Agenda packet — Banning City Council, September 23, 2025 (part 1 of 4)

September 23, 2025
5:00 p.m.

In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220

1. CALL TO ORDER

2. AGENDA APPROVAL
AGENDA

CITY COUNCIL - REGULAR MEETING

CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).

To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
https://us02web.zoom.us/j/82012644588?pwd=RwqtJC8xehLDKZvr3LEKOf9u8uP2pt.1 Dial in: +1 669 900 9128
Meeting ID: 820 1264 4588
Password: 92220
Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.1 INVOCATION
Performed by Rev. Stacy Dupree, Episcopal Church of the Good Shepherd.

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
City Council - Regular Meeting Agenda
September 23, 2025
1 3. PRESENTATIONS

3.1 Proclamation - Dr. Clara Wooten-Thomas

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

6. CONSENT ITEMS

6.1 Approval of the meeting minutes for the September 9, 2025 City Council meetings.

6.2 Receive and File Fire Protection Services Statistics for the Month of August 2025.

6.3 Receive and File Code Enforcement Statistics for the Month of August 2025

6.4 Receive and File Police Department Statistics for the Month of August 2025.

6.5 Receive and File Animal Control Statistics for the Month of August 2025.

6.6 Public Works Capital Improvement Project Tracking List

6.7 Consideration of Accepting an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-3 of the Atwell Project
Recommendation: Proclaim - A Day to Honor Dr. Clara Wooten-Thomas John Pinkney, Interim City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS

5.3.1 Appoint a new member to the Budget and Finance Committee Recommendation: Appoint a new member to the Budget and Finance Committee

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS

5.6 CITY MANAGER'S REPORT

5.7 CITY ATTORNEY'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

Recommendation: Approve the meeting minutes for the September 9, 2025 City Council meetings.

Recommendation: Receive and file.

Recommendation: Accept an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-3 of the Atwell Project.

City Council - Regular Meeting Agenda
September 23, 2025
2 6.8 Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for August 2025

6.9 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of May 2025.

6.10Receive and File Accounts Payable and Payroll Warrants Issued in the Month of June 2025.

6.11Consideration of Second Reading of Ordinance 1612 of the City of Banning, California Establishing a Procedure for Property Owner Objections to Proposed Water/Sewer Fees or Special Assessments

6.12Consideration of Resolution 2025-125, Amending the Classification & Compensation Plan for the City of Banning related to the positions of Executive Secretary (Unfund), Administrative Analyst (Fund), Code Compliance Supervisor (Unfund), Code Compliance Officer (Fund) and Electric Service Planner (Reclass)

6.13 Consideration of Resolution 2025-132, Amending the Banning Electric Utility’s Rules and Regulations #1 to #19, #21 and the General Provisions, Removal of Rule #20 and Adding Rules #22, #23 and Notes, Which Set Forth Electric Service Requirements

6.14Consideration of Resolution 2025-133, Award of a Professional Services Contract to Peckham & McKenney to conduct the Executive recruitment for the City of Banning next Permanent City Manager in the amount of $32,050.00.

7. PUBLIC HEARINGS

7.1 Re-introduction and Adoption of Ordinance 1611, Approving a Development Agreement By and Between the City of Banning and JDNJ Enterprises, LLC, a Missouri Limited Liability Corporation, for the Banning Commerce Center Project by Sansone Group Previously Approved Under Council Resolutions 2025-106 and 2025-107 and Involve the Construction of a 1,320,284-Square Foot Industrial Warehouse Building on 131.28-acres of Land Generally Located North of the I-10 Freeway/E. Ramsey Street, East of N. Hathaway Street and Bisected by Wilson Street.

7.2 Consideration of Resolution 2025-135 Approving a Cannabis Conditional Use Permit (CUP) Application Case No. PLN 24-0107, by Flower Dept, LLC to Allow for Recommendation: Receive and file.

Recommendation: Receive and file.

Recommendation: Approve second reading of Ordinance 1612.

Recommendation:

Adopt Resolution 2025-125.

Recommendation:

Adopt Resolution 2025-132.

Recommendation: Adopt Resolution 2025-133.

Recommendation: Re-introduce and Conduct First Reading of, by Title Only, Ordinance 1611: An Ordinance of the City Council of the City of Banning, California, Approving a Development Agreement by and between the City of Banning and JDNJ Enterprises, LLC, a Missouri Limited Liability Corporation.

City Council - Regular Meeting Agenda
September 23, 2025
3 the Commercial Cultivation of Cannabis (Project) within an Existing 8,041-square foot Industrial Building at 200 John Street, in the Industrial (I) Zoning District (APN 541-220-006)

8. REPORTS OF OFFICERS

9. DISCUSSION/ACTION ITEMS

9.1 Consideration of Resolution 2025-136 Recognizing the Fourth Friday of September as California Native American Day

9.2 Consideration of Resolution 2025-131, Approving the Installation of a Stop Sign and Establishing a Multi-Way Stop Controlled Intersection at First Street/Hays Street and Highland Springs Avenue/Potrero Boulevard

10. ITEMS FOR FUTURE AGENDAS

11. ADJOURNMENT
Recommendation: Adopt Resolution 2025-135.

Recommendation: Adopt Resolution 2025-136
Recommendation: Adopt Resolution 2025-131.

11.1 NEW ITEMS

1. Community Garden, Sun Lakes (Flynn)

11.2 EXISTING ITEMS

1. Animal Control Facility Assessment (Flynn)

2. Contractor(s) to do Citywide Cleanup (Flynn)

3. Emergency Preparedness (Barrington)

4. Review and Update Council travel Policy (Flynn)

5. Streamline Procurement Policy (Flynn)

6. Comp. & Class Salaries (Royce)

7. LMD Alternative Sources (Royce)
Next Regular Meeting – October 14, 2025
Zoom Community Standards for Public Meetings
By participating in this meeting on Zoom, you are agreeing to abide by the City of Banning’s Community Standards for Public Meetings. Zoom attendees that fail to adhere to these standards may be removed from the meeting room.

Your microphone must remain on mute, and you may only unmute your microphone when/if you are recognized by the Mayor.

Your camera must be turned off unless/until you are recognized by the Mayor.

To indicate a desire to make Public Comment, you must use the Raise Hand function. The Mayor will not recognize those who have not used the Raise Hand function.

Public Comment from Zoom attendees will immediately follow in-person comment from members of the public in Council Chambers.

If you fail to adhere to these community guidelines, you may be removed for disrupting the meeting occurring in Council Chambers. You may rejoin the meeting but may be removed for each violation of these community standards.

The chat function will be disabled for all City Council meetings on Zoom.

Estándares comunitarios de Zoom para Reuniones Públicas City Council - Regular Meeting Agenda
September 23, 2025
4 Al participar en esta reunión en Zoom, usted acepta cumplir con los Estándares Comunitarios para Reuniones Públicas de la ciudad de Banning. Los que atienden por Zoom que no cumplan con estos estándares pueden ser retirados de la sala de reuniones.

Su micrófono debe permanecer en silencio, y solo puede reactivar su micrófono cuando / si es reconocido por el alcalde.

Su cámara debe estar apagada a menos que sea reconocido por el alcalde.

Para indicar el deseo de hacer un Comentario Público, debe utilizar la función Levantar la mano. El alcalde no reconocerá a quienes no hayan utilizado la función Levantar la mano.

Los comentarios públicos de lo que atienden por Zoom seguirán inmediatamente los comentarios en persona de los miembros del público en las Cámaras del Consejo.

Si no cumple con estas pautas de la comunidad, es posible que lo destituyan por interrumpir la reunión que tiene lugar en las Cámaras del Consejo. Puede volver a unirse a la reunión, pero es posible que lo eliminen por cada violación de estos estándares de la comunidad.

La función de chat estará deshabilitada para todas las Reuniones del Ayuntamiento en Zoom.

AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
City Council - Regular Meeting Agenda
September 23, 2025
5 PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.

Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
September 23, 2025
6 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Administrative City Clerk MEETING DATE: September 23, 2025
SUBJECT: Proclamation - Dr. Clara Wooten-Thomas
RECOMMENDATION:

Proclaim - A Day to Honor Dr. Clara Wooten-Thomas
BACKGROUND:

Proclaim A Day to Honor Dr. Clara Wooten-Thomas.

JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Proclamation_- Dr. Clara Wotten-Thomas.pdf
7 BE IT PROCLAIMED this 23rd day of September, 2025.

Sheri Flynn, Mayor
WHEREAS, the City of Banning recognizes Dr. Clara Wooten-Thomas on the Occasion of Her 90th Birthday and In Recognition of Her Leadership and Service; and WHEREAS, Dr. Clara Wooten-Thomas has devoted her life to leadership, education, and community service, enriching the lives of countless individuals through her dedication, compassion, and unwavering commitment to others; and
WHEREAS, Dr. Clara Wooten-Thomas has served as a role model and mentor, inspiring future leaders with her vision, wisdom, and passion for making a difference; and WHEREAS, throughout her life, Dr. Clara Wooten-Thomas has embodied the values of civic duty, resilience, and perseverance, leaving an enduring legacy in the City of Banning and beyond; and WHEREAS, on September 23, 2025, Dr. Clara Wooten-Thomas will celebrate her 90th birthday.

A milestone that reflects a lifetime of extraordinary accomplishments and service to her family, community, and city; and
WHEREAS, it is fitting that the City of Banning publicly acknowledge and commend Dr. Clara Wooten-Thomas for her remarkable achievements and celebrate this joyful occasion:

NOW THEREFORE I, Sheri Flynn, Mayor of the City of Banning, on behalf of the City Council, do hereby proclaim Tuesday, September 23, 2025, as City of Banning OFFICE OF THE MAYOR
A Day to Honor Dr. Clara Wooten-Thomas
8 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Art Vela, Interim City Manager
MEETING DATE: September 23, 2025
SUBJECT: 5.3.1 Appoint a new member to the Budget and Finance Committee RECOMMENDATION:

Appoint a new member to the Budget and Finance Committee BACKGROUND:

On September 16, 2025, the Mayor, Sheri Flynn, resigned from her position as a member of the Budget and Finance Committee, thereby creating a vacancy. The City Council is encouraged to take action to appoint a qualified individual to fill this vacancy in order to ensure the Committee can continue to function effectively.

JUSTIFICATION:

Filling this vacancy is important to maintain a full and balanced membership on the Budget and Finance Committee.

FISCAL IMPACT:

None.

ALTERNATIVES:

Do not appoint, which would leave a vacancy on the three member Budget and Finance Committee.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
9 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Administrative City Clerk MEETING DATE: September 23, 2025
SUBJECT: Approval of the meeting minutes for the September 9, 2025 City Council meetings.

RECOMMENDATION:

Approve the meeting minutes for the September 9, 2025 City Council meetings.

BACKGROUND:

After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.

JUSTIFICATION:

These minutes have been prepared as summary minutes in accordance with City Council Resolution 2025-22 and Government Code Section 36814, 4801, and 54953 (c)(2).

FISCAL IMPACT:

None
ALTERNATIVES:

1. Approve as recommended.

2. Approve with modifications.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025 09 09_City Council_Closed Session_DRAFT.pdf

2. 2025 09 09_City Council_Workshop_DRAFT.pdf

3. 2025 09 09_City Council_Regular_DRAFT.pdf
10 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION)

CITY OF BANNING, CALIFORNIA
The following information comprises the minutes for the special meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

September 9, 2025 Council Chambers
2:30 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Phaedra Norton, Assistant City Attorney
Arturo Vela, Acting City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk

1. CALL TO ORDER - 2:30 p.m.

COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X Miller, Leroy X
Royce, Richard X
Wallace, Colleen X

2. PUBLIC COMMENTS - Agenda Items Only
Frank Connelly addressed the City Council regarding Closed Session Item 3.3 regarding Lease Agreement with the Banning Chamber of Commerce, noting that the building was originally funded through CDBG development grant funds and emphasizing the Chamber’s vital role in the community. He encouraged the Council to work with the Chamber to provide a fair lease and the importance of retaining the gas company in the City and urged the Council to ensure that Art is retained, stating that he is a asset to the City.

3. CLOSED SESSION
John Pinkney, City Attorney read closed session items.

3.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION 11 2
Potential Initiation of Litigation Pursuant to Government Code Section 54956.9 (d) (4). Three Potential Cases.

3.2 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code 54956.9 paragraph 2 of subdivision (d) – One (1) case

3.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: 60 E. Ramsey Street; APN 541-181-021 & 023
Agency Negotiator: Interim City Manager Art Vela
Negotiating Party: Banning Chamber of Commerce
Under Negotiation: Price & Terms of Lease

3.4 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6 (d) (1) Agency Designated Representatives: Art Vela, Acting City Manager; David Newell, Community Development Director; Michelle Green, Interim Finance Director; Nicole Jews, Human Resources Manager; Oliver Yee, Liebert Cassidy and Whitmore (City Counsel) Employee Organization: Banning Police Manager's Association (BPMA); Banning Police Officer's Association (BPOA)

3.5 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representatives: Interim City Manager, Art Vela or designee Unrepresented Employee: Finance Director and Human Resources Director The City Council went into Closed Session at 2:32 p.m.

The City Council recessed at 4:12 p.m.

The City Council went into Closed Session again at 4:43 p.m.

The City Council reconvened in Open Session at 5:24 p.m.

The City Attorney reported that there was no reportable action taken on Close Session items

3.1 through 3.5.

4. ADJOURNMENT
A motion to adjourn the meeting was made by Councilmember Miller, seconded by Councilmember Wallace.

Motion carried unanimously 5-0, and the meeting was adjourned at 5:27 p.m.

