Grantors for any such loss, injury or damage and the cost and expense of defending against claims relating thereto. Notwithstanding any other provision of this Grant to the contrary, in no event shall Grantors be liable to Grantee for any punitive or consequential damages or damages for loss of business by Grantee.
7. The terms, covenants, conditions and restrictions contained in this Grant will be enforceable as running covenants and as equitable servitudes in any manner provided by law or in equity; without limitation of the foregoing, the parties intend with this Grant to create covenants running with the land pursuant to Section 1468 of the Civil Code of the State of California. The land subject to this Grant will be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved, subject to the terms, covenants, conditions, and restrictions contained in this Grant. All of the limitations, easements, uses, obligations, covenants, conditions and restrictions stated in this Grant will inure to the benefit of and be binding upon the respective owners, ground lease tenants, and easement holders of the land and their respective heirs, legatees, devises, executors, administrators, guardians, conservators, successors, licensors, and assigns, provided that once the owner of the Property has transferred its parcel by recorded conveyance, the transferring parcel owner will have no further personal liability under this Grant for events or occurrences arising after the recording of the conveyance.
8. In the event of any dispute arising out of or relating to this Grant or the breach or performance of it, the prevailing party shall be entitled to recover reasonable attorney’s fees incurred in connection therewith.
9. This Grant shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law principles. The Parties hereby agree that any legal action or proceeding arising out of this Grant shall be brought in a state court of competent jurisdiction in San Bernardino County, California. By execution and delivery of this Grant, each of the Parties hereby irrevocably accepts and submits to the jurisdiction of such courts, generally and unconditionally, in connection with any such legal action or proceeding.
10. No modification or waiver of the terms or conditions hereof shall be binding upon the parties unless approved in writing by the Parties. The failure by any party to enforce its rights under this Grant on any occasion shall not operate as or be deemed to be a waiver of any future enforcement or exercise of such rights.
11. This Grant is intended to be the complete and exclusive statement of the agreement between the Parties with regard to Grantees’ use and occupancy of the Easement Area, and the Parties shall not be bound by any prior statements, special conditions, or agreements not expressed in this Grant.
12. This Grant may be executed in counterparts, each of which shall be an original and all of which, taken together, shall constitute one and the same instrument.
GRANTORS:
Tabbaa Mardini Real Estate Investments, LLC,
a California limited liability company
By: ___________________________________ Date: _____________________
Name: Lonnie Tabbaa
Title: Owner
By: ___________________________________ Date: _____________________
Name: Abdul Mardini
Title: Owner
SEE CALIFORNIA APPROVED NOTARIZATIONS ON THE NEXT PAGES
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON INTHE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED ASFOLLOWS:A PORTION OF MT VERNON AVENUE LYING EAST OF LOT 25 IN BLOCK 102 OF THETOWN OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PERMAP RECORDED IN BOOK 9, PAGE 37 OF MAPS IN THE OFFICE OF THE COUNTYRECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS;BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 25 OF SAID BLOCK 102, SAIDPOINT ALSO BEING ON THE WEST RIGHT-OF-WAY LINE OF MT. VERNON AVENUE,WITH A HALF WIDTH OF 41.25 FEET;THENCE ALONG SAID RIGHT-OF WAY LINE, SOUTH 00°15'09" WEST A DISTANCE OF104.88 FEET TO A POINT TO A NON TANGENT CURVE, CONCAVE NORTHWESTERLYHAVING A RADIUS OF 32.