RESOLUTION NO. 2026-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE BANNING
FIRE DEPARTMENT FOR THE CITY OF BANNING REGARDING THE INSPECTION OF
CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODES §13145, §13146 AND §17921.
WHEREAS, California Health & Safety Code Section §13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS, California Health & Safety Code Sections §13146.2 and §13146.3 require all fire departments, including the Banning Fire Department, that provide fire protection services to perform annual inspection in every building used as a public or private schools, hotels, motels, lodging houses, and apartment houses for compliance with building standards, as provided; and WHEREAS, California Health & Safety Code Section §13146.4 requires all fire departments, including the Banning Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with sections §13146.2 and §13146.3; and
WHEREAS, the Council of the City of Banning intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Banning Fire Department’s compliance with California Health and Safety Code Sections §13146.4.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
DOES HEREBY ORDAIN THE MEASURE OF COMPLIANCE OF THE CITY OF BANNING FIRE DEPARTMENT WITH HEALTH AND SAFETY CODE SECTIONS 13146.2 and 13146.3 in the CITY OF BANNING FOR FISCAL YEAR 2025/2026, AS FOLLOWS:
SECTION 1.
Education Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. The Banning Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Banning as identified in Exhibit “A” attached hereto.
SECTION 2.
Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility, impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. The Banning Fire Department completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Banning as identified in Exhibit “A” attached hereto
456
Resolution 2026-123
That the City Clerk shall certify the passage of this Resolution and shall cause the same to be published according to law.
PASSED, APPROVED AND ADOPTED this 8th day of September, 2026.
Richard Royce, Mayor
City of Banning
ATTEST:
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
Phaedra Norton, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
457
Resolution 2026-123
CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-123 was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the on the 8th day of September, 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
458
FY 2025/2026 HSC 13146.4 ANNUAL INSPECTION LIST
CITY OF BANNING
PAGE 1
R‐2 OCCUPANCIES (91 inspections completed/ 91 required inspections- 100%) NAME HOUSE_NO DIR STREET SUFFIX CITY ZIP
MULTIPLEX 65 N 4TH ST BANNING 92220
MULTIPLEX 86 N 3RD ST BANNING 92220
MULTIPLEX 82 N 22ND SR BANNING 92220
MULTIPLEX 92 N 22ND ST BANNING 92220
MULTIPLEX 98 N 22ND ST BANNING 92220
MULTIPLEX 115 N 3RD ST BANNING 92220
MULTIPLEX 157 N 7TH ST BANNING 92220
MULTIPLEX 165 N 16TH ST BANNING 92220
MULTIPLEX 170 W WILLIAMS ST BANNING 92220
MULTIPLEX 185 W WESTWARD AVE BANNING 92220
MULTIPLEX 216 W GEORGE ST BANNING 92220
MULTIPLEX 220 N HARGRAVE ST BANNING 92220
MULTIPLEX 225 W RAMSEY ST BANNING 92220
MULTIPLEX 230 N MUURAY ST BANNING 92220
MULTIPLEX 231 E NICOLET ST BANNING 92220
MULTIPLEX 233 W NICOLET ST BANNING 92220
MULTIPLEX 238 W HAYS ST BANNING 92220
MULTIPLEX 250 N HARGRAVE ST BANNING 92220
MULTIPLEX 257 N HARGRAVE ST BANNING 92220
MULTIPLEX 258 N ALESSANDRO RD BANNING 92220
MULTIPLEX 261 N CHERRY ST BANNING 92220
MULTIPLEX 263 N EVANS ST BANNING 92220
MULTIPLEX 267, 269, 271. 273 N ALESSANDRO ST BANNING 92220 MULTIPLEX 275 N ALLEN ST BANNING 92220
MULTIPLEX 280 N HARGRAVE ST BANNING 92220
MULTIPLEX 287 W WESTWARD AVE BANNING 92220
MULTIPLEX 290 N 3rd ST BANNING 92220
MULTIPLEX 309 N 2ND ST BANNING 92220
MULTIPLEX 309 N 8TH ST BANNING 92220
MULITPLEX 312 N 4TH ST BANNING 92220
MULTIPLEX 326,328 N 3RD ST BANNING 92220
MULTIPLEX 333 N MURRAY ST BANNING 92220
MULTIPLEX 368 N 3RD ST BANNING 92220
MULTIPLEX 376 N 4TH ST BANNING 92220
WINSCAPE VIL35LAGE 380 W BARBOUR ST BANNING 92220
MULTIPLEX 380 E NICOLET ST BANNING 92220
MULTIPLEX 403 E WILLIAMS ST BANNING 92220
MULTIPLEX 434, 438
387, 377
W
N
NICOLET
4th
ST
ST
BANNING 92220
MULTIPLEX 454 W WILLIAMS ST BANNING 92220
PEPPERTREE APARTMENTS 456 N 5TH ST BANNING 92220
MULTIPLEX 456 N NICOLET ST BANNING 92220
MULTIPLEX 462 N ALESSANDRO ST BANNING 92220
MULTIPLEX 478 N ALESSANDRO ST BANNING 92220
MULTIPLEX 497 N 6TH ST BANNING 92220
PLAZA VILLAS 477 W RAMSEY ST BANNING 92220
MULTIPLEX 501 W RAMSET ST BANNING 92220
MULTIPLEX 525 N 4TH ST BANNING 92220
LAMPLIGHTER APARTMENTS 501 N SUNSET BANNING 92220
MULTIPLEX 508 W WILLIAMS ST BANNING 92220
MULTIPLEX 515 N 2ND ST BANNING 92220
MULTIPLEX 515 N 3RD ST BANNING 92220
MULTIPLEX 536 N 5TH ST BANNING 92220
MULTIPLEX 544 N 6TH ST BANNING 92220
MULTIPLEX 545 N 2ND ST BANNING 92220
MULTIPLEX 546 N 5TH ST BANNING 92220
SUMMIT RIDGE APARTMENTS 555 N HATHAWAY ST BANNING 92220 MULTIPLEX 558 N 6TH ST BANNING 92220
MULTIPLEX 574 N 6TH ST BANNING 92220 459
FY 2025/2026 HSC 13146.4 ANNUAL INSPECTION LIST
CITY OF BANNING
PAGE 2
MULTIPLEX 584 E HOFFER ST BANNING 92220
MULTIPLEX 590 E RAMSEY ST BANNING 92220
MUTIPLEX 655 E WILLIAMS ST BANNING 92220
BONITA APARTMENTS 675, 729 W WILLIAMS ST BANNING 92220
MUTIPLEX 688 W NICOLET ST BANNING 92220
MULTIPLEX 719 E RAMSEY ST BANNING 92220
MUTIPLEX 720 W WILLIAMS
MULTIPLEX 726 W NICOLET ST BANNING 92220
MULTIPLEX 765 E WILLIAMS ST BANNING 92220
MULTIPLEX 955 W HAYS ST BANNING 92220
MULTIPLEX 962 W RAMSEY ST BANNING 92220
MUTIPLEX 975 E WILLIAMS ST BANNING 92220
MULTIPLEX 1260 W WILLIAMS ST BANNING 92220
VISTA SERENA 1248 VISTA SERENA BANNING 92220
MULTIPLEX 1279 W WILLIAMS ST BANNING 92220
MULTIPLEX 1329 W WILLIAMS ST BANNING 92220
MULTIPLEX 1330 E WILLIAMS ST BANNING 92220
MULTIPLEX 1350 E WILLIAMS ST BANNING 92220
MUTIPLEX 1370 E WILLIAMS AVE BANNING 92220
MULTIPLEX 1420 E WILLIAMS ST BANNING 92220
MULTIPLEX 1424 E WILLIAMS ST BANNING 92220
MULTIPLEX 1646 W WILLIAMS ST BANNING 92220
MULTIPLEX 1837 W HAYS ST BANNING 92220
TOWNE APARTMENTS 2692 W WILLIAMS ST BANNING 92220
MULTIPLEX 3131 W GEORGE ST BANNING 92220
MULTIPLEX 3171 W GEORGE ST BANNING 92220
MULITPLEX 3171 W WILLIAMS ST BANNING 92220
LITTLE EUROPE 3800 W JACINTO VIEW RD BANNING 92220
MULTIPLEX 3988 W RAMSEY ST BANNING 92220
WILSON GARDEN APARTMENTS 5001 W WILSON ST BANNING 92220 MULTIPLEX 5183 W WILSON ST BANNING 92220
MULTIPLEX 5223 W WILSON ST BANNING 92220
MULTIPLEX 5231 W WILSON ST BANNING 92220
R2.1 OCCUPANCIES (5 inspections completed/ 5 required inspections- 100%) E OCCUPANCIES (12 inspections completed/ 12 required inspections- 100%) NAME HOUSE_NO DIR STREET SUFFIX CITY ZIP
THE LAKES 5801 SUNALKES BLVD BANNING 92220
WEST HILLS VILLA GARDENS 5466 W WILSON ST BANNING 92220 WESTFIELD VILLA GARDENS 3863 W RAMSEY ST BANNING 92220
SUNRISE POST ACUTE 3476 W WILSON ST BANNING 92220
SUNDANCE POST ACUTE 5800 W WILSON ST BANNING 92220
NAME HOUSE_NO DIR STREET SUFFIX CITY ZIP
CALVARY CHRISTIAN SCHOOL 1325 MOUNTAIN AVE BANNING 92220 RCOEHEAD START - BANNING 671
(SUITE B)
N FLORIDA ST BANNING 92220
FLORIDA STREET DISCOVERY CENTER 671
(SUITE A, C, D, AND E)
N FLORIDA ST BANNING 92220
BANNING HIGH SCHOOL 100 W WESTWARD AVE BANNING 92220
CENTRAL ELEMENTARY 295 N SAN GORGONIO DR BANNING 92220
HEMMERLING ELEMENTARY SCHOOL 1928 W NICOLET ST BANNING 92220 HOFFER ELEMENTARY SCHOOL 1115 E HOFFER ST BANNING 92220 SUSAN B. COOMBS 1151 W WILSON ST BANNING 92220
NICOLET MIDDLE SCHOOL 101 E NICOLET ST BANNING 92220
YOUNG SCHOLAR EDUCATION CENTER 4029 W GEORGE ST BANNING 92220 RENU HOPE (DAY CARE) 771 W WILLIAMS ST BANNING 92220
RENU HOPE (DAY CARE) 235 N 2ND ST BANNING 92220 460
FY 2025/2026 HSC 13146.4 ANNUAL INSPECTION LIST
CITY OF BANNING
PAGE 3
R‐1 OCCUPANCIES (10 inspections completed/ 10 required inspections- 100%) NAME HOUSE_NO DIR STREET SUFFIX CITY ZIP
COUNTRY INN 932 E RAMSEY ST BANNING 92220
HP. HOSPITALITY, LLC DBA DAYS INN 2320 W RAMSEY ST BANNING 92220 HOLIDAY INN EXPRESS 3020 W RAMSEY ST BANNING 92220
MARGARITA MOTEL 1551 W RAMSEY ST BANNING 92220
QUALITY INN 1690 W RAMSEY ST BANNING 92220
HAMPTON INN AND SUITES
(SAGEMONT-BANNING, LLC)
6071 JOSHUA PALMER WAY BANNING 92220
STAGECOACH MOTOR INN 1363 E RAMSEY ST BANNING 92220
SUNSET MOTEL 2475 W RAMSEY ST BANNING 92220
THE BANNING MANOR 3911 W RAMSEY ST BANNING 92220
TRAVELODGE 1700 W RAMSEY ST BANNING 92220
461
Senate Bill No. 1205
CHAPTER 854
An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.
[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]
legislative counsel’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.
This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant 93 462
to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document.
(d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
O
93 Ch. 854 — 2 —
463
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: September 8, 2026
SUBJECT: Consideration of Resolution 2026-124, a Resolution of the Banning City Council accepting Community Development Block Grant (CDBG) Funds for Fiscal Year 2026/2027 in the amount of $158,987.
STAFF RECOMMENDATION:
Adopt Resolution 2026-124
BACKGROUND:
The submittal of selected project applications for the fiscal year (FY) 2026/2027 CDBG Program funding cycle was approved by City Council on December 9, 2025, under Resolution 2025-166. After City Council approval in December of 2025, the County reviewed and approved the projects. To utilize the funds, the City must approve and execute the Supplemental Agreement for CDBG Funding Cycle FY 2026/2027.
The total funding for the CDBG FY 2026/27 Funding Cycle is $158,987. Two projects are included: The Sylvan Park Improvement Project in the amount of $152,987 and the Teens Continue to Lead Program in the amount of $6,000. If the City Council approves the agreement, the County will execute the agreements and issue a Notice to Incur Costs and the projects can move forward.
The City will administer the Sylvan Park Improvement Project. This project will replace the existing shelter at Sylvan Park.
The Boys and Girls Club Teens Continue to Lead Program received funding from multiple jurisdictions and for this reason, the County of Riverside will administer this project.
JUSTIFICATION:
To utilize the FY 2026/2027 CDBG Program funds of $158,987, the City is required to execute a Supplemental Agreement attached hereto by Reference.
The funds will be allocated to two separate projects:
The Sylvan Park Improvement Project (5.BN.66-26) in the amount of $152,987 and the Boys and Girls Club of the San Gorgonio Pass Teens Continue to Lead Program (0.286-26) in the amount of $6,000.
There are no matching funds required. However, to implement the project there is associated staff time in project management. This cost is recognized in Exhibit B as the City's leveraging in the amount of $7,000 toward the Sylvan Park Improvement Project. The CDBG funding allocated is a reimbursable grant, and the total funds awarded are sufficient to complete the project and replace the shelter.
FISCAL IMPACT:
464
With approval of the FY 2026/2027 CDBG Supplemental Agreement, the City anticipates receiving $152,987 for the Sylvan Park Improvement Project, and the Boys and Girls Club of the San Gorgonio Pass will receive $6,000 toward their Teens Continue to Lead Program.
Acceptance of these funds is restricted exclusively to these approved projects.
With the adoption of Resolution 2026-124, changes to the budget will include the following:
Added appropriations -
Expenditure Account
110-5500-461.90-38 $152,987 - Sylvan Park Improvement Project Revenue Account
110-5500-347.34-02 $152,987 - Federal Revenue from CDBG Grants The remaining $6,000 will be disbursed directly from the County of Riverside.
ATTACHMENTS:
1. Att_1_Resolution_2026-166_2026-27 CDBG Supplemental Agreement.docx
2. CDBG F27 - Supplemental Agreement - Cover Letter.pdf
3. CDBG 27 Supplemental Agreement.pdf
4. CC Resolution No. 2025-166_Accepting Applications_Dec 9, 2025.pdf 465
Resolution 2026-124
RESOLUTION 2026-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
ACCEPTING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2026/2027 IN THE AMOUNT OF $158,987 FOR THE SYLVAN PARK IMPROVEMENT PROJECT (5.BN.66-26) IN THE AMOUNT OF $152,987 AND THE TEENS CONTINUE TO LEAD PROGRAM (0.286-26) IN THE AMOUNT OF $6,000.
WHEREAS, the City of Banning has been submitting applications for projects/activities under the Community Development Block Grant (CDBG) program to the Riverside County Housing and Workforce Solutions (HWS) Department annually; and WHEREAS, the submittal of the approved project applications for CDBG 2026/2027 program funding was initially approved by the City Council on December 9, 2025 under Resolution 2025-166; and
WHEREAS, the projects submitted herein meet the CDBG program guidelines and/or requirements; and
WHEREAS, it is necessary that the supplemental agreement be approved by the City Council through resolution order for the City and its residents to obtain and utilize the federally funded CDBG grant funds; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the Supplemental Agreement with Riverside County Housing and Workforce Solutions for the Community Development Block Grant FY 2026/2027 for a two-year term in an amount of $158,987, attached hereto as Exhibit A SECTION 2. The City Council authorizes the Mayor to execute the Supplemental Agreement with Riverside County Housing and Workforce Solutions on behalf of the City Council and the City Manager to make non-substantive changes to the Community Development Block Grant FY 2026/2027 if necessary in the future.
SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 8th day of September, 2026.
Richard Royce, Mayor
City of Banning
ATTEST:
466
Resolution 2026-124
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
Phaedra Norton, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
467
Resolution 2026-124
CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-124, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of September 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
468
Resolution 2026-124
Exhibit A
Supplemental Agreement for the 2026/2027 Community Development Block Grant (CDBG) Program
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RESOLUTION 2025- 166
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT ( CDBG) PROGRAM PROJECTS FOR THE FISCAL YEAR 2026/ 2027 FUNDING CYCLE WHEREAS, the City of has accepted and submitted applications for projects/ public service activities under the Community Development Block Grant ( CDBG) program for the County of Riverside Department of Housing and Workforce Solutions on an annual basis; and WHEREAS, the City of Banning received a Notice of Funding Availability for the 2026/ 2027 CDBG Funding cycle from the County of Riverside' s 2026- 2027 Urban County Community Development Block Grant Program with an estimated funding allocation available of 156, 000; and
WHEREAS, the City of Banning opened an application window to accept CDBG FY 2026/ 2027 project and public service applications from City departments and interested nonprofits and accepted applications from October 14, 2025 through November 14, 2025; and WHEREAS, notifications of application availability were provided to non- profit organizations, City Departments and the general public through various media, including legal notice in the Record Gazette, City' s Website, and
WHEREAS, on October 14, 2025, at its regular meeting, the City Council appointed an Ad- Hoc Committee to review applications received. The applications were provided to the committee for review on December 3, 2025, and the Ad- Hoc committee made recommendations as to the accepted projects; and
WHEREAS, the CDBG Ad- hoc Committee reviewed applications and recommended the following projects be funded; City of Banning Sylvan Park Improvement Project in the amount of 150, 000 and the Boys and Girls of the San Gorgonio Pass' Teens Continue to Lead program in the amount of $6,000; and
WHEREAS, the projects submitted herein meets the CDBG program guidelines and/ or requirements; and
WHEREAS, it is necessary that the project be approved by the City Council through resolution in order for the City and its residents to obtain and utilize the federally funded CDBG grant funds for the Fiscal year 2026/ 2027 Funding Cycle.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The Banning City Council adopts Resolution 2025- 166, approving the projects submitted for funding under the Community Development Block Grant Programs for Fiscal Year 2026/ 2027; and
SECTION 2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to this resolution; and Resolution 2025- 166
527
SECTION 3. Authorizing the City Manager or his designee to submit two projects for Fiscal Year 2026/ 2027 Community Development Block Grant program to the County of Riverside Housing and Workforce Solutions for review and approval by their Board: and SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 9th day of December 2025 ATTEST:
W4vvv
Sandra Calderon, Acting Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy
LLP
Resolution 2025- 166
Mayor
528
CERTIFICATION:
I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025- 166, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December 2025 by the following vote, to wit:
AYES: Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2025- 166
cl,,ia Guc!MtMJ
Sandra Calderon, Acting Deputy City Clerk
City of Banning, California
529
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Elizabeth Gibbs, City Manager
MEETING DATE: September 8, 2026
SUBJECT: Discussion and Direction Regarding Provisions of Banning Municipal Code (BMC) Chapter 8.48 (Nuisances) That Address Overgrown Vegetation
STAFF RECOMMENDATION:
Direct Staff to prepare a draft ordinance amending Chapter 8.48 of the Banning Municipal Code revising one or more of the issues discussed above and return to City Council for introduction and adoption; OR Take no action and retain Chapter 8.48 in its current form.