Minutes prepared by:

The entire discussion of this meeting may be viewed here:
1 of 2 https://banningca.granicus.com/player/clip/230?view_id=1&redirect=true 2 of 2 https://banningca.granicus.com/player/clip/233?view_id=1&redirect=true 12 1

MINUTES

CITY COUNCIL - SPECIAL MEETING (WORKSHOP)

September 9, 2025 Council Chambers
4:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Arturo Vela, Acting City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk

1. CALL TO ORDER – 4:13 p.m.

COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X Miller, Leroy X
Royce, Richard X
Wallace, Colleen X

2. PUBLIC COMMENTS - Agenda Items Only
Frank Connelly expressed support for the recommended option, noting it benefits the City, residents, and the utility.

3. WORKSHOP

3.1 Presentation on the Banning Electric Utility Cost of Service Analysis and Rate Design Study prepared by NewGen Strategies and Solutions, LLC
Recommendation: Discuss the Banning Electric Utility - Cost of Service Analysis and Rate Design Study and provide feedback to staff's recommended electric rate increases and next steps.
13 2
Art Vela, Acting City Manager provided background on the Electric Utility’s financial challenges, including declining cash balances and capital expenses, noting a negative $9 million balance as of June 30, 2023. Council previously approved two 13.9% rate increases (effective November 2024 and November 2025). He summarized meetings with the Budget and Finance Committee on May 20 and July 15, 2025, regarding rate scenarios. The Committee recommended proceeding with a rate design process to achieve a positive cash balance by fiscal year 2028.

Consultant with NewGen Strategies was invited to present further details.

NewGen provided the presentation.

4. ADJOURNMENT
A motion to adjourn the meeting was made by Councilmember Wallace, seconded by Councilmember Miller.

Motion carried unanimously 5-0, and the meeting was adjourned at 4:42 p.m.

Minutes prepared by:

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/231?view_id=1&redirect=true Attachment:

Exhibit A – Agenda Item 3.1: Presentation
14 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

BANNING ELECTRIC UTILITY

COST OF SERVICE/RATE STUDY WORKSHOP
September 9, 2025
Exhibit A
15 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC 2
AGENDA
2 1 Rate Study Process
2 Rate Study Assumptions
3 Recommended Rate Changes
4 Bill Comparisons and Bill Impacts
5 Conclusions and Next Steps
16 RATE STUDY PROCESS
17 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC 4

RATE STUDY

PROCESS

OVERVIEW
4 STEP 1
STEP 2
STEP 4
STEP 3
STEP 5
Determine the revenue
requirements of the utility
Unbundle costs by functions and services
(power supply, transmission and
distribution, customer)
Classify costs (demand, energy, customer
costs, etc.)
Allocate costs among customer classes
Design rates
Test Year Revenue Requirement
Cost Allocation
Rate Design
18 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC 5

COST OF

SERVICE
MODEL
DESIGN
5 19
© 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
RATE STUDY PROCESS:

COST OF SERVICE TO RATE DESIGN
6 Cost of Service Ratemaking Rates
• Revenue Requirement:
− Functionalize
− Classify
− Allocate
Guide for cost-based rates,
subject to Proposition 26 by
class.
• Policy decisions
• Incentivize behavior
• Rates do not always match
COS, subject to Proposition
26 • Industry practice is to move
toward or align with COS
• Collect sufficient revenue
• Support community goals
• Price signal to customers:
− Convey information
− Change behavior
20 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

RATE PLAN RECOMMENDATIONS
• Difference between “rate revenue”
changes and “rate element” changes:
̶ Rate revenue is set by COS for class.
̶ Rate elements are set by policy
considerations.
• Move toward COS over time:
̶ Gradualism is an effective strategy.
• Proposed changes to base rates:
̶ Power charge adjustment factor (PCAF)
changes quarterly based on the market price
for power and transmission.
7 21

RATE STUDY ASSUMPTIONS
22 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

TEST YEAR REVENUE REQUIREMENT AND ASSUMPTIONS
• Test Year Period:
̶ 2026–2030 (5 years).
• Study Assumptions:
̶ Annual load growth (kilowatt-hour [kWh]) of 2.4% applied to all classes. ̶ Average capital plan is $5.7 million per year.
̶ Propose creating Working Capital Reserve.
̶ Anticipated change to Wholesale Distribution Access Tariff (WDAT) agreement not included:
• Could increase utility costs (TBD).
̶ Rate revenues will be reviewed annually and adjusted as necessary. 9 23
© 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
NOVEMBER 1 RATE INCREASES:

IMPACT TO FISCAL YEAR REVENUES
10 • All rate increases were implemented on November 1. • Revenue increase targets on a fiscal year (FY) basis. • Each FY will have two sets of rates:
̶ July 1 through October 31 (prior FY year rates).
̶ November 1 through June 30 (current FY year rates).

Fiscal Year Revenue
Prior Fiscal Year
Rate Increase
Current Fiscal Year
Rate Increase
24 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

MONTHLY ELECTRIC USAGE NOT CONSTANT

THROUGHOUT FISCAL YEAR
• First 4 months of FY have 42% of
system sales.
̶ Billed on prior year’s rate increases.
• Next 8 months of FY have 58% of
system sales.
̶ Billed on current year’s increased rates.
11 25
© 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

REVENUE REQUIREMENT BY COMPONENT
12 Items
FY 2026
($000)
Test Year ($000)
Average
2026–2030
Operating Expenses
Purchased Power $23,214 $25,773
Supplies and Services $1,399 $1,464
Labor Expenses $7,346 $7,689
Interfund Services $5,480 $5,736
Other Expenses (Revenues) $194 $203
Debt Service $2,390 $2,375
Other
Other Income ($5,784) ($5,804)
Contributions to Funds $1,677 $9,047
Capital from Cash $0 $0
Total Revenue Requirement* $35,916 $46,483
*Total may not be equal to sum of the parts due to rounding.

Revenue Requirement Drivers:
• Cash needed to meet positive funds in 2028
• $9 million for test year (average)
• Other cash needs/annual adjustments:
− Power Supply Expense: 5.2%
− Supplies and Services: 2.2%
− Labor Expenses: 2.2%
− Interfund Services/Other: 2.2%
− Debt Service:
• No new debt, no debt refinancing
− Other Income: 2.2%:
• Non-rate revenue (CAISO market revenues):
held flat
26 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

TARGET KEY PERFORMANCE INDICATORS
13 Target FY System Revenue Increases: 20.0% 20.0% 3.0% 3.0% 3.0% Key Performance Indicators FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Meet Debt Service Coverage Target? (1.20x) YES YES YES YES YES Meet Days Cash on Hand Target? (90 Days) NO NO YES YES YES Electric Utility Fund (Collective) Year End Balance ($8,995,426) ($1,194,150) $8,892,005 $21,434,769 $33,754,983 Total Fund Contributions from Rate Revenues $1,677,000 $7,702,000 $10,952,000 $12,452,000 $12,452,000 Summary:
• Utility needs large cash infusion from rates in FY 2026/2027. • Projected to meet financial metrics in FY 2028.
• Utility to review annually and adjust rates accordingly. 27 RECOMMENDED RATE CHANGES
28 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
RESIDENTIAL CLASS:

EXISTING AND PROPOSED RATES
15 Rate Effective Date
Rate Component Billing Unit Existing 11/1/2025 11/1/2026 11/1/2027 11/1/2028 11/1/2029 Basic Service Charge $/month $34.00 $43.00 $43.00 $43.00 $43.00 $43.00 Energy Charge $/kWh $0.16190 $0.18780 $0.23660 $0.24130 $0.24610 $0.24610 PCAF $/kWh To Be Calculated Quarterly
All proposed rates implemented on November 1 of the FY.

Rate Design Summary:
• Increase fixed cost recovery from Basic Service Charge in FY 2026. • Increase Energy Charge in FYs 2026, 2027, and 2028.
• No increase to rates in FY 2029; anticipated growth in FY 2030. • Competitive with neighboring utilities throughout rate plan. 29 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
SMALL COMMERCIAL CLASS:

EXISTING AND PROPOSED RATES
16 Rate Effective Date
Rate Component Billing Unit Existing 11/1/2025 11/1/2026 11/1/2027 11/1/2028 11/1/2029 Basic Service Charge $/month $67.00 $80.00 $80.00 $80.00 $80.00 $80.00 Energy Charge $/kWh $0.13690 $0.16360 $0.20780 $0.24730 $0.25720 $0.25720 Multi-Phase Service Charge $/month $4.52 $4.52 $4.52 $4.52 $4.52 $4.52 PCAF $/kWh To Be Calculated Quarterly
Rate Design Summary:
• Class for multi-phase customers up to 50 kilowatts (kW) of monthly demand. • Increase fixed cost recovery from Basic Service Charge in FY 2026. • Increase Energy Charge in FYs 2026, 2027, and 2028.
• No change to Multi-Phase Service Charge.
• No increase to rates in FY 2029; anticipated growth in FY 2030. 30 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
GENERAL SERVICE CLASS:

EXISTING AND PROPOSED RATES
17 Rate Effective Date
Rate Component Billing Unit Existing 11/1/2025 11/1/2026 11/1/2027 11/1/2028 11/1/2029 Basic Service Charge $/month $67.00 $80.00 $80.00 $80.00 $80.00 $80.00 Energy Charge $/kWh $0.13690 $0.16360 $0.20780 $0.24730 $0.25720 $0.25720 PCAF $/kWh To Be Calculated Quarterly
Rate Design Summary:
• Class for single-phase customers with less than 12,500 kWh per month. • Increase fixed cost recovery from Basic Service Charge in FY 2026 in line with Small Commercial Basic Service Charge.
• Increase Energy Charge in FYs 2026, 2027, and 2028.
• No increase to rates in FY 2029; anticipated growth in FY 2030. 31 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
MEDIUM COMMERCIAL CLASS:

EXISTING PROPOSED RATES
18 Rate Effective Date
Rate Component Billing Unit Existing 11/1/2025 11/1/2026 11/1/2027 11/1/2028 11/1/2029 Basic Service Charge $/month $228.00 $290.00 $290.00 $290.00 $290.00 $290.00 Energy Charge $/kWh $0.12590 $0.15740 0.19680 $0.19880 $0.20480 $0.20480 Demand Charge $/kW $19.42 $20.00 $21.00 $22.00 $23.00 $23.00 PCAF $/kWh To Be Calculated Quarterly
Rate Design Summary:
• Class for multi-phase customers with monthly demand between 50-500 kW. • Increase fixed cost recovery from Basic Service Charge in FY 2026. • Increase Energy and Demand Charges in FYs 2026, 2027, and 2028. • No increase to rates in FY 2029; anticipated growth in FY 2030. 32 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
INDUSTRIAL SERVICE CLASS:

EXISTING AND PROPOSED RATES
19 Rate Effective Date
Rate Component Billing Unit Existing 11/1/2025 11/1/2026 11/1/2027 11/1/2028 11/1/2029 Basic Service Charge $/month $456.00 $525.00 $525.00 $525.00 $525.00 $525.00 Energy Charge $/kWh $0.11500 $0.13800 $0.16150 $0.18090 $0.18450 $0.18450 Demand Charge $/kW $16.52 $20.00 $23.50 $26.00 $26.50 $26.50 PCAF $/kWh To Be Calculated Quarterly
Rate Design Summary:
• Class for multi-phase customers with monthly demand greater than 500 kW. • Increase fixed cost recovery from Basic Service Charge in FY 2026. • Increase Energy and Demand Charges in FYs 2026, 2027, and 2028. • No increase to rates in FY 2029; anticipated growth in FY 2030. 33 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
WELL SERVICE CLASS:

EXISTING AND PROPOSED RATES
20 Rate Effective Date
Rate Component Billing Unit Existing 11/1/2025 11/1/2026 11/1/2027 11/1/2028 11/1/2029 Basic Service Charge $/month $342.00 $400.00 $400.00 $400.00 $400.00 $400.00 Energy Charge $/kWh $0.11980 $0.14380 $0.16970 $0.19520 $0.21470 $0.23620 Demand Charge $/kW $15.38 $18.50 $21.50 $24.50 $27.00 $29.50 PCAF $/kWh To Be Calculated Quarterly
Rate Design Summary:
• Increase fixed cost recovery from Basic Service Charge in FY 2026. • Increase Energy and Demand Charges in all years.
34 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
STREET LIGHTING CLASS:

EXISTING AND PROPOSED RATES
21 Street Lighting Class
Rate Effective Date
Rate Component Billing Unit Existing 11/1/2025 11/1/2026 11/1/2027 11/1/2028 11/1/2029 All Lamps $/Lamp/Month $9.62 $12.51 $13.82 $16.86 $18.38 $21.13 35 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
SECURITY LIGHTING CLASS:

EXISTING AND PROPOSED RATES
22 Security Lighting Class
Rate Effective Date
Rate Component Billing Unit Existing 11/1/2025 11/1/2026 11/1/2027 11/1/2028 11/1/2029 100 Watt Equivalent LED $/Lamp/Month $11.07 $14.39 $15.90 $19.40 $21.15 $24.32 250 Watt Equivalent LED $/Lamp/Month $27.68 $35.98 $39.76 $48.51 $52.88 $60.81 100 Watt Sodium Vapor $/Lamp/Month $22.13 $28.77 $31.79 $38.78 $42.27 $48.62 150 Watt Sodium Vapor $/Lamp/Month $33.20 $43.16 $47.69 $58.18 $63.42 $72.93 175 Watt Sodium Vapor $/Lamp/Month $38.73 $50.35 $55.64 $67.88 $73.98 $85.08 200 Watt Sodium Vapor $/Lamp/Month $44.27 $57.55 $63.59 $77.58 $84.57 $97.25 250 Watt Sodium Vapor $/Lamp/Month $55.33 $71.93 $79.48 $96.97 $105.69 $121.55 400 Watt Mercury Vapor $/Lamp/Month $88.53 $115.09 $127.17 $155.15 $169.12 $194.48 20’ or 35’ Wood Pole $/Pole/Month $4.57 $5.94 $6.56 $8.01 $8.73 $10.04 36 BILL COMPARISONS AND BILL IMPACTS
37 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC
RESIDENTIAL MONTHLY BILL COMPARISONS:

EXISTING AND FUTURE (FY 2025, FY 2026, FY 2027)
Note: All other utility rates are current rates and do not include any future rate increase.