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 59°01' 59" WEST;THENCE NORTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36°55' 21" ANARC DISTANCE OF 20.62 FEET TO A POINT OF CURVE CHANGE CONCAVENORTHEASTERLY HAVING A RADIUS OF 696.00 FEET, A RADIAL LINE TO SAID POINTBEARS NORTH 82° 02' 40" EAST;THENCE NORTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 20' 17" ANARC DISTANCE OF 28.40 FEET;THENCE NORTH 00°15'21' WEST A DISTANCE OF 15.81 FEET TO THE PROLONGATIONOF THE NORTH LINE OF SAID LOT 25;THENCE ALONG THE PROLONGATION OF SAID LOT 25 NORTH 80°22'30" WEST TO THEPOINT OF BEGINNING.THE ABOVE DESCRIBED DEDICATION OF LAND OF LAND CONTAINS 234 S.F., MOREOR LESS.SEE EXHIBIT "B" FOR A PLAT DEPICTING THE ABOVE DESCRIBED PROPERTY.THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION,IS IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.APN:0162-203-11(12)(13)(14)
LEGAL DESCRIPTIONUTILITY EASEMENT
DATE:JOB NO.220688/18/2025INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT A
20'
VALLEY BOULEVARD
MT. VERNON AVENUE
ALLEY
N09°39'29"E150.06'
N80°22'31"W20.00'
S80°22'14"E20.00'
P.O.B. EASEMENTDEED
VALLEY BOULEVARD
"H" STREET
ALLEY
N09°39'29"E150.06'
S80°22'14"E20.00'60'
℄
℄
℄161514131211109
171819202122232425
N80°22'14"W278.38'S80°22'14"E281.87'
S09°39'29"W20.00'
41.25'
N80°22'31"W252.16'
N09°38'53"E129.07'
L=20.62', R=32.00Δ=36°55'21", T=10.68'N59°01'59"W (R)N82°02'40"E (R) L=40.84', R=696.00Δ=3°21'42", T=20.42'
N80°22'30"W1.05'
N00°15'21"W15.81'
P.O.B.
L=28.40', R=696.00Δ=2°20'17", T=14.20'
S00°15'09"E
104.88'LEGEND:AREA OF UTILITY EASEMENT: ± 234 SF P.O.B. POINT OF BEGINNING DATE:JOB NO.220688/18/2025
SCALE: 1" = 50'
INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT BUTILITY EASEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO:
Name CITY OF COLTON
Street 160 S. 10TH ST.
Address
City COLTON
State CA
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF RIGHT-OF-WAY IN-FEE
(New ‘L’ shape Alley, north of Valley Boulevard, approximately 280 feet west of Mt. Vernon Avenue)
THE GRANTOR(s) Tabbaa Mardini Real Estate Investments, LLC, a California limited liability company, Hereby grants to the CITY OF COLTON, a municipality, its successors and assigns, portions of right-of-way In-Fee for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, use, maintain, alter, add to, repair, replace, remove, dedicate or declare the same for public use in, on, under, over and across the real property hereinafter described, situated in the City of Colton, County of San Bernardino, State of California, as described as follows:
See attached Exhibit “A” and Exhibit “B” (“Alley Dedication In Fee for Public Right-of-Way Purposes”), attached hereto and made a part hereof by reference.
GRANTOR(S):
Tabbaa Mardini Real Estate Investments, LLC,
a California limited liability company
By: ___________________________________ Date: _____________________
Name: Lonnie Tabbaa
Title: Owner
By: ___________________________________ Date: _____________________
Name: Abdul Mardini
Title: Owner
SEE CALIFORNIA APPROVED NOTARIZATIONS ON THE NEXT PAGES
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by the Grant of Right-of-Way In-Fee for the New ‘L’ shape Alley, north of Valley Boulevard, approximately 280 feet west of Mt.
Vernon Avenue (“Alley D edication In Fee for Public Right -of-Way Purposes”) for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses to which this Certificate of Acceptance is attached, dated _________, 2025 from Tabbaa Mardini Real Estate Investments, LLC, a California limited liability company to the City of Colton, a municipal corporation, is hereby accepted by the order of City Council of the City of Colton on the 16th of December, 2025 and the CITY OF COLTON consents to recordat ion thereof by its duly authorized agent.
