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, August 4, 2026 – 5:00 PM
City Hall, Council Chambers
Closed Session
5:00 p.m.
No Closed Session
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 Eric Strutz – The Door
Flag Salute
Veterans of Foreign Wars (VFW) Member - Bernie Moyeda
Roll Call
Ceremonial Matters
Presentations, Awards, Proclamations
• Recognition - Development Services APA Award
• Recognition - Life-Saving Actions by Ryan Avila, Recreation Coordinator • Recognition - Colton Birthday Celebration Sponsors
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
There are no Public Hearings.
Business Items
To speak on business items, it is requested that you register to speak using the Public Comment Kiosk 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 - Waive Full Reading, Read by Title Only, and Pass the First Reading of an Ordinance Amending Chapter 10.28 of the Colton Municipal Code to Establish Regulations for Bicycles, Electric Bicycles, Electric Off-Highway Motorcycles, and Similar Devices, Ordinance No. O-10-26.
Staff Person: Anthony Vega
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 regarding a Closed Session item, please register to speak using the Public Comment Kiosk 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 council members, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on July 21, 2026, on File in the Office of the City Clerk.
City Clerk: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 06/04/2026 totaling $87,394.32; voucher numbers 227248 to 227399 dated 06/25/2026 and totaling $1,275,703.17; voucher numbers 227400 to 227474 dated 06/29/2026 and totaling $96,813.59; voucher numbers 227475 to 227608 dated 07/02/2026 and totaling $818,876.65; wires dated 07/09/2026 and totaling $3,645,308.71and a payroll disbursement listing dated 05/23/2026 to 06/05/2026 and totaling $1,370,968.88.
Staff Person: Stacey Dabbs
3) Contract Award - Approve Professional Services Agreement to Willdan Engineering for Building Support Services for Fiscal Year 2026-27 in Accordance with Municipal Code Section 3.08.140(E), in the Amount of $450,000.
Staff Person: Heidi Duron
4) Grant - Cannabis Tax Fund Grant Program (CTFGP) - Approve and Adopt a Resolution Accepting the Cannabis Tax Fund Grant Program (CTFGP) for FY 26/27 in the Amount of $366,870, Resolution No. R-72-26.
Staff Person: Anthony Vega
5) Report - Approve Measure I Five Year Capital Improvement Plan (CIP) and Capital Project Needs Analysis (CPNA) for Fiscal Year (FY) 2026/2027 and Adopt Resolution No. R-69-26 & R-70-26.
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-28-26, with the latest updates being approved on April 7, 2026. Copies are available in the Office of the City Clerk.
_______________________________________________________________________________
How to Participate in Public Comment Remotely
How to Register
1. Go to https://publiccomment.coltonca.gov/ to register to participate in an upcoming City Council meeting using our new remote participation option.
2. Scroll down and click “Register,” then fill out the form.
3. Click on the item(s) that you are interested in speaking about. • If you would like to speak about something that is not related to an item already listed on the agenda select “Consent Calendar item or Non-Agenda Public Comment.”
4. Click “Register,” in order to submit your registration form; you will receive a confirmation email that will provide you with meeting information and instructions on how to call in to participate.
5. On the day of the meeting, you will need to dial the call in phone number and provide the Meeting Code in order to join the meeting.
Helpful Tips:
o Remember that you will only have 3 minutes to speak; if you go over your microphone will go mute.
o Begin by stating your Name and your City of Residence. o Keep in mind that legally the City Council cannot respond or take action on any item that is not already on the agenda.
_____________________________________________________________________________________ If you would like to speak during public comment by using our call-in option, you MUST register.
Item: 1.
Staff Report
Meeting Date: August 4, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Ordinance - Waive Full Reading, Read by Title Only, and Pass the First Reading of an Ordinance Amending Chapter 10.28 of the Colton Municipal Code to Establish Regulations for Bicycles, Electric Bicycles, Electric Off-Highway Motorcycles, and Similar Devices, Ordinance No. O-10-26.
Recommended Action:
Adopt an ordinance amending Chapter 10.28 of Title 10 of the Colton Municipal Code to establish regulations for bicycles, electric bicycles, electric off-highway motorcycles, and similar devices, and making findings under CEQA.
Background:
The use of bicycles, electric bicycles, electric off-highway motorcycles, e-motos, and similar devices has increased in cities throughout California. While these devices provide transportation and recreational benefits, their use on sidewalks, in parks, on trails, and in other public areas can create safety concerns for pedestrians, motorists, bicyclists, park users, trail users, and riders.
The proposed ordinance would amend Chapter 10.28 of Title 10 of the Colton Municipal Code to establish local regulations intended to promote public safety, reduce conflicts between users of public spaces, and provide clear enforcement authority.
The ordinance defines electric bicycles by reference to California Vehicle Code Section 312.5 and includes Class 1, Class 2, and Class 3 electric bicycles. The definitions are drafted to remain consistent with future amendments to state law. The ordinance also regulates electric off- highway motorcycles, e-motos, and similar devices that may resemble electric bicycles but do not qualify as electric bicycles under state law.
Issues/Analysis:
The proposed ordinance includes several operating regulations. It prohibits unsafe operation, requires bicycles and electric bicycles to use bicycle lanes to the extent required by state law,
prohibits bicycles and electric bicycles on sidewalks subject to limited exceptions, prohibits electric bicycles and similar motorized devices in City parks, and prohibits electric bicycles and motorized devices on the portions of the Pacific Electric Trail located within the City’s jurisdiction, except as expressly authorized. The ordinance also prohibits riding while under the influence, carrying passengers on devices not designed for passengers, and parking or leaving devices in a manner that obstructs public access.
The ordinance establishes enforcement remedies for violations. Violations may be treated as infractions or enforced through administrative citations, with administrative fines of one hundred fifty dollars ($150) for a first violation, three hundred dollars ($300) for a second violation within twelve months, and five hundred dollars ($500) for a third or subsequent violation within twelve months. Administrative fines would be governed by Colton Municipal Code Chapter
8.12. The ordinance also includes provisions for parental responsibility for violations by minors and authorizes impoundment in specified circumstances, including continuing violations, public safety concerns, unlawful operation in prohibited areas, modified devices that no longer qualify as electric bicycles, and abandoned or obstructing devices.
The proposed ordinance is intended to supplement, and not repeal or supersede, applicable provisions of Title 10 or the Uniform Traffic Ordinance of the City of Colton. It is also intended to be interpreted consistently with the California Vehicle Code and other applicable state and federal law.
Fiscal Impacts:
There is no anticipated significant fiscal impact associated with adoption of the ordinance.
Enforcement would be handled by existing City personnel. Any costs associated with implementation, including public education materials or signage, are expected to be absorbed within existing departmental budgets or brought back to the City Council for further consideration if additional appropriations are needed.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. Colton - Updated E-Bike Ordinance
2. E-Bike Ordinance Power Point - 8.4.26
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ORDINANCE NO. O-10-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COLTON, CALIFORNIA AMENDING CHAPTER 10.28
OF TITLE 10 OF THE COLTON MUNICIPAL CODE TO
ESTABLISH REGULATIONS FOR BICYCLES, ELECTRIC
BICYCLES, ELECTRIC OFF-HIGHWAY MOTORCYCLES,
AND SIMILAR DEVICES, AND MAKING FINDINGS
UNDER CEQA
WHEREAS, the City of Colton has authority under Article XI, Section 7 of the California Constitution to enact local police power regulations to protect the public health, safety, and welfare; and
WHEREAS, the City Council finds that the increased use of bicycles, electric bicycles, electric off-highway motorcycles, and similar devices within the City creates a need for clear local regulations to protect pedestrians, riders, motorists, park users, trail users, and the general public; and
WHEREAS, the City Council desires to regulate the operation of such devices on sidewalks, streets, parks, trails, and other public property in a manner consistent with state law, including the California Vehicle Code; and
WHEREAS, the City Council finds that the regulations adopted by this ordinance are necessary to promote public safety, prevent unsafe operation, and provide appropriate enforcement remedies; and
WHEREAS, the City Council finds that this ordinance is exempt from the California Environmental Quality Act pursuant to 14 Cal. Code Regs. sections 15061(b)(3) and 15060(c)(2) because it is a regulatory action that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
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 and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. Addition to Colton Municipal Code. Chapter 10.28 of Title 10 of the Colton Municipal Code is hereby amended to add Section 10.28.90 to read in its entirety as follows:
10.28.90 – BICYCLES, ELECTRIC BICYCLES, ELECTRIC OFF-HIGHWAY MOTORCYCLES, AND SIMILAR DEVICES.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 2 -
A. Purpose and Intent.
The purpose of this section is to promote the safe operation of bicycles, electric bicycles, electric off-highway motorcycles, and similar devices within the City. This section is intended to protect pedestrians, riders, motorists, bicyclists, park users, trail users, and other members of the public.
This section also regulates the use of such devices on sidewalks, in City Parks, on trails, and on other public property. The regulations in this section are further intended to provide effective enforcement tools, including administrative fines, parental responsibility, and impoundment where appropriate.
B. Definitions.
For the purposes of this section, the following terms shall have the meanings provided in this subsection:
1. “Bicycle” has the same meaning as defined in California Vehicle Code Section 231, as that section may be amended or renumbered from time to time.
2. “City” means the City of Colton.
3. “City Park” means any park, playground, open space, recreational facility, athletic field, community center grounds, trail area, landscaped area, parking area within a park, or other park or recreation property owned, leased, operated, maintained, or controlled by the City.
4. “Electric Bicycle” or “e-bike” has the same meaning as defined in California Vehicle Code Section 312.5, as that section may be amended or renumbered from time to time.
As of the adoption of this section, an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.
a. “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, is not capable of exclusively propelling the bicycle except as allowed by state law, ceases to provide assistance when the bicycle reaches twenty (20) miles per hour, and is not capable of providing assistance to reach speeds greater than twenty (20) miles per hour.
b. “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches twenty (20) miles per hour.
c. “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, is not capable of exclusively propelling the bicycle except as allowed by state law, ceases to provide assistance when the bicycle reaches twenty-eight (28) miles per hour, and is equipped with a speedometer.
d. The definitions of “electric bicycle,” “Class 1 electric bicycle,” “Class 2 electric bicycle,” and “Class 3 electric bicycle” are intended to conform to California Vehicle Code Section 312.5 and shall automatically incorporate any amendment, renumbering, reclassification, or successor statute thereto. Any vehicle that does not
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 3 -
qualify as an electric bicycle under state law shall not be deemed an electric bicycle for purposes of this section.
5. “Electric off-highway motorcycle” or “e-moto” means any electric off-highway motorcycle as defined by California Vehicle Code Section 436, as that section may be amended or renumbered from time to time. The term also includes any electric or motorized vehicle that is not an electric bicycle under California Vehicle Code Section 312.5 and that is designed, marketed, modified, or operated in a manner similar to an off-highway motorcycle, dirt bike, mini-bike, motor-driven cycle, or motorcycle. Examples include vehicles commonly known or marketed as Sur-Ron, Talaria, E Ride Pro, electric dirt bikes, electric mini-bikes, or similar devices, unless the device qualifies as an electric bicycle under California law.
6. “Enforcement Officer” means any peace officer, police officer, code enforcement officer, community services officer, parking enforcement officer, park ranger, or other City employee or agent authorized by the City Manager, Chief of Police, or this Code to enforce this section.
7. “Minor” means any person under eighteen (18) years of age.
8. “Pacific Electric Trail” means the portions of the Pacific Electric Trail located within the City’s jurisdiction or otherwise owned, operated, maintained, or controlled by the City.
The term includes any trail, path, access point, ramp, bridge, undercrossing, overcrossing, right- of-way, shoulder, adjacent trail facility, or appurtenant trail area.
9. “Sidewalk” means any area within a public right-of-way or easement, other than a roadway, that is paved, improved, designed, or ordinarily used for pedestrian travel.
10. “Unsafe manner” means the operation of a bicycle, electric bicycle, electric off- highway motorcycle, e-moto, or similar device in violation of this Code, the California Vehicle Code, or any other applicable law. The term also means operation in a manner that creates a danger or unreasonable risk of harm to the operator, a passenger, a pedestrian, a motorist, a bicyclist, property, or any other person.
C. General Operating Rules.
1. No person shall operate a bicycle, electric bicycle, electric off-highway motorcycle, e-moto, or similar device in an unsafe manner on any public street, public right-of- way, City Park, trail, bicycle path, public property, private property open to the public, or any other location where operation is not otherwise prohibited by this section.
2. Unsafe operation includes, but is not limited to, any of the following:
a. Riding against the flow of traffic.
b. Failing to yield to pedestrians or vehicles when required by law.
c. Operating at a speed greater than is reasonable or prudent under existing conditions. Relevant conditions include pedestrian activity, traffic, weather,
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 4 -
visibility, surface conditions, and the width of the roadway, sidewalk, trail, or path.
d. Carrying a passenger on a device that is not designed or equipped to carry a passenger.
e. Carrying any package, bundle, object, or item that prevents the operator from keeping at least one hand on the handlebars or maintaining safe control.
f. Racing, stunt riding, weaving through traffic, performing wheelies, performing acrobatics or tricks, or engaging in similar conduct in the presence of pedestrians, vehicles, or other riders.
g. Failing to obey traffic-control devices, signs, pavement markings, or lawful directions of an Enforcement Officer.
h. Operating while using or holding a handheld wireless telephone or electronic wireless communications device, unless the device is specifically designed and configured for voice-operated and hands-free operation and is used in that manner.
i. Operating without lights, reflectors, brakes, labels, or other equipment required by state law.
j. Operating a modified device in a manner that causes it to exceed the lawful speed, power, or classification limits applicable to electric bicycles under state law.
k. Operating in any other manner that endangers persons or property.