BACKGROUND:
This item is placed on the agenda at the request of Council Member Wallace, who asked that the City Council discuss the City's nuisance ordinance as it relates to overgrown vegetation on private property.
BMC Chapter 8.48, titled "Nuisances," establishes the City's framework for declaring, and abating, conditions on private property that constitute a public nuisance. Article I of the chapter dates substantially from the City's 1965 Code (Code 1965, § 11C series) and has been amended at various points to add or update individual categories of nuisance. Section 8.48.020 makes the chapter applicable citywide and expressly reserves to the City Council the right to declare additional nuisances not separately listed.
Section 8.48.030 provides that maintaining a public nuisance is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment of up to six months, although the City Attorney or City Prosecutor may charge a violation as an infraction, and each day a violation continues constitutes a separate offense.
Vegetation-related nuisances are not consolidated into a single section of Chapter 8.48. Instead, they appear in at least six separate sections, most originating in the 1965 Code and amended independently of one another over time. The table below summarizes these provisions; the full text of each is reproduced in Attachment A.
BMC Section Title What Declares a Nuisance
530
8.48.050 Fire Hazard
Weeds, grasses, trees,
rubbish, or other material
growing on private property
that, by size, manner of
growth, and location,
constitute a fire hazard,
including weeds and grasses
that when dry will in
reasonable probability
constitute a fire hazard
8.48.160 Tree trimming
Accumulations of limbs,
branches, prunings, trimmings,
stumps, and parts of domestic
or cultivated fruit trees that are
cut, removed, fallen, or
severed
8.48.170 Infested trees
Any fruit or ornamental tree or
shrub infested with red, yellow,
or black scale, mistletoe,
mealybug, or other pests or
diseases detrimental to
agricultural crops, as
determined by the Riverside
County Agricultural
Commissioner
8.48.210(L) Property maintenance
Any front yard, parkway, or
landscaped setback area that
lacks turf, other planted
material, decorative rock, bark,
or planted ground cover or
covering, causing excessive
dust or the accumulation of
debris
8.48.210(M) Property maintenance
Any condition of vegetation
overgrowth that encroaches
into, over, or upon any public
right-of-way, including streets,
alleys, or sidewalks, so as to
constitute a danger to public
safety or property, or an
impediment to public travel
531
8.48.210(N) Property maintenance
Overgrown, dead, decayed, or
hazardous vegetation that: (1)
may harbor rats, vermin, or
disease carriers; (2) obstructs
the vision of motorists or
creates a hazardous condition
for pedestrians or vehicle
traffic; (3) constitutes a fire
hazard to any building,
improvement, or crop; (4)
creates an unsightly
appearance; or (5) creates a
danger or attractive nuisance
to the public
8.48.250 Attractive nuisances
Maintaining on any premises a
condition that constitutes an
attractive nuisance, including
(among other listed conditions)
accumulated vegetation which
may reasonably attract
children to abandoned or
neglected conditions
8.48.300 Overgrown plants
Dead, decayed, diseased, or
hazardous trees, hedges,
weeds, shrubs, and overgrown
vegetation, cultivated or
uncultivated, that are likely to
harbor rates or vermin,
constitute an unsightly
appearance, are detrimental to
neighboring properties or
property values, or are grown
over the public right-of-way
and impair vehicular or
pedestrian traffic
JUSTIFICATION:
Staff offers the following observations for the Council's consideration and discussion. These are presented as discussion points only; staff is seeking Council direction before drafting any specific code amendments.
1. Overlapping and duplicative provisions. Sections 8.48.050, 8.48.160, 8.48.170, 8.48.210(N), and
8.48.300 each separately address dead, overgrown, or hazardous vegetation using similar, but not identical, language drawn from different amendments dating back to 1965. This overlap can create ambiguity about which standard governs a given enforcement action and makes it harder for property owners and staff to identify obligations at a glance. The Council may wish to direct staff to study consolidating these provisions into a single, clearly organized vegetation-management section.
2. No objective, measurable standard. None of the current sections establishes a specific, measurable threshold — for example, a maximum height for weeds or dry grass, a minimum 532
defensible-space clearance around structures, or a setback from the public right-of-way — for when vegetation becomes "overgrown" or a "fire hazard." Enforcement currently relies on descriptive language such as "by reason of their size, manner of growth and location" or "unsightly appearance." The Council may wish to discuss whether to adopt objective standards to make the ordinance easier and more consistent to enforce.
3. Alignment with State fire-safety law. State law (e.g., Public Resources Code Section 4291 and Government Code Section 51182) requires defensible-space clearance around structures in State Responsibility Areas and Very High Fire Hazard Severity Zones, and the California Fire Code, as locally adopted, contains its own vegetation-management standards. Given Banning's location in the San Gorgonio Pass and its exposure to wind-driven fire conditions, staff recommends the Council consider whether Chapter 8.48 should cross-reference or incorporate these state and fire code standards to ensure consistency and to strengthen the City's enforcement position.
4. Seasonal, proactive weed abatement program. Chapter 8.48 currently treats vegetation nuisances the same as other property-maintenance nuisances, relying on complaint-driven enforcement.
Many California cities instead operate an annual weed and fire-hazard abatement program (modeled on Health and Safety Code Section 14875 et seq.), under which staff proactively identifies at-risk parcels each spring, issues a single citywide notice, allows a defined period to comply, and — if the owner fails to act — has the vegetation removed with the cost recovered through a special assessment or lien on the property. The Council may wish to direct staff to evaluate establishing this kind of proactive, seasonal program specifically for fire-hazard vegetation.
5. Interaction with water-efficient landscaping. Section 8.48.210(L) requires that front yards, parkways, and landscaped setback areas contain turf, other planted material, decorative rock, bark, or planted ground cover to avoid dust and debris. The Council may wish to confirm that this language is not read to discourage drought-tolerant or California-native landscaping, consistent with state water-efficiency policy. Staff can propose clarifying language expressly recognizing mulch, decomposed granite, and drought-tolerant plantings as acceptable ground cover if the Council shares this concern.
6. Vacant and absentee-owned lots. Fire-hazard vegetation is frequently most severe on vacant or absentee-owned parcels, where owners may be difficult to notice or slow to respond. The Council may wish to direct staff to review the City's noticing and right-of-entry procedures, and associated cost-recovery and lien mechanisms, to ensure the City can abate hazardous vegetation on such properties promptly during high fire-risk periods.
7. Penalties calibrated to risk. A vegetation nuisance is currently enforced through the same general penalty applicable to any nuisance under Section 8.48.030 (misdemeanor or infraction, fine up to $1,000, and/or up to six months imprisonment). Given the public-safety risk posed by fire-hazard vegetation, the Council may wish to discuss whether such violations should carry an expedited compliance timeline or a distinct, graduated administrative fine schedule.
FISCAL IMPACT:
None associated with this discussion item. Should the City Council direct staff to prepare Municipal Code amendments or a new abatement program, the associated costs (e.g., program administration, code enforcement staffing, notification, and hearing costs) will be identified and presented for the Council's consideration in a subsequent staff report and, if applicable, budget action.
ATTACHMENTS:
1. Nuisance Ordinance.pdf
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Article I. - Nuisance
8.48.010 - Definitions.
For purposes of this chapter, words and phrases designated herein shall have the following meanings:
"Building official" means the building official of the city, and, for all provisions of this chapter except Section 8.48.480, his authorized agents, assistants, deputies or representatives.
"Chief" means the chief of the fire department of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives.
"City" means the City of Banning, California.
"City council" means the city council of the city.
"City manager" means the city manager of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives.
"Code enforcement manager" means the code enforcement manager of the city, and, for all provisions of this chapter except Section 8.48.480, his or her authorized agents, assistants, deputies or representatives.
"Health officer" means the official of the city or the county of Riverside responsible for the enforcement of laws, ordinances, rules and regulations of the state, county and city relating to the public health, sanitation, food handling and environmental health including his or her authorized agents, assistants, deputies or representatives. "Hearing officer" means the abatement hearing officer created by this chapter. "Official" means any officer or official authorized to take action with respect to the abatement of a nuisance on behalf of the city, including the building official, chief, city manager, health officer, code enforcement manager and their designees. "Public nuisance" means an act or condition, as specifically set forth herein or otherwise, which poses a danger to the health, welfare or safety of the community or neighborhood, or is indecent or offensive to the senses or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use in a customary manner of any public park, street, stream or highway. A "public nuisance" affects at the same time the entire community or neighborhood or any considerable number of persons although the extent of the annoyance or damage inflicted upon individuals may be unequal.
(Code 1965, § 11C-1.)
8.48.020 - Violations deemed public nuisances.
The provisions of this section are applicable to all property throughout the city, wherein any conditions, uses or activities hereinafter specified are found to exist. This section shall not be applicable to any condition which would constitute a violation of this chapter but which is duly authorized under the Municipal Code or any applicable state or federal law.
The list of activities, uses of property and conditions of property declared to be a public nuisance pursuant to this section is not intended to be exclusive. The city council expressly reserves to itself the right to declare other and additional activities, uses of property, and conditions of property to be nuisances subject to abatement pursuant to this title or by any other means authorized by law.
Every owner, tenant, occupant, agent, person having charge or possession of any premises or property, lessee or holder of any possessory interest of real property within the city is required to maintain such property as not to violate the provisions of this section. The owner of the property shall remain liable for violations hereof, regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party.
Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by the former owner, is liable therefor in the same manner as the one who first created it. (Code 1965, § 11C-2.)
8.48.030 - Penalty.
The owner, lessee, occupant, tenant or other person having charge or control over any premises, property, land or structure constituting a public nuisance as defined in this Code, shall be guilty of a misdemeanor, conviction of which shall be punished by a fine not exceeding one thousand dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment. However, the city attorney or city prosecutor is authorized to file or charge any such violation as either a misdemeanor or infraction or reduce any charge filed as a misdemeanor to an infraction. Every day of such violation shall constitute a separate offense. (Ord. No. 1381, § 11.)
8.48.040 - Refuse and waste defined.
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"Refuse and waste matter" is defined for the purpose of this chapter as unused or discarded matter or material, and which consists of such matter and material as rubbish, refuse, debris, and matter of any kind, including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, trimmings from plants or trees, cans, bottles and barrels. Refuse and waste matter as defined, which by reason of its location and character is unsightly, or poses a threat of fire or vermin infestation and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community, or which would materially hamper or interfere with the prevention or suppression of fire upon the premises is declared a public nuisance. (Code 1965, § 11C-3.)
8.48.050 - Fire hazard.
All weeds, grasses, trees, rubbish, or any material growing upon private property within the city which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which when dry, will in reasonable probability constitute a fire hazard are declared a public nuisance.
(Code 1965, § 11C-4.)
8.48.060 - Unsanitary animals.
Any animals, fowl, or birds which, with concurrence of the city's animal control officer are kept or permitted to be kept in foul, offensive, obnoxious, filthy or unsightly conditions on any premises are declared a public nuisance. (Code 1965, § 11C-5.)
8.48.070 - Sewage on ground.
It is declared a nuisance to permit any part of the contents of any privy vault, cesspool, septic tank, water closet, urinal, pipe, sewer line, or any sewage, slop water or any other filthy water, matter or substance, to flow or discharge upon the ground or upon the surface of any lot or premises, or in any public street or other public place. (Code 1965, § 11C-6.)
8.48.080 - Building code violations.
All buildings, structures, or appendages, both permanent and temporary, maintained in violation of the uniform building codes adopted by the city, or subject to any of the following conditions are declared a public nuisance:
Buildings or structures, or parts thereof, not completed within a reasonable time as per the determination of the city's building official and for which the permit for such construction has expired;
Unoccupied buildings which are open to or unsecured from intrusion by persons, animals or the elements or which are boarded up by a method or by use of materials not approved by the city. Such methods and materials shall be as set forth in the policies of the code enforcement department; Fences or walls in a hazardous condition, or which are in disrepair, or which hinder free access to public sidewalks; Broken windows constituting hazardous conditions or inviting trespassers; Any violation listed in the State Housing Law at Section 17920.3 of the California Health and Safety Code, or any amendment thereto. (Code 1965, § 11C-7.)
8.48.090 - Zoning ordinance violations.
Any buildings, sign or other structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of the city's zoning ordinance, as amended, and any use of land, building, or premises established, conducted or operated or maintained contrary to the provisions of the city's zoning ordinance, as amended, is declared a public nuisance.
(Code 1965, § 11C-8.)
8.48.100 - Parking or placement on private property for purpose of sale.
Parking, setting down, or placing of any item(s), upon or within the limits of a parcel of land, that is vacant or upon which are present only vacant structure(s), by any person other than the owner of such parcel, under such circumstances as to present an offer of the item(s) for sale, when the offer of sale of the item(s) is to open to observation by persons who are within the public right-of-way, and when such offer of sale is contrary to the provisions of this Code including the city's Zoning Code, is declared a nuisance.
The owner or person in possession and control of such item(s) constituting a nuisance under this section who fails to comply with any written or other order to abate any such public nuisance shall, on the first such violation be guilty of an infraction and shall be subject to a fine not to exceed one hundred dollars; a fine not to exceed two hundred dollars shall be imposed upon conviction for a second violation of the same offense within one year shall constitute a 8/21/26, 3:19 PM Banning, CA Code of Ordinances
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misdemeanor punishable by a fine not to exceed one thousand dollars, six months in jail or both such fine and imprisonment. Every day of such violation shall constitute a separate offense.
For purposes of this section, "item" shall include, but is not limited to, any automobile, automotive part or accessory, trailer, any and all food items, decorative plant, toy, furniture, equipment, housewares, textile, clothing, jewelry, firewood, or art. (Code 1965, § 11C-8.1.)
8.48.110 - Graffiti.
Graffiti which is visible from adjacent properties or from a public street or right-of-way is declared a public nuisance. (Code 1965, § 11C-9.)
8.48.120 - Polluted water.
"Polluted water" is defined for the purpose of this chapter as water contained in a swimming pool, pond or other body of water, which contains any of the following:
organic matter conducive to bacterial growth including algae, remains of insects, remains of deceased animals, reptiles, rubbish, refuse and waste matter, debris, papers, or any other foreign matter or material which, because of its nature or location, constitutes an unhealthy, unsafe or unsightly condition. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted as defined, is declared a public nuisance.
(Code 1965, § 11C-10.)
8.48.130 - Stagnant water.
Any premises maintained so as to cause the accumulation of stagnant or still water, or any other condition which harbors and breeds mosquitoes or any other poisonous or objectionable insect is declared a public nuisance. (Code 1965, § 11C-11.)
8.48.140 - Insects—Vermin.
Any building, vacant lot, premises, vehicle, or place maintained in such a manner as to permit the breeding or harboring therein or thereon of flies, bedbugs, cockroaches, black widow spiders, lice, fleas or any other vermin is declared a public nuisance. (Code 1965, § 11C-12.)
8.48.150 - Noisy animals.
Any animal or fowl kept, maintained or permitted to remain on any lot or parcel of land which by any sound or cry disturbs the peace and comfort of any neighborhood, or interferes with one or more persons in the reasonable and comfortable enjoyment of life and property is declared a public nuisance. (Code 1965, § 11C-13.)
8.48.160 - Tree trimming.
Accumulations of limbs, branches, prunings, trimmings, stumps and parts of domestic or cultivated fruit trees, cut, removed, fallen or severed from such trees are declared a public nuisance.
(Code 1965, § 11C-14.)
8.48.170 - Infested trees.
Any fruit tree or ornamental tree or shrub infested with red, yellow, or black scale, mistletoe, mealy bug or other insect pests or diseases detrimental to agricultural crops, as determined by the Riverside agricultural commissioner, is declared a public nuisance. (Code 1965, § 11C-15.)
8.48.180 - Privies.
Any privy vault maintained in violation of this Code is declared a public nuisance. (Code 1965, § 11C-16.)
8.48.190 - Signs.
Every sign or advertising structure subject to any of the following conditions is declared a public nuisance:
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The sign or advertising structure was unlawfully erected on public or private property, or declared to be hazardous or unsafe by the building official; The sign or advertising structure advertises or is related to events which have already taken place; The sign was legally erected, but its use has ceased, or the structure upon which the display is placed has been abandoned by its owner, not maintained, or not used to identify or advertise an ongoing business for a period of ninety days or more; Signs legally erected which later become nonconforming as a result of the adoption of an ordinance on which the amortization period provided by the ordinance or other law has expired, and for which conformance has not been accomplished. (Code 1965, § 11C-17.)
8.48.200 - Obstruction to water.
Any structure, fence, conduit, wall, tree, masonry, pipe, lumber, or other material which obstructs or constitutes a hazard to the free flow of water through a stream, drainage channel, or watercourse is declared a public nuisance. (Code 1965, § 11C-18.)
8.48.210 - Property maintenance.
It is unlawful and it is declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any premises or property within the city to maintain such property in such a manner that any of the following conditions are found to exist thereon:
The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures; Buildings or structures which are partially destroyed, damaged, abandoned, or permitted to remain in a state of partial construction for more than six months after the issuance of a building permit, or any extension thereof; Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, sidewalks, or walkways which are maintained in such condition as to become defective, unsightly, cracked or no longer viable; Painted buildings and walls, retaining walls, fences or structures that require repainting, or buildings, walls, fences, or structures upon which the condition of the paint has become deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation; Any building or structure, wall, fence, pavement, or walkway upon which any graffiti, including paint, ink, chalk, dye, or other similar marking substances, is allowed to remain for more than twenty-four hours;
Broken windows;
The accumulation of dirt, litter, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, landscaped or other areas; Except where construction is occurring under a valid permit, lumber, junk, trash, garbage, salvage materials, rubbish, hazardous waste, refuse, rubble, broken asphalt or concrete, containers, broken or neglected machinery, furniture, appliances, sinks, fixtures or equipment, scrap metals, machinery parts, or other such material stored or deposited on property such that they are visible from a public street, alley, or neighboring property; Temporary service bins or construction debris storage bins stored in excess of fifteen days on a public street or any front or side yard setback area without the express approval of the community development director; Refuse or trash placed as to be visible from neighboring properties or streets, except for those times scheduled for collection, in accordance with this Code;
Any property with accumulations of grease, oil, or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps on to any public street or other public or private property, or which is likely to seep or migrate into the underground water table;
Any front yard, parkway, or landscaped setback area which lacks turf, other planted material, decorative rock, bark, or planted ground cover or covering as to cause excessive dust or allow the accumulation of debris; Any condition of vegetation overgrowth which encroaches into, over, or upon any public right-of-way, including but not limited to streets, alleys, or sidewalks, as to constitute either a danger to the public safety or property or any impediment to public travel; Overgrown, dead, decayed, or hazardous vegetation which:
May harbor rats, vermin, or other disease carriers,
Is maintained as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic, Constitutes a fire hazard to any building, improvement, crop, or other property, Constitutes an unsightly appearance, or
Creates a danger or attractive nuisance to the public;
Land, which the topography or configuration of which, in any man-made state, whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other properties which does or may result in erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to public health, safety and welfare or to neighboring properties; Any other condition declared by any state, county, or city statute, Code, or regulation to be a public nuisance; 8/21/26, 3:19 PM Banning, CA Code of Ordinances
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Any building, use or structure wherein one or more persons engage, or have engaged, in two or more acts which are prohibited pursuant to the laws of the State of California, the provisions of this Code or any other penal ordinance of this city, including but not limited to the following acts:
Unlawful possession or use of controlled substances;
Prostitution;
Gambling; or
Solicitation for any unlawful conduct.