THE CITY OF COLTON, a municipal corporation
By: ______________________________________
Isaac T. Suchil
City Clerk
Dated: _________________
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON INTHE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED ASFOLLOWS:A PORTION OF THAT CERTAIN STRIP OF LAND LYING BETWEEN BLOCKS 102 AND 103,MAP OF THE TOWN OF COLTON, IN THE CITY OF COLTON, COUNTY OF SANBERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 37OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING APORTION OF FOURTEENTH STREET, CLOSED BY ORDINANCE OF THE TRUSTEES OFTHE CITY OF COLTON DATED JUNE 6, 1907, RECORDED IN BOOK "E", PAGE 274 OFMISCELLANEOUS RECORDS, RECORDS OF SAID COUNTY, AND MORE PARTICULARLYDESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK 103, ALSOBEING ON THE SOUTHERLY 40 FOOT RIGHT-OF-WAY LINE OF H STREET; 20.00 FEETWIDE.THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1 OF BLOCK 103 SOUTH09°39'29" WEST, A DISTANCE OF 150.05 FEET, TO THE SOUTHEAST CORNER OF SAIDLOT 1;THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID LOT 1,SOUTH 80°22'14" WEST, A DISTANCE OF 20.00 FEET;THENCE PARALLEL WITH THE EAST LINE OF SAID LOT 1, NORTH 09°39'29" EAST, ADISTANCE OF 150.06 FEET, TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF H STREET;THENCE NORTH 80°22'31" WEST ALONG SAID RIGHT-OF-WAY LINE, 20.00 FEET TO THEPOINT OF BEGINNING.THE ABOVE DESCRIBED DEDICATION OF LAND OF LAND CONTAINS 3,001 S.F.,MORE OR LESS.SEE EXHIBIT "B" FOR A PLAT DEPICTING THE ABOVE DESCRIBED PROPERTY.THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION,IS IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.APN:0162-203-11(12)(13)(14)
LEGAL DESCRIPTION ALLEY DEDICATION IN FEE FOR PUBLIC RIGHT OF WAY PURPOSES DATE:JOB NO.2206811/4/2025INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT A
20'N09°39'29"E
150.06'
S09°39'29"W150.05'
N80°22'31"W20.00'
S80°22'14"E20.00'
40' P.O.B.
VALLEY BOULEVARD
MT. VERNON AVENUE
"H" STREET
40'
60'
℄
℄
℄161514131211109
17181920212223242532
N80°22'14"W278.38'S80°22'14"E281.87'N00°15'09"W20.30'
41.25'
N80°22'31"W252.16'
N00°15'09"W
152.34'
N00°15'09"W
132.03'
N09°38'53"E129.07'
ALLEY
LEGEND:AREA DEDICATION± 3,001 SF P.O.B POINT OF BEGINNING DATE:JOB NO.2206811/4/2025
SCALE: 1" = 50'
INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT BALLEY DEDICATION IN FEE FOR PUBLIC RIGHT OF WAY PURPOSES EASEMENT NOTE:THERE ARE NO EXISTING EASEMENTS OF RECORDTHAT AFFECT THE SUBJECT PROPERTY
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO:
Name CITY OF COLTON
Street 160 S. 10TH ST.
Address
City COLTON
State CA
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF RIGHT-OF-WAY IN-FEE
(Corner Cutback on the North West corner of Valley Boulevard and Mt.
Vernon Avenue)
THE GRANTOR(s) Tabbaa Mardini Real Estate Investment, LLC, a California limited liability company, Hereby grant to the CITY OF COLTON, a municipality, its successors and assigns, portions of right-of- way In-Fee for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, use, maintain, alter, add to, repair, replace, remove, dedicate or declare the same for public use in, on, under, over and across the real property hereinafter described, situated in the City of Colton, County of San Bernardino, State of California, as described as follows:
See attached Exhibit “A” and Exhibit “B” (“Corner Dedication In Fee for Public Right-of-Way Purposes”), attached hereto and made a part hereof by reference.
GRANTOR(S):
Tabbaa Mardini Real Estate Investments, LLC,
a California limited liability company
By: ___________________________________ Date: _____________________
Name: Lonnie Tabbaa
Title: Owner
By: ___________________________________ Date: _____________________
Name: Abdul Mardini
Title: Owner
SEE CALIFORNIA APPROVED NOTARIZATIONS ON THE NEXT PAGES
CERTIFICATE OF ACCEPTANCE
This is to certify that the interests in real property conveyed by the Grant of Right-of-Way In-Fee for the corner cutback, on the north west corner of Valley Boulevard and Mt. Vernon Avenue (“Corner Dedication In Fee for Public Right-of-Way Purposes”) for streets, highways , sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses to which this Certificate of Acceptance is attached, dated __________, 2025 from Tabbaa Mardini Real Estate Investments, LLC, a California limited liability company to the City of Colton, a municipal corporation, is hereby accepted by the order of City Council of the City of Colton on the 16th of December, 20 25 and the CITY OF COLTON consents to recordation thereof by its duly authorized agent.