Based on 650 kWh/month of usage in summer months.
24 $126.02
$140.19 $145.82
$160.67 $172.39
$205.01
$211.74
$248.99 $261.87 $267.50
$202.43
$0.00
$50.00
$100.00
$150.00
$200.00
$250.00
$300.00
Riverside Azusa 2025 Banning Colton 2026 Banning 2027 Banning Moreno Valley SCE Glendale PG&E Monthly Bill ($)
Utility
Average Monthly Residential Bill
Average Monthly Bill Average
38 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

RESIDENTIAL USERS BILL IMPACTS
Average Bill Impacts
for Residential Customers
Fiscal Year
Average Monthly
Bill ($)
Average Monthly
Bill Increase ($)
Average Monthly
Bill Increase (%)
2025 (Current) $139.32 N/A N/A
2026 $162.67 $23.35 17%
2027 $192.06 $29.39 18%
2028 $210.59 $18.53 10%
2029 $213.92 $3.33 2%
2030 $215.57 $1.66 1%
• Average monthly kWh usage of customers: 700 kWh
• Number of customers: 12,000
25 Note: PCAF held constant in bill impact analysis. Public Benefits Charge not included. 39 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

SMALL COMMERCIAL SERVICE USERS BILL IMPACTS
• Average monthly kWh usage of customers: 11,000 kWh
• Number of customers: 45
• Rate Designation: multi-phase service for small service applications 26 Average Bill Impacts
for Small Commercial Customers
Fiscal Year
Average Monthly
Bill ($)
Average Monthly
Bill Increase ($)
Average Monthly
Bill Increase (%)
2025 (Current) $1,543 N/A N/A
2026 $1,812 $269.23 17%
2027 $2,239 $426.64 24%
2028 $2,707 $467.85 21%
2029 $2,951 $243.80 9%
2030 $2,995 $44.08 1%
Note: PCAF held constant in bill impact analysis. Public Benefits Charge not included. 40 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

MEDIUM COMMERCIAL SERVICE USERS BILL IMPACTS
• Average monthly kWh usage of customers: 28,500 kWh
• Number of customers: 70
• Rate Designation: multi-phase service for a variety of service applications with monthly demands between 50 and 500 kW
27 Average Bill Impacts
for Medium Commercial Customers
Fiscal Year
Average Monthly
Bill ($)
Average Monthly
Bill Increase ($)
Average Monthly
Bill Increase (%)
2025 (Current) $5,196 N/A N/A
2026 $6,058 $862 17%
2027 $7,171 $1,113 18%
2028 $7,759 $588 8%
2029 $7,968 $209 3%
2030 $8,075 $107 1%
Note: PCAF held constant in bill impact analysis. Public Benefits Charge not included. 41 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

INDUSTRIAL SERVICE USERS BILL IMPACTS
• Average monthly kWh usage of customers in table: 120,000 kWh • Number of customers: 5
• Rate Designation: multi-phase service for large commercial, manufacturing, cultivation, and industrial applications
28 Average Bill Impacts
for Industrial Service Commercial Customers
Fiscal Year
Average Monthly
Bill ($)
Average Monthly
Bill Increase ($)
Average Monthly
Bill Increase (%)
2025 (Current) $22,329 N/A N/A
2026 $26,402 $4,073 18%
2027 $31,143 $4,742 18%
2028 $35,208 $4,065 13%
2029 $36,982 $1,774 5%
2030 $37,234 $251 1%
Note: PCAF held constant in bill impact analysis. Public Benefits Charge not included. 42 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

GENERAL SERVICE USERS BILL IMPACTS
• Average monthly kWh usage of customers in table: 2,500 kWh • Number of customers: 300
• Rate Designation: single-phase service for small business, cottage industries, and low-use utility services 29 Average Bill Impacts
for General Service Commercial Customers
Fiscal Year
Average Monthly
Bill ($)
Average Monthly
Bill Increase ($)
Average Monthly
Bill Increase (%)
2025 (Current) $400 N/A N/A
2026 $469 $69 17%
2027 $568 $99 21%
2028 $676 $108 19%
2029 $735 $60 9%
2030 $747 $11 2%
Note: PCAF held constant in bill impact analysis. Public Benefits Charge not included. 43 CONCLUSIONS & NEXT STEPS
44 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

NEXT STEPS FOR THE PROJECT
• Council vote on proposed rates – September 2025.
• Community outreach materials sent out – September 2025. • Review rate revenues annually and adjust rates accordingly. 31 45

NEWGEN STRATEGIES AND SOLUTIONS, LLC
225 UNION BLVD., SUITE 450
LAKEWOOD, CO 80228
QUESTIONS?

JACK BUCKLEY, SENIOR CONSULTANT
[email protected] | (303) 557-7700
46 APPENDIX SLIDES
47 © 2025 NEWGEN STRATEGIES AND SOLUTIONS, LLC

CLASS REVENUE CHANGES FOR COST-BASED RATES
34 Residential
Small
Commercial
Medium
Commercial
General
Service
Industrial
Service
Well
Service
Combined
Lighting
Master
Metering Total
Test Year Revenue at
Current Rates ($000)
$19,767 $1,247 $4,371 $1,751 $6,707 $800 $258 $425 $35,326 Cost of Service ($000) $24,387 $2,253 $4,840 $2,736 $9,076 $1,484 $644 $1,062 $46,483 Revenue Increase Needed to
Meet Cost of Service
23% 81% 11% 56% 35% 86% 149% 150% 32%
48 1

MINUTES

CITY COUNCIL - REGULAR MEETING

CITY OF BANNING, CALIFORNIA
The following information comprises the minutes for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

September 9, 2025 Council Chambers
5:00 p.m. 99 E. Ramsey Street
In Chambers Banning, CA 92220
COUNCIL MEMBERS PRESENT: Council Member Cynthia Barrington Mayor Sheri Flynn
Council Member Leroy Miller
Mayor Pro Tem Richard Royce
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John O. Pinkney, City Attorney
Arturo Vela, Acting City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Acting Administrative City Clerk

1. CALL TO ORDER – 5:28 p.m.

1.1 INVOCATION
Performed by Reverend Preston Norman of Praise Tabernacle Church.

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

COUNCIL MEMBER PRESENT ABSENT
Barrington, Cynthia X
Flynn, Sheri X Miller, Leroy X
Royce, Richard X
Wallace, Colleen X

2. AGENDA APPROVAL

2.1 AGENDA APPROVAL
A motion to approve the agenda was made by Councilmember Wallace, seconded by Mayor Flynn.

Motion carried unanimously 5-0.

3. PRESENTATIONS 49
2 4. REPORT ON CLOSED SESSION
John Pinkney, City Attorney
Report was provided after close session meeting.

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

5.1 PUBLIC COMMENTS
Mayor Flynn opened public comments.

Bill Hobbs Opposed the Sunset Crossroads warehouse project. Concern about traffic and impacts on seniors in Sun Lakes and Serrano del Vista communities.

Noted promotional texts and Tv ads pushing support for the project. He supports the road connection for emergency access but not warehouses.

Howard Katz Concerned the City Treasurer lacks full access to city bank accounts and records. Noted treasurer has access to only 2 of 5 accounts and cannot sign checks. Cited City Code 2.12.070, stating this violates the treasurer’s duties under municipal law.

Stuart Mckenzie Noted that September 9th marks California’s admission to the Union in 1850. Wished California a happy birthday and expressed pride in the state.

Dorrie Gartzke Electric bills remain outdated and difficult to verify. She urged the City to prioritize fixing billing issues before starting new projects and stated dissatisfaction with the City of Banning’s handling of the matter.

Inge Schuler Opposed the Sunset Crossroads warehouse project, citing issues with the EIR’s incomplete sections. Compared promises made during the Sketchers warehouse project (jobs and revenue) to actual outcomes, questioning benefits to the city. Noted empty warehouses between Redlands and Banning, suggesting the project is unnecessary and urged rejection of the project.

Gerry Phelps Urged residents to attend the Planning Commission meeting the next night regarding general plan and rezoning proposals. Noted similarities to the past Banning Point project and emphasized importance of community involvement early in the process. Encouraged attendance regardless of position on the Sunset Crossroads project.

Oleg Ivaschuk Stressed importance of city appearance: suggested stricter upkeep of vacant storefronts along Ramsey Street to improve first impressions.

Noted concerns that permit/business setup seem harder in Banning compared to nearby cities; urged review of processes. Stated general support for warehouses as revenue sources, though agreed they should not be placed near health care facilities.

Mayor Flynn closed public comments.

5.2 CORRESPONDENCE
Letters in support of and opposition of the Sunset Crossroads project have been received and will be shared with the Planning Commission for the upcoming meeting.

5.3 APPOINTMENTS
None
50 3

5.4 CITY COUNCIL COMMITTEE REPORTS
Councilmember Wallace SCAG Transportation Committee: Discussed safety and first phase of the Los Angeles Las Vegas San Francisco high speed rail (2025). RCA Workshop in Temecula:

Addressed zoning and land acquisition for wildlife habitat, emphasizing balancing city development and habitat preservation. Division Meeting in Murrieta/Hot Springs: Received updates from the Battalion Fire Chief on AB 337, AB 346, and AB 79 related to transit and safety regulations.

Councilmember Barrington reported volunteering at the Stagecoach Rodeo over the past weekend. Noted good attendance at the event and thanked the community for participating.

Councilmember Miller RTA Meeting: Discussed free bus rides or ages 18 and under and routes connecting Banning to Moreno Valley, Riverside and MSJ College. TNOW meeting: Working on early morning transit route from Banning to the desert area to support workers. County Collaboration: Exploring funding for the Banning-Cabazon bus route through the county.

Mayor Flynn WRCOG: Provided update on TUMF program: $1.3B collected since 2003; $1.2B reimbursed to transportation infrastructure projects. FY 24-25: $76M collected (86% residential, 7% industrial, 7% commercial); $33M reimbursed. Project completed include Sunset overpass (2019) and contributions to Sun Lakes Extension Project (̴$30M). Upcoming Events: Sate of the City (Beaumont), RTC meeting, Mobility Summit in Anaheim (regional transportation study). Joint meeting on Sept. 17 with City of Beaumont and Riverside County Animal Shelter regarding shelter renovations; Morongo offered up to $1M, estimated costs $300K-500K.

5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS
Councilmember Wallace Town Hall Meeting: September 27 at 4 p.m. at Roosevelt Williams Park; guest speaker Police Chief Avila.

Councilmember Barrington Will attend State of the City in Beaumont tomorrow.

Councilmember Miller Town Hall meeting September 20 at Banning Senior Center; guest speaker Acting City Manager, Art Vela.

5.6 CITY TREASURER'S REPORT
Sue Savage Access and Transparency: Treasurer has online access to only 2 of 5 city bank accounts; limited or no access to others, including LAIF, HCN Bank, and Bank of America (airport account). Raised concern about ability to safeguard city funds.

Spending and Overspending: Reported overspending of $50M over four years; $25M in a single year; July-August recent overspending of $28M. Warned of continuing trend where expenses exceed income.

Bond and Commitments: Nearly $96M in bonds issued for city projects (Water, Wastewater, Electric, Fair Oaks Ranch, successor Agency). Some bond payments appear off-schedule, raising concerns.

Balances and Future Outlook: Total city funds decreased from $30.8M to $13.2M over six months; cautioned that funds may not cover next six months’ expenses.

She emphasized importance of trust and transparency in managing city finances and called for corrective action to prevent shortfalls and noted that a timeline regarding treasurer access contradicts check-signing authority for certain accounts.

5.7 CITY MANAGER'S REPORT
Art Vela Utility Billing: Addressed ongoing billing delays; additional staff trained and working with Central Square for programming solutions. Consumption data exists, but manual processes delay billing. April billing is expected to be completed by end of the week.

Public works Success: City removed from Canyon Lake/Lake Elsinore TMDL regulatory program as a minor contributor, reducing costs and workload.
51 4
Animal Shelter: RFP for assessment is out; bids are due in the first week of October to evaluate building improvements. Financial Reports & Transparency: Clarified Wells Fargo and other accounts details; big statements provided even if online access is limited. Fiscal year budgeting explained to contextualize reported overspending.

Bonds & Balances: Bonds are highly regulated, and payments are made as required. Account balances fluctuate seasonally; six-month snapshot does not represent full fiscal year.

Staffing & Fiscal Challenges: Noted vacancies in fiancé positions (Deputy Director, Finance Director, Finance Manger) and ongoing efforts to resolve Banning Electric Utility financial issues.

Cash Flow & Fund Balances: Reiterated city has sufficient funds to cover bills for the next six months; negative fund balances are being addressed.