(Code 1965, § 11C-19.)
8.48.220 - Smoke and soot.
Any excessive smoke, soot or cinders permitted to be emitted from any engine, firebox, stove, furnace, chimney or smokestack in a manner so as to annoy any resident of the neighborhood and which in the opinion of the city's fire marshal constitutes a fire hazard, or to operate any engine or machinery using fuel oil, emitting offensive odors, or smoke or soot which extends to dwelling houses in the neighborhood to such an extent as to render their occupancy materially uncomfortable, or to interfere with the use and comfortable enjoyment of property is declared a public nuisance. (Code 1965, § 11C-20.)
8.48.230 - Internal combustion engines.
Any stationary internal combustion engine used, run, or otherwise operated within three hundred feet of any private residence, roominghouse or lodginghouse without first obtaining the consent of all persons residing within such distance is declared a public nuisance; provided, that such consent shall be unnecessary if the exhaust and noise therefrom is muffled so as to prevent the emission of any excessive soot, smoke or noise. This section shall not apply to the use of generators during public emergencies.
(Code 1965, § 11C-21.)
8.48.240 - Salvage materials.
Any lumber, junk, trash, debris, refuse, matter, waste matter or other salvage materials, visible from a public right-of-way or adjoining property is declared a public nuisance.
(Code 1965, § 11C-22.)
8.48.250 - Attractive nuisances.
It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain on any such premises or property any condition that constitutes an attractive nuisance, including, but not limited to, abandoned, broken, or neglected equipment and machinery, pools, ponds, excavations, abandoned wells, shafts, basements, or other holes, abandoned refrigerators or other appliances, abandoned motor vehicles, any unsound structure, or accumulated lumber, trash, garbage, debris, or vegetation which may reasonably attract children to such abandoned or neglected conditions.
(Code 1965, § 11C-23.)
8.48.260 - Household fixtures.
Abandoned or discarded furniture, appliances, play equipment or other household fixtures or other equipment, stored so as to be visible from public right-of-way or from adjoining property is declared a public nuisance.
(Code 1965, § 11C-24.)
8.48.270 - Clotheslines.
Clotheslines in front or side yard areas of corner lots or clothes hung to dry on walls, fences, trees, bushes or carport areas where such is viewable from the public right-of-way are declared a public nuisance.
(Code 1965, § 11C-25.)
8.48.280 - Materials stored on roofs.
Materials or items of any type stored on roofs and visible from the public right-of-way are declared a public nuisance. (Code 1965, § 11C-26.)
8.48.290 - Discarded materials.
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Garbage or trash cans, containers or plastic bags stored in front or side yards, visible from the public right-of-way, or which cause offensive odors are declared a public nuisance.
(Code 1965, § 11C-27.)
8.48.300 - Overgrown plants.
Any dead, decayed, diseased or hazardous trees, hedges, weeds, shrubs and overgrown vegetation, cultivated or uncultivated, which are likely to harbor rats or vermin, which constitutes an unsightly appearance, which are detrimental to neighboring properties or property values, or which are grown over the public right-of-way and impair vehicular or pedestrian traffic are declared a public nuisance. (Code 1965, § 11C-28.)
8.48.310 - Lack of water and electricity to occupied residential unit.
Any structure occupied as a residence to which a regular and lawful flow of water, or to which a lawful flow of electricity has not been provided for seventy-two hours is declared a public nuisance.
(Code 1965, § 11C-28.1.)
8.48.320 - Operation of private water well.
In order to safeguard the quantity and quality of the water supply, it is declared that any private water well, whether for injection, extraction or observation, established in the city after date of this chapter is a nuisance unless otherwise agreed by the city and the owner of the well prior to commencement of the drilling of such well. This section shall supersede any inconsistent provisions of Chapter 32A of the Banning Ordinance Code. (Code 1965, § 11C-28.2.)
8.48.330 - Manufacture or sales of drugs.
Any real or personal property utilized in the manufacture, sales, or storage of any drug which is illegal under any state or federal law is declared a nuisance. This section shall not apply to the manufacture, sale or storage of marijuana or cannabis permitted under Chapters 5.33, 5.34, and 5.35 of this Code. (Code 1965, § 11C-28.3.; Ord. No. 1506, § 2, 3-14-17)
(Ord. No. 1455, § 2(b), 10-9-12; Ord. No. 1505, § 2, 12-12-16; Ord. No. 1577, § 11, 9-28-21)
8.48.340 - Abandoned, wrecked, dismantled, or inoperative vehicles.
It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to permit, accumulate or store on such premises or property (not including highways) any abandoned, wrecked, dismantled, or inoperative vehicle, except as expressly provided in the Municipal Code or any applicable state or federal law. (Code 1965, § 11C-28.4.)
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Art Vela, Director of Public Works
Jennifer Terry, Finance Director
MEETING DATE: September 8, 2026
SUBJECT: Consideration of Resolution 2026-125, Awarding Professional Services Agreements to Spicer Consulting Group, LLC for Community Facility District and Tax Consulting Services in a Not-to-Exceed Amount of $526,000 for a Five-Year Term and Rejecting All Other Proposals STAFF RECOMMENDATION:
Adopt Resolution 2026-125
BACKGROUND:
Community Facilities Districts (CFDs), commonly referred to as Mello-Roos districts, provide local agencies with a mechanism to levy special taxes within a defined geographic area to finance eligible public facilities and services. Services CFDs may be used to fund enhanced municipal services, including police and fire protection, as well as other services needed to support new development.
Additionally, CFDs can be created to fund the maintenance of public facilities (e.g., streetlights, street sweeping, landscape maintenance, etc.) installed as part of new development.
A well-administered CFD program can help ensure that new development contributes toward the increased cost of providing municipal services to growing areas of the City. This reduces the potential impact of new development on the City’s General Fund and helps maintain appropriate service levels for both existing and future residents and businesses.
The creation of a robust CFD program was identified as part of the City’s Strategic Plan under Strategic Initiative 4a, Banning’s Workout Plan to Fiscal Sustainability. Retaining a qualified CFD and tax consultant will provide the City with specialized technical support to establish, administer, and maintain CFDs in a consistent, legally compliant, and financially sustainable manner.
In addition to CFD formation and administration services, the scope of work under this agreement will also include the ongoing administration of the City's existing special districts such as Landscape Maintenance District No. 1, ensuring consistent assessment management, levy coordination, reporting, and compliance with applicable requirements.
The City issued Request for Proposals No. 26-137 for Community Facilities District and Tax Consulting Services through the City’s ProcureNow / OpenGov procurement system. The solicitation was posted on June 15, 2026, and proposals were due on July 8, 2026. The City received four responsive bidders to the solicitation, which were ranked as follows:
1. Spicer Consulting Group, LLC
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2. NBS
3. C. Financial Investment, Inc.
4. Willdan Financial Services
An evaluation committee reviewed and scored the proposals based on the firms’ qualifications, relevant experience, proposed approach and methodology, ability to provide the required services, professional references, value-added services, and pricing.
Based on the results of the evaluation process, staff recommends awarding a Professional Services Agreement with a 5-year term to Spicer Consulting Group, LLC, in an amount not to exceed $526,000 throughout the term. Spicer Consulting Services received the highest overall ranking and demonstrated the qualifications, experience, and technical capabilities necessary to support the City’s CFD program, administer the City’s Landscape Maintenance District No. 1, and provide the services identified in the RFP.
As outlined in the fiscal impact section of this report, most of the costs of the proposed agreement will be borne by developers or established districts. The amount identified below as being paid by the General Fund, $23,000, may be subject to reimbursement by a developer.
JUSTIFICATION:
Awarding the agreement to Spicer Consulting Services will provide the City with specialized expertise to support the formation, implementation, and ongoing administration of its CFD program, as well as the administration of existing special districts. These services will assist the City with establishing appropriate special tax structures, completing required calculations and reporting, maintaining accurate district records, and ensuring compliance with applicable legal and procedural requirements.
Spicer Consulting Group, LLC was the highest-ranked proposer following the City’s competitive evaluation process. The firm’s qualifications, relevant experience, proposed approach, and ability to provide the requested services were determined to offer the best overall value to the City.
The proposed agreement will also advance Strategic Initiative 4a by helping the City develop a reliable and sustainable mechanism for recovering the costs of providing services to new development.
FISCAL IMPACT:
The Professional Services Agreement with Spicer Consulting Group, LLC is for an amount not to exceed $526,000. Funding for the in the amount of $45,000 (see tasks and amounts with asterisks), will be included in the Fiscal Year 2026/27 Proposed Operating Budget. The remaining amounts are as needed and will be requested in future budget updates. The breakdown is as follows:
Task FrequencyPaid By
Annual
Cost
Proposed
Quantity
Extended
Amount
Public Safety Fiscal Impact
Analysis* One-Time General Fund$13,500*
1 $13,500
Public Safety Formation* One-Time General Fund
$9,500*
1 $9,500
Total Costs Paid by
General Fund* $23,000* $23,000
Facilities Formation As Needed Paid by
Developer $25,000
3 $75,000
541
additional improvement
areas
As Needed Paid by
Developer $5,000
2 $10,000
Maintenance Formation
landowner
As Needed Paid by
Developer $15,000
1 $15,000
Maintenance Annexation As Needed Paid by
Developer $12,500
10 $125,000
Public Safety Annexation As Needed Paid by
Developer $10,000
5 $50,000
Total Costs Paid by Developer (no
impact on General Fund) $67,500 $275,000
Facilities CFD Monitoring
(per improvement area)
Annual Paid by District $7,500(3*$7,500)*4
$90,000
Maintenance CFD
Commercial per zone
Annual Paid by District $500(11*$500)*4
$22,000
Public Safety per
Annexation
Annual Paid by District $500(6*$500)*4
$12,000
All 11 Zones in LMD 1* Annual Paid by District $11,000* $5,000+
(4*$11,000) $49,000
Improvement District 2004-
1*
Annual Paid by District $4,500*5
$22,500
CSA 152* Annual Paid by District $6,500*5
$32,500
Total Costs Paid by Districts (no
impact on General Fund) $30,500 $228,000
Total Not-to-Exceed
$526,000
ATTACHMENTS:
1. Reso_2026-125.docx
2. RFP_26-137_CFD_&_Tax_Consulting_Services_-_SCG_Response.pdf
3. V.C_Price_Proposal.pdf
4. Contract No C01295 - SCG Spicer Consulting Group, LLC - CFD & Tax Consulting Services - Clean Copy.docx
542
Resolution 2026-125
RESOLUTION 2026-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AWARDING PROFESSIONAL SERVICES AGREEMENTS TO SPICER CONSULTING
GROUP, LLC FOR COMMUNITY FACILITIES DISTRICT AND TAX CONSULTING SERVICES IN A NOT-TO-EXCEED AMOUNT OF $526,000 FOR A FIVE YEAR TERM
AND REJECTING ALL OTHER PROPOSALS
WHEREAS, Community Facilities Districts provide the City with a mechanism to finance eligible public facilities and services through the levy of special taxes within defined geographic areas; and
WHEREAS, a properly structured and administered Community Facilities District program can help ensure that new development contributes toward the cost of providing additional municipal services, including police protection, fire protection and other eligible services; and
WHEREAS, the development of a robust Community Facilities District program was identified in the City’s Strategic Plan under Strategic Initiative 4a, Banning’s Workout Plan to Fiscal Sustainability; and
WHEREAS, the City also requires professional assistance with the ongoing administration of existing special districts, including assessment calculations, levy coordination, reporting, recordkeeping, and compliance with applicable requirements; and
WHEREAS, on June 15, 2026, the City issued Request for Proposals No. 26-137 for Community Facilities District and Tax Consulting Services through the City’s ProcureNow /OpenGov procurement system; and
WHEREAS, proposals were due on July 8, 2026, and the City received four (4) responsive bidders to the solicitation; and
WHEREAS, an evaluation committee reviewed and scored the proposals based on the firm’s qualifications, relevant experience, professional references, proposed approach and methodology, ability to provide the required services, value-added services, and pricing; and
WHEREAS, Spicer Consulting Group, LLC received the highest overall ranking and demonstrated the qualifications, experience, technical capabilities, and proposed approach necessary to provide the requested services; and WHEREAS, City staff recommends awarding a Professional Services Agreement to Spicer Consulting Services in an amount not to exceed $526,000 for Community Facility District and Tax Consulting services for a five-year term; and 543
Resolution 2026-125
WHEREAS, Funding for the immediate tasks, totaling $45,000, will be included in the Fiscal Year 2026/27 Proposed Operating Budget. The remaining amounts are as needed and will be requested in future budget updates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Professional Services Agreements with Spicer Consulting Group, LLC for Community Facilities District administration, existing district administration, and tax consulting services for a five-year term in a not-to-exceed amount of $526,000, and rejects all other proposals received in response to RFP No. 26-137.
SECTION 2. City Council authorizes the City Manager or designee to make necessary non-substantive revisions to the agreement, execute the agreement and related task orders, purchase orders, and documents necessary to implement the agreement, and make necessary budget adjustments, appropriations, transfers, and account coding assignments related to Community Facilities District (CFD) and Tax Consulting Services.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED, AND ADOPTED this 8
th day of September 2026.
Richard Royce, Mayor
City of Banning
ATTEST:
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
Phaedra Norton, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
544
Resolution 2026-125
CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-125, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8
th day of September 2026 by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
545
Resolution 2026-125
Exhibit A
Draft Agreements
546
COMMUNITY FACILITIES DISTRICT
RE: RFP 26-137 COMMUNITY FACILITIES DISTRICT (CFD)
& TAX CONSULTING SERVICES
City of Banning, California
99 E. Ramsey Street
Banning, California 92220.
547
2 TABLE OF CONTENTS
V.A COVER LETTER 3
EXECUTIVE SUMMARY 4
V.B PROPOSAL 5
A. STATEMENT OF UNDERSTANDING AND APPROACH
B. COMPANY INFORMATION
C. COMPANY PERSONNEL
D. DISCLOSURE
E. EXPERIENCE AND REFERENCES
V.C PRICE PROPOSAL 18
V.D VALUE ADDED SERVICES 19
V.E EVIDENCE OF INSURANCE 21
V.F VENDOR FORMS 21
V.G TYPE OF BUSINESS 21
V.H LEGAL COMPANY NAME 21
V.I EX PARTE COMMUNICATIONS CERTIFICATION 21
V.J EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED 21
V.K DEBARRED, SUSPENDED, DISQUALIFIED QUESTIONNAIRE 21
V.L DEBARRED, SUSPENDED, DISQUALIFIED QUESTIONNAIRE CONTINUED 21 V.M DISCLOSURE OF GOVERNMENT POSITIONS 21
V.N CERTIFICATION COMPLIANCE 21
APPENDICES 22
548
V.A COVER LETTER
June 29, 2026
Ellen Clifford, Purchasing Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: Proposal for RFP 26-137 - Community Facilities District (CFD) & Tax Consulting Services Dear Ms. Clifford:
Spicer Consulting Group, LLC (SCG) is pleased to submit this proposal to provide Community Facilities District (CFD), Landscape Maintenance District (LMD), Assessment District, and special district administration services for the City of Banning.
Earlier this year, SCG had the opportunity to present to the Banning City Council regarding the use of Community Facilities Districts as a long-term financing strategy for future development and public infrastructure. Following that presentation, the City Council unanimously expressed its support for pursuing CFDs as a financing tool. We appreciate the opportunity to now assist the City in implementing that vision by providing comprehensive formation, administration, and financing support for the City’s special district program.
SCG understands that the City’s needs extend beyond annual levy calculations. Successful special district administration requires responsive client service, accurate financial administration, dependable technology, and a consultant capable of supporting the City as its financing programs continue to evolve. Our team currently administers more than 830 special financing districts, improvement areas, and assessment zones representing approximately 1.44 million parcels and more than $187 million in annual special taxes and assessments throughout Southern California.
Our proposal reflects a comprehensive approach to supporting the City’s existing and future special district programs. In addition to annual administration of Community Facilities Districts and Landscape Maintenance District No. 1, we have included optional services for Improvement District No. 2004-1 and County Service Area No. 152 administration, providing the City with a single consultant capable of managing its entire special district portfolio. SCG’s proprietary technology platform, including STAX, District Manager, Property Finder, and GIS-based quality assurance tools, provides efficient administration, enhanced transparency, and multiple layers of quality control that improve accuracy while reducing administrative effort for City staff.
SCG has built its reputation by delivering responsive service, maintaining long-term client relationships, and consistently meeting project schedules. Our experienced team includes professionals specializing in district formation, annexations, bond financing, annual administration, disclosure reporting, GIS mapping, financial analysis, and property owner support. We believe our experience, technology, and commitment to client service make SCG uniquely qualified to serve as the City’s long-term partner.
Thank you for your consideration of our proposal. We appreciate the opportunity to continue working with the City of Banning and look forward to discussing how SCG can support the City’s current needs and future financing initiatives. Should you have any questions or require additional information, please feel free to contact me directly. .
Sincerely,
Spicer Consulting Group, LLC
Shane Spicer
Managing Director / Project Manager
Phone: 951-520-3331
Email: [email protected]
3 549
Spicer Consulting Group, LLC (SCG)
appreciates the opportunity to submit
this proposal to provide Community
Facilities District (CFD), Landscape
Maintenance District (LMD), Assessment
District, and special district consulting
and administration services for the City
of Banning.
Earlier this year, SCG had the opportunity
to present to the Banning City Council
regarding the use of Community Facilities
Districts as a long-term financing strategy
for future development. Following
that presentation, the City Council
unanimously supported pursuing CFDs
as a financing tool. This proposal builds
upon that effort by providing the City with
a comprehensive approach to forming,
financing, and administering its existing
and future special district programs.
Unlike firms that specialize in only one
aspect of special district consulting,
SCG provides the complete lifecycle of
district services, including fiscal impact
analyses, Community Facilities District
formation, annexations, bond financing
support, annual administration,
Landscape Maintenance District
administration, Assessment District
administration, County Service Area
administration, continuing disclosure,
GIS services, property owner support,
and long-term financial administration.
This integrated approach provides
continuity, reduces consultant
transitions, and allows the City to
work with a single experienced team
throughout the life of each district.
SCG currently administers more
than 830 special financing districts,
improvement areas, and assessment
zones representing approximately
1.44 million parcels and more than
$187 million in annual special taxes
and assessments for public agencies
throughout Southern California. Our
clients include the County of Riverside,
the Cities of Beaumont, Chula Vista,
Corona, Lake Elsinore, Menifee, Murrieta,
San Bernardino, Santee, Wildomar, and
numerous other public agencies.
To support the City’s long-term objectives,
SCG has assembled a senior-level team
with extensive experience in district
formation, annual administration,
annexations, bond financing, municipal
disclosure, financial analysis, GIS mapping,
and property owner services. Our
proprietary technology platform, including
STAX, District Manager, Property Finder,
and our GIS-based quality assurance
system, provides multiple layers of quality
control, improves operational efficiency,
enhances public transparency, and
reduces administrative effort for City staff.
In addition to the services requested
in the RFP, SCG has included optional
services for the administration of
Improvement District No. 2004-1
and County Service Area No. 152,
providing the City with the flexibility
to consolidate its special district
administration under a single consultant
as future needs arise.