3. All persons operating or riding as a passenger on a bicycle or electric bicycle shall comply with all applicable provisions of the California Vehicle Code. This includes helmet requirements for minors and all requirements applicable to Class 3 electric bicycles.
D. Use of Bicycle Lanes.
1. Whenever a bicycle lane has been established on a roadway within the City, a person operating a bicycle or electric bicycle shall use the bicycle lane to the extent required by California Vehicle Code Section 21208, as that section may be amended or renumbered from time to time.
2. Nothing in this subsection prohibits a person from leaving a bicycle lane where permitted by state law, including when reasonably necessary to pass, prepare for a turn, avoid a hazard, avoid unsafe conditions, or make any other movement authorized by the California Vehicle Code.
3. A person leaving a bicycle lane shall do so only when the movement can be made with reasonable safety and, where required by law, after giving an appropriate signal.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 5 -
E. Sidewalk Prohibition.
1. No person shall ride or operate a bicycle or electric bicycle on any sidewalk within the City.
2. This prohibition shall not apply when a person is riding or operating across a sidewalk at a driveway or other authorized vehicle access point.
3. This prohibition shall not apply where the sidewalk or sidewalk area has been expressly designated by the City Council, City Engineer, or other authorized City official as a bikeway, bicycle route, shared-use path, or other area where bicycle or electric bicycle operation is permitted. Operation in such areas must comply with posted signs, pavement markings, and all applicable laws.
4. This prohibition shall not apply when operation on the sidewalk is reasonably necessary to avoid an immediate dangerous condition, obstruction, roadway hazard, or other unsafe condition. A person operating under this exception may ride only for the distance reasonably necessary to avoid the hazard and must yield the right-of-way to pedestrians.
5. This prohibition shall not apply to a person who is walking a bicycle or electric bicycle.
6. Any person lawfully crossing or temporarily operating on a sidewalk under this subsection shall yield the right-of-way to pedestrians and shall operate at a speed and in a manner that is safe and reasonable under the circumstances. Nothing in this subsection authorizes sidewalk operation except as expressly provided herein.
F. City Parks.
1. No person shall ride, operate, park, stage, or otherwise use an electric bicycle, electric off-highway motorcycle, e-moto, or similar electric or motorized device in any City Park.
2. This prohibition shall not apply to City employees, peace officers, first responders, or other governmental personnel acting within the course and scope of their official duties.
3. This prohibition shall not apply to persons using an electric personal assistive mobility device, wheelchair, or other mobility device as a reasonable accommodation for a disability, provided the device is used in a safe manner.
4. This prohibition shall not apply in any area that the City Council, City Manager, or Director of Community Services has expressly designated for operation of specified devices.
5. This prohibition shall not apply to operation within a parking lot or roadway open to motor vehicles when such operation is solely for lawful ingress or egress and is not otherwise prohibited by posted signs or applicable law.
6. Nothing in this subsection prohibits a person from walking a bicycle or electric bicycle through a City Park where otherwise allowed.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 6 -
G. Pacific Electric Trail.
1. No person shall ride or operate an electric bicycle of any class on the portions of the Pacific Electric Trail located within the City’s jurisdiction, except as expressly provided in this subsection.
2. No person shall ride or operate an electric off-highway motorcycle, e-moto, motor-driven cycle, pocket bike, mini-bike, motorcycle, motorized bicycle, or other motorized device on the Pacific Electric Trail, except as expressly authorized by state law, City permit, or other written authorization from the City.
3. The prohibitions in this subsection shall not apply to City employees, peace officers, first responders, public utility personnel, or other governmental personnel acting within the course and scope of official duties.
4. The prohibitions in this subsection shall not apply to maintenance, emergency, security, or construction vehicles or devices authorized by the City.
5. The prohibitions in this subsection shall not apply to persons using an electric personal assistive mobility device, wheelchair, or other mobility device as a reasonable accommodation for a disability, provided the device is used in a safe manner.
6. The prohibitions in this subsection shall not apply to any portion of the Pacific Electric Trail where the City Council expressly authorizes operation of a specific class of electric bicycle by resolution or ordinance and posts signs giving notice of such authorization.
7. The City Manager, Chief of Police, City Engineer, or their designee is authorized to install or cause the installation of signs, pavement markings, or other notices stating that electric bicycles and motorized devices are prohibited on the Pacific Electric Trail.
H. Electric Off-Highway Motorcycles and E-Motos.
1. No person shall operate an electric off-highway motorcycle, e-moto, electric dirt bike, motor-driven cycle, pocket bike, mini-bike, or similar electric or motorized device on any sidewalk, in any City Park, on any Pacific Electric Trail segment, on any bicycle path, on any bicycle trail, on any hiking trail, on any recreational trail, on any public right-of-way not open to such vehicle, or on any other public property within the City, except where expressly authorized by state law, City permit, or other written authorization from the City.
2. Electric off-highway motorcycles and e-motos may be operated only in areas where such operation is lawful under state law and expressly permitted by the City or the property owner.
3. A device shall not be deemed an electric bicycle merely because it has operable pedals, is marketed as an electric bicycle, or resembles an electric bicycle. A device that exceeds, or is modified to exceed, the limits applicable to electric bicycles under California Vehicle Code Section 312.5 shall not be deemed an electric bicycle for purposes of this section.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 7 -
I. Riding While Under the Influence.
1. No person shall ride or operate a bicycle, electric bicycle, electric off-highway motorcycle, e-moto, or similar electric or motorized device upon any public street, highway, bicycle lane, bicycle path, trail, City Park, public property, or private property open to the public, or any sidewalk where operation is expressly permitted under this section, while under the influence of an alcoholic beverage, drug, or the combined influence of an alcoholic beverage and any drug.
2. This subsection is intended to supplement applicable state law, including California Vehicle Code Section 21200.5 and any successor statute. It shall be interpreted to avoid conflict with state law.
J. Passengers.
No person operating a bicycle, electric bicycle, electric off-highway motorcycle, e-moto, or similar device shall transport another person unless the device is designed and equipped to carry a passenger. The passenger must be seated upon a separate seat or passenger area designed for that purpose.
K. Parking, Abandonment, and Obstruction.
1. No person shall park, leave, place, or abandon a bicycle, electric bicycle, electric off-highway motorcycle, e-moto, or similar device in a manner that obstructs pedestrian travel, vehicular travel, driveways, curb ramps, building entrances, emergency access, transit stops, fire hydrants, or access required under the Americans with Disabilities Act.
2. No person shall park, leave, place, or abandon any such device in an area where parking or placement is prohibited by posted signs, pavement markings, this Code, or other applicable law.
L. Violations and Penalties.
1. Each violation of this section constitutes a separate violation. Each act, occurrence, or day that a violation exists or continues also constitutes a separate violation.
2. Any violation of this section shall constitute an infraction unless the violation is chargeable as a misdemeanor under state law or another provision of this Code.
3. In addition to any criminal penalty or other remedy authorized by law, violations of this section may be enforced by administrative citation. The administrative fine shall be one hundred fifty dollars ($150) for a first violation, three hundred dollars ($300) for a second violation within twelve (12) months from the date of the first violation, and five hundred dollars ($500) for a third or subsequent violation within twelve (12) months from the date of the first violation.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 8 -
4. Administrative fines imposed under this section shall be governed by the administrative procedures for imposition, enforcement, collection, and review set forth in Colton Municipal Code Chapter 8.12.
5. The remedies and enforcement measures provided in this section are cumulative and not exclusive. The City may pursue any proceeding or remedy available by law, including administrative citations, civil penalties, criminal prosecution, injunctive relief, nuisance abatement, impoundment, and any other remedy available under this Code or applicable law.
M. Violations by Minors; Parental Responsibility.
1. No parent or legal guardian of a minor shall authorize, permit, direct, or knowingly allow the minor to violate any provision of this section.
2. If a minor violates this section, the parent or legal guardian having custody or control of the minor may be issued an administrative citation. The parent or legal guardian may also be held responsible for any administrative fine, impound fee, storage fee, release fee, or other cost associated with the violation, to the fullest extent permitted by law.
3. Nothing in this subsection limits the City’s ability to pursue recovery from a parent or legal guardian for property damage caused by a minor pursuant to California Civil Code Section 1714.1 or any successor statute.
N. Impoundment.
1. In addition to any other remedy or penalty authorized by law, an Enforcement Officer may impound a bicycle, electric bicycle, electric off-highway motorcycle, e-moto, or similar device when the Enforcement Officer has reasonable cause to believe that one or more of the circumstances described in this subsection exists.
2. Impoundment may occur when the device was used in violation of this section and impoundment is necessary to prevent a continuing violation or to protect public safety.
3. Impoundment may occur when the operator is an unaccompanied minor and release of the device to the minor would create an unreasonable risk of continued unlawful or unsafe operation.
4. Impoundment may occur when the device is being operated on a sidewalk, in a City Park, on the Pacific Electric Trail, or in another prohibited area in violation of this section.
5. Impoundment may occur when the device is an electric off-highway motorcycle, e-moto, motor-driven cycle, pocket bike, mini-bike, or similar device being unlawfully operated on public property or in the public right-of-way.
6. Impoundment may occur when the device has been modified, or appears to have been modified, so that it no longer qualifies as an electric bicycle under California Vehicle Code Section 312.5.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 9 -
7. Impoundment may occur when the device is evidence of a violation or is otherwise subject to seizure under applicable law.
8. Impoundment may occur when the device is left, parked, placed, or abandoned in a manner that obstructs public access, creates a hazard, or violates this Code.
9. An impounded device may be transported to and stored at a City facility, Police Department facility, City-contracted tow yard, or other location designated by the City.
10. If the operator is a minor, the device shall be released only to the minor’s parent or legal guardian, the lawful owner, or another responsible adult authorized by the parent, guardian, or owner. The person seeking release must provide proof of ownership or lawful right to possession and must pay all applicable fees, unless release is otherwise prohibited by law.
11. The City may require payment of an impound fee, towing fee, storage fee, administrative release fee, or other fee established by resolution of the City Council before releasing an impounded device, except where waiver is required by law.
12. The City shall provide notice and an opportunity for administrative review of the impoundment in the manner required by law and by applicable City procedures.
13. The City shall not be liable for damage to or loss of any device impounded pursuant to this section, except to the extent caused by the City’s gross negligence or willful misconduct.
O. Enforcement Authority.
1. The Colton Police Department, Code Enforcement, and any other Enforcement Officer designated by the City Manager or Chief of Police are authorized to enforce this section.
2. Enforcement Officers may issue administrative citations, notices of violation, warnings, impound notices, and other enforcement notices authorized by this Code.
3. The City Manager, Chief of Police, or their designee may adopt administrative policies, forms, notices, educational materials, and procedures reasonably necessary to implement and enforce this section. Any such policies must be consistent with this Code and applicable law.
P. Exceptions.
1. This section does not apply to peace officers, firefighters, emergency medical personnel, public safety personnel, City employees, public works employees, or other governmental personnel acting within the course and scope of official duties.
2. This section does not apply to the operation of emergency, maintenance, construction, inspection, or utility vehicles or devices authorized by the City.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 10 -
3. This section does not apply to persons using electric personal assistive mobility devices, wheelchairs, or other mobility devices as a reasonable accommodation for a disability, provided the device is used in a safe manner.
4. This section does not apply to conduct expressly authorized by a City-issued permit, encroachment permit, special event permit, or written authorization.
5. This section does not apply to any operation that the City is prohibited from regulating under state or federal law.
Q. No Conflict With State Law.
This section is intended to regulate the time, place, and manner of operation of bicycles, electric bicycles, electric off-highway motorcycles, e-motos, and similar devices to the fullest extent permitted by state law. This section is intended to supplement, and not repeal or supersede, any applicable provision of Title 10 or the Uniform Traffic Ordinance of the City of Colton, except to the extent expressly provided herein. This section shall be interpreted consistently with the California Vehicle Code and other applicable state and federal law. To the extent any provision of this section is determined to conflict with state law, the provision shall be construed or limited to avoid such conflict while preserving the maximum lawful effect of the provision.
SECTION 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. Section 15061(b)(3) because it has no potential to cause a significant effect on the environment. The City Council further finds that this Ordinance is exempt pursuant to 14 Cal. Code Regs. Section 15060(c)(2) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. This Ordinance is a regulatory action governing the operation of bicycles, electric bicycles, electric off-highway motorcycles, e-motos, and similar devices within the City. It does not authorize development, land use changes, construction, or activities that could impact environmental resources. It involves only administrative, regulatory, and enforcement measures within existing municipal operations.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, and portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions may be declared invalid or unconstitutional.
SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.
SECTION 6. 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. The City Clerk shall make a minute entry of the passage and adoption thereof in the records of the meeting at
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
- 11 -
which the same is passed and adopted. The City Clerk 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, which is hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this ___ day of _______________, 2026.