THE CITY OF COLTON, a municipal corporation
By: ______________________________________
Isaac T. Suchil
City Clerk
Dated: _________________
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON IN THECOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:A PORTION OF LOT 25, EXCEPTING THE SOUTHERLY 22 FEET THEREOF IN BLOCK 102, MAPOF THE TOWN OF COLTON, IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATEOF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 37 OF MAPS, IN THE OFFICE OFTHE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED ASFOLLOWS:BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 25 OF SAID BLOCK 102, POINT ALSOBEING ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID MT. VERNON AVENUE, HAVING AHALF WIDTH OF 41.25 FEET AS SHOWN ON SAID MAP;THENCE ALONG SAID RIGHT-OF WAY LINE, SOUTH 00°15'09" EAST A DISTANCE OF 104.88FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ALSO THE BEGINNING OF ANON TANGENT CURVE, CONCAVE NORTHWEST HAVING A RADIUS OF 32.00 FEET, A RADIALLINE TO SAID POINT BEARS NORTH 59°01'59" WEST;THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38°47' 31"AN ARC DISTANCE 21.67 FEET TO A POINT OF CURVE CHANGE CONCAVE NORTHWESTERLYHAVING A RADIUS OF 112.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 20° 14' 28"WEST;THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°03' 13"AN ARC DISTANCE OF 27.47 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OFVALLEY BOULEVARD HAVING A HALF WIDTH OF 60.00 FEET AS SHOWN ON SAID MAP;THENCE SOUTH 80° 22' 00" EAST A DISTANCE OF 43.78 FEET TO THE SOUTH EAST CORNEROF SAID LOT 25, SAID POINT BEING ALSO ON THE WESTERLY RIGHT OF WAY LINE OF SAIDMT. VERNON AVENUE, THENCE NORTH 00° 15' 09" WEST ALONG SAID RIGHT OF WAY LINE ADISTANCE OF 27.15 FEET TO THE TRUE POINT OF BEGINNING.THE ABOVE DESCRIBED DEDICATION OF LAND OF LAND CONTAINS415 S.F., MORE OR LESS.SEE EXHIBIT "B" FOR A PLAT DEPICTING THE ABOVE DESCRIBEDPROPERTY.THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION,IS IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORSACT.APN:0162-203-11(12)(13)(14)
LEGAL DESCRIPTIONCORNER DEDICATION IN FEE FOR PUBLIC RIGHT OF WAY PURPOSES DATE:JOB NO.2206811/3/2025INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT A
VALLEY BOULEVARD
MT. VERNON AVENUE
"H" STREET
60'
P.O.B.
℄
℄
℄161514131211109
171819202122232425
N00°15'09"W27.15'
S80°22'00"E43.78'
N80°22'14"W278.38'S80°22'14"E281.87'N00°15'09"W20.30'
L=27.47', R=111.99'Δ=14°03'13", T=13.80'
41.25'
N80°22'31"W252.16'
N00°15'09"W
152.34'
N00°15'09"W
104.88'N09°38'53"E129.07'
ALLEY
S20°14'28"E (R)
L=21.67', R=32.00Δ=38°47'31", T=11.27'
S06°11'49"E (R)
N59°01'59"W (R)T.P.O.B.LEGEND:AREA OF DEDICATION±415 SF P.O.B. POINT OF BEGINNING T.P.O.B. TRUE POINT OF BEGININNG (R) RADIAL DATE:JOB NO.2206810/20/2025
SCALE: 1" = 50'
INC
Waber ConsultantsPLANNING CIVIL ENGINEERING SURVEYING19210 S VERMONT AVE., GARDENA, CA 90248P (424) 344-2464 F (562) 372-3282
EXHIBIT BCORNER DEDICATION IN FEE FOR PUBLIC RIGHT OF WAY PURPOSES EASEMENT NOTE:THERE ARE NO EXISTING EASEMENTS OF RECORDTHAT AFFECT THE SUBJECT PROPERTY
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO:
Name CITY OF COLTON
Street Address 160 S. 10TH ST.