SCG’s proposal reflects our
commitment to responsive client
service, technical excellence, and
long-term partnerships with our
clients. We appreciate the opportunity
to continue working with the City
of Banning and look forward to
assisting the City in implementing and
administering a comprehensive special
district program that supports future
growth while protecting existing
taxpayers.
Why SCG?
P Presented the City’s CFD financing
strategy to the City Council earlier
this year.
P One consultant for CFD, LMD,
Improvement District, and CSA
administration.
P Administers 830+ special financing
districts representing 1.44 million
parcels.
P Proprietary STAX, District Manager,
Property Finder, and GIS technology.
P Experienced transition team with
proven implementation throughout
Southern California.
4 EXECUTIVE SUMMARY
550
5 A. Statement of Understanding
and Approach
Statement of Understanding
SCG understands the City of Banning is
seeking a long-term consulting partner
to assist with the implementation,
formation, financing, and administration
of its Special District Program.
Based on the original Request for
Proposals and subsequent addenda,
SCG understands the City’s needs
extend beyond CFD formation to
include ongoing administration of
Landscape Maintenance District No.
1, assessment engineering services,
and comprehensive special district
consulting to support the City’s
continued growth and long-term
financial sustainability.
Earlier this year, SCG had the
opportunity to present to the Banning
City Council on the use of Community
Facilities Districts as a financing tool to
fund public infrastructure, public safety,
and maintenance services associated
with future development. Following
that presentation, the City Council
unanimously supported pursuing
CFDs as a financing mechanism. This
proposal represents the next step in
implementing that vision by providing
the City with an integrated program
for district formation, financing,
administration, and long-term
management.
SCG’s objective is to provide the City
with a single, experienced consultant
capable of supporting every phase of
its Special District Program. Rather
than relying on multiple consultants
to perform formation, administration,
assessment engineering, bond support,
GIS mapping, disclosure reporting, and
property owner services, SCG provides
these services through one coordinated
team working under a single project
manager. This integrated approach
improves communication, enhances
quality control, reduces administrative
effort, and provides consistent service
throughout the life of each district.
SCG recognizes that this engagement
includes not only providing ongoing
administration services, but also
successfully transitioning existing
district records, databases, historical
documents, and annual procedures. Our
transition process is designed to ensure
continuity of service, maintain existing
project schedules, preserve institutional
knowledge, and provide a seamless
transfer with minimal staff involvement.
Our Approach
SCG believes successful Special District
Programs are built on four fundamental
principles:
• Develop financing programs that
are equitable, legally defensible, and
capable of supporting long-term
growth.
• Administer districts accurately,
efficiently, and transparently while
maintaining the highest level of
quality assurance.
• Provide responsive support to City
staff, developers, property owners,
and other stakeholders throughout
the life of each district.
• Leverage technology to improve
efficiency, increase transparency, and
reduce administrative risk.
Our team functions as an extension
of City staff, providing practical
recommendations and responsive
service while maintaining complete
accountability for project schedules,
deliverables, and ongoing
administration.
SCG proposes a comprehensive service
program that includes:
• Community Facilities District
formation for public infrastructure,
maintenance services, and public
safety services.
• Annual administration of future
Community Facilities Districts,
including bonded and non-bonded
districts.
• Annual administration of Landscape
Maintenance District No. 1, including
preparation of the annual Engineer’s
Report, levy calculations, County
enrollment, and Council proceedings.
• Bond financing support, continuing
disclosure, and post-issuance
compliance.
• GIS mapping, parcel database
management, levy audit mapping,
and property owner support utilizing
SCG’s proprietary technology
platforms.
Comprehensive Funding Strategy
SCG recommends implementing a
coordinated financing strategy that
allows the City to recover the full cost
of growth while protecting existing
residents and the General Fund.
V.B PROPOSAL
551
6 Facilities CFD
Project-specific Facilities CFDs provide a
flexible financing mechanism for public
infrastructure required to support new
development, including transportation
improvements, water, sewer, storm
drainage, parks, public buildings,
and other eligible capital facilities.
SCG will assist the City in developing
financing structures that accommodate
reimbursement agreements, phased
development, multiple improvement
areas, and future bond issuances.
Public Safety CFD
A citywide annexation Public Safety
CFD provides a sustainable funding
source for police, fire, emergency
medical response, and other
eligible public safety services. Prior
to formation, SCG will prepare a
comprehensive Fiscal Impact Analysis to
evaluate the relationship between future
development, General Fund revenues,
and the cost of providing public safety
services. The results of the analysis
will establish an equitable special
tax structure that protects the City’s
existing taxpayers while ensuring new
development pays its proportional share
of future service demands.
Maintenance Services CFD
SCG recommends establishing a
citywide annexable Maintenance
Services CFD to recover the longterm cost of maintaining public improvements constructed with new
development. Individual Tax Zones
can be established for each project
to ensure only benefiting properties
pay for the services they receive. The
program may include separate special
taxes for City-maintained improvements
and contingency funding for privately
maintained improvements should
maintenance responsibilities ever revert
to the City.
Comprehensive Administration Services
SCG views annual administration as more
than preparing annual levies. Successful
administration requires financial
management, regulatory compliance,
assessment engineering coordination,
GIS integration, technology, and
responsive customer service. Our goal
is to provide the City with a proactive
administration program that protects
revenues, maintains compliance, and
supports long-term growth.
Through STAX, District Manager,
Property Finder, and our GIS platform,
SCG delivers a fully integrated
administration program capable
of managing Community Facilities
Districts, Landscape Maintenance
Districts, Assessment Districts, and
other special financing programs
through a single technology platform.
Streamlined Annexation Process
SCG employs a structured and efficient
8-step annexation process for all new
developments, including:
1. Eligibility Review
2. Application & Deposit Submission
3. Tax Zone and Service Scope
Determination
4. RMA and Document Preparation
5. City Council Authorization
6. Recordation and Enrollment with
the County
7. Maintenance Exhibits and
GIS Mapping
8 Ongoing Monitoring and Annual
Tax Adjustments
This process ensures legal compliance,
accurate cost recovery, and consistent
experience for City staff, developers,
and property owners.
SCG’s experience in managing more
than 800,000 parcels across 750+
special districts, many with similar
three-CFD frameworks, ensures a
proven, adaptable solution for the City.
Our commitment is to build a stable
and transparent funding platform that
supports long-term fiscal sustainability,
equitable growth, and exceptional
service delivery.
552
7 Transition and Program
Implementation
Upon contract award, SCG will work
closely with City staff to ensure a
seamless transition of Landscape
Maintenance District No. 1 and establish
the framework for future
CFD administration. Our transition
process is designed to minimize
disruption while ensuring complete
continuity of annual levy administration
and future district formations.
Transition activities include:
• Review of existing Engineer’s Reports
and assessment methodologies
• Transfer and validation of parcel
databases
• Review of annual budgets and
maintenance costs
• GIS verification of district boundaries
and zones
• Review of County enrollment
procedures
• Integration into STAX and
District Manager
• Coordination with City staff regarding
annual levy schedules
• Establishment of long-term
administration calendars
• Preparation for future CFD formations
and annexations
City Staff Responsibilities
SCG’s objective is to minimize demands
on City staff by managing the day-today administration of each assignment.
We anticipate requesting only the
information necessary to complete
the requested services, such as
existing district documents, budgets,
development information, financial
data, maintenance cost estimates, and
other records maintained by the City.
SCG will coordinate directly with the
City’s designated project manager and
appropriate departments to obtain
information, review assumptions,
and schedule meetings, allowing City
staff to remain focused on their core
responsibilities while maintaining
appropriate oversight of the program.
Use of City Facilities or Property
SCG does not anticipate requiring the
use of City-owned facilities, equipment,
or property to perform the requested
services. Work will be performed
from SCG’s Murrieta office utilizing
our personnel, technology platforms,
and software systems. SCG will attend
meetings at City Hall, project sites, or
other City facilities as requested and
will coordinate closely with City staff
throughout the engagement.
B. Company Information
Spicer Consulting Group, LLC is
a public finance consulting firm
located in Murrieta, California, with a
primary focus on providing municipal
finance, assessment engineering,
special tax consulting, CFD formation,
special district administration, and
development financing services to
public agencies throughout Southern
California.
SCG is a privately held limited liability
company that works exclusively for
public agencies and not for private
developers. This public-agencyonly focus allows SCG to provide independent advice to its clients
and to structure financing solutions
that protect the interests of public
agencies, property owners, taxpayers,
and bondholders while maintaining
complete independence throughout
the financing process.
SCG specializes in formation,
administration, annexation, annual
reporting, bond sale support,
disclosure support, GIS mapping,
parcel database management, property
owner support, public safety funding
analyses, fiscal impact analyses,
proprietary technology solutions for
CFDs, assessment districts, landscape
maintenance districts, street lighting
districts, sewer districts, county
553
8 Item Response
Company Name Spicer Consulting Group, LLC
Business Type Limited Liability Company (LLC) / Municipal Finance Consulting Firm Main Office 41880 Kalmia Street, Suite 145, Murrieta, CA 92562 Main Office Phone 855-581-0743
Primary Contact Shane Spicer, Managing Director / Project Manager Direct Phone 951-520-3331
Email [email protected]
Website www.spicercg.com
Services Assessment Engineering, Special Tax Consulting, CFD Formation, CFD Administration, Annual Levy Administration, GIS Mapping, Fiscal Impact Analysis, Bond Support
Years in Business SCG was founded in 2016 and has become one of Southern California’s leading municipal finance consulting firms specializing exclusively in Community Facilities Districts, Assessment Districts, annual administration, and development financing.
Bankruptcy Statement SCG has not filed for bankruptcy under any business name during the past five years.
California Authorization SCG is authorized to conduct business in California and will provide evidence of active registration and good standing as required.
service areas, public service districts,
maintenance districts, and related public
financing programs.
SCG’s services span the complete
lifecycle of special district financing,
from fiscal impact analyses and district
formation through bond financing,
annual administration, continuing
disclosure, and long-term district
management.
Litigation, Mediation, Arbitration,
Claims, or Disciplinary Actions
SCG is not aware of any litigation,
mediation, or arbitration regarding
the performance of services similar
to those requested in this RFP during
the past five years that would impair
SCG’s ability to perform the requested
services. SCG is not aware of any claims
or disciplinary actions against the firm
or key personnel relating to licenses,
certifications, or the performance of
the services requested.
SCG At a Glance
Experience
Public Agency Clients 13
District Funds Administered 830+
Parcels Administered 1.44 Million
Annual Levy $187 Million
CFD Formations 80+
CFD Annexations 270+
Bond Sales / Refundings 50+
554
9 Associate Title Years Primary Responsibility
Shane Spicer Managing Director / Principal-in-Charge 21 Executive Oversight, CFD Formation & Bond Financing Jonathan Short Senior Finance Manager / Project Manager 11 Annual Administration & QA/QC Christina Ramirez Lead Analyst / Assistant PM 7 Annual Administration & Property Owner Services Mikel Spicer Financial Analyst / GIS Manager 8 GIS, Technology & Parcel Administration James Kim Senior Financial Analyst 7 QA/QC, Disclosure & Financial Analysis Alejandra Landaverde Project Coordinator 2 Project Coordination & Client Support Anthony Delgadillo GIS Specialist 2 GIS Mapping & Database Support Francisco Martinez Assessment Engineer 31 Reviews and Certifies Engineer’s Reports C. Company Personnel
SCG proposes a senior-level team with
direct experience in CFD formation,
annual administration, annexations,
bond support, disclosure reporting,
parcel database management, GIS
mapping, and property owner support.
Key personnel will be available for the
duration of the engagement and will not
be removed or replaced without City
concurrence, to the extent required by
the final agreement. The City will have
direct access to senior staff throughout
the engagement without layers of
project management or account
representatives.
Qualifications of the proposed key
personnel are provided below. The
following summaries identify each
team member’s role on the project,
representative responsibilities, and
relevant experience supporting CFD
formation, administration, bond
financing, and special tax consulting
services. SCG is committed to
assigning the individuals identified
herein throughout the duration of the
engagement, subject to the terms of
the final agreement.
555
10 Shane Spicer
Managing Director / Principal-in-Charge
Years of Experience: 21
Shane Spicer will serve as Principal-inCharge and Client Services Manager for the City of Banning, providing executive
oversight of all services performed
under the agreement. He will serve as
the City’s primary point of contact and
will be responsible for overall contract
administration, project management,
quality assurance/quality control (QA/
QC), and the timely delivery of all
project deliverables. Shane provides
strategic guidance on CFD formations,
annexations, special tax methodologies,
public financing strategies, bond
financings, fiscal impact analyses, and
long-term district administration.
Shane will work directly with City
staff, developers, bond financing
teams, and legal counsel throughout
the formation and administration
process, providing policy guidance
and technical recommendations while
ensuring each assignment is completed
in accordance with applicable laws,
City policies, and project schedules.
His extensive experience presenting
before City Councils, governing
boards, and public stakeholders
enables him to communicate complex
financing concepts in a practical and
understandable manner.
With more than 21 years of municipal
finance experience, Shane has managed
hundreds of district formations,
annexations, bond financings, and annual
administration assignments throughout
Southern California. He currently serves
as Client Manager for all SCG agency
clients and oversees the administration of
more than 830 special financing districts
representing approximately 1.44 million
parcels and over $187 million in annual
special tax levies.
Representative Agency Experience:
Riverside County Office of Economic
Development; City of Beaumont;
City of Chula Vista; City of Corona;
City of Lake Elsinore; City of Menifee;
City of Murrieta; City of San Bernardino;
City of Santee; City of Wildomar.
Education:
MBA, Business Administration, Emphasis
in Finance, California State University
San Bernardino
BS, Physical Science, Emphasis in
Mathematics, California Baptist College
Professional Organizations:
California Society of Municipal Finance
Officers (CSMFO); Commission on
Assessments, Special Taxes and Other
Financing Facilities (CASTOFF); California
Special Districts Association (CSDA)
Jonathan Short
Senior Finance Manager / Project
Manager
Years of Experience: 11
Jonathan Short will serve as Project
Manager and oversee the day-to-day
administration of the City’s future
CFD program. He is responsible for
managing annual administration
services, special tax calculations, levy
preparation, budget and fund analysis,
annual reporting, tax roll coordination,
disclosure support, and implementation
of SCG’s quality assurance and quality
control procedures.
Jonathan works closely with project
managers and analytical staff to develop
accurate levy models, review parcel
data, validate special tax calculations,
and ensure compliance with County
enrollment requirements and applicable
municipal finance regulations. He also
oversees project schedules, supervises
analytical staff, and coordinates the
preparation and review of annual
administrative deliverables.
With more than 11 years of municipal
finance experience, Jonathan oversees
SCG’s annual administration program
across all agency clients and plays a
critical role in maintaining standardized
administrative procedures, data
integrity, and consistent service delivery
throughout the firm’s portfolio. Jonathan
also spent eight years in the United
States Marine Corps, gaining valuable
experience in leadership, work ethic,
accountability, and attention to detail.
Representative Agency Experience:
Riverside County Office of Economic
Development; City of Beaumont;
City of Chula Vista; City of Corona;
City of Lake Elsinore; City of Menifee;
City of San Bernardino; City of Santee;
City of Wildomar.
Education:
BS, Business Administration, Emphasis
in Finance, California State Polytechnic
University, Pomona
Professional Organizations:
California Society of Municipal Finance
Officers (CSMFO); Commission on
Assessments, Special Taxes and Other
Financing Facilities (CASTOFF);
556
11 Christina Ramirez
Financial Analyst / Assistant Project
Manager
Years of Experience: 7
Christina Ramirez will serve as Assistant
Project Manager and Financial
Analyst, supporting the day-to-day
administration of the City’s future CFD
program. She is responsible for annual
levy preparation, district budgeting,
parcel research, annual administration
services, client coordination, property
owner assistance, title company
support, and preparation of annual
administrative reports.
Christina currently serves as Project
Manager for SCG’s administration
services for the Cities of Menifee,
Wildomar, Santee, and Coachella, where
she coordinates annual administration
activities and works directly with agency
staff to ensure timely completion of
project deliverables. She also provides
bilingual customer service and serves as
SCG’s primary Spanish-speaking liaison
for property owner inquiries.
Her strong analytical skills, attention to
detail, and commitment to responsive
client service make her an integral
member of SCG’s administration team.
Representative Agency Experience:
City of Menifee; City of Wildomar;
City of Santee; City of Coachella;
City of Murrieta.
Mikel Spicer
Lead Analyst / GIS Manager
Years of Experience: 8
Mikel Spicer will serve as GIS Manager
and Lead Analyst, responsible for all
geographic information system (GIS)
services and technology integration
supporting the City’s future CFD
program. He manages SCG’s GIS
platform, including parcel database
development and maintenance,
boundary mapping, annexation exhibits,
levy audit maps, assessment diagrams,
spatial analysis, and GIS quality
assurance.
Mikel also administers SCG’s proprietary
technology platforms, including
STAX, District Manager, and Property
Finder, integrating parcel data, tax roll
information, and mapping resources
into a unified management system
that improves efficiency, accuracy,
and transparency. He prepares annual
GIS audit maps, boundary maps for
recorded documents, KML files for
project research, and parcel-level quality
control reports supporting annual
levy administration, CFD formations,
annexations, and bond financings.
His expertise in GIS technology,
database management, and workflow
automation enables SCG to deliver
highly accurate mapping products
while providing the City with modern
technology solutions that enhance longterm district administration.
Representative Agency Experience:
Riverside County Office of Economic
Development; City of Beaumont;
City of Chula Vista; City of Corona;
City of Lake Elsinore; City of Menifee;
City of San Bernardino; City of Santee;
City of Wildomar.
James Kim
Senior Financial Analyst / Quality
Assurance Manager
Years of Experience: 7
James Kim will serve as Senior
Financial Analyst and Quality
Assurance Manager, responsible
for technical review of annual
administration deliverables, financial
analyses, special tax calculations,
continuing disclosure reports, and
bond administration activities. He
serves as Project Manager for SCG’s
administration services for the Cities
of Beaumont, Corona, and Chula
Vista while leading the firm’s Quality
Assurance/Quality Control program.
James oversees SCG’s multilevel document review process, independently validating parcel data,
levy calculations, annual reports,
disclosure documents, Engineer’s
Reports, and other technical deliverables
prior to release. He also assists with
municipal disclosure compliance,
financial reporting, budget analysis,
delinquency monitoring, and analytical
support for district administration and
financing assignments.
With more than seven years of
municipal finance experience, James
provides an independent technical
557
12 review that ensures all client deliverables
meet SCG’s standards for accuracy,
consistency, and regulatory compliance.
Representative Agency Experience:
City of Beaumont; City of Chula Vista;
City of Corona; Lakeside Fire Protection
District.
Alejandra Landaverde
Project Coordinator
Years of Experience: 2
Alejandra Landaverde will serve
as Project Coordinator, supporting
the City’s CFD program through
project coordination, schedule
management, document control, client
communications, and administrative
support. She assists with annexation
coordination, meeting scheduling,
public noticing, document preparation,
project tracking, and quality review of
administrative deliverables.
Alejandra also supports SCG’s Property
Owner Services program, coordinating
responses to property owner inquiries
and providing bilingual assistance to
Spanish-speaking constituents. Her
organizational skills and attention to
detail help ensure project milestones
are achieved on schedule and client
communications remain timely,
accurate, and well documented.