Frank Navarro, Mayor
ATTEST:
Isaac Suchil, City Clerk
APPROVED AS TO FORM
Best Best & Krieger LLP
City Attorney
Colton City Council
E-Bike Ordinance
Presentation
Prepared by Sgt. Michael Sandoval
1
Proposed Ordinance
No. 0-10-26
• The proposed ordinance would amend Chapter 10.28, Title 10 of the Colton Municipal Code, to establish local
regulations intended to promote public safety, reduce
conflicts between users of public spaces, and provide clear enforcement authority.
2
Code Compliance & Housing Appeals Board
(CCHAB) Recommendations
CCHAB was presented with an E-Bike regulations presentation in February 2026.
• The board agreed this is a growing concern that affects the safety of the Colton community.
• The board encouraged City Council adopt an E-Bike ordinance. • Suggested reasonable escalating fines for offenders.
• Suggested parents or guardians of juvenile offenders be held civilly responsible for violations.
3
3 Classifications of E-Bikes
Class 1
Class 2
Class 3
4
E-MOTO’s
Electric Motorcycle or eMoto’s are different & prohibited from the roadway
5
Ordinance Objective
E-Bike Topic California Vehicle Code Proposed Colton Ordinance Unsafe Operation Vehicle code sections allow enforcement for unsafe riding (i.e., riding opposite direction of
traffic, stop sign violations, improper passing)
Defines unsafe riding behaviors and expands
enforcement authority
Bicycle Lanes The vehicle code defines when/where to ride Mirrors CVC for consistency Sidewalk Riding Allowed unless locally prohibited Prohibits riding bicycles and e-bikes on sidewalks with limited exceptions
City Parks Allowed unless locally prohibited Prohibits e-bikes in City parks with exceptions for disability devices
Pacific Electric Trail Allowed unless locally prohibited Prohibits all e-bikes and motorized devices unless specifically authorized. Does not apply to devices for disabled persons 6
Key Ordinance Provisions
Fines
Outlines Violations and Penalties
• $100 for the first violation
• $200 for a 2nd violation within 12 months from the first violation • $500 for a 3rd or subsequent violation within 12 months from the first violation
7
Key Ordinance Provisions
Related to Minors
• Parents or guardians may be held responsible for fines. • The ordinance clarifies unsafe operations and provides the authority to stop unsafe behavior.
• The ordinance defines helmet requirement for all e-bike operators under 17.
• Allows the police department to impound the device.
8
Exceptions
• Bicycle and e-bike operators to utilize the sidewalk to avoid a dangerous conditions.
• Allows bicycles and/or e-bikes to be operated on sidewalk if the area is specifically designated by the City Council, City Engineer, or other authorized city official as a bikeway, bicycle route, or shared use path. • The ordinance does not apply to first responders and city staff during the scope of their duties.
9
Public Outreach and
Community Action Plan
Public Outreach & Community Action Plan
• Various methods of broad dissemination
Recommended Action:
1. Introduce, as read by title only, Ordinance No. 0-10-26, adding to Chapter 10.28 (Bicycles), to Title 10 (Vehicles and Traffic) of the Colton Municipal Code to establish electric bicycle general operating rules, prohibitions and penalties.
2. Direct staff to prepare a communication plan to inform the public and stakeholders about the ordinance’s provisions and penalties upon adoption. 10
Questions
11
Item: 1.
Staff Report
Meeting Date: August 4, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Isaac T. Suchil, City Clerk
Item Name: Minutes - Approval of Minutes for the City Council Regular Meeting Held on July 21, 2026, on File in the Office of the City Clerk.
Recommended Action:
Approval of Minutes for the City Council Regular Meeting Held on July 21, 2026, on File in the Office of the City Clerk.
Background:
BACKGROUND
Minutes for the City Council Regular Meeting Held on July 21, 2026, on File in the Office of the City Clerk.
Issues/Analysis:
N/A
Fiscal Impacts:
N/A
Alternatives:
N/A
Attachments:
1. 2026-07-21- Minutes Draft
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
Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, July 21, 2026 – 5:00 PM
City Hall, Council Chambers
Closed Session
5:00 p.m.
Closed Session Called to Order
Closed Session meeting was called to order at 5:01 P.M. in the Council Chamber of City Hall, with Mayor Frank J. Navarro presiding.
Roll Call
Council members present were Luis S. Gonzalez, John J. Echevarria, and Mayor Frank J. Navarro; Mayor Pro Tem Emeritus David J. Toro and Mayor Pro Tem Kelly J. Chastain joined Closed Session at 6:02PM and 6:10PM respectively.
Also present was City Clerk Isaac T. Suchil.
Staff present were City Manager William R. Smith, City Attorney Carlos Campos, and Chief Deputy City Clerk Stephanie M. Vargas.
_____________________________________________________________________________________
Public Comment - Closed Session
There were no public comments.
Closed Session
City Attorney Carlos Campos announced the City Council would meet in Closed Session to discuss item number 1.
1) Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager; Tom Cody, Director of HR and Risk Management
Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 – Water/Wastewater Division
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
City Attorney Oral Report on Closed Session Actions
City Attorney Campos announced that the City Council met in Closed Session and discussed Closed Session item 1; direction was given but there was no reportable action. ______________________________________________________________________________
Open Session
6:00 P.M.
Open Session Called to Order
Mayor Frank J. Navarro called Open Session to order at 6:01 P.M.
Invocation
Pastor Erfin Hartojo - City Blessing Church
Flag Salute
Veterans of Foreign Wars (VFW) - Bernie Moyeda and Tom Leon Roll Call
Council Members present were David J. Toro, Kelly J. Chastain, Luis S. Gonzalez, John J.
Echevarria, and Mayor Frank J. Navarro.
Also present was City Clerk Isaac T. Suchil; City Treasurer Henry M. Razo was absent.
Staff present were City Manager William R. Smith, City Attorney Carlos Campos, and Chief Deputy City Clerk Stephanie M. Vargas.
Ceremonial Matters
Presentations, Awards, Proclamations
• Business Focus - AM Market
Council Member González presented Business Focus Recognition to Usman Malik, business owner of AM Market.
• Recognition - Ken Hubbs Little League's 75th Anniversary Mayor Navarro presented a recognition certificate to Ken Hubbs Little League for their 75th Anniversary; the following Board Members were recognized:
• Lisa Roo- President
• Carlos Araiza- Vice President
• Evelyn Lopez-Treasurer
• Robert Lozano- Player Agent
• Rudy Alvarez- Safety Coordinator
• Linda Velasquez- Team Mom Coordinator
• Simon Carrillo- Equipment Manager
• Ivan Lopez- Umpire Coordinator
• Michael Noriega- Manager/Coach Coordinator
• Proclamation - Fiesta Village Family Fun Park
This item was removed.
• Annual Years of Service Pin Awards for City Employees City Manager William Smith presented service awards to the following City Employees:
5 Year
• Nilda Campos- 5
• Daniela Cornejo - 5
• Carrie Corrigan - 5
• Kyle Farris - 5
• Christopher Gutierrez - 5
• Cecilia Herrera - 5
• Moises Peralta - 5
• Razili Ramirez - 5
• Nolan Reidel - 5
• Zachary Robb – 5
10 Year
• Aaron Bolton - 10
• Mario Suarez - 10
20 Year
• Jonathan Boggs- 20
• Gregory Castillo - 20
• Breanna Hall - 20
• Daniel Lunt - 20
• Heidi Strutz – 20
25 Year
• Gladys Barajas - 25
• William Smith - 25
Mayor and Council Items
Gift Disclosures - None
AB 1234 Oral Reports - None
Appointments - None
Mayor and Council Discussion Items - None
Public Hearings
1) Public Hearing - Time and Place Fixed to Consider a Public Hearing to Approve and Adopt a Resolution of the City Council of Colton, California Approving the Annual Final Engineer’s Report for the Colton Landscape and Lighting Maintenance District No. I for Fiscal Year 2026/2027, & Approve and Adopt a Resolution of the City Council of the City of Colton, California, Ordering the Levy and Collection of Assessments for the Colton Landscape and Lighting Maintenance Assessment District No. I for Fiscal Year 2026/2027, Resolution No.
R-61-26 & R-62-26.
Staff Person: Chad Blais
Public Hearing Opened
The Mayor announced the Public Hearing Open.
The City Clerk submitted the notice of Public Hearing (on file in the City Clerk's Office) and there were no letters of opposition received for this item.
Staff Presentation
Associate Engineer, Moises Peralta, presented to Council an overview of the agenda item and requested approval of staff's recommendation.
Public Comment
There were no public comments.
Public Hearing Closed
A motion was made to Close the Public Hearing by CM González, with a second by MPT Chastain.
Vote: Unanimous, Motion Passes
Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Chad Blais, Public Works & Utilities Director, and Moises Peralta, Associate Engineer.
Motion/Vote
A motion was made to approve the Item by CM González, with a second by MPTE Toro.
Vote: Unanimous, Motion passes
2) Public Hearing - Time and Place Fixed to Consider a Public Hearing to Approve and Adopt a Resolution of the City Council of Colton, California Approving the Annual Final Engineer’s Report for the Colton Landscape and Lighting Maintenance Assessment District No. II for Fiscal Year 2026/2027 & Approve and Adopt a Resolution of the City Council of Colton, California, Ordering the Levy and Collection of Assessments for the Colton Landscape and Lighting Maintenance Assessment District No. II for Fiscal Year 2026/2027, Resolution No.
R-63-26 & R-64-26.
Staff Person: Chad Blais
Public Hearing Opened
The Mayor announced the Public Hearing Open.
The City Clerk submitted the notice of Public Hearing (on file in the City Clerk's Office) and there were no letters of opposition received for this item.
Staff Presentation
Associate Engineer, Moises Peralta presented to Council an overview of the agenda Item and requested approval of staff's recommendation.
Public Comment
There were no public comments.
Public Hearing Closed
A motion was made to Close the Public Hearing by MPT Chastain, with a second by MPTE Toro.
Vote: Unanimous, Motion Passes
Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Chad Blais, Public Works & Utilities Director, and Moises Peralta, Associate Engineer.
Motion/Vote
A motion was made to approve the Item by MPT Chastain, with a second by CM González.
Vote: Unanimous, Motion passes
3) Public Hearing - Time and Place to Consider a Public Hearing to Approve and Adopt a Resolution of the City Council of the City of Colton, California Approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee for Fiscal Year 2026/2027 as Provided for in Chapter 14.01 of the Colton Municipal Code, Resolution No.
R-65-26.
Staff Person: Chad Blais
Public Hearing Opened
The Mayor announced the Public Hearing Open.
The City Clerk submitted the notice of Public Hearing (on file in the City Clerk's Office) and there were no letters of opposition received for this item.
Staff Presentation
Associate Engineer, Moises Peralta presented to Council an overview of the agenda item and requested approval of staff's recommendation.
Public Comment
There were no public comments.
Public Hearing Closed
A motion was made to approve the Item by CM González, with a second by MPT Chastain.
Vote: Unanimous, Motion Passes
Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Chad Blais, Public Works & Utilities Director, and Moises Peralta, Associate Engineer.
Motion/Vote
A motion was made to Close the Public Hearing by CM Echevarria, with a second by CM González.
Vote: Unanimous, Motion passes
4) Public Hearing - Time and Place Fixed to Consider a Public Hearing to Approve and Adopt a Resolution of the City Council of the City of Colton, California to Accept the Report of Cost for the 2025/26 Weed Abatement Program and Authorize the Inclusion of These Costs to be Added to the San Bernardino County Assessors' Tax Rolls for Collection, Resolution No.
R-67-26.
Staff Person: Justin Weems
Public Hearing Opened
The Mayor announced the Public Hearing Open.
The City Clerk submitted the notice of Public Hearing (on file in the City Clerk's Office) and there were no letters of opposition received for this item.
Staff Presentation
Battalion Chief/ Fire Marshal, David Santos, presented to Council an overview of the agenda item and requested approval of staff's recommendation.
Public Comment
The following community members addressed the Council:
• Nazeeh Naffaa
• Scott Lin
Public Hearing Closed
A motion was made to Close the Public Hearing by CM González, with a second by CM Echevarria.
Vote: Unanimous, Motion Passes
Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: David Santos, Battalion Chief/ Fire Marshal, and William Smith, City Manager.
Motion/Vote
A motion was made to approve the Item by CM González, with a second by MPTE Toro.
Vote: Unanimous, Motion passes
Business Items
There are no Business Items.
_____________________________________________________________________________________
Public Comment - Limit 3 Minutes
The following community members addressed the Council:
• Steve Miller
• Pastor Murry
• Caren Contreras
• Carlos Gonzales
• Veronica Gonzales
• John Villalobos
• Angel Delgado
Consent Calendar
Mayor Navarro presented the Consent Calendar Items 1 through 12.
City Manager Oral Report
City Manager, William Smith, provided an oral report on Item number 11 which establishes updated maximum salaries for the Police Chief, Fire Chief, and Electric Utility Director positions and establishes a salary range for the recently approved Deputy City Clerk position. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on June 16, 2026, on File in the Office of the City Clerk.