5.8 CITY ATTORNEY'S REPORT
John Pinkney Clarified that the Treasurer’s statements represent personal opinions and were not vetted or approved by city staff or Council. City Council has retained a consulting team to assess the city’s financial position and develop a stainable plan. Corrected the Treasurer’s interpretation of Government Code Section 53607: Councils are not required to delegate sole investment authority to the treasurer. Banning’s policy includes checks, balances, and adherence to lawful investments; prohibits high-risk investments (e.g., cryptocurrency). Staff support and licensed investment advisors are utilized; approach aligns with standard practices in California general law cities.

6. INTERVIEWS AND SELECTION OF EXECUTIVE RECRUITER FOR CITY MANAGER RECRUITMENT WITH FINALIST FIRMS, RALPH ANDERSEN & ASSOC. AND PECKHAM & MCKENNEY

6.1 Interviews and Selection of Executive Recruiter for City Manager with Finalist Firms Ralph Anderson & Associates and Peckham & McKenney
Bob Deis Council will interview and select a preferred executive recruitment firm for the City Manager search; two finalist firms.

Peckham & McKinney and Ralph Anderson & Associates presented their qualifications for executive recruitment. Each firm highlighted experience placing city managers and their recruitment process.

Council Discussion:

Importance of avoiding repeated turnover though proper vetting. Preference expressed for Peckham and McKinney due to broader candidate network and LA area connections.

Internal candidate encouraged to apply and evaluated alongside external applicants.

Recruitment timeline estimated at 12-16 weeks, with potential acceleration for strong candidates.

Mayor Flynn opened public comments
Frank Connelly recommended that firms not have previous connections to the former City Manager or his prior city. Stressed that candidates should have strong personal financial backgrounds (no foreclosures or bankruptcies). Suggested consideration of internal candidate for the City Manager position.

Rita Chapparosa Advocated for hiring internal candidate to save costs. Emphasized importance of ta thorough candidate background check, citing past recruitment issues, and suggested possibly involving members of the public in an interview board for high-level positions.

Mayor Flynn closed public comments
Discussion: Clarified that current City Manager is not retiring. Supported using an outside recruiter for a thorough search, while allowing internal candidate, Art to apply. Expressed concern about localized recruiting networks and potential nepotism with Ralph Anderson & Associates. Preferred 52 5
Peckham & McKinney for broader regional contacts and presentation quality.

A motion to select Peckham & McKinney as the executive recruitment firm for City Manager search was made by Mayor Flynn, seconded by Mayor Pro Tem Royce. Motion carried unanimously 5-0.

7. CONSENT ITEMS
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

7.1 Approval of the meeting minutes for the August 26, 2025 City Council meetings.

7.2 Receive and File Cash and Investments Report for the Month of June 2025.

7.3 Receive and File Cash and Investments Report for the Month of July 2025.

7.4 Receive and File the FY 2024/2025 Health and Safety Code (HSC) 13146.4 Annual Inspection Report of Certain Occupancies Pursuant to Sections HSC 13146.2 and 13146.3.

7.5 Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize 90% Reduction of the Improvement Bonds.

7.6 Remove from the Table and Approve the Receipt and File of (1) the Receipts, Disbursements, and Fund Balances Reporting for Fiscal Year 2024/2025, Periods 5-6, November and December 2024, (2) Accounts Payable and Payroll Warrants Issued in the Month of February 2025, and (3) Cash and Investments Report for the Month of February 2025.

7.7 Consideration of Resolution 2025- 121, Amending the Classification & Compensation Plan for the City of Banning Related to the Finance Director and Human Resources Director Positions.

7.8 Consideration of Resolution 2025-124, Approving Amendment No. 4 to the Professional Services Agreement with Engineering Resources of Southern California for an additional $500,000 for Plan Check, Inspections and Related Administrative Services.

7.9 Consideration of Resolution 2025- 126, Awarding a Construction Contract for Project No. 2023-06W Lions Park Non-Potable Water Conversion Project, to Superb Engineering, Inc. in the amount of $920,672.10 and approving a 10% contingency for a total budget of “Notto-Exceed” $1,012,739.31.

7.10 Consideration of Resolution 2025-127, Approving and Setting Forth Cannabis Retail Tax Delinquency Penalties and Interest Pursuant to Banning Municipal Code Chapter 3.15.

7.11 Consideration of Resolution 2025- 128, A Resolution of the City Council of the City of Banning, California, reprogramming approved Community Development Block Grant Funds in the amount of $237,405.93 from FY 2019-20 - Repplier Park Rehabilitation and improvement project ($82,236.13) and FY 2020-21 - Roosevelt Williams Park Project ($20,400) and FY 2020-21Sylvan Park Improvement Project ($134,769.80) To Lion's Park Project #2 ($237,405.93).

7.12 Consideration of Resolution 2025- 129, Approving an Agreement in the Amount of $30,000 Per Year with Duke's Root Control, Inc. of Elgin, IL for the application of Root Control Agents within the Sewer Collections System.

7.13 Consideration of Resolution 2025-130, authorizing the City Manager to execute Amendment No. 2 to the Transportation Uniform Mitigation Fee Program Reimbursement Agreement with Western Riverside Council of Governments for up to $20,000,000 for the Sun Lakes Boulevard Extension Project.

Mayor Flynn pulled items: 7.6, 7.7 and 7.10.

Mayor Flynn opened public comments on items not pulled:

7.1,7.2,7.3,7.4,7.5,7.8,7.9,7.11,7.12,7.13.

No public comments.

Mayor Flynn closed public comments. 53
6 Motion by Councilmember Wallace to approve the items not pulled.

Seconded by Councilmember Barrington.

Motion carried unanimously 5-0.

Item 7.6 was discussed by staff and Council.

Mayor Flynn questioned specific expenditures: Opportunity Village sound wall (no longer active), replacement refrigerator for Electric Dept. ($1,382), and Wayfair furniture ( ̴$7,100) for 467 E.

Hoffer. House is not currently a transition home, raising questions. Council agreed to refer to city attorney for review due to potential legal issues with the arrangement.

Motion by Mayor Pro Tem to receive and file item 7.6.

Seconded by Mayor Flynn
Motion carried unanimously 5-0.

Item 7.7 was discussed by staff and Council.

Council reviewed pay ranges using median salaries.

Finance Director: $180,348-$243,989; HR Director: $163,387-$221,043.

Small adjustments made due to fixed pay grades.

Mayor Flynn opened public comments.

None
Mayor Flynn closed public comments.

Motion by Mayor Pro Tem Royce to Approve Resolution 2025-121, Amending the Classification & Compensation Plan for the City of Banning Related to the Finance Director and Human Resources Director Positions
Seconded by Councilmember Wallace
Motion carried unanimously 5-0.

Item 7.10 was discussed by staff and Council.

Council reviewed a proposed resolution to establish penalties and interest for late cannabis tax payments.

Late payment structure:

1. Initial late payment: 25% penalty +1% interest if unpaid after 45 days (quarterly payment deadline).

2. Additional late payment: After 30 more days, an extra 50% penalty+1% interest (total 2%).

3. Continued delinquency: 1% interest per month accrues until paid.

Example: for $100 gross receipts, payment after 45 days=$12.60; after 75 days = $17.78.

Resolution aligns with practices in other cities.

Mayor Flynn opened public comments.

Frank Connelly Noted that as a retailer, under the State Board of Equalization, quarterly returns incurred penalties if not filed or paid on time. He emphasizes that penalties for late payment are standard practice.

Sue Savage expressed appreciation for the cannabis tax penalty topic, noting it is an incomegeneration matter for the city.

Mayor Flynn closed public comments.

Motion by Mayor Pro Tem Royce to Approve Resolution 2025-127, Approving and Setting Forth Cannabis Retail Tax Delinquency Penalties and Interest Pursuant to Banning Municipal Code Chapter 3.15
54 7
Seconded by Councilmember Barrington
Motion carried unanimously 5-0.

8. PUBLIC HEARINGS
None

9. REPORTS OF OFFICERS

9.1 Update on the Planned Community Garden in the City Owned Lot in the Vicinity of 22nd Street and Adams Avenue.

Ralph Wright, Parks & Rec. Director Original project near 22nd St. & Adams Ave. was halted by the Chamber of Commerce after a board reorganization; lease allows termination with 90 days’ notice. Banning Blue Zones: Declined to take on large-scale garden; instead promoting microcommunity gardens in partnership with churches and nonprofits. First projects expected within a month. Parks Department: Exploring a small community garden near the Senior Center.

Updates:
• Farmer’s market planned at the community Center on Thursday evenings (site and schedule pending finalization).
• Monthly fee produce distribution being coordinated with Supervisor Gutierrez’s office and nonprofit N-Star.

Parks and Rec. will continue exploring partnerships and opportunities to increase access to healthy food and gardens in Banning.

Mayor Flynn opened public comments.

Frank Connelly requested an update on the 22nd Street property to clarify its status and limitations, since the original community garden project is no longer moving forward. He suggested exploring alternative uses for the property, including coordinating a farmer’s market or food vendor events similar to previous fairs, which were successful and accessible to the public Sue Savage suggested including Sun Lakes and their Garden Club in the City’s community garden efforts. Noted that Pat Pennington had previously discussed a collaborative garden project between Sun Lakes and the city. Requested the Council and staff consider Sun Lakes as part of future community garden initiatives.

Mayor Flynn closed public comments.

Council Discussion:

Councilmember Barrington: Noted a fenced area at Dysart Park labeled “Sun Lakes Community Garden: that has become overgown.

Councilmember Miller: supported the food truck and farmer’s market idea but cautioned that Blue Zones has guidelines for healthy living, which may limit certain food vendors.

Lease Termination: Chamber has verbally indicated intent to terminate the lease but has not yet provided the required 90-day written notice. Staff will facilitate this.

Action: Item was informational only; no vote or formal action required.

9.2 Appointment of Arturo Vela as the Interim City Manager and Approval of Employment Agreement with Mr. Vela to serve as the City’s Interim City Manager with an annual salary of $297,100 and other compensation items that are consistent with those currently provided to Directors including, but not limited to vacation leave, sick leave, holidays, management paid leave, CalPERS retirement, health and welfare benefits, and automobile allowance .

Art Vela, Acting City Manager, recused himself on this item. 55 8
City Attorney, John Pinkney provided the staff report:
• Annual salary: $297,100 (5% increase from Public Works Director position). • Benefits consistent with other Directors: Vacation, Sick Leave, Holidays, management Paid Leave, CalPERS Retirement, Health and Welfare Benefits, and Automobile Allowance. • At-will agreement: Ends upon appointment of permanent City Manager or per termination provisions.
• Right to return to previous position if Interim Agreement ends or another permanent City Manager is appointed.
• Salary increase offset by savings from the vacant Public Works Director position.

Mayor Flynn opened public comments.

Laura Leindecker spoke in support of approving Mr. Vela as Interim City Manager. She also expressed that she would like to see him continue as a permanent City Manager, though she acknowledged that is separate issue.

Mayor Flynn closed public comments.

Motion by Councilmember Wallace to Appoint Arturo Vela as the Interim City Manager and Approval of Employment Agreement with Mr. Vela to serve as the City’s Interim City Manager with an annual salary of $297,100 and other compensation items that are consistent with those currently provided to Directors including, but not limited to vacation leave, sick leave, holidays, management paid leave, CalPERS retirement, health and welfare benefits, and automobile allowance.

Seconded by Mayor Pro Tem Royce.

Motion carried unanimously 5-0.

10. DISCUSSION ITEMS
None

11. ITEMS FOR FUTURE AGENDAS

11.1 NEW ITEMS

1. Streamline Procurement Policy (Flynn)

2. Comp. & Class Salaries (Royce)

3. LMD Alternative Sources (Royce)

11.2 EXISTING ITEMS

1. Update on Community Garden (Flynn)

2. Animal Control Facility Assessment (Flynn)

3. Emergency Preparedness (Barrington)

4. Contractor(s) to do Citywide Cleanup (Flynn)

5. Emergency Preparedness (Barrington)

6. Recruitment for City Manager (Wallace)

7. Review and Update Council Travel Policy (Flynn)
Future Agenda Items:

1. Explore establishing a community garden within the Sun Lakes community.

Items 1,3, and 6 should be removed from the existing list (1 addressed, 3 duplicate, 6 addressed).

Request from Councilmember Miller for policy update on how agenda items are placed.

Request from Councilmember Barrington for comprehensive review of procurement policies including vendor contracts, insurance, and requirements for new businesses.

12. ADJOURNMENT 56
9 A motion to adjourn the meeting was made by Councilmember Miller, seconded by Mayor Pro Tem Royce.

Motion carried unanimously 5-0, and the meeting was adjourned at 8:08 p.m.

Minutes prepared by:

Sandra B. Calderon
Acting Administrative City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2). The entire discussion of this meeting may be viewed here: https://banningca.granicus.com/player/clip/234?view_id=1&redirect=true 57 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Sandra Calderon, Acting Administrative City Clerk Todd Hopkins, CalFire Division Chief
MEETING DATE: September 23, 2025
SUBJECT: Receive and File Fire Protection Services Statistics for the Month of August 2025.

RECOMMENDATION:

Receive and file.

BACKGROUND:

City Council has requested CalFire’s Riverside County Division, which provides fire protection services in the City of Banning, to provide specific reports to the public and City Council on a monthly basis.

JUSTIFICATION:

Many Fire and EMS Departments store and analyze statistical data, which can provide a detailed analysis of the types of responses their organization is called to assist. This information is critical to elevating the level of service provided by the Fire Department.