Representative Agency Experience:
Riverside County Office of Economic
Development; City of Beaumont;
City of Chula Vista; City of Corona;
City of Menifee; City of San Bernardino;
City of Santee; City of Wildomar.
Anthony Delgadillo
GIS Specialist
Years of Experience: 2
Anthony Delgadillo will serve as GIS
Specialist, providing mapping and
technical support for CFD formations,
annexations, and annual administration
services. He assists with preparation of
boundary maps, assessment diagrams,
parcel verification, GIS database
maintenance, levy audit maps, and
quality assurance review of parcel data.
Anthony supports SCG’s GIS team
by maintaining mapping databases,
producing project exhibits, updating
parcel information, and assisting with
annual levy administration activities.
His work helps ensure the accuracy
of mapping products and parcel
information used throughout the
administration and formation process.
Representative Agency Experience:
Riverside County Office of Economic
Development; City of San Bernardino;
City of Chula Vista; City of Beaumont;
City of Menifee.
Francisco Martinez, Jr. PE, QSD
Assessment Engineer
Years of Experience: 30
Francisco holds a Bachelor of Science
in Civil Engineering from San Diego
State University and provides civil
engineering services for private
residential, commercial, retail, and
industrial development projects, as
well as public works improvements
such as parks, public buildings, lowincome housing, roads, and utility infrastructure throughout Southern
California, including San Diego, Orange,
Los Angeles, Riverside, and San
Bernardino Counties. His experience
spans all phases of land development
engineering, from feasibility studies
and land planning to site design and
construction support. Francisco has
managed and prepared preliminary
engineering, entitlements, and final
engineering plans for complex,
high-profile projects requiring full
agency coordination and consultant
collaboration. He brings a creative and
practical approach to problem solving,
delivering cost-effective solutions that
result in overall savings for clients.
Francisco serves as SCG’s Engineer
of Record for Engineer’s Reports and
provides independent certification for
assessments requiring a licensed PE
signature.
Subconsultants
FMCivil Consultants (951) 331-9873
FM Civil Consultants provides licensed
engineering review and certification
services for annual Engineer’s Reports
and other engineering documents
requiring the signature of a licensed
Professional Engineer. FM Civil serves
in a quality assurance role, reviewing
reports prepared by SCG and providing
the engineering certification required
by applicable statutes.
Licensing Statement
SCG and assigned key professional
staff will maintain all licenses,
registrations, and certifications required
to perform the requested services in
California. Where a licensed engineer
is required for specific deliverables,
SCG will coordinate with a licensed
civil engineer or another City-approved
licensed professional.
558
13 D. Disclosure
To the best of SCG’s knowledge, SCG
has no financial conflict of interest
that would impair its ability to provide
services to the City of Banning. SCG will
promptly disclose any potential conflict
that may arise during the term of the
engagement.
SCG personnel maintain professional
relationships and familiarity with
various local government professionals
throughout Riverside, San Bernardino,
and San Diego Counties through prior
municipal finance, special district,
and public agency consulting work.
Such relationships are the result of
long-standing professional consulting
engagements, do not create a conflict of
interest and will not impair SCG’s ability
to provide independent professional
services. SCG is not aware of any
personal, familial, financial, or business
relationship with any current Banning
elected official, appointed official, City
employee, or family member of such
person that would create a conflict of
interest or impair the firm’s ability to
provide independent services to the City.
SCG does not propose any exception to
the City’s conflict of interest requirements
and will comply with applicable provisions
of Government Code sections 1090 et seq.
and 87100 et seq.
E. Experience and References
SCG meets and exceeds the RFP’s
minimum experience requirement. SCG
has provided services of similar type and
scope under its legally registered business
name for more than five years and has not
filed for bankruptcy under any business
name during the past five years.
SCG has extensive experience providing
formation, annual administration,
annexation, bond financing support, tax
roll administration, municipal disclosure,
annual reporting, delinquency
monitoring, GIS mapping, property
owner support, and fiscal impact
analysis services for Community
Facilities Districts, Landscape
Maintenance Districts, Assessment
Districts, County Service Areas, Public
Safety CFDs, Maintenance CFDs,
bonded districts, and other special
financing programs throughout
Southern California.
Based on SCG’s internal project and
revenue tracking for recent fiscal years,
SCG has completed or supported more
than 80 CFD formations, more than
270 annexations, and more than 50
bond sales or refunding transactions.
For Fiscal Year 2025-26, SCG is
tracking and administering more than
830 special district funds, improvement
areas, assessment zones, and related
financing programs across multiple
public agency clients. These figures
demonstrate SCG’s depth of practical
experience and ability to manage a
large volume of special district work
accurately and efficiently.
Metric Recent Experience Summary
CFD Formations More than 80 CFD formations completed or supported based on recent internal project tracking.
CFD Annexations More than 270 annexations completed or supported based on recent internal project tracking.
Bond Sales / Refundings More than 50 bond sales or refundings supported based on recent internal project tracking.
District Funds / Financing More than 800 special district funds, improvement areas, zones, and financing programs tracked Areas Administered and administered for FY 2025-26.
Public Agency Focus SCG works exclusively for public agencies and supports cities, counties, special districts, and public financing authorities throughout Southern California.
Services Provided CFD formation, CFD annexation, annual administration, special tax calculations, bond support, disclosure reporting, GIS mapping, parcel database management, property owner support, and fiscal impact analysis.
559
CITY OF LAKE ELSINORE
ADMINISTRATION, FORMATION, BOND SALE, AND ANNEXATION SERVICES SCG currently provides full administration, annexation, and formation services to more than 101 special financing districts for approximately $33.2 million for the most recent tax year. The City of Lake Elsinore utilizes Landscape Maintenance Districts (LMD) and Community Facilities Districts (CFD) to fund infrastructure and maintenance projects throughout the City. These districts include a Citywide Landscape Maintenance District, a Landscape Maintenance District with 25 separate benefit zones, an Assessment District (AD), 42 bonded CFDs, and 31 services CFD’s which generated more than $3 million in landscape maintenance revenues and $4 million in public safety funds for the City of Lake Elsinore.
Recently, SCG assisted the City in successfully forming six CFDs, issuing bonds for six CFD Districts and processing several annexations to provide key funding for infrastructure, maintenance, and public safety services to their growing community.
CLIENT CONTACT:
Jason Simpson
City Manager
Phone: (951) 674-3124
Email: [email protected]
YEARS OF SERVICE:
Client of SCG since 2016
5-year contract in good standing
AGENCY PROFILE:
No. Districts – 101
No. Parcels – 62,571
Annual Levy – $33.2M
CITY OF MENIFEE
ADMINISTRATION, FORMATION, BOND SALE, AND ANNEXATION SERVICES SCG currently provides full administration, annexation, and formation services to more than 107 special financing districts for approximately $16.7 million in the most recent tax year. The City of Menifee has several special districts including Landscape and Lighting Maintenance District No. 89-1C (LMD) with 44 various zones, six County Service Areas (CSA) and fifty-five Maintenance Community Facilities District (including multiple zones) (CFDs). These Special Districts provide funds for the City’s streetlights, landscaping, drainage facility maintenance, park maintenance, and sheriff services throughout the community. SCG project managers also formed the City’s first Citywide CFD 2015-2 to provide comprehensive maintenance services for all new development, as well as recently completing the formation of CFD 2024-1, CFD 2024-2, CFD 2024-3, CFD 2025-1, CFD 2025-2, CFD 2025-3, CFD 2025-4, CFD 2025-5, and CFD 2025-6.
CLIENT CONTACT:
Travis Hickey
Chief Finance Officer
Phone: (951) 723-1782
Email: [email protected]
YEARS OF SERVICE:
Client of SCG since 2017
5-year contract in good standing
AGENCY PROFILE:
No. Districts – 107
No. Parcels – 47,748
Annual Levy – $16.7M
Representative Project Experience
Similar Services for Other California Public Agencies
Below is a sampling of projects and references our team members have provided with similar services provided over the last 5 years.
14 560
RIVERSIDE COUNTY OFFICE OF ECONOMIC DEVELOPMENT
ADMINISTRATION, FORMATION, AND ANNEXATION SERVICES
SCG currently provides full administration, annexation, and formation services to more than 87 special financing districts for approximately $28.8 million in the most recent tax year. The County of Riverside has several special districts including 51 County Service Areas (CSA) for more than 466,000 parcels and 52 Maintenance Community Facilities District (CFDs) for more than 6,200 parcels. These Special Districts provide funds for the County’s streetlights, traffic signals, landscaping, drainage facility maintenance, park maintenance, and sheriff services throughout the County. SCG project manager is also in the process of forming several new CFDs for maintenance services.
These CFDs included CFD 25-1M through CFD 25-10M and CFD 25-CM for commercial projects, as well as a change proceeding for CFD 19-1M.
YEARS OF SERVICE:
Client of SCG since 2022
7-year contract in good standing
AGENCY PROFILE:
No. Districts – 87
No. Parcels – 472,592
Annual Levy – $28.8M
CLIENT CONTACT:
Amber Jacobson
Assistant Director
Phone: (951) 955-6146
Email: [email protected]
CITY OF CORONA
ADMINISTRATION, FORMATION, BOND SALE, AND ANNEXATION SERVICESS SCG currently provides full administration, annexation, and formation services to more than 63 special financing districts, including approximately 63,384 parcels for approximately $18.8 million for the most recent tax year. The City’s districts includes: Landscape and Lighting Maintenance Districts (LLMD) No. 84-1, 2003-1, 84-2, Community Facilities District (CFD) No’s. 97-1, 2001-1, 2002-2, 2002-3, and 2011-1, and County Service Area 152 (CSA). SCG project managers formed Citywide CFD 2016-1 (Public Safety) and CFD 2016-3 (Maintenance Services) to provide public safety services and comprehensive maintenance services for all new development.
SCG is responsible for administering all of the City’s fifteen (15) CFD bonded special districts, (48) CFD Services and (1) CFD Public Safety.
SCG has processed 28 Annexations within CFD 2016-1 (Public Services) and 44 Annexations within CFD 2016-3 (Maintenance Services) with additional projects in process. SCG is also recently completed assisting the City in issuing bonds for CFD 2018-1 IA 2.
CLIENT CONTACT:
Kim Sitton
Finance Director
Phone: (951) 279-3532
Email: [email protected]
YEARS OF SERVICE:
Client of SCG since 2017
5-year contract in good standing
AGENCY PROFILE:
No. Districts – 63
No. Parcels – 65.384
Annual Levy – $18.8M
15 561
CITY OF BEAUMONT
FORMATION, ADMINISTRATION, BOND SALE, AND ANNEXATION SERVICES SCG currently provides full administration, and formation services to more than 82 special financing districts for approximately $30.2 million for the most recent tax year. The City of Beaumont utilizes Community Facilities Districts (CFD) to fund infrastructure and maintenance projects throughout the City. These districts include an Open Space Maintenance District with 28 different zones, a Landscape Maintenance District with 5 separate benefit zones, an Assessment District (AD), and 32 CFDs.
Recently, SCG assisted the City in successfully providing forming three CFDs CFD 2025-1, 2025-M, and 2025-S for infrastructure, maintenance, and public safety services to their growing community. SCG recently completed the refunding of five separate CFD’s as the City’s PFA 2025 Series Bonds for CFD Nos. 93-1 IA 7A1, IA 8B, IA 16, IA 18, and IA 19A.
CLIENT CONTACT:
Jennifer Ustation
Finance Director
Phone: (951) 572-3236
Email: [email protected]
YEARS OF SERVICE:
Client of SCG since 2022
5-year contract in good standing
AGENCY PROFILE:
No. Districts – 82
No. Parcels – 34,208
Annual Levy – $30.2M
CLIENT CONTACT:
Josh Dramitinos
Deputy Director
Phone: (909) 384.5366
Email: [email protected]
YEARS OF SERVICE:
Client of SCG since 2018
5-year contract in good standing
Contract Amount: Varies $500 - $8,400
per District
AGENCY PROFILE:
No. Districts – 106
No. Parcels – 9,071
Annual Levy – $2.7M
CITY OF SAN BERNARDINO
ADMINISTRATION, FORMATION, BOND SALE, AND ANNEXATION SERVICES SCG currently provides full administration, annexation, and formation services to more than 106 special financing districts for approximately $2.7 million in the most recent tax year. The City of San Bernardino has several special districts including 68 Maintenance Assessment Districts, one Public Safety Community Facilities District (CFD), three facilities CFDs, and one Citywide Maintenance CFD containing 30 separate zones. These Special Districts provide funds for the City’s public safety, streetlights, landscaping, drainage facility maintenance, park maintenance, pavement management, graffiti abatement, and trails maintenance services throughout the community. SCG project managers also formed the City’s first public safety CFD 2018-1 and Citywide Maintenance CFD 2019-1 to provide comprehensive public services for all new development.
16 562
17 References
Name Title Agency Phone Email
Jason Simpson City Manager City of Lake Elsinore 951-674-3124 ext. 362 [email protected] Travis Hickey Chief Financial Officer City of Menifee (951) 723-1782 [email protected] Mike Franklin Deputy Director Riverside County 951-955-6652 [email protected] Bruce Foltz Finance Director City of Corona 951-279-3532 [email protected] Jessica Almousa Real Property Specialist City of San Bernardino (909) 998-2382 [email protected] Lisa Leach Interim Finance Director City of Beaumont (951) 572-3236 [email protected] Adam Jantz Finance Manager City of Wildomar (951) 572-3236 [email protected] Javier Carcamo Finance Director City of Murrieta (951) 677-7751, ext 243 [email protected] Patricia Macias Fiscal Debt Management Analyst City of Chula Vista (619) 407-3565 [email protected] 563
SCG proposes the following fixed-fee
schedule for CFD formation, annexation,
bond financing support, fiscal impact
analysis, and annual administration
services. Fees include project
management, special tax consulting, GIS
support, coordination with City staff and
legal counsel, preparation of required
reports and exhibits, and attendance
at meetings necessary to complete the
requested services.
The above formation and financing
services are generally initiated in
connection with private development
projects. Accordingly, these costs are
typically funded through developer
deposits and, where applicable,
reimbursed from bond proceeds or
other financing mechanisms. SCG
proposes the following fixed-fee
schedule for services performed in
accordance with the Scope of Services
included in Appendix A.
Consulting Services Fee
A. Facilities CFD Formation Services $25,000
Plus: per Improvement Area $5,000
B. Bond Issuance Services $25,000
C. Maintenance CFD Formation Services $15,000
D. Maintenance CFD Annexation Services $12,500
E. Public Safety Fiscal Impact Analysis Services $13,500 F. Public Safety CFD Formation Services $9,500
G. Public Safety CFD Annexation Services $10,000
CFD Administration Services Fee
A. Facilities CFD – Monitoring (No Development) $2,500
B. Facilities CFD – Pre Bond Issuance (Some Development) $5,000 C. Facilities CFD – Bonded (per Improvement Area/Bond Series) $7,500 D. Maintenance CFD Residential ($500-$1,800 per Zone) Varies E. Maintenance CFD Commercial (per Zone) $500
F. Public Safety CFD (per Annexation) $500
LMD Administration Services Fee
A. Landscape Maintenance District No. 1 (11 Zones) $11,000 Optional Administration Services Fee
A. Improvement District 2004-1 $4,500
B. CSA 152 $6,500
Hourly Rates
Title Rate
Principal $265
Senior Associate $185
Associate $145
Mapping Technician $135
Administrative Support $90
V.C PRICE PROPOSAL
18 Hourly / Additional Services
Services not specifically included in
the fixed-fee scope may be provided
on an hourly basis upon written
authorization by the City. These services
may include special studies, additional
financial analyses, special presentations,
development agreement support,
bond refunding analysis, additional
GIS mapping, legislative or regulatory
research, special district policy updates,
and other services requested by the City.
For services not specifically
identified in the above fee schedule,
compensation shall be based upon
the hourly rates set forth herein,
together with reimbursement at cost
for reasonable direct expenses incurred
in connection with the administration
services, and reimbursement for
outside professional services at cost
plus fifteen percent (15%), when
authorized by the City.
564
SCG offers several value-added
services that may benefit the City of
Banning beyond the base scope of CFD
formation and annual administration.
These services can be provided as
requested and authorized by the City.
• Strategic financing assistance for new
development projects, infrastructure
funding, public safety funding, and
maintenance services.
• Fiscal impact analysis and General
Fund impact modeling for development
projects and policy decisions.
• Public safety funding studies and cost
recovery analyses.
• Legislative and regulatory updates
affecting CFDs, special taxes, continuing
disclosure, annual reporting, and
property owner disclosures.
• Staff training and support regarding
RMAs, special tax calculations, annual
administration, disclosure obligations,
and County levy procedures.
• Property owner and title company
support, including payoff quotes, lien
release coordination, prepayment
calculations, and special tax
explanations.
• Bond administration support,
including bond call calculations,
redemption coordination, debt service
schedule updates, refunding support,
and arbitrage coordination through
specialty consultants.
In addition to the above mentioned
value-added services SCG has made
significant investments in technology to
provide and maintain the highest level
of quality assurance. We have developed
proprietary software, including the
19 V.D VALUE ADDED SERVICES
Spicer TAX System (STAX), an in-house
GIS platform, and most recently, the
Property Finder application, which
together enhance accuracy, efficiency,
and transparency for our clients and
their constituents.
STAX – The Spicer TAX System (STAX)
is a proprietary SQL Server–based
software solution designed to manage
large volumes of property and financial
data while maintaining complete
traceability. It enables our team to
prepare levy calculations with precision
and deliver results ahead of schedule,
allowing City staff ample time for review
and approval. STAX supports all phases
of administration data imports, levy
modeling, QA/QC validation, fund
analysis, disclosure reporting, and
delinquency tracking within a single
secure environment.
The system also features automated
cross-checks that flag anomalies in
parcel or rate data prior to County
submission, reducing enrollment errors
to below 0.05 percent annually. STAX
dashboards provide the City with
transparent status tracking, enabling
District staff to monitor milestones in
real time.
565
20 GIS Platform and Mapping – A key
component of SCG’s quality-assurance
process is the use of annual Levy Audit
Maps. SCG was among the first in the
industry to integrate GIS as a direct
auditing tool for the levy process. Our
GIS platform allows us to confirm parcel
boundaries, land-use classifications, and
rate assignments in accordance with
each district’s adopted methodology.
GIS visualization shortens review time
and improves accuracy by linking every
parcel directly to its levy data record.
We provide clients with both data
and map files that can be loaded into
the City’s GIS environment, ensuring
seamless integration, cross-reference,
and institutional recordkeeping.
A sampling of our GIS mapping
capabilities for the City’s special districts
is provided in Appendix A.
Property Finder – Property Finder is a
.NET-based web application designed
for public use, offering parcel-specific
special-district information accessible
24/7. The tool allows property owners,
title companies, and real-estate
professionals to search by street address
or Parcel Identification Number (PIN)
directly linked to the County tax roll.
Developed by SCG in partnership
with the City of Beaumont, Property
Finder was featured in Western City
Magazine’s article “City of Beaumont’s
Tax Finder Tool Enhances Transparency
and Reduces Escrow Surprises.” The
article highlighted how Beaumont
homebuyers now access real-time
property-tax details, view Mello-Roos
and assessment breakdowns, and
understand tax-maturity dates reducing
escrow-time surprises and improving
public confidence.