City Clerk: Isaac T. Suchil
2) Warrants - Approve voucher numbers 226667 to 226741 dated 05/28/2026 and totaling $96,813.59; voucher numbers 226742 to 226851 dated 05/28/2026 and totaling $1,619,222.82; voucher numbers 226852 to 226906 dated 06/02/2026 and totaling $1,031,316.33; voucher numbers 226907 to 227067 dated 06/11/2026 and totaling $1,588,608.43; wires dated 06/16/2026 and totaling $5,001,147.95; voucher numbers 227068 to 227247 dated 06/18/2026 and totaling $1,098,841.26; a payroll disbursement listing dated 04/25/2026 to 05/08/2026 and totaling $1,371,347.60 and a payroll disbursement listing dated 05/09/2026 to 05/22/2026 and totaling $1,394,223.82.
Staff Person: Stacey Dabbs
3) Agreement - Extra Territorial Service Agreement with Jay Gees LLC at 923 W Olive St.
Staff Person: Chad Blais
4) Bond - Approve Release of the Faithful Performance and Labor & Material Bonds for DAP- 001-566 (US Auctions) at 1050 S. 6th St., APN: 0163-281-31-0000.
Staff Person: Chad Blais
5) Contract Amendment – Approve Amendment No. 1 to the Maintenance Services Agreement with BL Electrical for Repair Services to the 480 VAC System at the Agua Mansa Power Plant.
Staff Person: Tom Miller
6) Contract Award - Award Contract to Iteris, Inc. for the Engineering Design of Pepper Avenue/Valley Boulevard Smart Corridor Improvement Project in the amount of $108,440.
Staff Person: Chad Blais
7) Contract Award - Award Contract to Tait & Associates for the Engineering and Design for the O Street Water Main Replacement Project in an amount not to exceed $59,620.00.
Staff Person: Chad Blais
8) Contract Award - Award of Contract to HR Green Pacific, Inc. for the Engineering Design Services for Fairway Dr./Sperry Dr. Traffic Signal Installation Project in the amount of $50,433.
Staff Person: Chad Blais
9) Contract Award - Approve a Contract with Peregrine Technologies for Software Services - Real Time Situational Awareness Platform in the amount of $145,500.
Staff Person: Anthony Vega
10) Grant Award - Approve and Accept the Bureau of Justice Assistance Bulletproof Vest Partnership FY 2025 Grant Award in the Amount of $14,926.99 and Approve and Adopt Resolution No. R-68-26
Staff Person: Anthony Vega
11) Master Salary Table Adjustment - Approve Amendment to the Master Salary Table for the Positions of Police Chief, Fire Chief, Electric Utility Director, and Deputy City Clerk.
Staff Person: Bill Smith
12) Purchase - One Source Solutions - Approve the Purchase 750 kcmil 15 kV Medium Voltage Cable from One Source Supply Solutions not to exceed $78,500.00.
Staff Person: Tom Miller
Motion/Vote
A motion was made to Approve the Consent Calendar by CM González, with a second by MPT Chastain.
Vote: Unanimous, Motion Passed
______________________________________________________________________________________ Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community can be viewed on our City of Colton Website (www.coltonca.gov).
City Manager's Reports
City Manager William Smith praised the success of the City’s inaugural hybrid meeting and commended Chief Deputy City Clerk Stephanie M. Vargas for leading the SB 707 implementation. Smith also recognized the City Clerk's Office team for their outstanding contributions: City Clerk Isaac T. Suchil, Office Specialist II Michelle Guillen, and Administrative Assistant Maria Quijano.
Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 08:03 PM in memory of Former San Bernardino Mayor Judith Valles who recently passed away and Service Members: Private Isabella Gonzales, 1st Lieutenant Tyler James Freehan, Sergeant Angel Rampersad, and Sergeant Michael Emmanuel Swinton who were recently killed while serving their country in the Middle East; a moment of silence was observed.
_________________________
Isaac T. Suchil, City Clerk
City of Colton
Item: 2.
Staff Report
Meeting Date: August 4, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve US Bank voucher dated 06/04/2026 totaling $87,394.32; voucher numbers 227248 to 227399 dated 06/25/2026 and totaling $1,275,703.17; voucher numbers 227400 to 227474 dated 06/29/2026 and totaling $96,813.59; voucher numbers 227475 to 227608 dated 07/02/2026 and totaling $818,876.65; wires dated 07/09/2026 and totaling $3,645,308.71and a payroll disbursement listing dated 05/23/2026 to 06/05/2026 and totaling $1,370,968.88.
Recommended Action:
Approve US Bank voucher dated 06/04/2026 totaling $87,394.32; voucher numbers 227248 to 227399 dated 06/25/2026 and totaling $1,275,703.17; voucher numbers 227400 to 227474 dated 06/29/2026 and totaling $96,813.59; voucher numbers 227475 to 227608 dated 07/02/2026 and totaling $818,876.65; wires dated 07/09/2026 and totaling $3,645,308.71and a payroll disbursement listing dated 05/23/2026 to 06/05/2026 and totaling $1,370,968.88.
Background:
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
Issues/Analysis:
All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.
Fiscal Impacts:
None.
Alternatives:
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: 3.
Staff Report
Meeting Date: August 4, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Contract Award - Approve Professional Services Agreement to Willdan Engineering for Building Support Services for Fiscal Year 2026-27 in accordance with Municipal Code Section 3.08.140(E), in the amount of $450,000.
Recommended Action:
Approve Contract for Building Support Services for Fiscal Year 2026-27 in accordance with Municipal Code Section 3.08.140(E).
Background:
The Building & Safety Division serves and protects the public by ensuring building construction compliance with electrical, plumbing, mechanical, energy and security codes, state safety laws, disabled access, and City ordinances. Compliance with state and local codes is ensured by the Building Official, through oversight of the Permit Counter support services, plan review and building inspection functions.
After many years of contracting with consultants to provide all services for the Building & Safety Division, these services were brought in-house in early 2014, with the authorized hiring of a Building Official and an Inspector. Concurrent with hiring Building & Safety Division staff, the City entered into contracts for supplemental support services, plan review and building inspection functions on an as-needed basis. The current contract, with Willdan Engineering, expired on June 30, 2026. Since the position of the Building Official has not been filled, the contract includes an Interim Building Official, in addition to plan check and support inspection services, not to exceed $450,000.00 for FY2026-27.
This is the approved budgeted amount, which will be administered through the department, and these services are offset by building plan check and permit revenue.
Issues/Analysis:
The services provided under the current contract with Willdan Engineering perform a critical role in maintaining high-quality, responsive plan check, application intake and inspection services for our customers. These services are overseen by a full-time Building Official. Any interruption in these services may impact the health and safety of the City and result in excessive response times for our building customers. Building Official services are included in the current contract with Willdan Engineering on an interim basis while process improvements are being made and implemented. Recruitment for a full-time staff Building Official is anticipated to begin in the third-quarter, 2026. With the additional year and $450,000 in contract funding, as budgeted, service levels can be maintained through the end of the fiscal year (June 30, 2027).
Per Municipal Code Section 3.08.140(E), Development Services used the exception to the competitive bidding process for non-public projects. The purpose of the bidding has otherwise been accomplished through the previous RFP, and it is in the best interest of the City and its administrative process to dispense with public bidding. This will allow the City to maintain continuity of services by continuing with the current interim Building Official through Willdan Engineering.
Fiscal Impacts:
Sufficient appropriations are available in the adopted FY2026-27 General Fund Building Division budget, Professional Services Account No. 100-6300-6302-2350-0000-000.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. Attachment 1 - Contract_Willdan Engineering FY 2026-27
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND WILLDAN ENGINEERING
1. PARTIES AND DATE.
This Professional Services Agreement (“Agreement”) is made and entered into this 4 th day of August, 2026 by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Willdan Engineering, a Corporation with its principal place of business at 650 Hospitality Lane, Suite 250, San Bernardino, CA 92408 (“Consultant”),City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing; building plans review (both building and planning), permits counter support and inspection services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional plans review, permit counter support, inspection services, consulting services, and Interim Building Official services for the Building & Safety Division as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than two additional one- year terms, subject to budgetary approval by the City Council. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The
Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Patrick Johnson, Director of Building and Safety, Willdan Engineering.
3.2.5 City's Representative . The City hereby designates Ramon Hernandez, Building Official, or his designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Patrick Johnson, Director of Building and Safety, or his designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are broader, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-
powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub- consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultants to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultants has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’
Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub- consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy, which arise from work performed by the Consultant.
(D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management . Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in
connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, 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 shall not exceed four -hundred fifty thousand dollars ($450 ,000) as per approved annual budget , without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice, which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non- disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work, which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services, which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Willdan Engineering
650 Hospitality Ln., Suite 400
San Bernardino, CA 92408
ATTN: Patrick Johnson, Director of Building and Safety
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Heidi Duron, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by
Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the D ocuments & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant, which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consult ant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer; Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third- Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.20 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A -1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
3.7 Subcontracting.
3.7.1 Prior Approval Required . Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND WILLDAN
ENGINEERING.
CITY OF COLTON Willdan Engineering
a Corporation
By: By:
William R Smith Patrick Johnson
City Manager Director of Building and Safety
Attest:
Isaac T. Suchil
City Clerk
EXHIBIT "A"
SCOPE OF SERVICES
Plan Review Services
Building Plan Review Services: Upon referral by City, Consultant shall review building plans for compliance with the City’s adopted version of the California Building Code (to include its appendices and standards), California Residential Code, Green Building Standards Code, California Mechanical Code, California Electrical Code, California Plumbing Code, and the Accessibility, Noise Limitation and Energy Efficiency Standards requirements, as mandated by the California State Standards Commission, Title 24 and all applicable City Ordinances. Plan Review for Disabled Access Compliance will include a review of precise grading plans.
All plan check will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.
Plan check will include a review of any or all of the following design elements as determined by the City:
• Architectural
• Fire/Life-safety
• Plumbing
• Mechanical
• Structural
• Electrical
• Energy Conservation Regulations (Title 24)
• Disabled Access Regulations (CBC) and CASp
• Green Building Standards
• Water Efficient Landscape Ordinance
Consultant shall provide two complete typewritten plan check letters which outline the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculation pages and the code section of concern. Comments shall specify any apparent code violation. At the City’s discretion, plan check comments, plans and documents shall be returned directly to the designers until such time as plans are approved.
Consultant staff shall provide delivery service at no additional cost to City. Consultant will supply the City with plan bags and shipping labels, as well as Consultant’s FedEx and OnTrac account numbers.
Plan review status shall be accessible on Consultant website 24 hours a day.
Electronic plan review services shall be provided by Consultant at no additional cost to City or applicants.
Plan reviewers shall schedule meetings during work hours to discuss and clarify plan check issues with designers, owners and contractors. Resolutions of code issues may also be accomplished by telephone and/or email as well as scheduled meetings prior to resubmitting corrected plans and documents. Inquiries shall be responded to within one day.
Inspection Services:
Inspection Services: Consultant shall provide building inspection services upon request by the City. Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that arise. Inspectors shall attend and participate in any required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.
Inspectors will review the permit package to verify that on -site condition is consistent with the appropriate records for square footage, setbacks, height, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.
Consultant shall verify that all inspection records, including daily records of what was inspected, be recorded on the job card, and permit copy be entered into the City’s building permit tracking system (HdL). Consultant shall employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers and architects as to enhance the orderly flow of the construction process, yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.
Consultant shall provide CASp certified inspectors to the City upon request.
Counter Support Services:
Permits Counter Support Services: Upon request, with 24 hours advance notice, Consultant shall provide an on-call Permits Technician to provide services to the Development Services Permits Counter.
Planning Review of Building Plans Services:
Planning Review of Building Plans: Upon request, Consultant shall provide planning review of building plans. Planning review services shall include review of building plans for compliance with Zoning Code development standards, conditions of approval on previously approved discretionary permits, subdivision map conditions of approval, Development Agreement provisions, and mitigation measures from adopted environmental documents
Interim Building Official Services:
Interim Building Official Services: Consultant shall provide Interim Building Official services upon request by the City.
EXHIBIT “B”
SCHEDULE OF SERVICES
Plan Review Services
TYPE OF PROJECT INITIAL REVIEW SUBSEQUENT REVIEWS
Minor Plan Check 3 working days 1 – 2 working days
Single Family Residence 5 working days 2 – 3 working days Commercial projects less than
$1 million valuation
10 working days
5 – 8 working days
Commercial projects more
than $1 million valuation
10 working days
5 – 8 working days
SOLAR PLAN REVIEW
The turn-around schedule for these plans will average one to two business days. If requested by City, Consultant will electronically stamp the plans “approved” as well.
Inspection Services
Consultant shall provide inspection services upon a minimum 24 -hour notice by City. City will make every effort to provide as much advance notice as feasible, upon being made aware of staff vacation schedules, etc. In unforeseen circumstances (e.g., City Inspector calls in sick), Consultant will make every effort to provide same-day inspection services.
Planning Review of Building Plans Services
Services provided upon request with 72 hours advance notice. Plan review schedule shall be consistent with the above Plan Review Services schedule.”
Exhibit C
COMPENSATION
Expedited plan review will be billed at 1.35x of our rate. Over-time inspections will be billed at 1.5x of our rate.