FISCAL IMPACT:

None.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current fire and paramedic activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. jurisreport_banning.pdf
58 Bill Weiser
Jurisdiction Summary for City of Banning
Fire Chief
Riverside County Fire Department/ CAL FIRE
8/1/2025 to 8/31/2025
Incident Response Activity
*At least 1 Resource Dispatched
Incident Type #
4 False Alarm 25
Haz Mat 1
Medical 401
Other Fire 6
Public Service Assist 30
Res Fire 2
Rescue 1
Standby 1
Traffic Collision 21
Vehicle Fire 4
Wildland Fire 1
Incident Total 497
Average Enroute to On-Scene Time
*Units Responding Charlie, Delta, Bravo, Echo, Code 3
13 230 104
1 4.71 65.90
<5 Minutes +5 Minutes
+10 Minutes +20 Minutes
Average Min % 0 to 5 Min
Enroute Time: Unit has been acknowledged as responding.

On-Scene Time: Unit has been acknowledged as being On-Scene.

Transport
*Based on Units with a Transport time
0 Total: 0
Mutual Aid
*Unit responses
Jurisdiction Units Responses
Engine 369
Total: 369
Mutual Aid Given
Engine 202
Total: 202
Mutual Aid Received
29 Breathing Support 2
Brush 32
Chief 18
EMD 2
Engine 177
Environmental Health 1
HazMat 2
Patrol 11
PIO 4
Squad 27
Truck/Quint 8
Water Tender 1
Total: 314
9/1/2025 1:40:53PM Page 1 of 259
Truck Report
MRFT1 recorded 7 responses in City of Banning from 8/1/2025 1:40:10 PM to 8/31/2025 1:40:10 PM
T2 recorded 1 responses in City of Banning from 8/1/2025 1:40:10 PM to 8/31/2025 1:40:10 PM
Significant Incidents
CAL FIRE / Riverside County Fire Department responded to multiple reports of a residential structure fire at the above address. The first arriving Company Officer reported one residential structure well involved with multiple adjacent structures beginning to burn and a second alarm was requested. The fire which was being driven by wind, was threatening numerous adjacent structures and a total of four alarms worth of Fire Department resources responded. Firefighters were able to contain the fire within approximately three hours of arrival. A total of seven structures were damaged due to the fire and multiple residents were displaced.

Riverside County EMD as well as the American Red Cross responded to the incident to assist the displaced homeowners. One civilian sustained major injuries and one Firefighter sustained minor injuries. Both were transported to local hospitals for further treatment. Firefighters will remain on scene for several hours working towards full extinguishment. The City of Banning Building and Safety Department has been notified of the need to red tag several properties which have had gas and electric service shut off.
***Update***
After the completion of damage inspection, three residential structures were destroyed, one outbuilding was destroyed, and three residential structures were damaged. 25CARRU121778
8/3/2025 12:55:00PM
CAL FIRE/Riverside County Fire Department responded to a hazardous materials incident at the location above. The first arriving chief officer confirmed a semi-trailer was leaking liquid from the back of the trailer. The contents of the trailer was a product known as Styrene Solvent Naphtha.

Riverside County Fire Department Haz Mat Team, after inspection determined the liquid was water from melted Ice. The product containers were still intact. Riverside County Enviromental Health took control of the incident. No injuries occurred during the incident. 25CARRU123275
8/6/2025 9:31:00AM
CAL FIRE/Riverside County Fire Department responded to multiple reports of a traffic collision with fire near Interstate 10 and 8th Street in the City of Banning. The first arriving Company Officer reported one semi-truck on its side with the tractor well involved in fire. Firefighters contained the fire to the tractor with minor extension into the trailer. The driver of the truck was assessed on scene for minor injuries however declined transportation by ambulance.

All eastbound lanes of Interstate 10 are closed with traffic being diverted at 8th Street. The closure is anticipated to last for approximately two to three hours while CHP conducts an investigation and CALTRANS performs cleanup.
25CARRU136315
8/29/2025 2:25:00AM
9/1/2025 1:40:53PM Page 2 of 260

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Kristine Gutierrez, Community Development Operations Manager Vincent Avila, Chief of Police
MEETING DATE: September 23, 2025
SUBJECT: Receive and File Code Enforcement Statistics for the Month of August 2025
RECOMMENDATION:

Receive and file.

BACKGROUND:

The Banning Police Department provides Code Enforcement statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many Code Enforcement Officers need to be on the street, the types of calls they handle, and the need for additional services. Statistics show increases and decreases in particular areas of Code Enforcement over time.

FISCAL IMPACT:

None.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current Code Enforcement activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Code Stats August '25.pdf
61 Code Enforcement Aug-25 Aug-24 % CHGE YTD-25 YTD-24 % CHGE New Cases Opened 115 30 283% 509 1243 -59%
Total Cases Open 361 392 -8% 3115 3574 -13%
Notice of Violations Issued 368 119 209% 1545 142 988%
Violations Resolved 249 247 1% 1252 3340 -63%
Citations Issued 12 5 140% 61 20 205%
Inspections Completed 325 32 916% 1440 1316 9%
Collected Fee's (Citations) 190 9375 -98% 2451.67 12480.2 -80% Red Tagged Properties 3 2 50% 19 10 90%
AVA Program Vehicles Abated 0 1 -100% 0 9 -100%
Weed Abatement Cost Recovery 0 3231.64 -100% 90935.03 3231.64 2714% 72 Hour Parking (NOV) CVC 22651 K 49 0 4900% 142 14 914% Unhoused Encampments Tagged (PC602) 13 0 1300% 45 3 1400%

BANNING POLICE DEPARTMENT
AUGUST, 2025
62 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Vincent Avila, Chief of Police
MEETING DATE: September 23, 2025
SUBJECT: Receive and File Police Department Statistics for the Month of August 2025.

RECOMMENDATION:

Receive and file.

BACKGROUND:

The Banning Police Department provides statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many police officers need to be on the street, what crimes are being committed, and reveal increases and decreases in specific crimes. Also, cities get funding in part on their crime rates. If a federal crime bill passed, the Government needs to know which cities could benefit the most from those funds, and some cities have been rewarded financially for drastically lowering rates of crime.

FISCAL IMPACT:

None.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current police activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. AUGUST 2025 Stats and group A Offense Report.pdf
63 64
65 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Yvette Vaca, Administrative Sergeant
Vincent Avila, Chief of Police
MEETING DATE: September 23, 2025
SUBJECT: Receive and File Animal Control Statistics for the Month of August 2025.

RECOMMENDATION:

Receive and file.

BACKGROUND:

The Banning Police Department provides Animal Control Services statistics to the public and City Council upon request.

JUSTIFICATION:

Statistics tell a city how many Animal Control Officers need to be on the street, the types of calls they handle, and the need for additional services. Statistics show increases and decreases in particular areas of Animal Control Services over time.

FISCAL IMPACT:

None.

ALTERNATIVES:

Providing statistics keeps the Council, staff, and residents apprised of current Animal Control Services activities. If the statistics are not presented to the Council on a regular basis, then they should be provided on another platform.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Good Police Stats ACO August 2025.pdf
66 CATEGORY Aug-25 Aug-24 % CHGE YTD-25 YTD-24 % CHGE
Calls for Service 110 71 55% 839 802 5%
Animals Impounded 8 0 800% 46 52 -12%
Animals Euthanized 1 0 100% 11 29 -62%
Bite Reports 2 1 100% 24 21 14%
Citations Issued 0 0 0% 0 0 0%
Fees/Bills/Outside Costs 589 0 58900% 4113.09 8039.86 -49%

BANNING POLICE DEPARTMENT
AUGUST, 2025
67 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Nathan Smith, Deputy Director of Public Works/City Engineer MEETING DATE: September 23, 2025
SUBJECT: Public Works Capital Improvement Project Tracking List RECOMMENDATION:

Receive and file.

BACKGROUND:

To keep the City Council and the public informed of the progress and status of various capital improvement projects, staff has prepared the attached Public Works CIP Tracking List, which will be updated and presented on a monthly basis.

The tracking list includes planning, environmental, design, and construction contracts previously approved by the City Council and/or the City Manager’s Office and currently managed by the Public Works Department.

JUSTIFICATION:

This recurring item is provided to keep the City Council and public apprised of the progress on certain projects.

FISCAL IMPACT:

Not applicable.

ALTERNATIVES:

Not applicable
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. CIP Tracking August 2025.pdf
68 Category Project # Project Name Phase % Completed Tasks Completed Current Tasks Future Tasks Tentative Completion Date Project Budget Streets 2023-17 Hargrave Grade Separation PA&ED 3% Contract execution; project kickoff, grant reporting.

Agreements with Caltrans and UPRR;
Basis of Design document sent to all
stakeholders for approval.

Caltrans DEER exception.

Environmental work.
12/30/27 $ 8,300,000
Streets - Highland Springs Avenue
Interchange
PA&ED 35% Highway Safety Manual segmentation existing
condition; aerial topo mapping; traffic volume
report; Environmental Purpose/Need Statement;
Air/Noise memos; VMT Methodology Memo;
DDI Exclusion Memo; ROW Data Sheets;
Geometric development; utility agency
data collection; Traffic Operations Analysis
Report; Enviro. Technical Reports; HSM
Analysis Memo; Geotech Reports; Prelim
Drainage Reports;
Design Standard Risk Assessment;
Value Analysis Report; Geometric
Approval Document; R/W Data Sheets;
Transp. Management Plan
12/31/26 $ 2,900,000
Streets 2020-04 Sun Lakes Blvd Extension CEQA, PS&E 97% Obtained environmental permits, complted PSE package.

Minor plan revisions for Kinder Morgan
utility relocations. Preparation of Bid
Documents. Preconstruction MMRP
compliance tasks
Solicit construction and monitoring bids 12/1/26 $ 1,248,026 Streets - Traffic Signalization of 8th
Street/I-10 Interchange
Design/Permits 90% Design well underway. Submittal of
encroachment permit application to Caltrans.

Caltrans approval on TOAR and concepts.

Design drawings have been resubmitted to
Caltrans and awaiting a response.

Negotiations with private owners for ROW
acquisition.

Resubmitted to Caltrans if needed.

Caltrans encroachment permit
issuance. Property acquisition (private
party task)
6/1/26 $ 1,081,000
Streets 2022-05 HSIP Cycle 10 Omar/Ramsey
Intersection Improvements
Construction 100% Project Approved for Funding by the State.

Proposal solicitation. Contract award.

Construction completed. Prepare punchlist. CC NOC 9/30/25 $ 649,954 Streets 2023-04 HSIP Cycle 10 Ramsey Street
Pedestrian Safety Improvements
Construction 0% Project Approved for Funding by the State.

Project Awarded.

Project is re-bidding. Bids due 9/18/25 Award Contract 7/30/25 $ 500,000 Streets 2023-09 HSIP Upgrade 17 Traffic Signals
Hardware
PS&E 85% Project approved for funding by Caltrans STC Traffic Working on 90% Plans Submittal and Caltrans Approval
100% Plans Submittal and Approval 12/1/25 $ 433,900
Streets 2023-10 HSIP Pedestrian Crossings
Upgrades at 19 Intersection
PS&E 5% Project approved for funding by Caltrans Bids evaluations are complete Award Contract 12/1/25 $ 585,000 Streets 2023-11 HSIP Wilson St & 12 St
Intersection Upgrade
PS&E 5% Project approved for funding by Caltrans RFP approved for release Advertize project 12/1/25 $ 277,000 Streets 2023-05 San Gorgonio/UPRR Pedestrian
Crossing
Design 95% Amendment 2 CC Approval. 65% Plans
complete
Final Plans approved by UPRR, CUPC
and Caltrans. GO 88-B approved
Approve C&M Agreement. Prepare Bid
Documents
12/1/25 $ 230,000
Facility 2021-06 CNG Station Design-Build 50% Grading, wall footing, equipment pads and some underground piping. Underground utility
installation; coordination with Gas Co., concrete
pads, block wall, time fill posts.

Gas company service work, finalizing
concrete work, installation of equipment.

Installation of electrical equipment, gas
meter set, generator installation,
compressor installation
11/1/25 $ 4,888,261
Facility City Hall Roof Repairs - Phase 2 Design/Bid 10% Scope identification - Roof/leak repairs on flat roof section over remainder of City Hall
Preparation of RFP Award, Construction 6/30/25 $ 275,000 Facility 2024-02 City Hall HVAC Replacement Construction 0% Idenitfy scope and inclusion in CIP list. Preparation of scope of work Award, Construction 6/1/26 $ 230,000 Facility 2023-16 Opportunity Village Sound Wall Design 100% Project kicked off. 100% Plans approved by City. Waiting on Caltrans approval and Encroachment
Permit. Project Currently ON HOLD.

Final Plans. 12/1/25 $ 103,486
Water 2018-02W2 New Domestic Water Well C8 (Phase 2: Well Equipping and Site Development)
Construction 40% Significant progress has been made to the onsite rough grading and uderground piping
installation including water, electrical, floor and
storm drain have been installed. Pump pedestal
has been poured.

Finshed concrete encased of underground
electrical conduits, setting concrete slab
box BEU's electrical transfomer.

Pour concrete for the footings, slab and
begin vertical construction.
7/30/26 $ 3,774,100
Water 2023-15W Ramsey Street Water Line Construction 100% 16" DIP for the actual mainline alignment has been completed and tested. Services installed.

NOC approved by CC 8/26/25 Issue Retention 5/24/25 $ 1,199,106 Water 2022-07W Well M12A (Phase 2: Well
Equipping an Site Development)
Construction 40% Significant progress has been made to the onsite rough grading and uderground piping
installation including water, electrical, floor and
storm drain have been installed. Pump pedestal
has been poured.