The City of Banning can leverage this
same proven technology to offer its
residents a self-service transparency
portal. SCG will host, maintain, and
update the application, providing the
City with a secure link, QR code, and
optional printed materials for outreach.
The system can also be integrated
into the District’s website and GIS
framework, ensuring consistent data
and seamless public access.
District Manager – District Manager
is SCG’s cloud-based project and
district management platform
developed to centralize special
district administration, project
tracking, document management,
GIS integration, and workflow
management. The platform provides
SCG staff with real-time access to
project status, deadlines, historical
records, and client deliverables,
ensuring continuity, responsiveness,
and efficient administration throughout
the life of each district. The platform
also provides a centralized repository
for project records, improving
collaboration, accountability, and
consistency across all City assignments.
Together, STAX, GIS, Property
Finder, and District Manager
form an integrated technology
platform that enhances accuracy,
improves transparency, streamlines
administration, reduces operational
risk, and provides City staff with
responsive, data-driven support
throughout the lifecycle of each
Community Facilities District.
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21 V.E EVIDENCE OF INSURANCE
SCG will provide evidence of insurance
in the coverage and amounts required
by the City’s sample professional
services agreement within the
required time period following award
of contract. Certificates of Insurance
and additional insured endorsements
will be provided as required before
execution of the agreement. SCG
maintains professional liability,
general liability, automobile liability,
and workers’ compensation coverage
appropriate for the services requested.
V.F VENDOR FORMS
SCG will complete and upload the
City of Banning New Vendor Packet,
including the Vendor Masterfile
Sheet, W-9, Business Tax Certificate
Application, and other required
documentation. SCG understands the
successful proposer will complete the
City business tax registration process
following contract award.
V.G TYPE OF BUSINESS
Limited Liability Company. SCG is a
limited liability company authorized
to conduct business in the State of
California.
V.H LEGAL COMPANY NAME
Spicer Consulting Group, LLC
V.I EX PARTE COMMUNICATIONS
CERTIFICATION
Yes. Bidder and Bidder’s representatives
certify that they have not had
any communication with a City
Councilmember concerning this RFP at
any time after the date and time that
this RFP was publicly advertised.
V.J EX PARTE COMMUNICATIONS
CERTIFICATION CONTINUED
None.
V.K DEBARRED, SUSPENDED,
DISQUALIFIED QUESTIONNAIRE
No. To the best of SCG’s knowledge,
SCG, its officers, and employees with
proprietary interest in the company
have not been debarred, suspended,
disqualified, removed, or otherwise
prevented from bidding on or
completing a federal, state, or local
government project because of a
violation of law or safety regulation.
V.L DEBARRED, SUSPENDED,
DISQUALIFIED QUESTIONNAIRE
CONTINUED
None.
V.M DISCLOSURE OF
GOVERNMENT POSITIONS
None. To the best of SCG’s knowledge,
no owner or employee of SCG currently
holds, or has held within the past
twelve months, a position as an elected
or appointed official, director, officer,
or employee of a governmental entity
that would create a conflict with the
services requested under this RFP.
V.N CERTIFICATION COMPLIANCE
SCG will complete and upload the
required Certification - Compliance
with Presidential Executive Orders
Imposing Sanctions Against the
Russian Federation form.
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22 APPENDIX A
568
23 Scope Of Services
A. Facilities Community Facilities
District (CFD) Formation Services
SCG will provide complete consulting
services necessary to establish Facilities
Community Facilities Districts (CFDs)
pursuant to the Mello-Roos Community
Facilities Act of 1982. Our team will
manage every phase of the formation
process, beginning with project
planning and financial analysis through
district formation, implementation,
and transition into bond financing and
annual administration. Services will be
coordinated with City staff, developers,
bond counsel, municipal advisors,
engineers, and other members of the
financing team to ensure each District
is legally compliant, financially sound,
and successfully implemented to
finance eligible public infrastructure
improvements.
1. Project Initiation and Schedule
Development: SCG will conduct an
initial kickoff meeting with City staff,
developers, engineers, legal counsel,
and other project stakeholders to
establish project objectives, identify
eligible public facilities, develop
the financing strategy, establish
project responsibilities, and prepare
a comprehensive implementation
schedule. We will coordinate project
activities throughout the formation
process to ensure all statutory
requirements, development milestones,
and financing deadlines are achieved.
Deliverables: Project schedule, project
implementation plan, data request,
meeting summaries.
2. Data Collection and Project
Evaluation: SCG will collect and review
all information necessary to establish
the Community Facilities District,
including tentative and final subdivision
maps, assessor parcel information,
development plans, engineering cost
estimates, reimbursement agreements,
development agreements, capital
improvement programs, land use
information, infrastructure plans,
development phasing, and other
supporting documentation. SCG will
coordinate directly with City staff and
the development team to verify the
completeness and accuracy of the
information before proceeding with the
financial analysis and preparation of
formation documents.
Deliverables: Project database, parcel
inventory, development summary,
infrastructure cost analysis, financing
assumptions.
3. Financial Analysis and Special Tax
Methodology: SCG will evaluate the
proposed public facilities, development
program, financing objectives,
projected bond sizing, and long-term
administrative requirements to develop
an equitable and legally defensible Rate
and Method of Apportionment (RMA).
This process includes evaluating land
use classifications, tax classifications,
improvement areas, value-to-lien
ratios, reserve funding, escalation
provisions, development absorption,
bond financing capacity, and financing
alternatives to establish a special tax
structure capable of supporting one or
more future bond issuances.
Deliverables: Financial analysis,
special tax model, Rate and Method of
Apportionment, special tax schedules.
4. Formation Documents: SCG will
prepare or assist in the preparation
of all financial documents necessary
to establish the Community Facilities
District. Documentation may
include the Rate and Method of
Apportionment, CFD Public Report,
special tax exhibits, parcel database,
tax zone exhibits, boundary maps, GIS
exhibits, election materials, boundary
maps, and supporting financial
schedules. SCG will coordinate with
City staff and bond counsel to ensure
all documents are consistent with
the City’s financing objectives and
applicable statutory requirements.
Deliverables: Rate and Method of
Apportionment, CFD Public Report,
parcel database, GIS exhibits, special
tax schedules, election materials.
5. Formation Proceedings: SCG will
assist the City throughout the formation
proceedings by preparing financial
exhibits, supporting staff reports,
coordinating with the financing team,
and assisting with the preparation of
resolutions, public hearing materials,
election documentation, and formation
schedules. SCG will attend meetings
with City staff, developers, financing
participants, Planning Commission (if
requested), and the City Council to
present technical information, respond
APPENDIX A
569
24 to questions, and facilitate successful
completion of the formation proceedings.
Deliverables: Financial exhibits, staff
report support, election materials,
meeting participation, City Council
presentation support.
6. County Recordation and District
Implementation: Following approval
of the formation proceedings, SCG
will coordinate the preparation and
recordation of the Notice of Special
Tax Lien, establish the district parcel
database, assign tax classifications,
prepare GIS mapping, and integrate
the District into SCG’s proprietary
technology platforms, including STAX,
District Manager, and Property Finder.
This process establishes the foundation
for future bond financing and long-term
annual administration.
Deliverables: Recorded Notice of
Special Tax Lien, district database, GIS
mapping, STAX implementation, District
Manager setup.
7. Transition to Bond Financing
and Annual Administration: Upon
completion of the formation process,
SCG will transition the District into its
bond financing and annual administration
program by establishing annual levy
procedures, administrative calendars,
reporting schedules, parcel maintenance
procedures, disclosure requirements,
and quality assurance protocols.
This coordinated transition provides
continuity between district formation,
future bond issuance, and ongoing
annual administration while minimizing
administrative effort by City staff.
Deliverables: Administrative calendar,
annual levy procedures, reporting
schedule, quality assurance framework.
B. Maintenance Services Community
Facilities District (CFD) Formation
Services
SCG will provide complete consulting
services necessary to establish
Maintenance Services Community
Facilities Districts (CFDs) pursuant to
the Mello-Roos Community Facilities
Act of 1982. Our team will manage
every phase of the formation process,
beginning with project planning and
maintenance cost analysis through
district formation, implementation, and
transition into annual administration.
Services will be coordinated with
City staff, developers, bond counsel,
engineers, landscape architects,
maintenance contractors, and other
members of the financing team to
ensure each District is legally compliant,
financially sustainable, and structured
to provide a reliable long-term funding
source for the maintenance, operation,
servicing, and replacement of public
improvements.
1. Project Initiation and Schedule
Development: SCG will conduct an
initial kickoff meeting with City staff,
developers, engineers, legal counsel, and
other project stakeholders to establish
project objectives, identify the public
improvements to be maintained, develop
the implementation strategy, establish
project responsibilities, and prepare a
comprehensive project schedule. We will
coordinate project activities throughout
the formation process to ensure all
statutory requirements, development
milestones, and implementation
deadlines are achieved.
Deliverables: Project schedule, project
implementation plan, data request,
meeting summaries.
2. Maintenance Program Evaluation:
SCG will collect and review all
information necessary to establish
the Maintenance Services CFD,
including approved landscape plans,
improvement plans, maintenance
exhibits, engineer’s estimates,
maintenance cost estimates,
development agreements, subdivision
maps, assessor parcel information,
and other supporting documentation.
SCG will coordinate with City staff
and the development team to
identify maintenance responsibilities,
establish service levels, and verify the
improvements to be maintained by
the District.
Deliverables: Maintenance program
summary, project database, maintenance
cost analysis, parcel inventory,
maintenance responsibility matrix.
3. Financial Analysis and Special
Tax Methodology: SCG will evaluate
the proposed maintenance program,
annual operating costs, administrative
expenses, reserve funding requirements,
replacement costs, contingency funding,
escalation assumptions, and long-term
financial sustainability to develop an
equitable and legally defensible Rate
and Method of Apportionment (RMA).
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The analysis will establish annual special
taxes sufficient to fund the maintenance,
operation, servicing, replacement, and
administration of the public improvements
throughout the life of the District.
Deliverables: Financial analysis,
maintenance funding model, Rate and
Method of Apportionment, special tax
schedules.
4. Formation Documents: SCG will
prepare or assist in the preparation of
all financial documents necessary to
establish the Maintenance Services
Community Facilities District.
Documentation may include the Rate and
Method of Apportionment, CFD Public
Report, Maintenance Exhibit, special
tax exhibits, parcel database, tax zone
exhibits, boundary maps, GIS exhibits,
election materials, and supporting
financial schedules. SCG will coordinate
with City staff and bond counsel to
ensure all documents are consistent with
the City’s maintenance objectives and
applicable statutory requirements.
Deliverables: Rate and Method of
Apportionment, CFD Public Report,
Maintenance Exhibit, parcel database,
GIS exhibits, special tax schedules,
election materials.
5. Formation Proceedings: SCG will
assist the City throughout the formation
proceedings by preparing financial
exhibits, supporting staff reports,
coordinating with the financing team,
and assisting with the preparation of
resolutions, public hearing materials,
election documentation, and formation
schedules. SCG will attend meetings
with City staff, developers, financing
participants, Planning Commission (if
requested), and the City Council to
present technical information, respond
to questions, and facilitate successful
completion of the formation proceedings.
Deliverables: Financial exhibits, staff
report support, election materials,
meeting participation, City Council
presentation support.
6. County Recordation and District
Implementation: Following approval
of the formation proceedings, SCG
will coordinate the preparation and
recordation of the Notice of Special
Tax Lien, establish the district parcel
database, assign tax classifications,
prepare GIS mapping, and integrate
the District into SCG’s proprietary
technology platforms, including STAX,
District Manager, and Property Finder.
Maintenance responsibilities, Tax Zones,
and annual funding requirements will
be incorporated into the administration
database to support future annual levy
calculations.
Deliverables: Recorded Notice of
Special Tax Lien, district database, GIS
mapping, STAX implementation, District
Manager setup.
7. Transition to Annual Administration:
Upon completion of the formation
process, SCG will transition the
District into its annual administration
program by establishing annual levy
procedures, maintenance funding
schedules, administrative calendars,
reporting schedules, parcel maintenance
procedures, reserve monitoring
procedures, and quality assurance
protocols. This coordinated transition
provides continuity between district
formation and ongoing annual
administration while ensuring sufficient
funding is available to maintain the
public improvements throughout the
life of the District.
Deliverables: Administrative calendar,
annual levy procedures, maintenance
funding schedule, reporting schedule,
quality assurance framework.
C. Public Safety Community Facilities
District (CFD) Formation Services
SCG will provide complete consulting
services necessary to establish Public
Safety Community Facilities Districts
(CFDs) pursuant to the Mello-Roos
Community Facilities Act of 1982.
Our team will manage every phase
of the formation process, beginning
with preparation of a comprehensive
Fiscal Impact Analysis through district
formation, implementation, and
transition into annual administration.
Services will be coordinated with
City staff, public safety personnel,
developers, bond counsel, municipal
advisors, and other project
stakeholders to establish a legally
defensible and financially sustainable
funding program that equitably
allocates the cost of providing public
safety services to future development.
1. Project Initiation and Schedule
Development: SCG will conduct an
initial kickoff meeting with City staff,
Police, Fire, Finance, Community
Development, and other project
25 571
stakeholders to establish project
objectives, identify available financial
information, define the scope of the
Fiscal Impact Analysis, develop the
implementation strategy, establish
project responsibilities, and prepare a
comprehensive project schedule. We will
coordinate project activities throughout
the formation process to ensure all
statutory requirements and project
milestones are achieved.
Deliverables: Project schedule, project
implementation plan, data request,
meeting summaries.
2. Fiscal Impact Analysis: SCG
will collect and evaluate financial,
demographic, operational, and
development information necessary to
determine the fiscal impact of future
growth on the City’s General Fund and
public safety operations. The analysis will
evaluate existing and projected revenues,
Police and Fire Department expenditures,
staffing levels, service demands,
population growth, employment
growth, development projections, and
other financial information necessary
to determine the funding required to
maintain existing service levels. The
completed Fiscal Impact Analysis
will establish the financial basis for
development of the Public Safety
Community Facilities District.
Deliverables: Fiscal Impact Analysis,
revenue analysis, expenditure analysis,
growth projections, funding gap analysis.
3. Financial Analysis and Special
Tax Methodology: SCG will evaluate
the Fiscal Impact Analysis, projected
service demands, funding requirements,
administrative costs, reserve funding,
escalation assumptions, and longterm financial sustainability to develop an equitable and legally defensible
Rate and Method of Apportionment
(RMA). The special tax methodology
will allocate the cost of public safety
services among benefiting properties
while ensuring consistency with
applicable statutory requirements and
the City’s long-term financial objectives.
Deliverables: Financial analysis,
special tax model, Rate and Method of
Apportionment, special tax schedules.
4. Formation Documents: SCG will
prepare or assist in the preparation of
all financial documents necessary to
establish the Public Safety Community
Facilities District. Documentation may
include the Fiscal Impact Analysis,
Rate and Method of Apportionment,
CFD Public Report, special tax exhibits,
parcel database, tax zone exhibits,
boundary maps, GIS exhibits, election
materials, and supporting financial
schedules. SCG will coordinate with City
staff and bond counsel to ensure all
documents are consistent with the City’s
public safety funding objectives and
applicable statutory requirements.
Deliverables: Fiscal Impact Analysis,
Rate and Method of Apportionment,
CFD Public Report, parcel database,
GIS exhibits, special tax schedules,
election materials.
5. Formation Proceedings: SCG will
assist the City throughout the formation
proceedings by preparing financial
exhibits, supporting staff reports,
coordinating with the financing team,
and assisting with the preparation of
resolutions, public hearing materials,
election documentation, and formation
schedules. SCG will attend meetings
with City staff, public safety personnel,
developers, financing participants,
Planning Commission (if requested),
and the City Council to present technical
information, respond to questions, and
facilitate successful completion of the
formation proceedings.
Deliverables: Financial exhibits, staff
report support, election materials,
meeting participation, City Council
presentation support.
6. County Recordation and District
Implementation: Following approval
of the formation proceedings, SCG
will coordinate the preparation and
recordation of the Notice of Special
Tax Lien, establish the district parcel
database, assign tax classifications,
prepare GIS mapping, and integrate
the District into SCG’s proprietary
technology platforms, including
STAX, District Manager, and Property
Finder. Annual public safety funding
requirements and Tax Zones will be
incorporated into the administration
database to support future annual levy
calculations and financial reporting.
Deliverables: Recorded Notice of
Special Tax Lien, district database,
GIS mapping, STAX implementation,
District Manager setup.
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7. Transition to Annual Administration:
Upon completion of the formation
process, SCG will transition the District
into its annual administration program
by establishing annual levy procedures,
public safety funding schedules,
administrative calendars, reporting
schedules, disclosure requirements,
and quality assurance protocols.
This coordinated transition provides
continuity between district formation
and ongoing annual administration
while ensuring a stable and reliable
funding source for the City’s long-term
public safety needs.
Deliverables: Administrative calendar,
annual levy procedures, public safety
funding schedule, reporting schedule,
quality assurance framework.
D. Community Facilities District (CFD)
Annexation Services
SCG will provide complete consulting
services necessary to annex new
development into existing Maintenance
Services and Public Safety Community
Facilities Districts pursuant to the
Mello-Roos Community Facilities Act
of 1982 and each District’s adopted
Rate and Method of Apportionment.
Our team will coordinate every phase
of the annexation process, from project
review and special tax analysis through
landowner election, recordation, County
tax roll enrollment, and transition into
annual administration. Services will be
coordinated with City staff, developers,
bond counsel, engineers, and other
members of the financing team to
ensure each annexation is completed
accurately, efficiently, and in accordance
with the City’s adopted financing
program and development schedule.
1. Project Initiation and Annexation
Evaluation: SCG will conduct an
initial kickoff meeting with City staff,
developers, engineers, legal counsel,
and other project stakeholders to review
the proposed development, determine
eligibility for annexation into the
existing Community Facilities District,
establish project objectives, develop the
annexation schedule, and identify the
information necessary to complete the
proceedings. We will coordinate project
activities throughout the annexation
process to ensure all statutory
requirements, development milestones,
and County enrollment deadlines are
achieved.
Deliverables: Project schedule,
annexation implementation plan, data
request, meeting summaries.
2. Data Collection and Parcel Research:
SCG will collect and review assessor
parcel information, recorded subdivision
maps, development plans, ownership
records, title information, grading
plans, improvement plans, landscape
plans, maintenance exhibits (where
applicable), conditions of approval,
and other supporting documentation
necessary to complete the annexation.
Parcel boundaries, legal descriptions, lot
configurations, land use classifications,
maintenance obligations, and other
project-specific information will be
verified to ensure the annexation area
is accurately identified and consistent
with the adopted Rate and Method of
Apportionment.
Deliverables: Parcel database, ownership
verification, development summary, GIS
parcel review, maintenance exhibit review
(where applicable).
3. Special Tax Analysis and Tax Zone
Development: SCG will evaluate the
proposed development, applicable
land uses, maintenance obligations,
public safety funding requirements,
administrative costs, and financing
objectives to determine the
appropriate tax classifications and
annual special taxes for the annexation
area. Where applicable, SCG will
prepare or update Maintenance
Exhibits, evaluate annual maintenance
costs, establish new Tax Zones or
Improvement Areas, and update the
special tax schedules to accurately
reflect the proposed development.