SERVICE PROVIDED RATE SCHEDULE
Plan Review for projects with a valuation
of $0 - $999,000
70% of fee collected by the City
Plan Review for projects with a valuation
of $1,000,000 - $4,999,999
65% of fee collected by the City
Plan Review for projects with a valuation
of $5,000,000 - $9,999,999
60% of fee collected by the City
Plan Review for projects with a valuation
greater than $10,000,000
55% of fee collected by the City
Building Official $160/hr
ICC Certified Plans Examiner $130/hr
Plan Check Engineer/Architect $140/hr
CASp Plan Review/Inspection $130/hr
Building Inspector $100/hr
Permit Technician $ 70/hr
Rates will not increase through June 30, 2027. If the Agreement is extended beyond June 30, 2026, Willdan may reserve the right to increase rates once per year to the value between the 12-month % change of the Consumer Price Index for San Bernardino County area and five percent.
Item: 4.
Staff Report
Meeting Date: August 4, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Grant - Cannabis Tax Fund Grant Program (CTFGP) - Approve and Adopt a Resolution Accepting the Cannabis Tax Fund Grant Program (CTFGP) for FY 26/27 in the amount of $366,870, Resolution No. R-72-26.
Recommended Action:
1. Approve and adopt Resolution NO. R-72-26 authorizing the acceptance of the 2026/2026 Cannabis Tax Fund Grant Program (CTFGP) award; and,
2. Authorize the City Manager or designee to execute any related documents, including non-substantive changes as approved by City Attorney.
Background:
The California Highway Patrol (CHP) administers the Cannabis Tax Fund Grant Program (CTFGP), which provides funding to local law enforcement agencies to support education, prevention, and enforcement efforts related to impaired driving involving alcohol, cannabis, and other drugs. The purpose of the program is to reduce impaired driving through high-visibility enforcement, public education, specialized equipment, and officer training.
The Colton Police Department applied for grant funding to expand its impaired driving enforcement efforts through additional DUI checkpoints, DUI saturation patrols, public education, and the purchase of specialized equipment necessary to enhance traffic safety operations. The Department has been notified that it has been awarded $366,870 for Fiscal Year 2026-2027. The grant performance period is July 1, 2026, through June 30, 2027.
Issues/Analysis:
Impaired driving continues to present a significant public safety concern within the City of Colton. Grant funding will allow the Police Department to conduct proactive enforcement operations that would otherwise be limited due to staffing and budget constraints.
Grant-funded activities include:
a. Six (6) DUI Checkpoints
b. Twenty-four (24) DUI Saturation Patrols
c. Public education and awareness campaigns
d. Purchase of a dedicated DUI enforcement vehicle
e. Purchase of two TruNarc handheld analyzers and associated solution kits f. Purchase of checkpoint safety equipment, including portable lighting, generators, delineators, stop signs, and reflective safety vests.
These enforcement operations are intended to reduce impaired driving collisions, injuries, and fatalities while increasing public awareness regarding the dangers of driving under the influence of alcohol, cannabis, and other drugs.
Fiscal Impacts:
Approval of Resolution NO. R-72-26 will:
1. Amend FY 2026/27 budget to increase revenues in PD Grants - Cannabis Tax Fund Grant (CTFGP) Account # 225-5890-014 by $366,870.00
2. Amend FY 2026/27 budget to increase appropriations in the PD Grants - Cannabis Tax Fd Grant (CTFGP) Expenditure Account in the following:
a. Expenditure Account # 225-6070-7060-1050-0000-000 in the amount of $153,120.00 for overtime.
b. Expenditure Account # 225-6070-7060-1180-0000-000 in the amount of $193,800.00 for safety equipment.
c. Expenditure Account # 225-6070-7060-2301-0000-000 in the amount of $19,950.00 for materials and supplies.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. CTFGP Resolution R-72-26
2. FY26-27 CTFGP Grant Agreement - Colton PD
3. fi$cal_taxpayor_id_form 7.1.26
4. FY26-27 CTFGP Intent to Award - Colton PD
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-72-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
TO ACCEPT A GRANT IN THE AMMOUNT OF $366,870.00 FROM
THE CANNIBIS TAX FUND GRANT PROGRAM (CTFGP) GRANT
AWARD AND AMEND THE 2026/2027 FISCAL BUDGET.
WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2026 and ending June 30, 2027 was approved and adopted; and
WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and
WHEREAS, On June 30, 2026 the California Highway Patrol awarded the Cannabis Tax Fund Grant Program (CTFGP) funding to the Colton Police Department in the amount of $366,870.00.
NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Colton, California, as follows:
Section 1. Approval of Resolution R-72-26 will:
1. Amend FY 2026/27 Budget to increase revenues in PD Grants – Cannabis Tax Fd Grant (CTFGP) Account #225-5890-014 by
$366,870.00.
2. Amend the FY 2026/27 Budget to increase appropriations in the PD Grants – Cannabis Tax Fd Grant (CTFGP) Account in the following:
a. Expenditure Account # 225-6070-7060-1050-0000-000 in the amount of $153,120.00 for overtime.
b. Expenditure Account # 225-6070-7060-1180-0000-000 in the amount of $193,800.00 for safety equipment.
c. Expenditure Account # 225-6070-7060-2301-0000-000 in the amount of $19,950.00 for materials and supplies.
Section 2. The resolution is hereby approved, adopted and incorporated herein.
PASSED, APPROVED AND ADOPTED THIS 4th DAY OF AUGUST 2026.
FRANK NAVARRO
Mayor
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ATTEST:
______________________________
ISAAC SUCHIL
City Clerk
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
30939
________________________________________________________________
1. GRANT TITLE
FY26/27 CTFGP Law Enforcement – Colton Police Department
2. NAME OF ORGANIZATION/AGENCY
Colton Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Colton Police Department
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2026 To: 06/30/2027
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $366,870.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00- 1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Bill Smith
Title: City Manager
Phone: (909) 370-5051
Address: 650 North La Cadena Drive
Colton, CA 92324
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Elliotte Johnson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address
: 601 North 7th Street
Sacramento, CA 95811
E-Mail:
[email protected]
________
___________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANC IAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Stacey Dabbs
Title: Finance Director
Phone: (909) 370-5051
Address: 650 North La Cadena Drive
Colton, CA 92324
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e- mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to s uch records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax - exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
Colton Police Department
The Grantor determined awards and adjustments based on the Project’s merit, operational scale, compliance with the Request for Application (RFA), and program regulations. Certain activities or budget items proposed in Schedule A may have been deemed ineligible for funding. The final, binding list of authorized activities and expenses is set forth in Schedule B - Detailed Budget Estimate.
Project Description
The Colton Police Department has consistently found that DUI saturation enforcement and DUI checkpoints are highly effective strategies for reducing impaired‑driving incidents. Continued supplemental enforcement, along with well‑publicized checkpoints, will enhance the Department’s ability to identify impaired drivers, address hazardous violations, and ultimately reduce injuries and fatalities resulting from traffic collisions.
Saturation patrols targeting impaired and distracted drivers will be supported by deploying additional officers who can focus exclusively on traffic‑related violations without diminishing regular patrol staffing. These dedicated officers will focus on specific vehicle code violations throughout the city, increasing DUI arrests and citations while preserving the operational capacity of standard patrol shifts.
DUI saturation patrols will be conducted periodically throughout the year, accompanied by robust public outreach. The Department will actively promote its enforcement and education efforts through press releases, social media, and other communication platforms to maximize community awareness and deterrence.
The Colton Police Department remains firmly committed to community engagement, public education, and proactive enforcement as essential components of traffic‑safety efforts. Additional grant funding would further enable deployment of multiple officers dedicated to proactive DUI enforcement, strengthening the Department’s desire to reduce impaired driving. Although current staffing levels remain below authorized strength, the Department has sufficient personnel to successfully carry out the proposed activiti es.
Problem Statement
The City of Colton, located in San Bernardino County, spans 16.03 square miles and has a population of 53,357 (2023 Census Survey). The Colton Police Department (CPD) is currently staffed with fifty ‑eight (58) sworn officers, despite being budgeted for sixty‑three (63). Like many agencies statewide, CPD faces significant recruitment challenges as neighboring jurisdictions are also experiencing staffing shortages and competing for the same limited pool of qualified applicants. These staffing constraints have resulted in reduced proactive enforcement capacity, particularly in the area of impaired‑ driving and traffic safety operations.
Colton has a high density of alcohol‑serving establishments, contributing to increased impaired‑driving risks.
The California Department of Alcoholic Beverage Control reports forty ‑nine (49) active on‑site alcohol consumption licenses and forty‑seven (47) off‑site alcohol sales licenses within the city. Many on‑site establishments reach near capacity from Thursday through Sunday, generating substantial pedestrian and vehicular traffic. Statistical data indicates that a significant portion of patrons leave these establishments impaired. Due to staffing shortages, CPD is unable to adequately address the increased traffic volume and impaired‑driving risks during these peak periods.
Impaired driving remains a persistent and serious threat to public safety in Colton. Between 2022 and 2025, the city recorded the following DUI‑related enforcement and crash data:
• 2022: 113 DUI arrests; 20 impaired‑driving crash victims • 2023: 70 DUI arrests; 17 impaired‑driving crash victims • 2024: 99 DUI arrests; 7 impaired‑driving crash victims • 2025: 88 DUI arrests; 16 impaired‑driving crash victims
Since 2023, Colton has experienced four alcohol‑related traffic fatalities, and since 2022, impaired drivers have caused 57 injuries. Impaired‑driving crashes frequently involve alcohol, narcotics, and nitrous oxide.
Analysis of these collisions shows that unsafe speed is the leading contributing factor, compounding the danger posed by impaired drivers.
Schedule A
Overall traffic crash data further illustrates the severity of the problem. Between 2022 and 2025, Colton experienced:
• 31 fatal traffic crashes
• 1,193 injury traffic crashes
• Approximately 1,601 injured victims
These totals include fatal collisions, injury collisions, hit ‑and‑run injury crashes, and crashes involving impaired drivers. They do not include property‑damage‑only collisions or incidents resolved through information exchange, meaning the true volume of traffic collisions is significantly higher.
Injury traffic crashes by year demonstrate consistently high collision rates:
• 2022: 276
• 2023: 283
• 2024: 239
• 2025: 265
Although this reflects a modest 3% decrease over four years, the overall number of injury crashes remains elevated. Between 2022 and 2025, impaired driving alone resulted in 41 injury crashes, underscoring the ongoing threat to roadway safety.
The CPD Traffic Division consists of only one motor officer, one traffic officer, and one traffic sergeant. This limited staffing is insufficient to meet the enforcement needs of a city with high alcohol outlet density, increasing traffic volume, and persistent impaired‑driving incidents. Patrol officers conduct DUI and speed enforcement when possible; however, current enforcement levels are not adequate to meaningfully reduce impaired‑driving crashes or improve roadway safety.
The combination of high alcohol availability, limited enforcement resources, and sustained impaired‑ driving collisions demonstrates a clear and urgent need for grant funding. Additional resources are essential to support DUI saturation patrols, selective traffic enforcement operations, and targeted speed enforcement.
Without supplemental funding, the City of Colton will continue to face significant challenges in reducing impaired‑driving crashes, injuries, and fatalities.
Performance Measures/Scope of Work (Proposed Solution)
6 DUI Checkpoints
• Q1: 2
• Q2: 2
• Q3: 1
• Q4: 1
Goal:
• Reduce DUI‑related arrests and DUI‑related traffic collisions by 10% through high‑visibility enforcement and deterrence.
24 DUI Saturation Patrols
• Q1: 6
• Q2: 6
• Q3: 6
• Q4: 6
Schedule A
Goal:
• Reduce DUI‑related arrests and DUI‑related traffic collisions by 10% through proactive enforcement in high‑risk areas and peak DUI activity times.
Resources:
1 DUI Vehicle: Q1: Purchase Q2: Receive Q3–Q4: Use for all checkpoints and saturation patrols
• Used to transport and store checkpoint equipment, ensuring rapid deployment and reducing strain on the patrol fleet.
200 Delineator Posts & Bases: Q1: Purchase Q2: Receive Q3–Q4: Use for all checkpoints
• Required to create safe traffic chutes and maintain orderly vehicle flow through the checkpoint.
2 Portable Stop Signs: Q1: Purchase Q2: Receive Q3–Q4: Use for all checkpoints
• Provide clear visual indicators for motorists to stop at designated screening points, enhancing safety and compliance.
2 Balloon Lights: Q1: Purchase Q2: Receive Q3–Q4: Use for all checkpoints
• Provide essential illumination during nighttime operations, improving officer visibility and driver awareness, especially in poorly lit areas.
3 Portable Generators: Q1: Purchase Q2: Receive Q3–Q4: Use for all checkpoints
• Power balloon lights and required checkpoint signage, ensuring uninterrupted operation.
30 Reflective Vests: Q1: Purchase Q2: Receive Q3–Q4: Use for all checkpoints
• Maintain high visibility for all checkpoint personnel working in roadway environments; required safety equipment.
2 TruNarc handheld Analyzers: Q1: Purchase Q2: Receive Q3–Q4: Use for all checkpoints and saturation patrols.
• Enhance our agency’s ability to accurately identify cannabis and other controlled substances.
Improve the accuracy of impairment assessments and strengthening the quality of DUI related prosecutions.
2 TruNarc Delta Solution Kits: Q1: Purchase Q2: Receive Q3–Q4: Use for all checkpoints and saturation patrols.
• Effective for identifying heroin, heroin/fentanyl mixtures, low-concentration fentanyl, K2/Spice, and certain low-dose pills.