Finished pouring concrete clab, first 6-foot
CMU block lift and well head concrete
pedestal.

Finish CMU wall construction and start
roofing.
7/30/26 $ 2,684,990
Water 20254-
08W
Banning Canyon Stormwater
Repairs
Construction 90% Significant progress has been made towards grading to re-establish the percolation ponds.

Grading (dredging) of the percolation
ponds is underway.

Complete the grading/restoration of the
percolation ponds.
10/31/25 $ 563,310
Wastewater 2022-
01WW
Wastewater Treatment Plant and
Recycled Water Improvements
Phase 1
(Design)
30% Significant progress has been towards
establishing the "basis of the design" for the
new WWTP upgrades project.

Technical design workshops are being
held roughly every 3-weeks to compelete
the basis of the design and issue "basis of
design report" (BODR). Complete the solids handling and dewatering of the solids (sludge).

Issue BODR and complete the
procurement of long lead items e.g.,
RO system, UV system, fine screens,
MBR system etc.
4/30/26 $ 4,398,490

PUBLIC WORKS CAPITAL IMPROVEMENT PROJECTS (CIP) TRACKING SHEET 69 Wastewater 2020-
08WW
WWTP Equalization Basin Design/CEQA 95% Completed 90% drawings review. Development of 100% drawings; ~$1.25M EPA Community Grant has been issued.

Finalize 100% drawings; Approval to
proceed with grant expenditures;
Invitation for Bids.
10/1/25 $ 362,866
Recycled
Water
2024-1RW Charles Street and Lincoln Street
Booster Station and Reservoirs
Construction 60% Project was awarded, a NTP was issued
followed by pre-con meeting and submittal
reviews.

Charles St - Pump cans installed and
Reservoir Tank coating. Lincoln St - Pump
Cans have been installed and bolted tank
is installed
Underground piping followed and
building improvements.
2/1/26 $ 10,160,200
Recycled
Water
2023-
06RW
Lions Park Non-Potable Water
Conversion
Construction 2% Project Awarded. Kick Off Meeting. Surveying and utility research
Project awarded by CC on 9/9/25 Pre-Construction meeting 12/1/25 $ 920,672 Electric Sun Lakes Blvd Extension PS&E 95% Full redesign completed. Reviewing potential conflicts with Kinder Morgan line relocation.

Development of 100% drawings and
prepare bid package to include with larger
Public Works project.

Prepare bid documents, construction
cost estimate and invitation for bid.
12/1/26 $ 75,700
Electric Robertson's Ready Mix Pole
Relocation
Construction 0% Line Extension Agreement approved by City Council. Additional comments provided by
Robertson's Ready Mix
Update agreement and resubmit for City
Council approval
Collect deposits from Robertson's
Ready Mix and order materials for
construction and schedule installation
3/30/26 $ 425,000
Electric 12kV Reconductor on Barbour St
at Hathaway
PS&E 90% Design has been completed for the project Plan in review with management Project included in budget cycle for 2025/26; Order materials for
construction and schedule installation
12/30/25 $ 100,000
70 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer MEETING DATE: September 23, 2025
SUBJECT: Consideration of Accepting an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-3 of the Atwell Project RECOMMENDATION:

Accept an Easement from Tri-Pointe Homes for Storm Drain Purposes Within Tract 37388-3 of the Atwell Project.

BACKGROUND:

On February 27th, 2024, the City Council adopted Resolution 2024-29 authorizing the recordation of Final Maps 37388-1, 37388-2, and 37388-3. Within Final Map 37388-3, Lot O was created for roadway and utility purposes. Tri-Pointe Homes as since completed grading and drainage plans for this tract map and is in the process of completing these improvements. This easement will allow for storm water to be conveyed from the project site to the storm drain main line in Highland Home Road.

JUSTIFICATION:

It is necessary to obtain the easement for the ongoing maintenance of the storm drain pipe connecting the tract to the storm drain main line in Highland Home Road.

FISCAL IMPACT:

None
ALTERNATIVES:

Do not accept the easement and provide alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Certificate of Acceptance.pdf

2. Strom Drain Easement - Grand Deed, Legal Description, Plat.pdf 71 When Recorded Mail To:

City Clerk
City of Banning
P.O. Box 998
Banning, CA 92220
NO RECORDING FEE PER SECTION SPACE FOR RECORDER’S USE
6103 OF THE GOVERNMENT CODE.

CERTIFICATE OF ACCEPTANCE
This is to certify that the EASEMENT – PUBLIC STORM DRAIN PURPOSES from TriPointe Homes IE-SD, Inc. dated 8/11/2025, is hereby accepted by THE CITY OF BANNING pursuant to authority conferred by the City Council this 23th day of September, 2025, and the grantees consent to recordation thereof by its duly authorized agent.

Dated:______________

CITY OF BANNING
By_________________________
Sandra Calderon
Acting Administrative City Clerk
72 73
74 75
76 77

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Barbara Mason, Chief Procurement Officer
Barbara Mason, Chief Procurement Officer
MEETING DATE: September 23, 2025
SUBJECT: Receive and File Contracts Approved Under the City Manager's Signature Authority and Inventory Reports for August 2025 RECOMMENDATION:

Receive and file.

BACKGROUND:

Per Purchasing Policy B-30, 3-105(5), written notification by the Purchasing Officer of all City Manager approved contracts will be provided quarterly to the City Council for review, and 16-107(3), The City Manager, or his designated representative, shall make a monthly written report to the City Council as to all Change Orders approved by the City Manager during the month, and of all possible future Change Orders that may appear probable prior to the next monthly report. At a minimum, the City Manager shall provide the Council with the name and nature of the contract, all Change Orders approved during that month, the reason for the Change Orders, the cumulative amount of the Change Orders for that contract, and any additional information the Council requests.

JUSTIFICATION:

While the policy requires contracts signed under the City Manager’s signature authority to be submitted to City Council on a quarterly basis, it is staff’s intent to submit these reports on a monthly basis to provide continuity with other monthly reports submitted to Council.

FISCAL IMPACT:

None
ALTERNATIVES:

Failure to provide this report to the City Council would result in the City being out of compliance with Purchasing Policy B-30,3-105(5).

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 2025-09 August 2025 Executed Contracts up to 25,000.pdf 78 City Manager
Approval Date Vendor Name Description of Item/Service Contact Award Total Department/ Division Comments 8/7/2025 H&L Charter Co., Inc. Big Bear OEP Trip 3,747.50 CS - Parks Outdoor Equity Grant 8/11/2025 Garon Wyatt Investigative Services,
LLC
Investigative Services 25,000.00 CM - Human Resources
8/14/2025 SCPPA Technical Reference Manual 3,284.00 PW - Electric CM Signed 3/20/25 8/18/2025 Russ Brannon Consulting Financial Management and Process Improvement Consulting Services
25,000.00 CM - City Manager
8/20/2025 MV Cheng & Associates Temporary Staffing Services- Finance 50,000.00 AS - Finance B-30 Sec 3-105-Exception 8/20/2025 Trullion, Inc. GASB 87-96 Software As A Service 16,250.00 AS - Finance 8/21/2025 So Cal Arbor Care, Inc. Sylvan Park - Large Tree Trimming 4,200.00 CS - Parks CUPCCAA 8/25/2025 West Associates Engineering, Inc. Water Loss Audits - 3 yr 4,350.00 PW - Water 8/25/2025 So Cal Arbor Care, Inc. Mexican Fan Palm - Remove/Stump Grind 10,800.00 CS - Parks CUPCCAA Contracts Approved Within City Manager Signature Authority FOR MONTH OF AUGUST 2025
79 Date Vendor Name Description of Item/Service Contact Award Total Change Order Comments
8/7/2025 Wanderlust Rental Agreement Food Truck- Extension 8/11/2025 Pinnacle Petroleum, Inc. Bulk Fuel - Unleaded and Diesel 1,000,000.00 500,000.00 Reso. No.2024-124 8/22/2025 The Baldwin Group Wealth Advisory Employment plans 20,000.00 Name Change only 8/25/2025 Layne Christensen Company Repair Well 5 219,938.86 Time extension only 8/25/2025 RE Chaffee Construction Inc Well C-8 3,431,000.00 - Time extension only Date Vendor Name Description of Item/Service Amount Department Comments 8/14/2025 Orange County Winwater Works
Co.

Spray Paint, Socket, Wedding Band, etc. 70,080.73 PW - Water 8/20/2025 Anixter 125 AMP, Locking Clips, Misc. 68,518.91 PW - Electric FOR MONTH OF AUGUST 2025
Change Orders Approved Within City Manager Signature Authority FOR MONTH OF AUGUST 2025
INVENTORY PURCHASES OVER $25K
80 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Michelle Green, Interim Administrative Services Director Michelle Green, Interim Administrative Services Director MEETING DATE: September 23, 2025
SUBJECT: Receive and File Accounts Payable and Payroll Warrants Issued in the Month of May 2025.

RECOMMENDATION:

Receive and file.

BACKGROUND:

Staff compiles a monthly report to include accounts payable and payroll warrants issued.

JUSTIFICATION:

Description Payment # Amount Total Amount
Checks:

Checks Issued During Month 195304-195726 $3,111,645.47
Voided/Reissue Checks $ -35,903.17
Check Total $3,075,742.30
Wires Total 1170-1171 $3,363,952.50
ACH Payments: 9008263-9008285
Payroll Direct Deposit 05/02/2025 $ 678,206.91
Payroll Direct Deposit 05/16/2025 $ 618,242.63
Payroll Direct Deposit 05/30/2025 $ 620,705.02
Other Payments $1,572,261.94
ACH Total $3,489,416.50
Payroll Checks: 13847-13882
Payroll-Regular 05/02/2025 $ 1,697.04
Payroll-Regular 05/16/2025 $ 2,052.71
Payroll-Regular 05/30/2025 $ 3,808.60
Payroll Check Total $ 7,558.35
81 Total Warrants Issued for
May 2025
$ 9,936,669.65
FISCAL IMPACT:

No fiscal impact.

ALTERNATIVES:

Receive and file the warrants for period ending May 31, 2025.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Attachment 1 - Fund List_Updated 10.11.23.pdf

2. Accounts Payable and Payroll Warrants May 2025.pdf
82 General Fund Special Revenue Capital Improvement Enterprise Enterprise Internal Service Sucessor Agency Agency Funds Funds Funds Funds-BUA Funds Funds Funds
General Fund (001) Departments (002) Developer Deposit (400) Police Facilities Development (670) Electric Fund (660) Water (702) Fleet Maintenance (805) Redevelopment Obligation- - (1000) City Council (005) Successor Agency Admin (410) Fire Facilities Development - (7000) Electric (661) Water Capital Facilities (700) Risk Management Retirement - (1200) City Manager (100) Gas Tax Street (420) Traffic Control Facility - (7010) Generation & Trans. (662) Irrigation Water Fund - (5020) Workers Compensation (810) Sucessor Housing Agency (101) Measure A Street (421) Ramsey/Highland Signal (672) Rate Stability/Debt Service Reserve (663) BUA Water Capital Project - (5030) Unemployment Insur. (830) Debt Service Successor Agncy (102) RMRA (SB1) Gas Tax (430) General Facilities (673) Electric Improvement (669) BUA Water Debt Service - (5040) Liability Insurance (840) Bond Exp. Agreement - (221) ATWEL #2020-02 CFD
(360) Sun Lakes CFD #86-1
(365) Wilson Street #91-1 AD
(370) Area Police Computer
(375 Fair Oaks #2004-01-AD
(376) Cameo Homes
- (1210) Economic Development
- (1220) Public Information
- (1300) Human Resources
- (1400) City Clerk
(103) SB 300 Street (444) Wilson Median Fund (674) Electric Revenue Bond Project - (5300) City Attorney (BEA) Project -
(104) Article 3 Sidewalk (451) Park Development Fund (675) Public Benefit (680) Wastewater (841) Bond Exp. Agreement - - (1500) Elections
(1800) City Attorney
(110) CDBG (470) Capital Improvement (678) Electric Revenue Bond Debt Service (681) Wastewater Capital Facility (703) Information Systems Services
(704) Building Maintenance
(705) Support Services
(761) Utility Billing Admin.
(BEA) Low/Mod
- (1900) Fiscal Services
(111) Landscape Maintenance (475) Fair Oaks #2004-01-AD (682) Wastewater Tertiary - (3100) Account & Collections
- (1910) Purchasing & AP
(132) Air Quality Improvement (600) Airport Fund (683) BUA Wastewater Capital Project - (3110) Meter Reading
(140) Asset Forfeiture/Police (610) Transit Fund (685) State Revolving Loan - (2060) TV Government Access
- (2200) Police
(148) Supplemental Law- - (5800) Fixed Route (689) BUA Wastewater Debt Service Enforcement - (5850) Dial A Ride
(150) State Park Bond (690) Refuse Fund
(190) Housing Authority
(200) Special Donation
(201) Sr. Center Activities
(202) Animal Control Reserve
(203) Police Volunteer
(222) Federal Funds
(300) City Administration-
COP Debt Service
- (2210) Dispatch
- (2300) Animal Control
- (2400) Fire
- (2700) Building Safety
- (2740) Code Enforcement
- (2800) Planning
- (3000) Engineering
- (3200) Building Maintenance
- (3600) Parks
- (4000) Recreation
- (4010) Aquatics
- (4020) Day care
- (4050) Senior Center
- (4060) Sr. Advisory Board
- (4500) Central Services
- (4800) Debt Service
- (5400) Community Enhancement
Budget Processes, Policies & Fund Structure
The following depicts the City's budgeted funds and how they fit in the organization for budget and accounting purposes. Note that departments in the General Fund may also have budget responsibility for other funds.