Deliverables: Special tax calculations,
tax zone exhibits, maintenance cost
analysis (where applicable), updated
special tax schedules.
4. Annexation Documents and
Proceedings: SCG will prepare
or assist in the preparation of all
financial documents necessary to
complete the annexation proceedings.
Documentation may include
annexation maps, GIS exhibits, parcel
databases, election materials, tax zone
exhibits, Maintenance Exhibits (where
applicable), special tax schedules, and
supporting financial analyses. SCG will
coordinate with City staff and bond
counsel throughout the annexation
process and assist with preparation of
staff reports, resolutions, public hearing
materials, election documentation, and
related formation proceedings.
Deliverables: Annexation maps,
GIS exhibits, election materials,
Maintenance Exhibits (where
applicable), financial schedules, staff
report support.
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5. County Recordation and Tax Roll
Enrollment: Following approval of
the annexation proceedings, SCG
will coordinate the preparation and
recordation of the Notice of Special Tax
Lien, update the district parcel database,
prepare County levy enrollment files,
assign the appropriate tax classifications,
and integrate the annexed parcels into
SCG’s proprietary technology platforms,
including STAX, District Manager, and
Property Finder. This process ensures
the annexed properties are accurately
incorporated into the annual levy process
without interruption.
Deliverables: Recorded Notice of
Special Tax Lien, County levy files,
updated parcel database, GIS updates,
STAX implementation.
6. Transition to Annual Administration:
Upon completion of the annexation
process, SCG will incorporate the
annexed parcels into the District’s
annual administration program by
updating levy models, maintenance
funding schedules (where applicable),
GIS mapping, Property Finder, District
Manager, and STAX. Administrative
procedures, reporting schedules,
disclosure requirements, and quality
assurance reviews will be completed
to ensure the annexed properties
are fully integrated into the City’s
ongoing Community Facilities District
administration program.
Deliverables: Updated levy database,
maintenance funding schedules (where
applicable), STAX implementation, GIS
mapping, Property Finder updates,
annual administration integration.
E. Community Facilities District (CFD)
Bond Financing Services
SCG will provide complete Special Tax
Consulting services necessary to support
the issuance of tax-exempt and taxable
municipal bonds secured by Community
Facilities District special taxes. Working
closely with City staff, bond counsel,
disclosure counsel, the municipal
advisor, underwriter, trustee, appraiser,
market absorption consultant, and
other members of the financing team,
SCG will prepare the financial analyses,
special tax information, and supporting
documentation necessary to facilitate a
successful bond issuance while ensuring
compliance with the Community
Facilities Act, bond documents, and
applicable securities regulations.
1. Bond Issuance Evaluation and
Financing Strategy: SCG will evaluate
the District’s readiness for bond
financing by reviewing development
status, assessed valuation, infrastructure
completion, value-to-lien ratios,
absorption projections, reimbursement
requirements, administrative
funding needs, and other financing
considerations. Based upon this
evaluation, SCG will coordinate with
the financing team to develop an
appropriate financing strategy and bond
issuance schedule.
Deliverables: Financing strategy, valueto-lien analysis, bond issuance schedule, financing assumptions.
2. Financial Analysis and Debt Service
Modeling: SCG will prepare the financial
analyses necessary to support the
proposed bond issuance, including bond
sizing, projected debt service, special
tax revenues, administrative funding
requirements, reserve fund requirements,
delinquency assumptions, debt service
coverage, and long-term cash flow
projections. Alternative financing
scenarios will be evaluated to optimize
the financing structure while maintaining
compliance with the adopted Rate and
Method of Apportionment.
Deliverables: Bond sizing analysis, debt
service model, cash flow projections,
special tax analysis.
3. Financing Team Coordination: SCG
will coordinate with City staff, bond
counsel, disclosure counsel, municipal
advisor, underwriter, trustee, appraiser,
market absorption consultant, fiscal
agent, and other financing participants
throughout the financing process.
We will participate in financing team
meetings, monitor project schedules,
review financing assumptions, respond
to technical questions, and provide
the special tax information necessary
to support preparation of financing
documents.
Deliverables: Financing team
coordination, meeting participation,
project schedule updates.
4. Official Statement and Financing
Documentation: SCG will prepare or
review the special tax information
included within the Preliminary Official
Statement and Official Statement,
including special tax tables, debt
service schedules, value-to-lien
analyses, historical tax collection
28 574
information, development summaries,
projected special tax revenues, and
other financial information relating to
the Community Facilities District. SCG
will also review financing documents to
ensure consistency with the adopted
Rate and Method of Apportionment and
proposed financing structure.
Deliverables: Official Statement tables,
special tax exhibits, financial schedules,
document review comments.
5. Bond Sale and Closing Support: SCG
will assist the financing team throughout
the bond sale and closing process by
participating in pricing discussions,
updating financial analyses, responding
to financing questions, reviewing final
financing documents, coordinating
implementation of the annual special
tax levy, and assisting with other
activities necessary to successfully
complete the financing.
Deliverables: Pricing support, updated
financial schedules, closing coordination,
implementation support.
6. Post-Issuance Implementation:
Following bond issuance, SCG will
establish the annual debt service
schedule within STAX, update the
District’s annual levy model, coordinate
with the trustee regarding annual debt
service requirements, and transition the
District into bonded CFD administration.
SCG will also establish procedures for
continuing disclosure support, annual
reporting, debt service monitoring,
and other post-issuance administrative
requirements necessary to maintain
long-term compliance.
Deliverables: Debt service schedule,
STAX implementation, bonded CFD
administration setup, continuing
disclosure schedule.
F. Community Facilities District (CFD)
Annual Administration Services
SCG will provide comprehensive
annual administration services for the
City’s Community Facilities Districts
in accordance with the Mello-Roos
Community Facilities Act of 1982,
each District’s adopted Rate and
Method of Apportionment, applicable
bond documents, and County tax
roll requirements. Our team will
manage every phase of the annual
administration process, including
annual levy preparation, debt service
administration, financial reporting,
continuing disclosure, delinquency
monitoring, property owner support,
and County coordination. Services will
be coordinated with City staff, bond
counsel, trustees, County officials,
developers, property owners, and other
project stakeholders to ensure each
District remains financially sound, legally
compliant, and accurately administered
throughout its lifecycle.
1. Kick-off Meeting: SCG will conduct an
annual kick-off meeting with City staff
to establish the annual administration
schedule, review prior year activities,
discuss changes affecting the upcoming
levy, identify budget requirements,
establish project milestones, and
coordinate County enrollment deadlines.
Throughout the administration process,
SCG will monitor project progress
and coordinate activities to ensure all
statutory deadlines are achieved.
Deliverables: Annual administration
schedule, project implementation plan,
meeting summaries.
2. Data Collection and Parcel
Administration: SCG will collect and
review the annual County Assessor
parcel roll, Geographic Information
System (GIS) parcel files, subdivision
maps, ownership information, tract
maps, lot line adjustments, parcel
mergers and splits, building permits,
certificates of compliance, and other
property information affecting the
annual levy. Parcel information will be
verified and maintained within STAX
to ensure the annual levy reflects the
current tax roll and adopted Rate and
Method of Apportionment.
Deliverables: Updated district
database, parcel change log, GIS
verification, KML mapping files.
3. Budget Review and Financial
Planning: SCG will review each
District’s annual budget, debt service
requirements, administrative expenses,
reserve fund balances, maintenance
budgets (where applicable), and
other financial information necessary
to determine the annual special tax
requirement. SCG will coordinate
with City staff to assist with
accurate cost recovery and provide
recommendations regarding budget
assumptions, reserve funding, and
future levy requirements.
Deliverables: Annual levy budgets,
financial analysis, reserve review,
funding recommendations.
29 575
4. Debt Service Component: For
Bonded Community Facilities Districts,
SCG will coordinate with the City’s
Fiscal Agent and Trustee to review debt
service schedules and determine the
annual principal, interest, administrative
expenses, reserve funding requirements,
and other obligations to be funded
through the annual special tax levy. SCG
independently maintains debt service
schedules for each District as part of our
quality assurance process and verifies all
annual debt service requirements prior
to levy calculation.
Deliverables: Current debt service
schedules, debt service verification.
5. Calculation of Special Taxes: SCG
will annually calculate and apportion
the special taxes for each District in
accordance with the adopted Rate and
Method of Apportionment. Annual
calculations include assigning the
appropriate tax classifications, verifying
development status, applying escalation
provisions, evaluating reserve funding
requirements, and determining the
annual special tax necessary to satisfy
each District’s financial obligations.
Multiple quality assurance reviews will
be completed prior to finalizing the levy.
Deliverables: Annual tax rolls, special
tax schedules, levy worksheets, QA/QC
documentation.
6. Annual Levy Preparation and
County Submittal: SCG will prepare
the annual levy requirements for each
District and submit the levy files in the
format required by the Riverside County
Auditor-Controller prior to the statutory
deadline. Services include preparation of
levy detail reports, enabling resolutions,
County levy files, and all supporting
documentation necessary to successfully
enroll the annual special taxes.
Deliverables: County levy files, enabling
resolutions, levy detail reports.
7. Annual Enrollment Correspondence:
SCG will prepare all annual enrollment
documentation required by the County
Auditor-Controller, including Proposition
218 compliance forms, authorized
signature forms, summary statements,
and other enrollment documents. SCG
will coordinate directly with County staff
and discuss any legislative or procedural
changes affecting the annual enrollment
process with City staff.
Deliverables: Proposition 218
compliance forms, enrollment
documentation, County
correspondence.
8. Resubmittals and Adjusted Property
Tax Bills: Should changes to the secured
tax roll require revisions following
the annual enrollment deadline, SCG
will research the affected parcels,
recalculate the special taxes, prepare
revised levy files, and coordinate
with the County to process approved
corrections. SCG will notify City staff of
any parcels rejected by the County and
recommend the appropriate corrective
action.
Deliverables: County resubmittals,
corrected levy files, parcel correction
reports.
9. Handbills: SCG will prepare and
distribute handbills for parcels that do
not receive a County property tax bill.
Handbills will include City letterhead,
invoices, payment instructions,
installment schedules, and other
information necessary to facilitate
direct payment to the City.
Deliverables: Handbills, invoices,
payment schedules.
10. Annual Levy Report: Upon
completion of the annual enrollment
process, SCG will prepare a
comprehensive Levy Report
summarizing the annual special tax
enrollments for each District. The
report will identify all parcels levied,
annual special tax amounts, total
levy revenues, and other information
relevant to the annual levy calculations.
Deliverables: Annual Levy Report, levy
summary schedules.
11. Annual Continuing Disclosure:
SCG will prepare Annual Continuing
Disclosure Reports in accordance with
the Continuing Disclosure Certificate
and SEC Rule 15c2-12. Following City
review and approval, SCG will file the
reports with the Municipal Securities
Rulemaking Board (MSRB) through
the Electronic Municipal Market
Access (EMMA) system and distribute
the reports to any additional parties
identified in the Continuing Disclosure
Agreement.
Deliverables: Annual Continuing
Disclosure Reports, EMMA filings.
12. SB 165 Reporting: SCG will assist
the City in preparing annual reports
required pursuant to Government
30 576
Code Section 53411, including financial
information, development status, and
other reporting requirements applicable
to Community Facilities Districts.
Deliverables: SB 165 Reports.
13. AB 2109 Reporting: SCG will prepare
all reports required by State and
Federal law, including Assembly Bill
2109 reporting requirements, where
applicable.
Deliverables: AB 2109 Reports.
14. California Debt and Investment
Advisory Commission (CDIAC)
Reporting: SCG will prepare and
coordinate all reports required by the
California Debt and Investment Advisory
Commission (CDIAC), including annual
reporting associated with outstanding
bond issues, where applicable.
Deliverables: CDIAC Reports.
15. Annual Reporting (AB 1666):
SCG will prepare the City’s Annual
Administrative Report in accordance
with Assembly Bill 1666. The report
will identify eligible administrative
costs, review fund balances, summarize
debt service requirements, evaluate
delinquency trends, identify surplus
or deficit fund balances, and provide
recommendations regarding the
financial condition of each District.
Deliverables: AB 1666 Annual Report.
16. Bond Call Analysis: Upon request,
SCG will evaluate outstanding bond
maturities, calculate redemption amounts
and applicable premiums, prepare revised
debt service schedules, and coordinate
bond redemption activities with the Fiscal
Agent and Trustee.
Deliverables: Bond Call Analysis, revised
debt service schedules.
17. Release of Lien: Upon confirmation
that a special tax obligation has been
prepaid, SCG will prepare and record
the Release of Lien in accordance with
applicable provisions of the Revenue
and Taxation Code and provide copies
of the recorded document to the City
and property owner.
Deliverables: Recorded Release of Lien.
18. Bond Rating Agency Support: SCG
will assist City staff in responding to
requests from bond rating agencies by
providing financial information, special
tax data, development updates, and
other information requested during the
rating review process.
Deliverables: Rating agency support,
financial information.
19. Toll-Free Property Owner Services:
SCG will provide a toll-free customer
service number for inclusion on annual
property tax bills. Our staff will respond
to inquiries from property owners, title
companies, escrow officers, developers,
and lending institutions regarding
Community Facilities Districts, annual
special taxes, payoff calculations, and
other District-related matters. Bilingual
staff members are available to assist
Spanish-speaking property owners.
Deliverables: Property owner
assistance, title company support,
bilingual customer service.
20. Disclosure for Prospective
Property Purchases: SCG will assist
the City in providing the disclosure
information required pursuant to
California Government Code Sections
53340.2(b) and 53341.5 for prospective
property purchasers and escrow
transactions.
Deliverables: Property disclosure reports.
21. Notice of Special Tax: SCG will
prepare and record Notices of Special
Tax Disclosure as required by California
Government Code Sections 53340.2(b)
and 53341.5.
Deliverables: Recorded Notice of
Special Tax.
22. Prepayment Calculations: Upon
request, SCG will calculate the special
tax prepayment amount for individual
parcels in accordance with the adopted
Rate and Method of Apportionment
and applicable bond documents. Any
applicable prepayment fees shall be
paid by the requesting party.
Deliverables: Special Tax Prepayment
Quotes.
23. Delinquency Monitoring: SCG
will monitor annual special tax
delinquencies, prepare delinquency
reports, coordinate collection activities
31 577
with City staff and foreclosure counsel,
monitor payment plans, and provide
delinquency information necessary to
support continuing disclosure reporting
and District administration.
Deliverables: Delinquency detail
reports, summary reports, collection
monitoring.
24. Foreclosure Coordination: For
Bonded Community Facilities Districts,
SCG will assist with foreclosure
proceedings by preparing supporting
documentation, coordinating with
foreclosure counsel, preparing Notices
of Intent to Commence Foreclosure,
updating delinquency information, and
assisting with removal of foreclosed
parcels from the annual tax roll as
appropriate.
Deliverables: Foreclosure
documentation, recorded notices,
delinquency schedules.
25. Current and Future CFD Laws: SCG
actively monitors changes in California
statutes, case law, and industry practices
affecting Community Facilities Districts.
We participate in continuing education
programs, professional organizations,
and industry conferences to remain
current with evolving legal and regulatory
requirements. SCG will advise City
staff of significant legislative changes
and recommend procedural updates
necessary to maintain compliance.
Deliverables: Legislative updates,
compliance recommendations.
26. Meetings: SCG will attend annual
City Council meetings, Public Hearings,
staff meetings, financing meetings, and
other meetings requested by the City
in support of the annual administration
process. Our staff will be fully prepared
to present technical information, respond
to questions, and assist City staff
throughout the administration cycle.
Deliverables: Meeting attendance,
presentations, technical support.
G. Landscape Maintenance District
(LMD) Annual Administration Services
SCG will provide comprehensive annual
administration services for the City’s
Landscape Maintenance Districts in
accordance with the Landscaping
and Lighting Act of 1972, Proposition
218, the District’s Engineer’s Report,
and County tax roll requirements. Our
team will manage every phase of the
annual administration process, including
budget development, assessment
calculations, preparation of the annual
Engineer’s Report, levy enrollment,
property owner support, and County
coordination. Services will be
coordinated with City staff, the District
Engineer, County officials, property
owners, and other project stakeholders
to ensure each Landscape Maintenance
District remains financially sustainable,
legally compliant, and accurately
administered throughout its lifecycle.
1. Kick-off Meeting: SCG will conduct an
annual kick-off meeting with City staff
to establish the annual administration
schedule, review prior year activities,
discuss proposed maintenance
budgets, identify changes affecting
the upcoming levy, establish project
milestones, and coordinate County
enrollment deadlines.
Deliverables: Annual administration
schedule, project implementation plan,
meeting summaries.
2. Data Collection and Parcel
Administration: SCG will collect and
review the annual County Assessor
parcel roll, subdivision maps, ownership
information, parcel changes, lot line
adjustments, GIS parcel files, and
other property information affecting
the annual assessment roll. Parcel
information will be verified and
maintained within STAX to ensure the
annual assessments reflect the current
tax roll and approved assessment
methodology.
Deliverables: Updated parcel database,
GIS verification, parcel change log.
3. Budget Review and Maintenance
Cost Analysis: SCG will review the
annual maintenance budget provided
by the City, including landscape
maintenance, irrigation, utilities,
administrative expenses, reserve
funding, contingency funding, and
other eligible costs. SCG will coordinate
with City staff to ensure the annual
assessments accurately recover the
costs of maintaining the District
improvements.
SCG will also review maintenance
responsibilities, zone allocations,
maintenance exhibits, and cost
assignments to verify that annual costs
are allocated among the District’s
32 578
eleven benefit zones in accordance with
the approved Engineer’s Report and
assessment methodology.
Deliverables: Annual maintenance
budget, cost recovery analysis, funding
recommendations.
4. Consumer Price Index (CPI)
Review: Where authorized by the
Engineer’s Report and assessment
ballot proceedings, SCG will calculate
the applicable Consumer Price
Index adjustment and determine the
allowable annual assessment increase in
accordance with the District’s approved
methodology.
Deliverables: CPI calculations,
assessment adjustment analysis.
5. Annual Assessment Calculations:
SCG will calculate the annual
assessments for each parcel in
accordance with the approved
Engineer’s Report and assessment
methodology. Annual calculations
will include verification of assessment
categories, benefit zones, assessment
rates, budget allocations, reserve
funding, and applicable CPI
adjustments. Multiple quality assurance
reviews will be completed prior to
finalizing the annual assessment roll.
Deliverables: Annual assessment
roll, assessment schedules, QA/QC
documentation.
6. Annual Engineer’s Report
Preparation: SCG will prepare the
annual Engineer’s Report, including
updated budgets, assessment
calculations, assessment diagrams,
assessment rolls, benefit zone
summaries, and supporting financial
schedules. The report will be reviewed
by the District Engineer prior to
finalization and presentation to the City
Council.
Deliverables: Draft and Final Engineer’s
Report, assessment roll, assessment
diagrams.
7. Public Hearing Proceedings: SCG
will assist with preparation of annual
resolutions, staff reports, notices,
public hearing documentation, and
other materials required to levy the
annual assessments. SCG will attend
City Council meetings, present the
Engineer’s Report, respond to questions,
and assist City staff throughout the
annual levy proceedings.
Deliverables: Staff report support,
resolutions, hearing documentation, City
Council presentation.