Project Performance Evaluation
Method of Evaluation
The effectiveness of this Project will be measured through a combination of quantitative data analysis, qualitative assessment, and structured communication with internal and external stakeholders. The evaluation framework is designed to demonstrate measurable reductions in DUI ‑related incidents and to document the positive impact of high‑visibility enforcement on community safety.
Schedule A
Quantitative Evaluation Measures
DUI Arrest Data
• Track the total number of DUI arrests made by all officers throughout the year, including arrests from:
• DUI checkpoints
• DUI saturation patrols
• Routine patrol operations
• Other enforcement actions
• Compare annual totals to the previous calendar year to determine whether the Project achieved the targeted 10% reduction in DUI‑related arrests.
DUI‑Related Traffic Collision Data
• Obtain the total number of DUI‑related traffic collisions occurring within the jurisdiction during the Project year.
• Compare these figures to the prior year’s collision data to evaluate progress toward the goal of a 10% reduction in DUI‑related collisions.
Activity‑Based Metrics
For each enforcement activity, the following will be documented and analyzed:
• Number of DUI checkpoints conducted (6 annually)
• Number of DUI saturation patrols conducted (24 annually) • Number of vehicles screened at checkpoints
• Number of field sobriety tests administered
• Number of citations issued (DUI‑related and non‑DUI)
• Number of arrests resulting from each operation
These metrics will help determine operational efficiency, resource utilization, and enforcement impact.
Qualitative Evaluation Measures
Officer Observations and Operational Feedback
• Collect feedback from officers participating in checkpoints and saturation patrols regarding:
• Equipment effectiveness (delineators, stop signs, balloon lights, generators, reflective vests) • Deployment efficiency using the dedicated DUI vehicle • Traffic flow, safety conditions, and community interactions
• Use this information to assess whether the equipment purchased enhanced operational safety and improved checkpoint functionality.
Community Feedback
• Monitor community sentiment through:
• Public comments received during checkpoints
• Social media engagement on DUI enforcement messaging
• Feedback from community meetings or neighborhood watch groups
• Qualitative insights will help evaluate public awareness, deterrence effects, and community support for DUI enforcement efforts.
Schedule A
Communication Plan
Internal Stakeholders
• Monthly internal briefings to command staff summarizing checkpoint and saturation patrol activity, arrest data, and operational observations.
• Quarterly performance summaries comparing progress toward the 10% reduction goal. • End‑of‑year evaluation report detailing outcomes, trends, and recommendations for future enforcement strategies.
External Stakeholders
• Quarterly updates to CHP grant administrators outlining completed activities, preliminary data, and notable outcomes.
• Public information releases following major checkpoints or saturation patrol operations, highlighting enforcement efforts and reinforcing DUI deterrence messaging.
Public Awareness and Transparency
• Use department social media platforms to:
• Share checkpoint announcements
• Promote DUI education and prevention messaging
• Report enforcement results and community safety improvements
• This approach increases transparency, strengthens deterrence, and reinforces the Project’s positive impact on public safety.
Overall Project Evaluation
By combining quantitative data (arrests, collisions, enforcement activity metrics) with qualitative feedback (officer observations, community response), the department will be able to clearly demonstrate whether the Project achieved its primary objective: a 10% reduction in DUI ‑related arrests and DUI‑related traffic collisions. The communication plan ensures that results are shared consistently, transparently, and effectively with all stakeholders, reinforcing the Project’s value to the community
Program Sustainability
As the Colton Police Department continues to successfully recruit and retain highly qualified police officers, the Department anticipates growth in both its patrol and traffic divisions. This expansion will enhance the Department’s capacity to conduct proactive enforcement efforts targeting DUI ‑related offenses, including impaired‑driving collisions.
An increase in dedicated traffic personnel will allow for a more focused and sustained strategy to reduce the number of impaired drivers on the roadway. Additional patrol officers will also provide greater operational flexibility, enabling more frequent and effective traffic enforcement activities aimed at identifying and deterring DUI drivers. Together, these efforts are expected to significantly reduce the likelihood of DUI ‑related crashes within the community.
In the event grant funding is unavailable or reduced, the projected increase in patrol and traffic staffing will help mitigate the impact by maintaining a consistent enforcement presence. This added capacity will help offset reductions in saturation patrols or DUI checkpoints that would otherwise rely solely on grant resources.
Schedule A
Administrative Support
The Colton Police Department actively seeks federal funding through competitive grant programs and has previously received awards from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, administered by the U.S. Department of Justice’s Bureau of Justice Assistance (BJA), as well as the Homeland Security Grant Program and the California Office of Traffic Safety.
The Department currently employs several personnel who have received extensive training in property and grant management. These individuals are responsible for overseeing all grants awarded to the Department and ensuring compliance with federal and state requirements.
The Colton Police Department has consistently met all grant management standards established by its funding agencies and has been found to be in full compliance during reviews and audits.
Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
30939 Colton Police Department $366,870.00
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
DUI Checkpoint Materials & Supplies $19,950.00
Category Sub-Total $19,950.00
Personnel
DUI Saturation Patrol $41,760.00
DUI Checkpoint $111,360.00
Category Sub-Total $153,120.00
Equipment
DUI Patrol Vehicle $100,000.00
TruNarc $93,800.00
Category Sub-Total $193,800.00
Grant Total $366,870.00
Schedule B-1
Budget Narrative
Colton Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Other Direct Costs
DUI Checkpoint Materials & Supplies
$19,950.00
2 Balloon lights $2,550 each = $5,100
200 Delineator Post with Base $22 each = $4,400
2 Portable generator lights $2,750 each = $4,500
3 Portable generators $1,667 each = $5,000
2 Portable stop signs $175 each = $350
30 Reflective vests $20 each = $600. Total cost = $19,950.00
Personnel
DUI Checkpoint
$111,360.00
6 DUI checkpoints. 768 total hours x $145 an hour = $111,360 Total cost. 8hours pe r classification per checkpoint.
Sergeant OT rate with benefits $140-$145 per hour, Corporal OT rate with benefits $125-$130 per hour, Officer OT rate with benefits $110-$115 per hour, Dispatcher OT rate with benefits $95-$100 per hour, Community Service Officer OT rate with benefits $60-$65 per hour.
DUI Saturation Patrol
$41,760.00
24 DUI Saturation Patrols. 288 Total hours x $145 = Total cost $41,760. 6 hours per classification per checkpoint.
Sergeant OT rate with benefits $140-$145 per hour, Corporal OT rate with benefits $125-$130 per hour, Officer OT rate with benefits $115 - $110 per hour.
Equipment
DUI Patrol Vehicle
$100,000.00
DUI Enforcement Patrol Vehicle 1@ $75,000 + Outfitting $25,000 = $100,000 for Checkpoint and DUI Saturation Patrols.
TruNarc
$93,800.00
2 TruNarc handheld Analyzer $45,900 each, total cost $91,800, H-Kits Type H2 2 Solution Kit for TruNarc Heroin and Fentanyl $882 each, $1,800 total, for DUI checkpoints and DUI saturation patrols.
NOTE: CGU WILL ONLY COVER 1 YEAR WARRANTY- AGENCY IS RESPONSIBLE FOR REMAINING
WARRANTY COSTS
State of California
Financial Information System for California (FI$Cal)
GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
The principal purpose of the information provided is to establish the unique identification of the government entity.
Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields marked with an asterisk (*) are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above.
Principal
Government
Agency Name*
Remit-To
Address (Street
or PO Box)*
City* State * Zip Code*+4
Government Type: City County
Special District Federal
Other (Specify)
Federal
Employer
Identification
Number
(FEIN)*
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.
Dept/Division/Unit Complete
Name Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Dept/Division/Unit
Name
Complete
Address
Title
E-mail address
Contact Person*
Phone number*
Signature* Date
State of California-Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency
601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 30, 2026
File No.: 060.17344.19741
Sergeant Wade Harris
Colton Police Department
650 North La Cadena Drive
Colton, CA 92324
Dear Sergeant Harris:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the Colton Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $366,870.00. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
For/
M. W. HEADRICK, Chief
Enforcement and Planning Division
Item: 5.
Staff Report
Meeting Date: August 4, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Report - Approve Measure I Five Year Capital Improvement Plan (CIP) and Capital Project Needs Analysis (CPNA) for Fiscal Year (FY) 2026/2027 and Adopt Resolution No. R-69-26 & R-70-26.
Recommended Action:
1. Approve Resolution No. R-69-26 (Exhibit D) reaffirming and adopting Fiscal Year 2026/2027 Measure I Five-Year Capital Improvement Plan (Exhibit A) and Expenditure Strategy Plan (Exhibit B).
2. Approve Resolution No. R-70-26 (Exhibit E) approving submittal of the Fiscal Year 2027/2028 to FY 2031/32 Five-Year Capital Projects Needs Analysis (CPNA – Exhibit C) to the San Bernardino County Transportation Authority (SBCTA), as required by the Measure I Strategic Plan.
Background:
In 1989, the San Bernardino County voters approved the passage of Measure I, authorizing San Bernardino County Transportation Authority (SBCTA), to impose a one-half of one-percent sales tax through 2010. This tax revenue is designated for transportation and traffic management programs. In 2004, voters approved an extension of this sales tax through 2040.
Measure I requires that each local jurisdiction receiving program revenues annually adopt a Five- Year Capital Improvement Plan and an Expenditure Strategy Plan. The Five-Year Capital Improvement and Expenditure Strategy Plan outlines how the local agency plans to expend its funds. As part of the County-Wide Measure I Sales Initiative Program, the measure requires an annual adoption and update of the respective plans.
Issues/Analysis:
Measure I Five-Year Capital Improvement Plan and Expenditure Strategy Plan Measure I Policy Valley Local Streets (VLS) – 11 requires that the Five Year Capital Improvement Plan shall be the basis for the annual audit. Jurisdictions will have flexibility in moving projects around in their Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for the project to be qualified for expenditure of Local Streets funds, the project must be included in the Five Year Capital Improvement and Expenditure Strategy Plan.
Measure I Local Pass-Through funds estimated revenue for fiscal year 2026/2027 when the budget was created is $1,414,156.00 and the total anticipated revenue from Fiscal Year 2026/2027 to Fiscal Year 2030/2031 is $7,353,914 (see Exhibit F). Attached as Exhibit A is the Five-Year Measure I Capital Improvement Plan and Exhibit B is the Measure I Expenditure Strategy Plan for Fiscal Year 2026/2027 to FY 2030/2031.
The projects that will be funded by Measure I for Fiscal Year 2026/2027 are as follows with corresponding cost:
Projects Amount
1 Cooley Dr./Cooley Ln. Intersection (Widen concrete cross-gutter) $ 60,000.00 2 Pavement Rehabilitation: Admiralty St. (Topsail Ave. to Hurricane Ave.) $ 53,963.00 3 Pavement Rehabilitation: Westwind St. (Topsail Ave. to Driftwood Ave.) $ 56,814.00 4 Pavement Rehabilitation: Driftwood Ave. (Admiralty St. to Westwind St.) $ 23,403.00 5 Pavement Rehabilitation: Hurricane Ave. (Admiralty St. to North end) $ 15,302.00 6 Pavement Rehabilitation: Quartermaster St. (Voyager Ave. to East end) $ 20,311.00 7 Pavement Rehabilitation: Voyager Ave. (Admiralty St. to Westwind St.) $ 23,695.00 8 Pavement Rehabilitation: Topsail Ave. (Admiralty St. to Westwind St.) $ 23,797.00
Inclusion of streets with pavement rehabilitation scope of work was based on the Pavement Management Plan. Below is the corresponding Pavement Condition Index (PCI) for these streets:
9 Pavement Rehabilitation: Sugar Pine Ln. (Forrest Dr. to Torrey Pines Dr.) $ 86,896.00 10 Pavement Rehabilitation: Cottonwood Dr. (Forrest Dr. to Torrey Pines Dr.) $ 73,388.00 11 Pavement Rehabilitation: Torrey Pines Dr. (Cottonwood Dr. to Pepper Tree Dr.) $ 55,424.00 12 Pavement Rehabilitation: Aspen Ln. (Oak Glen Dr. to Torrey Pines Dr.) $ 16,980.00 13 Pavement Rehabilitation: Forrest Dr. (Sugar Pine Ln. to Cherrywood Ln.) $ 36,110.00 14 Pavement Rehabilitation: Hermosa St./‘C’ St. (Valley Blvd. to ‘C’ St.) $ 81,632.00 15 Pavement Rehabilitation: Lemon St. (Bordwell Ave. to Rialto Ave.) $ 89,157.00 16 Pavement Rehabilitation: Rialto Ave. (Olive St. to Laurel St.) $ 81,531.00 17 Pavement Rehabilitation: Redlands Ave. (Olive St. to Laurel St.) $ 83,776.00 18 Pavement Rehabilitation: Highland Ave. (Olive St. to Laurel St.) $ 81,723.00 19 Pavement Rehabilitation: Bordwell Ave. (Olive St. to Laurel St.) $ 90,766.00 20 North Mt. Vernon Ave. Median Landscape Project $ 120,000.00 21 FY 26/27 Citywide Slurry Seal Project $ 150,000.00 22 City Wide Street and Traffic Improvement (Traffic Signs & Striping) $ 89,488.00 Total = $1,414,156.00
Streets PCI
1 Admiralty St. (Topsail Ave. to Hurricane Ave.) 50, 60, 69 2 Westwind St. (Topsail Ave. to Driftwood Ave.) 64, 71
3 Driftwood Ave. (Admiralty St. to Westwind St.) 70
4 Hurricane Ave. (Admiralty St. to North end) 73
5 Quartermaster St. (Voyager Ave. to East end) 67
6 Voyager Ave. (Admiralty St. to Westwind St.) 70, 72
7 Topsail Ave. (Admiralty St. to Westwind St.) 69, 70
8 Sugar Pine Ln. (Forrest Dr. to Torrey Pines Dr.) 59, 60, 67, 72 9 Cottonwood Dr. (Forrest Dr. to Torrey Pines Dr.) 63, 72 10 Torrey Pines Dr. (Cottonwood Dr. to Pepper Tree Dr.) 63, 70, 77 11 Aspen Ln. (Oak Glen Dr. to Torrey Pines Dr.) 43
12 Forrest Dr. (Sugar Pine Ln. to Cherrywood Ln.) 44, 51, 62, 66 13 Hermosa St./‘C’ St. (Valley Blvd. to ‘C’ St.) 34
14 Lemon St. (Bordwell Ave. to Rialto Ave.) 58, 61, 62, 63 15 Rialto Ave. (Olive St. to Laurel St.) 56, 61
16 Redlands Ave. (Olive St. to Laurel St.) 64, 71
17 Highland Ave. (Olive St. to Laurel St.) 64, 69
18 Bordwell Ave. (Olive St. to Laurel St.) 62, 66
Pavement Condition Index (PCI) is a numerical index between 0 and 100 being used to indicate the general condition and distress of a pavement. PCI is rated 0-100, 100 being best and 0 as worst condition. The descriptive range of the PCI rating are: 0-25 (Very Poor), 26-40 (Poor), 41- 50 (marginal), 51-60 (Fair), 61-70 (Good), 71-85 (Very Good) and 86-100 (Excellent).