Appropriated Funds
Governmental Funds Proprietary Funds Fiduciary Funds
Black = Major - Blue = Non-Major - Red = Retired Funds FY 20-21 83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136

CITY OF BANNING

RECOMMENDATION:

Receive and file.

BACKGROUND:

Staff compiles a monthly report to include accounts payable and payroll warrants issued.

JUSTIFICATION:

Description Payment # Amount Total Amount
Checks:

Checks Issued During Month 195727-196140 $4,688,272.22
Voided/Reissue Checks $ - 855.18
Check Total $4,687,417.04
Wires Total 1172 $1,449,059.43
ACH Payments: 9008286-9008307
Payroll Direct Deposit 06/13/2025 $ 617,245.44
Payroll Direct Deposit 06/27/2025 $ 750,193.39
Other Payments $1,725,174.02
ACH Total $3,092,612.85
Payroll Checks: 13883-13915
Payroll-Regular 06/13/2025 $ 6,994.21
Payroll-Regular 06/27/2025 $ 8,646.14
Payroll Check Total $ 15,640.35
Total Warrants Issued for
June 2025
$ 9,244,729.67
137
FISCAL IMPACT:

No fiscal impact.

ALTERNATIVES:

Receive and file the warrants for period ending June 30, 2025.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Attachment 1 - Fund List_Updated 10.11.23.pdf

2. Accounts Payable and Payroll Warrants June 2025.pdf
138
General Fund Special Revenue Capital Improvement Enterprise Enterprise Internal Service Sucessor Agency Agency Funds Funds Funds Funds-BUA Funds Funds Funds
General Fund (001) Departments (002) Developer Deposit (400) Police Facilities Development (670) Electric Fund (660) Water (702) Fleet Maintenance (805) Redevelopment Obligation- - (1000) City Council (005) Successor Agency Admin (410) Fire Facilities Development - (7000) Electric (661) Water Capital Facilities (700) Risk Management Retirement - (1200) City Manager (100) Gas Tax Street (420) Traffic Control Facility - (7010) Generation & Trans. (662) Irrigation Water Fund - (5020) Workers Compensation (810) Sucessor Housing Agency (101) Measure A Street (421) Ramsey/Highland Signal (672) Rate Stability/Debt Service Reserve (663) BUA Water Capital Project - (5030) Unemployment Insur. (830) Debt Service Successor Agncy (102) RMRA (SB1) Gas Tax (430) General Facilities (673) Electric Improvement (669) BUA Water Debt Service - (5040) Liability Insurance (840) Bond Exp. Agreement - (221) ATWEL #2020-02 CFD
(360) Sun Lakes CFD #86-1
(365) Wilson Street #91-1 AD
(370) Area Police Computer
(375 Fair Oaks #2004-01-AD
(376) Cameo Homes
- (1210) Economic Development
- (1220) Public Information
- (1300) Human Resources
- (1400) City Clerk
(103) SB 300 Street (444) Wilson Median Fund (674) Electric Revenue Bond Project - (5300) City Attorney (BEA) Project -
(104) Article 3 Sidewalk (451) Park Development Fund (675) Public Benefit (680) Wastewater (841) Bond Exp. Agreement - - (1500) Elections
(1800) City Attorney
(110) CDBG (470) Capital Improvement (678) Electric Revenue Bond Debt Service (681) Wastewater Capital Facility (703) Information Systems Services
(704) Building Maintenance
(705) Support Services
(761) Utility Billing Admin.
(BEA) Low/Mod
- (1900) Fiscal Services
(111) Landscape Maintenance (475) Fair Oaks #2004-01-AD (682) Wastewater Tertiary - (3100) Account & Collections
- (1910) Purchasing & AP
(132) Air Quality Improvement (600) Airport Fund (683) BUA Wastewater Capital Project - (3110) Meter Reading
(140) Asset Forfeiture/Police (610) Transit Fund (685) State Revolving Loan - (2060) TV Government Access
- (2200) Police
(148) Supplemental Law- - (5800) Fixed Route (689) BUA Wastewater Debt Service Enforcement - (5850) Dial A Ride
(150) State Park Bond (690) Refuse Fund
(190) Housing Authority
(200) Special Donation
(201) Sr. Center Activities
(202) Animal Control Reserve
(203) Police Volunteer
(222) Federal Funds
(300) City Administration-
COP Debt Service
- (2210) Dispatch
- (2300) Animal Control
- (2400) Fire
- (2700) Building Safety
- (2740) Code Enforcement
- (2800) Planning
- (3000) Engineering
- (3200) Building Maintenance
- (3600) Parks
- (4000) Recreation
- (4010) Aquatics
- (4020) Day care
- (4050) Senior Center
- (4060) Sr. Advisory Board
- (4500) Central Services
- (4800) Debt Service
- (5400) Community Enhancement
Budget Processes, Policies & Fund Structure
The following depicts the City's budgeted funds and how they fit in the organization for budget and accounting purposes. Note that departments in the General Fund may also have budget responsibility for other funds.

Appropriated Funds
Governmental Funds Proprietary Funds Fiduciary Funds
Black = Major - Blue = Non-Major - Red = Retired Funds FY 20-21 139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Art Vela, Interim City Manager
MEETING DATE: September 23, 2025
SUBJECT: Consideration of Second Reading of Ordinance 1612 of the City of Banning, California Establishing a Procedure for Property Owner Objections to Proposed Water/Sewer Fees or Special Assessments RECOMMENDATION:

Approve second reading of Ordinance 1612.

BACKGROUND:

California recently enacted AB 2257, a bill sponsored by the ACWA and authored by Assemblymember Lori Wilson (D-Suisun City), which assists local agencies in defending against lawsuits under Proposition 218, which governs assessments, fees, and charges levied by local agencies. The bill establishes a formal objection procedure for ratepayers to raise concerns about proposed rate changes before litigation becomes an option. This process is designed to address disputes during the public participation stage, reducing the likelihood of surprise lawsuits after rates are approved. AB 2257 aligns with existing constitutional provisions and Proposition 218, which set standards for public notice, hearings, and protest procedures.

On August 26, 2025, the City Council held a hearing on the subject ordinance and draft resolution of Ordinance 1612. At the conclusion of this hearing, the Council voted to approve the item. This is the second reading of the ordinance, as required by law.

JUSTIFICATION:

To implement AB 2257, the proposed ordinance formally adopts the administrative remedy and record procedures described in Government Code Sections 53759.1 and 53759.2. Specifically, the ordinance adds Chapter 13.08, Article III to the Banning Municipal Code, which requires the City to post the proposed water/sewer fee or assessment and a written explanation of its basis on the City’s website.

Property owners would then have a minimum of 45 days to review the proposal and submit written objections.

Only objections submitted in writing before the close of the public hearing will be considered, and the City must respond to each timely filed objection in writing. This ensures that the City creates a full administrative record, as required by Government Code section 53759.2.

Furthermore, under the new procedure, any person or entity that fails to submit a timely written objection will be legally precluded from initiating a court challenge under Proposition 218. This “exhaustion of administrative remedies” requirement, mandated by Government Code section 53759.1, is a critical legal feature of the ordinance that aims to reduce litigation risk by encouraging early resolution of concerns. 194
This legislation mirrors the California Environmental Quality Act process, emphasizing transparency and early resolution of disputes. It does not bypass the public participation process mandated by Proposition 218 but enhances it by creating a parallel objection mechanism. By fostering communication between agencies and ratepayers, AB 2257 seeks to minimize litigation risks and promote collaborative problem solving in public rate-setting processes.

FISCAL IMPACT:

This action does not necessitate additional budget adjustments or impose new costs. This action helps ensure long-term financial stability by implementing sound financial management practices and minimizing risks.

ALTERNATIVES:

Do not adopt Ordinance 1612.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Ordinance 1612.docx

2. Ordinance 1612_affidavit.pdf
195
Ordinance 1612

Page 1 of 6 ends

ORDINANCE 1612

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA ESTABLISHING

A PROCEDURE FOR PROPERTY OWNER OBJECTIONS TO PROPOSED

WATER/SEWER FEES OR SPECIAL ASSESSMENTS
WHEREAS, the City of Banning (“City”) is a general law city organized under the California Constitution and the laws of the State of California.

WHEREAS, California law requires that certain changes to water/sewer fees or special assessments must be adopted or approved in accordance with procedures outlined in Article XIII D, of the California Constitution, commonly referred to as “Proposition 218.” WHEREAS, Article XIII D, Section 4, establishes certain procedural requirements and substantive limitations a local public agency must follow to adopt a special benefit assessment.

WHEREAS, Article XIII D, Section 6, establishes certain procedural requirements and substantive limitations a local public agency must follow to adopt a property related fee for water/sewer service.

WHEREAS, the purpose of this ordinance is to provide a meaningful opportunity for a ratepayer to present an objection to a proposed new or amended water/sewer fee or special benefit assessment before resorting to litigation after the new or amended fee or special benefit assessment is approved.

WHEREAS, this ordinance is intended to provide a procedure for ratepayers to bring an objection regarding a new or amended water/sewer fee or special benefit assessment to the City’s attention early in the fee consideration process, and to provide an opportunity for the City to address or resolve any objections before the City Council makes a final decision on whether to adopt a proposed water/sewer fee or special benefit assessment pursuant to Proposition 218.

WHEREAS, this procedure will generally require the City to make available the proposed water/sewer fee or special benefit assessment, post the written basis for the proposed water/sewer fee or special benefit assessment on its internet website, provide 45 days for the property owner to review the proposed fee or assessment and timely submit to the City a written objection to the fee or assessment that specifies the grounds for alleging noncompliance, and require the City to consider and respond in writing to timely submitted objections prior to the close of the protest hearing or ballot tabulation hearing required under Section 4 or Section 6 of Article XIII D of the California constitution; and
WHEREAS, for purposes of the proposed water/sewer fee or assessment adopted by the City pursuant to Section 4 or Section 6 of Article XIII D of the California Constitution, a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance with Article XIII D of the California Constitution for any new, increased, or extended water/sewer fee or assessment, unless that person or entity has timely submitted to the City a written objection to that fee or assessment that specifies the grounds for alleging noncompliance; and WHEREAS, the City Council hereby intends to adopt the exhaustion of administrative remedies, procedure as outlined in Government Code section 53759.1 and the administrative record principles contained in Government Code section 53759.2. 196
Ordinance 1612

Page 2 of 6 ends

NOW, THEREFORE, BE IT ORDAINIED by the City Council of the City of Banning as follows:

SECTION 1. All of the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby adopts the exhaustion of administrative remedies procedure contained in Government Code section 53759.1 by adding Chapter 13.08, Article III – Objection Regarding Property Related Fees or Assessments Pursuant to Proposition 218 – Exhaustion of Administrative Remedies, as set forth in Exhibit A, which Exhibit is attached hereto and incorporated herein by this reference.

SECTION 3. For purposes of any proposed water/sewer fee or assessment adopted by the City pursuant to Section 4 or Section 6 of Article XIII D of the California Constitution, a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance with Article XIII D of the California Constitution for any new, increased, or extended water/sewer fee or assessment, unless that person or entity has timely submitted to the City a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, in compliance with Government Code section 53759.1.

SECTION 4. The City hereby adopts the administrative record principles contained in Government Code section 53759.2 by adding Chapter 13.08, Article III – Objection Regarding Property Related Fees or Assessments Pursuant to Proposition 218 – Exhaustion of Administrative Remedies, as set forth in Exhibit A.

SECTION 5. In the event of any conflict between the terms, provisions, conditions, or requirements of this ordinance and those of any other ordinance, resolution, regulation or policy of the City, the terms provisions, conditions, and requirements of this ordinance shall prevail and be deemed superior, except where preempted by state or federal law.

SECTION 6. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 7. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with Government Code Section 36937.

SECTION 8. The City authorizes City staff to take such other and additional actions as may be reasonably necessary to implement the purpose of this ordinance and implement 197
Ordinance 1612

Page 3 of 6 ends

the exhaustion of administrative remedies procedure adopted herein.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Banning, California, held on the 23rd day of September 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________
Sheri Flynn, Mayor
City of Banning
(Seal) Attest: __________________
Sandra Calderon
Acting Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
______________________________
John Pinkney, City Attorney
198
Ordinance 1612

Page 4 of 6 ends

CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance 1612 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 26th day of August, 2025, and was duly adopted at a regular meeting of said City Council on the 23rd day of September, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon
Acting Administrative City Clerk
City of Banning, California
199
Ordinance 1612

Page 5 of 6 ends

EXHIBIT A
Chapter 13.08, Article III
Objection Regarding Property Related Fees or Assessments Pursuant to Proposition 218 – Exhaustion of Administrative Remedies

13.08.010 – Purpose and Authority
This Chapter establishes the administrative procedures required for consideration and adoption of new or increased water/sewer fees and special benefit assessments in accordance with Article XIII D of the California Constitution and Government Code Sections 53759.1 and 53759.2. These procedures are designed to provide property owners with a meaningful opportunity to object to such fees or assessments and to ensure the City complies with applicable constitutional and statutory requirements.

13.08.020 – Applicability
This Chapter applies to all proceedings initiated by the City of Banning to adopt or increase water/sewer service-related property fees or special benefit assessments under Section 4 or Section 6 of Article XIII D of the California Constitution.