City COLTON
State CA
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF UTILITY EASEMENT
THIS GRANT OF UTILITIES EASEMENT (this “Grant”) is made and entered into as of December 16, 2025 (the “Effective Date”), by and between Tabbaa Mardini Real Estate Investments, LLC, a Caliofornia limited liability company, (“Grantors”) and Spectrum Pacific West, LLC, a California limited liability company (“Grantees”).
RECITALS
Grantors hold a fee interest in certain real property located in the City of Colton, California (the “Property”), as more particularly described on Exhibit A and depicted on Exhibit B, attached hereto and made a part hereof by reference. Grantors have agreed to grant to Grantee an easement over the Property (the “Easement Area”), on the terms and conditions set forth in this Grant, for utility, street, highway, and other appurtenant purposes.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors and Grantees hereby agree as follows:
1. Grantors hereby grant and convey to Grantees, and , their successors and assigns, an easement for streets, highways, public utilities, and other appurtenant uses, together with the right to construct, use, maintain, alter, add to, repair, replace and/or remove, dedicate or declare the same for public use in, on, under, over and across the real property hereinafter described, situated in the City of Colton, County of San Bernardino, State of California, as described as follows:
See attached Exhibit “A” and Exhibit “B” (“Utility Easement”), attached hereto and made a part hereof by reference.
2. The Grantees, their successors and assigns, and their respective agents and employees shall have the right to maintain and replace the utility mains, and shall have free access to said underground and above ground utility pipe(s) and every part thereof, at all times, for the purpose of exercising the right herein granted.
3. All improvements constructed or installed by Grantees in the Easement Area are, and shall remain, the property of Grantees and may be removed by Grantees at any time. Grantors shall have no right, title, or interest therein.
4. Grantees shall not dispose of any trash, rubbish, waste, or debris in the Easement Area. Grantees shall be solely responsible and liable for all other maintenance and repairs associated with Grantees’ use of the Easement Area.
5. Grantees agree to indemnify, defend and hold harmless Grantors and their respective officers, employees and agents (collectively, the “Indemnified Parties”, and each individually, an “Indemnified Party”) against any and all losses, damages, expenses and other liabilities, including without limitation reasonable attorneys’ fees and any third party claims, to the extent pertaining to a third party claim for physical damage to property or physical injury to any person, to the extent resulting from or arising out of (i) any activities of Grantees on the Easement Area or (ii) any negligent act or deliberate act or omission on the part of Grantees or anyone else engaged in doing work for Grantees. This indemnification shall not apply to losses, damages, claims, expenses and other liabilities to the extent caused by any negligent or deliberate act or omission on the part of the Indemnified Party. Grantors shall indemnify, defend and hold harmless Grantees and their officers, employees and agents against any and all losses, damages, expenses and other liabilities, including without limitation reasonable attorneys’ fees and any third party claims, to the extent pertaining to a third party claim for physical damage to property or physical injury to any person, to the extent resulting from or arising out of (i) any activities of Indemnified Party on the Easement Area or (ii) any negligent act or deliberate act or omission on the part of Indemnified Party or anyone engaged in doing work for Indemnified Party. This indemnification obligation shall not be apply to Grantees’ discovery of any pre-existing adverse physical condition at the Easement Area, nor shall it alter or otherwise modify Grantors’ indemnity obligations under any other agreements executed by the Parties with respect to any other matters. This indemnification provision shall survive the termination of this Grant.
6. This Grant is made on an “as-is” basis, without any representations or warranties, express or implied. Grantors shall not be liable to Grantees for any loss, injury or other damage to Grantees or to Grantees’ interest in or about the Easement Area from any cause, except as expressly set forth in Section 5 above. Except as expressly set forth in Section 5 above, Grantees hereby waives all claims against Grantors for any such loss, injury or damage and the cost and expense of defending against claims relating thereto. Notwithstanding any other provision of this Grant to the contrary, in no event shall Grantors be liable to Grantees for any punitive or consequential damages or damages for loss of business by Grantees.