Pavement distress includes but is not limited to cracking, bumps, sags, potholes, joint reflections and exposed aggregates. The average PCI of the City’s road network (total of 141.5 miles) in 2017 is 64. The national average PCI rating is 60 to 65.
Staff recommends approval of the attached Resolution No. R-69-26, affirming the Measure I Capital Improvement Plan and Expenditure Strategy Plan for Fiscal Year 2026/2027 to Fiscal Year 2030/2031.
Measure I Five-Year Capital Project Needs Analysis
On April 1, 2009, SBCTA Board of Directors approved the Strategic Plan, which is the reference manual and policy document for the administration of Measure I 2010-2040 programs by SBCTA and its member agencies. The Strategic Plan requires all local jurisdictions applying for revenue from the Measure I-Valley Street and Freeway Interchange Programs to annually adopt and update a Five-Year Capital Project Needs Analysis. Staff requests authorization (Resolution No. R-70-26 – Exhibit E) to submit the updated Capital Project Needs Analysis for FY 2027/2028 to FY 2031/2032, attached as Exhibit C.
Local jurisdictions apply for funds from the Valley Street and Freeway Interchange Programs to finance improvements along City arterial roadways and interchanges. The projects identified for allocations are arterial improvements including the La Cadena Drive over Santa Ana River Bridge Replacement Project, the Mount Vernon Avenue over UPRR Bridge Widening Project, and Reche Canyon Road Re-alignment to Hunts Lane Project. These projects are all identified in our current Capital Improvement Program.
The prior and current year Measure I Arterial Funding, with the required Development Impact Fee (DIF) match, is being used as a match for the federally funded projects such as the La Cadena Drive over Santa Ana River Bridge Replacement Project, the Mount Vernon Avenue over UPRR Bridge Widening Project, and the Reche Canyon Road Re-alignment to Hunts Lane Project. The Mount Vernon Avenue over UPRR Bridge Widening Project just completed the right-of-way phase and received authorization for construction from Caltrans on July 15, 2026.
Construction completion is anticipated by June 2030. The La Cadena Drive over Santa Ana River Bridge Replacement Project is in the construction phase and is estimated to complete construction in June of 2029. The Reche Canyon Road Re-alignment to Hunts Lane Project is in the Design and Environmental Document Phase, and estimated start of construction in January 2029.
Fiscal Impacts:
The funding for the projects listed on the Fiscal Year 2026/2027 Measure I CIP is available on the following expenditure account numbers:
Project Name Account No.
Amount
1 Cooley Dr./Cooley Ln. Intersection 218-2702-6150-3890-0000-000 $ 60,000.00 2 Admiralty St. (Topsail Ave. to Hurricane Ave.) 218-2702-6150-3890-0000-000 $ 53,963.00 3 Westwind St. (Topsail Ave. to Driftwood Ave.) 218-2702-6150-3890-0000-000 $ 56,814.00 4 Driftwood Ave. (Admiralty St. to Westwind St.) 218-2702-6150-3890-0000-000 $ 23,403.00 5 Hurricane Ave. (Admiralty St. to North end) 218-2702-6150-3890-0000-000 $ 15,302.00 6 Quartermaster St. (Voyager Ave. to East end) 218-2702-6150-3890-0000-000 $ 20,311.00 7 Voyager Ave. (Admiralty St. to Westwind St.) 218-2702-6150-3890-0000-000 $ 23,695.00 8 Topsail Ave. (Admiralty St. to Westwind St.) 218-2702-6150-3890-0000-000 $ 23,797.00 9 Sugar Pine Ln. (Forrest Dr. to Torrey Pines Dr.) 218-2702-6150-3890-0000-000 $ 86,896.00 10 Cottonwood Dr. (Forrest Dr. to Torrey Pines Dr.) 218-2702-6150-3890-0000-000 $ 73,388.00 11 Torrey Pines Dr. (Cottonwood Dr. to Pepper Tree Dr.) 218-2702-6150-3890-0000-000 $ 55,424.00 12 Aspen Ln. (Oak Glen Dr. to Torrey Pines Dr.) 218-2702-6150-3890-0000-000 $ 16,980.00 13 Forrest Dr. (Sugar Pine Ln. to Cherrywood Ln.) 218-2702-6150-3890-0000-000 $ 36,110.00
The Measure I expenditure budget was based on revenue projection provided by SBCTA staff.
ENVIRONMENTAL IMPACTS
Each of the Projects listed on the Measure I Five Year Capital Improvement Plan and Expenditure Strategy Plan, and the Measure I Five-Year Capital Project Needs Analysis (CPNA) are required to comply with the National Environmental Protection Agency (NEPA) and/or California Environmental Quality Acts (CEQA).
14 Hermosa St. (Bordwell Ave. to Rialto Ave.) 218-2702-6150-3890-0000-000 $ 81,632.00 15 Lemon St./ ‘C’ St. (Valley Blvd. to ‘C’ St.) 218-2702-6150-3890-0000-000 $ 89,157.00 16 Rialto Ave. (Olive St. to Laurel St.) 218-2702-6150-3890-0000-000 $ 81,531.00 17 Redlands Ave. (Olive St. to Laurel St.) 218-2702-6150-3890-0000-000 $ 83,776.00 18 Highland Ave. (Olive St. to Laurel St.) 218-2702-6150-3890-0000-000 $ 81,723.00 19 Bordwell Ave. (Olive St. to Laurel St.) 218-2702-6150-3890-0000-000 $ 90,776.00 20 North Mt. Vernon Ave. Median Landscape Project 218-2703-6150-3890-0000-000 $ 120,000.00 21 FY 26/27 Citywide Slurry Seal Project 218-2704-6150-3890-0000-000 $ 150,000.00 22 City Wide Street and Traffic Improvement (Traffic
Signs & Striping) 215-2705-6920-3890-0000-000 $ 89,488.00 Total = $1,414,156.00
Alternatives:
Provide alternative direction to staff.
Attachments:
1. EXHIBIT A - Measure I Local Pass-through Program_5 Year CIP (R)
2. EXHIBIT B - Measure I_Strategy Plan
3. EXHIBIT C - FY26-27_FY31-32 CPNA Expenditure Plan
4. EXHIBIT D - Reso. No. R-69-26 Adopting FY26-27 Measure I_5 Year CIP & Measure I_Exp. Stra. Plan
5. EXHIBIT E - Reso. No. R-70-26 5 Year CPNA_FY27-28
6. EXHIBIT F - Masure I_Local Pass-through Program 5 Year Rev. Estimates FY25-26 to FY 30-31
EXHIBIT A
Measure I Local Pass-through Program – Five Year Capital Improvement Plan Fiscal Years 2026/2027 through 2030/2031
(See next sheets)
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
6/30/26 Carryover Balance $2,654,177.91
FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue FY2030/31 Est. Revenue Total Est. Rev. $1,401,406 $1,434,759 $1,469,765 $1,505,625 $1,542,359 $7,353,914 Projects:
Cooley/Cooley Lane Intersection 0.0% 0.0% $60,000 $0 $0 $0 $0 $60,000 Pavement Rehabilitation: Admiralty St. (Topsail Ave. - Hurricane Ave.) 0.0% 0.0% $53,963 $0 $0 $0 $0 $53,963 Pavement Rehabilitation: Westwind (Topsail Ave. - Driftwood) 0.0% 0.0% $56,814 $0 $0 $0 $0 $56,814 Pavement Rehabilitation: Driftwood (Admiralty - Westwind) 0.0% 0.0% $23,403 $0 $0 $0 $0 $23,403 Pavement Rehabilitation: Hurricane (Admiralty - Northend) 0.0% 0.0% $15,302 $0 $0 $0 $0 $15,302 Pavement Rehabilitation: Quartermaster (Voyager - East End) 0.0% 0.0% $20,311 $0 $0 $0 $0 $20,311 Pavement Rehabilitation: Voyager (Admiralty - Westwind) 0.0% 0.0% $23,695 $0 $0 $0 $0 $23,695 Pavement Rehabilitation: Topsail (Admiralty - Westwind) 0.0% 0.0% $23,797 $0 $0 $0 $0 $23,797 Pavement Rehabilitation: Sugar Pine Lane (Forrest Dr. - Torrey Pines Dr.) 0.0% 0.0% $86,896 $0 $0 $0 $0 $86,896 Pavement Rehabilitation: Cottonwood Dr. (Forrest Dr. - Torrey Pines Dr.) 0.0% 0.0% $73,388 $0 $0 $0 $0 $73,388 Pavement Rehabilitation: Torrey Pines Dr. (Cottonwood Dr. - Pepper Tree Dr.) 0.0% 0.0% $55,424 $0 $0 $0 $0 $55,424 Pavement Rehabilitation: Aspen Ln. (Oak Glen Dr. - Torrey Pines Dr.) 0.0% 0.0% $16,980 $0 $0 $0 $0 $16,980 Pavement Rehabilitation: Forest Drive (Sugarpine - Cherrywood) 0.0% 0.0% $36,110 $0 $0 $0 $0 $36,110 Pavement Rehabilitation: Hermosa St./'C' St. (Valley Blvd. - 'C' St.) 0.0% 0.0% $81,632 $0 $0 $0 $0 $81,632 Pavement Rehabilitation: Lemon St. (Bordwell - Rialto) 0.0% 0.0% $89,157 $0 $0 $0 $0 $89,157 Pavement Rehabilitation: Rialto Ave. (Olive - Laurel) 0.0% 0.0% $81,531 $0 $0 $0 $0 $81,531 Pavement Rehabilitation: Redlands (Olive - Laurel) 0.0% 0.0% $83,776 $0 $0 $0 $0 $83,776 Pavement Rehabilitation: Highland (Olive - Laurel) 0.0% 0.0% $81,723 $0 $0 $0 $0 $81,723 Pavement Rehabilitation: Bordwell (Olive - Laurel) 0.0% 0.0% $90,766 $0 $0 $0 $0 $90,766 North Mt. Vernon Ave. Median Landscape Project 0.0% 0.0% $120,000 $0 $0 $0 $0 $120,000 FY 26/27 Citywide Slurry Seal Project 0.0% 0.0% $150,000 $225,000 $225,000 $230,000 $230,000 $1,060,000 City Wide Street and Traffic Improvement Project 0.0% 0.0% $89,488 $0 $0 $0 $0 $89,488 FY 21/22 Citywide Traffic & Street Improvement 0.0% 0.0% $1,923 $0 $0 $0 $0 $1,923 Olive St. Sidewalk Improvement Project (with County of SB) 0.0% 0.0% $181,000 $0 $0 $0 $0 $181,000 Citywide Sidewalk/ADA Improvement Project 0.0% 0.0% $17,538 $280,000 $290,000 $300,000 $310,000 $1,197,538 FY 25 Citywide Sidewalk/ADA Improvement Project 0.0% 0.0% $251,264 $0 $0 $0 $0 $251,264 Pavement Rehabilitation: Holly Ave. (Hillcrest Ave. - Grant Ave.) 0.0% 0.0% $52,822 $0 $0 $0 $0 $52,822 Pavement Rehabilitation: Monterey (Bothwell Ave. - Fairway Ave.) 0.0% 0.0% $20,113 $0 $0 $0 $0 $20,113 Pavement Rehabilitation: Miller Dr. (Laurel St. - north end) 0.0% 0.0% $114,936 $0 $0 $0 $0 $114,936 Pavement Rehabilitation: 'O' St. (La Cadena Dr.- 6th St.) 0.0% 0.0% $32,768 $0 $0 $0 $0 $32,768 C' Street Landscaping Project 0.0% 0.0% $56,685 $0 $0 $0 $0 $56,685 Traffic Signal Improvement - Various Streets 0.0% 0.0% $442,255 $0 $0 $0 $0 $442,255 Traffic Signal Hunts Ln./ Stewart St./ Harwick Dr. 0.0% 0.0% $192,500 $0 $0 $0 $0 $192,500 FY 25/26 Citywide Slurry Seal Project 0.0% 0.0% $179,303 $0 $0 $0 $0 $179,303 FY 25/26 Citywide Sidewalk ADA Improvement Project 0.0% 0.0% $146,888 $0 $0 $0 $0 $146,888 City Wide Street and Traffic Improvement Project 0.0% 0.0% $26,657 $0 $0 $0 $0 $26,657 Citywide St & Traffic Imp Project 0.0% 0.0% $4 $0 $0 $0 $0 $4 Mt. Vernon Ave. over Santa Ana River Bridge Retrofit Project 0.0% 0.0% $108,275 $0 $0 $0 $0 $108,275 Jurisdiction:R-69-26
7/23/2026
Moises Peralta
(909) 370-5194
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2026/2027 thru 2030/[email protected] Colton
Current
Estimate
Current
Estimate TotalCurrent
Estimate
Current
Estimate
Current
Estimate
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the City's
Nexus Study List?