8. Annual Assessment Enrollment:
SCG will prepare the annual County
assessment files and all supporting
documentation required by the County
Auditor-Controller. Services include
preparation of levy files, authorized
signature forms, Proposition 218
compliance documentation, and other
enrollment materials necessary to place
the annual assessments on the County
property tax roll.
Deliverables: County assessment files,
Proposition 218 forms, enrollment
documentation.
9. Resubmittals and Corrected
Assessment Rolls: If changes to the
secured tax roll require revisions
following the annual enrollment
deadline, SCG will research the affected
parcels, recalculate the assessments,
prepare revised assessment files, and
coordinate approved corrections with
the County.
Deliverables: Corrected assessment
rolls, County resubmittals.
10. Handbills: SCG will prepare and
distribute handbills for parcels that
do not receive County property tax
bills. Handbills will include assessment
information, payment instructions,
installment schedules, and other
information necessary to facilitate
direct payment to the City.
Deliverables: Handbills, invoices,
payment schedules.
11. Annual Assessment Report: Upon
completion of the annual enrollment
process, SCG will prepare an Annual
Assessment Report summarizing the
assessments levied, total assessment
revenues, benefit zone summaries,
assessment rates, and other
information relevant to the annual levy.
Deliverables: Annual Assessment
Report, assessment summary
schedules.
33 579
12. Property Owner Services: SCG
will respond to inquiries from property
owners, title companies, escrow officers,
developers, and other interested
parties regarding annual assessments,
benefit zones, assessment calculations,
Engineer’s Reports, and other Districtrelated matters. Bilingual staff members are available to assist Spanish-speaking
property owners.
Deliverables: Property owner
assistance, title company support,
bilingual customer service.
13. Legislative Compliance: SCG will
monitor changes in California statutes,
Proposition 218 requirements, case
law, and industry practices affecting
Landscape Maintenance Districts.
SCG will advise City staff regarding
legislative changes and recommend
procedural updates necessary to
maintain compliance.
Deliverables: Legislative updates,
compliance recommendations.
14. Meetings: SCG will attend annual
City Council meetings, Public Hearings,
staff meetings, budget meetings, and
other meetings requested by the City
in support of the annual administration
process. Our staff will be fully prepared
to present technical information,
respond to questions, and assist City
staff throughout the annual assessment
cycle.
Deliverables: Meeting attendance,
presentations, technical support.
H. Improvement District
Administration Services
SCG will provide comprehensive
annual administration services for
the City’s Improvement Districts
in accordance with the applicable
Improvement Act, bond documents,
assessment methodology, and County
tax roll requirements. Our team will
manage every phase of the annual
administration process, including annual
assessment calculations, debt service
administration, financial reporting,
continuing disclosure, property owner
support, and County coordination.
Services will be coordinated with City
staff, bond counsel, trustees, County
officials, property owners, and other
project stakeholders to ensure each
Improvement District remains financially
sound, legally compliant, and accurately
administered throughout its lifecycle.
1. Kick-off Meeting: SCG will conduct an
annual kick-off meeting with City staff
to establish the annual administration
schedule, review prior year activities,
discuss debt service requirements,
identify changes affecting the upcoming
levy, establish project milestones, and
coordinate County enrollment deadlines.
Deliverables: Annual administration
schedule, project implementation plan,
meeting summaries.
2. Data Collection and Parcel
Administration: SCG will collect and
review the annual County Assessor
parcel roll, subdivision maps, ownership
information, parcel changes, lot line
adjustments, and other property
information affecting the annual
assessment roll. Parcel information
will be verified and maintained within
STAX to ensure the annual assessments
reflect the current tax roll and
approved assessment methodology.
Deliverables: Updated parcel database,
parcel change log, GIS verification.
3. Debt Service Review and Financial
Planning: SCG will coordinate with
the Fiscal Agent and Trustee to review
annual debt service schedules, reserve
fund balances, administrative expenses,
and other financial obligations
necessary to determine the annual
assessment requirement. SCG will
independently verify all debt service
calculations as part of our quality
assurance process.
Deliverables: Debt service schedules,
financial analysis, reserve review.
4. Annual Assessment Calculations:
SCG will calculate the annual
assessments for each parcel in
accordance with the approved
assessment methodology, debt service
requirements, administrative expenses,
reserve funding requirements, and
applicable bond documents. Multiple
quality assurance reviews will be
completed prior to finalizing the annual
assessment roll.
Deliverables: Annual assessment
roll, assessment schedules, QA/QC
documentation.
34 580
5. Annual Assessment Enrollment:
SCG will prepare the annual County
assessment files, assessment roll,
enabling resolutions (if required), and
supporting documentation necessary
to enroll the annual assessments on
the County property tax roll. SCG will
coordinate directly with County staff to
ensure timely enrollment.
Deliverables: County assessment
files, assessment roll, enrollment
documentation.
6. Continuing Disclosure and
Regulatory Compliance: SCG will
prepare Annual Continuing Disclosure
Reports in accordance with the
Continuing Disclosure Certificate
and SEC Rule 15c2-12. Following City
review and approval, SCG will file the
reports with the Municipal Securities
Rulemaking Board (MSRB) through
the Electronic Municipal Market Access
(EMMA) system and prepare CDIAC
reports and other regulatory filings,
where applicable.
Deliverables: Continuing Disclosure
Report, EMMA filing, CDIAC reports.
7. Property Owner Services: SCG will
respond to inquiries from property
owners, title companies, escrow officers,
developers, and lending institutions
regarding annual assessments, payoff
calculations, assessment balances, bond
obligations, and other Improvement
District-related matters. Bilingual staff
members are available to assist Spanishspeaking property owners.
Deliverables: Property owner
assistance, title company support,
payoff calculations.
8. Delinquency Monitoring: SCG
will monitor annual assessment
delinquencies, prepare delinquency
reports, coordinate collection activities
with City staff and foreclosure counsel,
monitor payment plans, and provide
delinquency information necessary to
support continuing disclosure reporting
and annual administration.
Deliverables: Delinquency reports,
collection monitoring, summary reports.
9. Release of Assessment Lien: Upon
confirmation that an assessment
obligation has been prepaid, SCG will
prepare and coordinate the recordation
of the appropriate Release of
Assessment Lien and provide copies of
the recorded document to the City and
property owner.
Deliverables: Recorded Release of
Assessment Lien.
10. Meetings: SCG will attend annual
City Council meetings, staff meetings,
financing meetings, and other meetings
requested by the City in support of
the annual administration process.
Our staff will be fully prepared to
present technical information, respond
to questions, and assist City staff
throughout the annual assessment
cycle.
Deliverables: Meeting attendance,
presentations, technical support.
I. County Service Area (CSA) No. 152
Annual Administration Services
SCG will provide comprehensive
annual administration services for
County Service Area (CSA) No. 152 in
accordance with the County Service
Area Law, the District’s formation
documents, approved budget, and
County tax roll requirements. Our team
will manage every phase of the annual
administration process, including
budget development, benefit charge
calculations, annual levy preparation,
County coordination, financial
reporting, property owner support,
and ongoing district administration.
Services will be coordinated with
City staff, Riverside County officials,
property owners, and other project
stakeholders to ensure the District
remains financially sustainable, legally
compliant, and accurately administered
throughout its lifecycle.
1. Kick-off Meeting: SCG will conduct
an annual kick-off meeting with
City staff to establish the annual
administration schedule, review prior
year activities, discuss operational
changes, identify budget requirements,
establish project milestones, and
coordinate County enrollment
deadlines.
Deliverables: Annual administration
schedule, project implementation plan,
meeting summaries.
35 581
2. Data Collection and Parcel
Administration: SCG will collect and
review the annual County Assessor
parcel roll, subdivision maps, ownership
information, parcel changes, lot line
adjustments, and other property
information affecting the annual benefit
charge roll. Parcel information will be
verified and maintained within STAX
to ensure the annual benefit charges
reflect the current tax roll and approved
benefit methodology.
Deliverables: Updated parcel database,
parcel change log, GIS verification.
3. Budget Review and Financial
Planning: SCG will review the annual
operating budget, administrative
expenses, reserve funding requirements,
anticipated service costs, and other
financial information necessary to
determine the annual benefit charge
requirement. SCG will coordinate with
City staff to assist with accurate cost
recovery and provide recommendations
regarding reserve funding and future
budget needs.
Deliverables: Annual budget
analysis, reserve review, funding
recommendations.
4. Annual Benefit Charge Calculations:
SCG will calculate the annual benefit
charges for each parcel in accordance
with the District’s approved methodology,
budget requirements, reserve funding
needs, and applicable statutory
requirements. Multiple quality assurance
reviews will be completed prior to
finalizing the annual assessment roll.
Deliverables: Annual benefit charge
roll, assessment schedules, QA/QC
documentation.
5. Annual Levy Preparation and
County Enrollment: SCG will prepare
the annual County tax roll files, levy
documentation, authorized signature
forms, and supporting materials
necessary to enroll the annual benefit
charges on the County property tax
roll. SCG will coordinate directly with
Riverside County staff to ensure timely
enrollment.
Deliverables: County levy files,
enrollment documentation, levy reports.
6. Resubmittals and Corrected
Assessment Rolls: If revisions are
required following the annual enrollment
deadline, SCG will research the
affected parcels, recalculate the benefit
charges, prepare revised levy files, and
coordinate approved corrections with
Riverside County.
Deliverables: Corrected levy files,
County resubmittals.
7. Property Owner Services: SCG will
respond to inquiries from property
owners, title companies, escrow officers,
developers, and other interested
parties regarding annual benefit
charges, District boundaries, parcel
classifications, and other District-related
matters. Bilingual staff members are
available to assist Spanish-speaking
property owners.
Deliverables: Property owner
assistance, title company support,
bilingual customer service.
8. Financial Reporting and District
Monitoring: SCG will prepare annual
administrative reports summarizing
annual levy activity, fund balances,
budget performance, development
activity, parcel changes, and other
financial information necessary to
assist the City in monitoring the longterm financial condition of the District.
Deliverables: Annual administrative
report, financial summaries, budget
monitoring.
9. Legislative Compliance: SCG will
monitor changes in California statutes,
County Service Area Law, and industry
practices affecting County Service
Areas. SCG will advise City staff of
legislative changes and recommend
procedural updates necessary to
maintain compliance.
Deliverables: Legislative updates,
compliance recommendations.
10. Meetings: SCG will attend annual
City Council meetings, staff meetings,
budget meetings, and other meetings
requested by the City in support of the
annual administration process. Our staff
will be fully prepared to present technical
information, respond to questions, and
assist City staff throughout the annual
administration cycle.
Deliverables: Meeting attendance,
presentations, technical support.
for special district administration.
36 582
22 APPENDIX B
583
23 584
24 APPENDIX C
585
586
26 APPENDIX D
587
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
▶ Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
Print or type.
See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) ▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here Signature of
U.S. person ▶ Date ▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)
SCG - SPICER CONSULTING GROUP, LLC
SPICER CONSULTING GROUP
� S
41880 KALMIA STREET, SUITE 145
MURRIETA, CA 92562
8 1 2 6 5 8 5 7 9
588
28 APPENDIX E
589
590
spicercg.com
591
SCG proposes the following fixed-fee
schedule for CFD formation, annexation,
bond financing support, fiscal impact
analysis, and annual administration
services. Fees include project
management, special tax consulting, GIS
support, coordination with City staff and
legal counsel, preparation of required
reports and exhibits, and attendance
at meetings necessary to complete the
requested services.
The above formation and financing
services are generally initiated in
connection with private development
projects. Accordingly, these costs are
typically funded through developer
deposits and, where applicable,
reimbursed from bond proceeds or
other financing mechanisms. SCG
proposes the following fixed-fee
schedule for services performed in
accordance with the Scope of Services
included in Appendix A.
Consulting Services Fee
A. Facilities CFD Formation Services $25,000
Plus: per Improvement Area $5,000
B. Bond Issuance Services $25,000
C. Maintenance CFD Formation Services $15,000
D. Maintenance CFD Annexation Services $12,500
E. Public Safety Fiscal Impact Analysis Services $13,500 F. Public Safety CFD Formation Services $9,500
G. Public Safety CFD Annexation Services $10,000
CFD Administration Services Fee
A. Facilities CFD – Monitoring (No Development) $2,500
B. Facilities CFD – Pre Bond Issuance (Some Development) $5,000 C. Facilities CFD – Bonded (per Improvement Area/Bond Series) $7,500 D. Maintenance CFD Residential ($500-$1,800 per Zone) Varies E. Maintenance CFD Commercial (per Zone) $500
F. Public Safety CFD (per Annexation) $500
LMD Administration Services Fee
A. Landscape Maintenance District No. 1 (11 Zones) $11,000 Optional Administration Services Fee
A. Improvement District 2004-1 $4,500
B. CSA 152 $6,500
Hourly Rates
Title Rate
Principal $265
Senior Associate $185
Associate $145
Mapping Technician $135
Administrative Support $90
V.C PRICE PROPOSAL
18 Hourly / Additional Services
Services not specifically included in
the fixed-fee scope may be provided
on an hourly basis upon written
authorization by the City. These services
may include special studies, additional
financial analyses, special presentations,
development agreement support,
bond refunding analysis, additional
GIS mapping, legislative or regulatory
research, special district policy updates,
and other services requested by the City.
For services not specifically
identified in the above fee schedule,
compensation shall be based upon
the hourly rates set forth herein,
together with reimbursement at cost
for reasonable direct expenses incurred
in connection with the administration
services, and reimbursement for
outside professional services at cost
plus fifteen percent (15%), when
authorized by the City.
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PS Version 1 Last Reviewed: 3/4/2026
1 AGREEMENT FOR PROFESSIONAL SERVICES (C01295)
BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________ by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and SCG-SPICER CONSULTING GROUP, LLC, a California limited liability company whose address is 41880 Kalmia Street, Suite 145, Murrieta, California 92562 (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. City desires to engage Contractor to provide the following services: community facilities district (CFD) & tax consulting services; and B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after two (2) years from the Effective Date, unless extended for up to three (3) additional one (1) year term upon approval of the City Council of the City.
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PS Version 1 Last Reviewed: 3/4/2026
2 2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: assist in the formation, implementation, and potential administration of Community Facilities District (CFDs) pursuant to the Mello-Roos Community Facilities Act of 1982, for bonded district, as well as service and maintenance districts. Also, provide special district administration services in accordance with Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Shane Spicer as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”). City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.
3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.
Contractor shall ensure that all subcontractors comply with the requirements of this Agreement, including, but not limited to, insurance, indemnification, and licensing requirements.
4. Compensation.
4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of Five Hundred Twenty-Six Thousand Dollars and Zero Cents ($526,000.00) for the full five-year term of the agreement.
4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.
4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
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PS Version 1 Last Reviewed: 3/4/2026
3 a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.
4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.
5. Obligations of Contractor.
5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.
5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.
5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
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4 5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein.
In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.
5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.
5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.
5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.
5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.
5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.
5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, 596
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5 circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager.
Contractor warrants all Services under the Agreement to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at Contractor’s sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Services (or work of other contractors) damaged by Contractor’s defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor’s obligation hereunder to correct defective Services shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Services. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor.
In the event that Contractor fails to fulfil its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Services and any work damaged by such services or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
5.13 Time is of the essence in the performance of this Agreement.
6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.
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6 maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.
If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.
Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.
6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required __; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by Contractor, its employees and/or agents in the performance of any Services for City.
6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic 598
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7 information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.
6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):
i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.
7. General Conditions pertaining to Insurance Coverage.
7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.
7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A-VII”. The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
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8 Contractor or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
8. Indemnification.
8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. 600
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9 Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.
9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.
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10 10. Termination of Agreement.
10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.
10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.
11. Status of Contractor.
11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.
11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located. Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.
12. Ownership of Documents; Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services 602
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11 performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.
12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.
Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.
12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.
12.04 Contractor acknowledges that the City is a California municipal corporation and is subject to the California Public Records Act, Government Code § 7920.000 et seq. (“CPRA”), and other applicable laws requiring public access to records. Contractor further acknowledges and agrees that any and all documents, records, data, writings, communications, materials, and other information of any kind, in any format (including electronic format), that Contractor (or any associate, subcontractor, consultant, or agent of Contractor) prepares, develops, obtains, provides, transmits, or submits to the City, or that are otherwise received or maintained by the City, in connection with this Agreement or the Services may constitute public records and may be subject to disclosure to third parties in response to a CPRA request, unless the City determines that all or a portion of the Submitted Materials are exempt from disclosure under the CPRA or other applicable law.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 603
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12 13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this 604
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13 Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.
13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.
Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1771 - Requirement to Pay Prevailing Wages
2. Section 1773.1 – Per Diem Wages; Travel and Subsistence Pay.
3. Section 1774 – Payment of Prevailing Wage Rates.
4. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
5. Section 1776 – Payroll Records and Certified Payroll Reports.
6. Section 1777.5 - Apprenticeship Requirements.
7. Sections 1810 and 1811 - Working Hour Restrictions.
8. Section 1813 - Penalty for Failure to Pay Overtime.
13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.
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14 13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.
13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
13.16 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations is delayed or prevented by causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, fires, floods, epidemics, pandemics, earthquakes, strikes, labor disputes, governmental orders, or failure of utilities. The affected party shall promptly notify the other party in writing of the occurrence of such event and shall use reasonable efforts to resume performance as soon as practicable. Force majeure shall not excuse the obligation to make payments when due. In no event shall force majeure entitle Contractor to additional compensation, but only to a reasonable extension of time.
13.17 Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified neither party shall be responsible for the service of the other.
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15 13.18 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.
13.19 The provisions of this Agreement that by their nature are intended to survive the expiration or termination of this Agreement shall survive such expiration or termination.
Without limiting the foregoing, the provisions relating to indemnification, ownership of documents and intellectual property, audit and records retention, insurance obligations, confidentiality, and payment obligations shall survive the termination or expiration of this Agreement.
13.20 Notice. Any notice, demand, request, consent, approval, or other communication required or permitted to be given under this Agreement (“Notice”) shall be in writing and shall be deemed to have been duly given if delivered personally, sent by nationally recognized overnight courier, sent by certified or registered mail (return receipt requested), or sent by electronic mail, addressed as follows:
To City:
City of Banning
Attn: City Manager
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
To Contractor:
SCG-Spicer Consulting Group, LLC
Attn: Shane Spicer
41880 Kalmia Street, Suite 145
Murrieta, California 92562
Email: [email protected]
Notices shall be deemed received as follows: (i) on the date of delivery if delivered personally; (ii) one (1) business day after deposit with a nationally recognized overnight courier; (iii) three (3) business days after deposit in the United States mail, postage prepaid; or (iv) on the date transmitted if sent by electronic mail during normal business hours of the receiving party, or on 607
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16 the next business day if sent after normal business hours. Either party may change its address for Notice by providing written Notice of such change to the other party in accordance with this Section.
13.21 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.
13.22 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
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17 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BANNING SCG-SPICER CONSULTING GROUP LLC
By:_______________________ By:_______________________
Elizabeth Gibbs, City Manager Print
Name: ____________________
Date: ______________________
Date: _____________________
City Council Approval: RESO No.
ATTEST:
By: ______________________
Sandra Calderon, Deputy City Clerk
Date: __________________
APPROVED AS TO FORM:
By: ______________________
Phaedra Norton, City Attorney
Date: __________________
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18 EXHIBIT “A”
PROPOSAL
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20 612
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21 613
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22 614
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24 EXHIBIT “B”
CERTIFICATES OF INSURANCE
616