7. The terms, covenants, conditions and restrictions contained in this Grant will be enforceable as running covenants and as equitable servitudes in any manner provided by law or in equity; without limitation of the foregoing, the parties intend with this Grant to create covenants running with the land pursuant to Section 1468 of the Civil Code of the State of California. The land subject to this Grant will be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved, subject to the terms, covenants, conditions, and restrictions contained in this Grant. All of the limitations, easements, uses, obligations, covenants, conditions and restrictions stated in this Grant will inure to the benefit of and be binding upon the respective owners, ground lease tenants, and easement holders of the land and their respective heirs, legatees, devises, executors, administrators, guardians, conservators, successors, licensors, and assigns, provided that once the owner of the Property has transferred its parcel by recorded conveyance, the transferring parcel owner will have no further personal liability under this Grant for events or occurrences arising after the recording of the conveyance.
8. In the event of any dispute arising out of or relating to this Grant or the breach or performance of it, the prevailing party shall be entitled to recover reasonable attorney’s fees incurred in connection therewith.
9. This Grant shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law principles. The Parties hereby agree that any legal action or proceeding arising out of this Grant shall be brought in a state court of competent jurisdiction in San Bernardino County, California. By execution and delivery of this Grant, each of the Parties hereby irrevocably accepts and submits to the jurisdiction of such courts, generally and unconditionally, in connection with any such legal action or proceeding.
10. No modification or waiver of the terms or conditions hereof shall be binding upon the parties unless approved in writing by the Parties. The failure by any party to enforce its rights under this Grant on any occasion shall not operate as or be deemed to be a waiver of any future enforcement or exercise of such rights.
11. This Grant is intended to be the complete and exclusive statement of the agreement between the Parties with regard to Grantees’ use and occupancy of the Easement Area, and the Parties shall not be bound by any prior statements, special conditions, or agreements not expressed in this Grant.
12. This Grant may be executed in counterparts, each of which shall be an original and all of which, taken together, shall constitute one and the same instrument.
GRANTOR(S):
Tabbaa Mardini Real Estate Investments, LLC,
a California limited liability company
By: ___________________________________ Date: _____________________
Name: Lonnie Tabbaa
Title: Owner
By: ___________________________________ Date: _____________________
Name: Abdul Mardini
Title: Owner
SEE CALIFORNIA APPROVED NOTARIZATIONS ON THE NEXT PAGES
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO:
Name CITY OF COLTON
Street Address 160 S. 10TH ST.
City COLTON
State CA
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
GRANT OF TEMPORARY CONSTRUCTION EASEMENT (TCE)
THIS GRANT OF TEMPORARY CONSTRUCTION EASEMENT (this “Grant”) is made and entered into as of December 16, 2025 (the “Effective Date”), by and between Tabbaa Mardini Real Estate Investments, LLC, a California limited liability company, (“Grantors”) and San Bernardino County Transportation Authority, (“Grantee”).
RECITALS
Grantors hold a fee interest in certain real property located in the City of Colton, California (the “Property”), as more particularly described on Exhibit A and depicted on Exhibit B, attached hereto and made a part hereof by reference. Grantors have agreed to grant to Grantee a Temporary Construction Easement over the Property (the “Easement Area”), on the terms and conditions set forth in this Grant, for temporary construction, utility, street, highway, and other appurtenant purposes.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors and Grantee hereby agree as follows:
1. Grantors hereby grant and convey to Grantee, and , their successors and assigns, a Temporary Construction Easement for temporary construction, streets, highways, public utilities, and other appurtenant uses, together with the right to temporarily construct, use, maintain, alter, add to, repair, replace and/or remove, dedicate or declare the same for public use in, on, under, over and across the real property hereinafter described, situated in the City of Colton, County of San Bernardino, State of California, as described as follows:
See attached Exhibit “A” and Exhibit “B” (“Temporary Easement for Construction Purposes”), attached hereto and made a part hereof by reference.
2. The Grantee, their successors and assigns, and their respective agents and employees shall have the right to maintain and replace the utility mains, and shall have free access to said underground and above ground utility pipe(s) and every part thereof, at all times, for the purpose of exercising the right herein granted for temporary construction purposes.
3. All improvements constructed or installed by Grantee in the Easement Area are, and shall remain, the property of Grantee and may be removed by Grantee at any time. Grantors shall have no right, title, or interest therein.
4. Grantee shall not dispose of any trash, rubbish, waste, or debris in the Easement Area. Grantee shall be solely responsible and liable for all other maintenance and repairs associated with Grantee’ use of the Easement Area.