(Public/DIF Share %)
Resolution Number:
Resolution Approval Date:
Contact Person/Title:
Phone:
Email:
Jurisdiction:R-69-26
7/23/2026
Moises Peralta
(909) 370-5194
Measure I Local Pass-through Program
FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2026/2027 thru 2030/[email protected] Colton
Barton Rd. Bridge Improvement Project 0.0% 0.0% $32,090 $0 $0 $0 $0 $32,090 City Wide Street and Traffic Improvement Project 0.0% 0.0% $5,236 $44,769 $44,765 $45,625 $47,359 $187,754 San Bernardino Ave. St. Improv. Bet Pepper & Indigo (install curb, gutter, sidewalk, striping & signs) 0.0% 0.0% $13,221 $0 $0 $0 $0 $13,221 Citywide Alley Paving Project 0.0% 0.0% $0 $85,000 $85,000 $80,000 $85,000 $335,000 Citywide Paving Project 0.0% 0.0% $0 $800,000 $825,000 $850,000 $870,000 $3,345,000 $3,289,633 $1,434,769 $1,469,765 $1,505,625 $1,542,359 $9,242,151 92% Total Estimated Programming: $9,242,151
Projects Total:
(Must not exceed 150% of Carryover Balance +
Total Estimated Revenue)
EXHIBIT B
City of Colton
MEASURE “I” EXPENDITURE STATEGY PLAN
The City of Colt on allocates approximately eighty percent (80%) of annual Measure I revenue for system improvements to street s infrastructure. Delivery of these improvements is focused on streets requiring rehabilitation or safety enhancement improvements. Measure I funds are also being used to provide local match for federal and state grant funded project s; th ese projects are focus ed on improving Colton’s infrastructure and/or transportation system for pedestrian/bicycle/vehicular traffic.
The remaining twenty percent (20%) of the City’s annual Measure I revenue are allocated to pedestrian safety such as sidewalk, handicap ramp installation, and other traffic safety improvements. All identified improvements are consistent with the goals of the city’s General Plan Circulation Element.
EXHIBIT C
Fiscal Year 2026-2027 through Fiscal Year 2031-2032 Capital Project Needs Analysis (CPNA) Expenditure
(See next sheets)
Nexus Project Cost 3,678,387$
Dev. Loan? No
5-Year Advance? No
Public Share: 56.4%
Dev. Share: 43.60%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - HBP $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - HBP $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $300,091.16
Fund Type: MSI Arterial $ 19,413.14 $ - $ - $ - $ - $ - $ - HBP $ 265,670.70 $ - $ - $ - $ - $ - $ - DEV FEE $ 15,007.32 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $33,260,161.00
Fund Type: MSI Arterial $ 616,718.96 $ 616,718.96 $ 616,718.96 $ 335,678.00 $ - $ - $ - HBP $ 8,439,860.00 $ 8,439,860.00 $ 8,439,860.00 $ 4,296,614.00 $ - $ - $ - DEV FEE $ 476,754.37 $ 476,754.37 $ 476,754.37 $ 27,869.00 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Widen La Cadena Dr. from Rancho
Ave. to Iowa Split incl. Bridge Over
Santa Ana River
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.
Capital Project Needs Analysis
City of Colton
Valley Arterial Sub-Program
Current Total Project Cost
Estimate:
$37,773,334.50
Total Measure I Request:
$2,205,248.02
(Summation of Measure I)
Comments:
Exhibit C - FY26-27_FY31-32 CPNA Expenditure Plan1 - Proj 1
Nexus Project Cost 3,162,496$
Dev. Loan? No
5-Year Advance? No
Public Share: 56.4%
Dev. Share: 43.60%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - HBP $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - HBP $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $1,497,579.00
Fund Type: MSI Arterial $ 182,550.44 $ - $ - $ - $ - $ - $ - HBP $ 1,173,908.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 141,120.56 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $24,750,000.00
Fund Type: MSI Arterial $ 533,699.10 $ 533,699.10 $ 533,699.10 $ - $ - $ - HBP $ 7,303,725.00 $ 7,303,725.00 $ 7,303,725.00 $ - $ - $ - DEV FEE $ 412,575.90 $ 412,575.90 $ 412,575.90 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - Capital Project Needs Analysis
City of Colton
Valley Arterial Sub-Program
Current Total Project Cost
Estimate:
$17,662,602.00
Total Measure I Request:
$1,783,647.74
(Summation of Measure I)
Mount Vernon Ave. Bridge over
UPRR Widening Project
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.
Comments:
Exhibit C - FY26-27_FY31-32 CPNA Expenditure Plan1 - Proj 2
Nexus Project Cost 1,131,510$
Dev. Loan? No
5-Year Advance? No
Public Share: 56.4%
Dev. Share: 43.60%
Project Information Phase Funding PRIOR* FY 27/28 FY 28/29 FY 29/30 FY 30/31 FY 31/32 FUTURE PA&ED
Total Cost: $134,985.00
Fund Type: MSI Arterial $ 15,226.31 $ - $ - $ - $ - $ - $ - DEMO $ 107,988.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 11,770.69 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $449,965.00
Fund Type: MSI Arterial $ 50,756.05 $ - $ - $ - $ - $ - $ - DEMO $ 251,972.00 $ - $ - $ - $ - $ - $ - DEV FEE $ 39,236.95 $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: CPFCDS $ 108,000.00 $ - $ - $ - $ - $ - ROW $ -
Total Cost: $260,000.00
Fund Type: MSI Arterial $ - $ 29,328.00 $ - $ - $ - $ - $ - DEV FEE $ - $ 22,672.00 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: CPFCDS $ - $ 208,000.00 $ - $ - $ - $ - $ - CONST
Total Cost: $4,812,600.00
Fund Type: MSI Arterial $ - $ - $ 180,953.76 $ 180,953.76 $ 180,953.76 $ - $ - DEV FEE $ - $ - $ 139,886.24 $ 139,886.24 $ 139,886.24 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: CPFCDS $ - $ - $ 1,283,360.00 $ 1,283,360.00 $ 1,283,360.00 $ - $ - Capital Project Needs Analysis
City of Colton
Valley Arterial Sub-Program
Current Total Project Cost
Estimate:
$5,669,970.00
Total Measure I Request:
$638,171.64
(Summation of Measure I)
Realign Reche Cyn. Rd. to Hunts
Lane from Washington St. to City
Limit (New 4 lane road)
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2025/2026 expenses.
Comments:
The project was granted $4.166M
federal grant from Community
Project Funded Congressional
Directed Spending (CPFCDS) in
April 2023.
Exhibit C - FY26-27_FY31-32 CPNA Expenditure Plan1 - Proj 3
EXHIBIT D
Resolution No. R-69-26:
Adopting Fiscal Year 2026/2027 Measure I Five Year Capital Improvement Plan and the Measure I Expenditure Strategy Plan
(See next sheets)
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-69-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA ADOPTING THE F ISCAL YEAR 2026/2027 MEASURE I FIVE
YEAR CAPITAL IMPROVEMENT PLAN AND THE MEASURE I EXPENDITURE
STRATEGY PLAN
WHEREAS the City of Colton is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation i mprovement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Streets Program to annually adopt and update a Five -Year Capital Improvement Program, and
WHEREAS, Expenditure Plans of the San Bernardino County Transportation Authority Ordinance No. 89 -1 also require that each local jurisdiction annually adopt and update its Capital Improvement Plans; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-1 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five -Year Capital Improvement Plan, which for the City of Colton is $313,796 (attached to this Resolution).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, STATE OF CALIFORNIA DOES HEREBY resolve, reaffirm and adopt the Fiscal Year 2026/2027 Five Year Measure I Capital Improvement Plan (Exhibit “A”) and Expenditure Strategy Plan (Exhibit “B”).
PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF AUGUST 2026
_______________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________
ISAAC T. SUCHIL
City Clerk
EXHIBIT E
Resolution No. R-70-26:
Adopting The Measure I Five-Year Capital Project Needs Analysis (CPNA) for Fiscal Year 2027/2028 to Fiscal Year 2031/2032
(See next sheets)
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-70-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS (CPNA) FOR FISCAL YEAR 2027/2028 TO FY 2031/2032
WHEREAS the City of Colton is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Valley Major Street and Freeway Interchan ge Programs to annually adopt and update a Five-Year Capital Project Needs Analysis.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, STATE OF CALIFORNIA DOES HEREBY resolve, reaffirm and adopt the Measure I Five-Year Capital Project Needs Analysis (CPNA) for Fiscal Year 2027/2028 TO FY 2031/2032, attached to this resolution.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF JULY 2026
_________________________
FRANK J. NAVARRO
Mayor
ATTEST:
___________________________
ISAAC T. SUCHIL
City Clerk
EXHBIT F
REV FY25/26 FY26/27 FY27/28 FY28/29 FY29/30 FY30/31
Chino 5.98% $ 2,507,086 $ 2,512,157 $ 2,571,946 $ 2,634,696 $ 2,698,979 $ 2,764,828 13,182,607$ Chino Hills 4.84% $ 2,029,536 $ 2,033,641 $ 2,082,041 $ 2,132,839 $ 2,184,877 $ 2,238,183 10,671,581$ Colton 3.34% $ 1,398,577 $ 1,401,406 $ 1,434,759 $ 1,469,765 $ 1,505,625 $ 1,542,359 7,353,914$ Fontana 13.73% $ 5,753,388 $ 5,765,026 $ 5,902,232 $ 6,046,234 $ 6,193,752 $ 6,344,868 30,252,113$ Grand Terrace 0.80% $ 336,086 $ 336,766 $ 344,781 $ 353,193 $ 361,810 $ 370,637 1,767,187$ Highland 3.58% $ 1,498,592 $ 1,501,623 $ 1,537,362 $ 1,574,870 $ 1,613,294 $ 1,652,656 7,879,805$ Loma Linda 1.59% $ 664,717 $ 666,061 $ 681,913 $ 698,551 $ 715,594 $ 733,053 3,495,173$ Montclair 2.35% $ 985,079 $ 987,071 $ 1,010,563 $ 1,035,219 $ 1,060,477 $ 1,086,350 5,179,680$ Ontario 11.55% $ 4,840,708 $ 4,850,500 $ 4,965,941 $ 5,087,100 $ 5,211,216 $ 5,338,360 25,453,117$ Rancho Cucamonga 11.03% $ 4,619,889 $ 4,629,234 $ 4,739,408 $ 4,855,040 $ 4,973,495 $ 5,094,839 24,292,017$ Redlands 4.60% $ 1,929,101 $ 1,933,003 $ 1,979,008 $ 2,027,292 $ 2,076,755 $ 2,127,424 10,143,482$ Rialto 6.61% $ 2,771,140 $ 2,776,746 $ 2,842,832 $ 2,912,191 $ 2,983,244 $ 3,056,029 14,571,041$ San Bernardino 13.95% $ 5,846,709 $ 5,858,536 $ 5,997,967 $ 6,144,305 $ 6,294,216 $ 6,447,783 30,742,806$ Upland 4.96% $ 2,077,469 $ 2,081,672 $ 2,131,215 $ 2,183,212 $ 2,236,479 $ 2,291,045 10,923,623$ Yucaipa 3.44% $ 1,439,528 $ 1,442,440 $ 1,476,770 $ 1,512,800 $ 1,549,710 $ 1,587,520 7,569,240$ County/Valley 7.64% $ 3,201,440 $ 3,207,916 $ 3,284,263 $ 3,364,392 $ 3,446,478 $ 3,530,565 16,833,614$ Total Valley Region 100.00% $ 41,899,044 $ 41,983,800 $ 42,983,000 $ 44,031,700 $ 45,106,000 $ 46,206,500 220,311,000$ Measure I Local Pass-through Program
REVENUE ESTIMATES FOR FY2025/2026 thru FY2030/2031
Valley Subarea
VALLEY SUBAREA
Population
Distribution
Percentage
Estimated Annual Local Pass-Through Amount Total FY26/27 through FY30/31