13.08.030 – Procedure for Objections
A. Prior to the adoption of any new or increased water/sewer fee or special benefit assessment, the City shall:

1. Publish and make available the proposed fee or assessment and its written basis on the City’s official website;

2. Provide at least 45 days for property owners to review and submit objections;

3. Accept only written objections submitted within the 45-day notice period and prior to the conclusion of any required public hearing;

4. Respond in writing to timely filed objections before the close of the protest hearing or ballot tabulation.

B. Any objection must:

1. Be submitted by a property owner subject to the proposed fee or assessment;

2. Be in writing;

3. Clearly state the specific grounds for alleging noncompliance with Article XIII D.

13.08.040 – Exhaustion of Administrative Remedies
In accordance with Government Code Section 53759.1, no legal action or proceeding challenging the validity of any water/sewer fee or assessment shall be brought unless the affected party has first exhausted administrative remedies by complying with the objection procedure set forth in this Chapter.
200
Ordinance 1612

Page 6 of 6 ends

13.08.050 – Administrative Record
The City shall maintain an administrative record of all proceedings related to proposed fees or assessments pursuant to Government Code Section 53759.2.

13.08.060 – Conflict with Other Laws
In the event of any conflict between this Chapter and any other ordinance, regulation, or policy of the City, the provisions of this Chapter shall control, except where superseded by state or federal law.
201

AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
City of Banning Ordinance 1612
___________________________________________________
State of California )
County of Riverside ) SS.

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of
general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737.

That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Sep 12, 2025
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
City of Banning Ordinance 1612 | Page 1 of 2
September 12 2025
202
City of Banning Ordinance 1612 | Page 2 of 2
203

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Art Vela, Acting City Manager
MEETING DATE: September 23, 2025
SUBJECT: Consideration of Resolution 2025-125, Amending the Classification & Compensation Plan for the City of Banning related to the positions of Executive Secretary (Unfund), Administrative Analyst (Fund), Code Compliance Supervisor (Unfund), Code Compliance Officer (Fund) and Electric Service Planner (Reclass)
RECOMMENDATION:

Adopt Resolution 2025-125.

BACKGROUND:

It is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects budget amendments, organizational structure, and department needs.

Past City Council resolutions have identified the necessity to maintain a current Classification & Compensation Plan that reflects the nature of work and organizational structure, that the plan is updated to reflect both market changes and appropriate compensation for work performed.

JUSTIFICATION:

City Manager’s Office
During the April 22nd, 2025 City Council meeting the approval was provided to reclassify the Assistant City Manager position to an Executive Secretary position. Staff would like to reclassify the approved Executive Secretary position for the City Manager’s office to an Administrative Analyst position for the City Manager’s Office due to the level of effort needed to support the City Manager's office.

The proposed Administrative Analyst position is a single classification position that will report directly to and assist the City Manager with advanced analytical functions. These tasks include conducting research and data analysis to support departmental planning and decision-making, developing and 204
monitoring budgets and financial reports, creating policies and procedural documentation, managing complex projects with minimal supervision, and preparing staff reports and presentations.

Reclassifying this position from clerical and administrative support to a more advanced analytical function will provide the department with the necessary high-level strategic support.

Police Department – Code Enforcement
Due to recent organizational changes, workload distribution and budget considerations, staff is requesting to reclassify the Code Compliance Supervisor to a Code Compliance Officer position. The workload for the Code Enforcement team has increased with the recent division’s move to the Police Department. Additionally, adding an additional officer will assist the team in conducting field inspections for zoning, nuisance, and building code violations, preparing and issuing notices of violation and citations and engaging directly with the public to resolve compliance issues.

Currently the Code Enforcement team receives supervisory instruction from the Community Development Operations Manager, who works closely with Police Management. Staff decided that reclassifying the Code Compliance Supervisor to a Code Compliance Officer would be beneficial to the department and the citizens, as there will be a total of three (3) Code Compliance Officers available for assistance. Lastly, this action will provide a cost savings to the General Fund.

Public Works - Electric Utility
During the last two years, the number of development projects requiring electrical planning, including new single family home developments, new ADU projects, electrical panel change outs, and new solar permit projects continue to increase month after month. There has been no trend or expectation that this workload will decrease with the additional residential developments in the pipeline. Additionally, Electric Service Planners (ESP) also perform full inspections on electric utility related construction performed by contractors such as trench/conduit, mandrel, service installation, grounding/bonding, etc., and completing job walks/onsite meeting with contractors for future job planning.

Banning Electric Utility (BEU) currently has one Assistant ESP, two ESPs and one Electric Planning Supervisor. This has caused challenges in performing the duties/tasks required to complete the utility plan check and permit requests in a timely manner and has increased the delay/response time for getting estimated costs back to developers, in turn extending the amount of time BEU is able to invoice and receive developer funded revenue. Additionally, performing and scheduling onsite inspections in order for contractors to close out projects has also been delayed due to the lack of capacity of the existing two ESPs and is not meeting the City’s customer service expectations with the developers and contractors.

By reclassifying the existing Assistant Electric Service Planner position to an Electric Service Planner position, this will allow the Banning Electric Utility planning group to have three Full Time Equivalent ESPs, which will allow the BEU planning team to continue to keep up with issuing timely utility comments and estimated costs back to developers and meet onsite with contractors process and final utility permits in a more timely manner, allowing for timely invoicing and contractor payments to be received, as well as 205
avoid delaying vital construction projects within the City. The change will also provide for staff retention and succession planning.

The job descriptions for the Code Compliance Officer, Administrative Analyst, City Manager’s Office and Electric Service Planner are included with the agenda item. Making these changes provides consistency and represents the wide variety of duties performed in these roles.

FISCAL IMPACT:

City Manager’s Office
Fiscal Impact – Funding from General Fund (City Manager’s budget) Position/Range
Proposed Salary
Range (min-max)
Current Salary Range
Proposed Base Wage
Difference (min-max)
Administrative Analyst / G63
$63,600.93 to
$87,397.15
$63,600.93 to $87,397.15
(Defund) Executive
Secretary / G53
$53,466.27 to $64,275.68
$(53,466.27) to
$(64,275.68)

DIFFERENCE IN BASE
PAY
$10,134.66 to
$23,121.47
Police Department-Code Enforcement
Fiscal Impact – Funding from General Fund (Police Department budget) Position/Range
Proposed Salary Range
(min-max)
Current Salary Range
Proposed Base Wage
Difference (min-max)
Code Compliance Officer /
G58
$57,094.24 to
$77,245.57
$57,094.24 to
$77,245.57
(Defund) Code Compliance
Supervisor / G70
$76,790.00 to
$103,887.49
$(76,790.00) to
$(103,887.49)

DIFFERENCE IN BASE

PAY (SAVINGS)
$(19,695.76) to
$(26,641.92)
Electric Utility Department
Fiscal Impact – Funding from Electric Utility Fund (Electric Utility budget) Position/Range Proposed Salary Current Salary
Proposed Base Wage
Difference
Assistant Electric Service
Planner / U74
$105,734.84 $(105,734.84)
Electric Service Planner /
U84
$110,649.62 $110,649.62

DIFFERENCE IN BASE
PAY
$4,914.78
206
ALTERNATIVES:

Do not adopt Resolution 2025-125 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-125.docx

2. Administrative Analyst.pdf

3. Code Compliance Officer.pdf

4. Electric Service Planner.pdf
207
Resolution 2025-125

Page 1 of 4 ends

RESOLUTION 2025-125

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

AMENDING THE CLASSIFICATION & COMPENSATION PLAN FOR THE CITY OF BANNING WHEREAS, it is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects the nature of work, organizational structure, or otherwise; and
WHEREAS, changes to job descriptions, job titles, and/or pay ranges require City Council approval.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. That the City Council approve the following position control changes to the effective Fiscal Year 2025-2026 classification and compensation plan:

Unfund Executive Secretary (City Manager’s Group) 1
Fund Administrative Analyst (City Manager’s Group) 1
Unfund Code Compliance Supervisor (Police Group) 1
Fund Code Compliance Officer (Police Group) 1
Reclassify Assistant Electric Service Planner (Electric Utility Group) 1 Electric Service Planner (Electric Utility Group) 1
SECTION 2. The City Council approves the unfunding, funding and reclassifications of the positions listed above, effective Fiscal Year 2025-2026.

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 23rd day of September 2025.

Sheri Flynn, Mayor
City of Banning
208
Resolution 2025-125

Page 2 of 4 ends

ATTEST:

Sandra Calderon,
Acting Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
SBEMP
209
Resolution 2025-125

Page 3 of 4 ends

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-125, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 23rd day of September 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Administrative City Clerk
City of Banning, California
210
Resolution 2025-125

Page 4 of 4 ends

Exhibit A
Job Descriptions
211

JOB DESCRIPTION
TITLE: Administrative Analyst JOB CODE: 1100
DEPARTMENT: City Manager’s Office EFFECTIVE DATE: 09/09/2025 REPORTS TO: City Manager FLSA STATUS: Non-Exempt
SUPERVISES: N/A UNION STATUS: Represented
SALARY RANGE: G63 ($64,600.93 - $87,397.15)

JOB PURPOSE/SUMMARY
Under general supervision, performs a variety of professional administrative, analytical and technical assistance in the administration and management of a city department. This includes conducting specific and comprehensive analyses of a wide range of City policies involving organization procedures, finance and services; and to provide guidance on various City policies, procedures, goals, and objectives.

PERFORMANCE EXPECTATIONS
• Leadership: Contributes to a positive work culture consistent with the City of Banning Leadership Philosophy, actively welcomes new approaches to public service and supports change and process improvements at all levels within the organization. • Teamwork: Demonstrates ability and willingness to work collaboratively with a team. ▪ Communication: Communicates effectively with peers, supervisors, subordinates, and individuals to who service is provided.

ABOUT THE CITY OF BANNING
The City of Banning is located in the San Gorgonio Pass area of Southern California. The community of over 30,000 people is diverse with income levels slightly lower than other areas of Riverside County.

However, growth and development is occurring rapidly, which will create new jobs, increase the population and raise income levels. Our employees are the most important asset in preserving our Proud History, Creating a Prosperous Tomorrow, and in responding to the community’s needs. The City provides competitive salaries, outstanding benefits and professional growth opportunities.

CITY VISION
The City of Banning promotes and supports a high quality of life that ensures a safe and friendly environment, fosters new opportunities and provides responsible, fair treatment to all and is the pride of its citizens.

Core Values - R.E.A.D.Y.
▪ Respectful
▪ Enthusiastic
▪ Accountable
▪ Dedication
▪ Yes-Minded
212

ESSENTIAL FUNCTIONS
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification. Shown are duties intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties.
▪ Provide responsible professional and technical assistance in the development and implementation of a wide variety of City policies and procedures.
▪ Perform a wide variety of responsible, complex and confidential duties for designated individuals at the Division Head level.
▪ Conduct specific analyses of a wide range of City policies involving procedures, finance, personnel and services.
▪ Gather, research, compile, tabulate and analyze data; compile materials and prepare administrative reports, manuals and publications.
▪ Take and transcribe dictation from rough draft, shorthand notes or recordings. ▪ Respond independently to letters and general correspondence of a routine nature. ▪ Maintain appointment schedules, daily calendars and make travel arrangements. ▪ Conduct surveys and studies and perform research and statistical analyses on administrative, budgetary, personnel and operational issues.
▪ Maintain accurate records and files of activities.
▪ Assist in the analysis and revision of City systems and procedures. ▪ Respond to requests for information from the public and other City staff; may prepare news releases, public information materials and internal or external newsletters. ▪ Perform related duties as assigned.

KNOWLEDGE OF:
▪ City organization, operations, policies and procedures. ▪ City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives.
▪ Principles and practices of organization and public administration. ▪ Budget preparation, analysis and control methods and practices. ▪ Research techniques, statistics and quantitative analysis. ▪ Computer software and electronic spreadsheets.
▪ Operating policies and procedures of the department to which assigned. ▪ Principles of supervision and training
ABILITY TO:
▪ Read, understand, interpret and apply relevant City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
▪ Assess and prioritize multiple tasks, projects and/or demands. ▪ Work within deadlines to complete projects and assignments. ▪ Establish and maintain effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning. ▪ On a continuous basis, know and understand all aspects of the job, intermittently analyze work papers, reports, and special projects;
▪ Research, analyze and interpret legal, technical and numerical information; ▪ Observe and problem solve operational and technical issues, policies and procedures. ▪ Use telephone;
▪ Write or use keyboard to communicate through written means, and lift or carry weight of 10 pounds or less.
▪ Compile and maintain complex and extensive records and files for a department. ▪ Represent the department using good judgment, poise, tact and diplomacy. ▪ Perform a wide variety of administrative duties on behalf of the supervisor with little or minimal supervision.
▪ Evaluate and develop improvements in operations, procedures, policies or methods. ▪ Effectively administer assigned programmatic responsibilities. 213
▪ Use word processing and spreadsheet software to prepare narrative and statistical reports.
• Learn specialized computer programs.
• Establish and maintain effective working relationships with those contacted in the course work. • Communicate clearly and concisely, orally and in writing. • Receive highly sensitive information and maintain confidentiality.

MINIMUM QUALIFICATIONS
A high school diploma or GED supplemented by specialized administrative support/business related courses and five (5) years of experience performing increasingly complex and highly responsible office and administrative support work, of which at least two (2) years involve professional and responsible administrative experience in research and analysis, preferably with a municipal organization. An Bachelor’s Degree is preferred. Municipal/public sector government experience is highly desirable.

Licenses:
• Demonstrated proficiency at an advanced level in Word and/or Excel. • Possession of a valid California driver’s license.

PHYSICAL AND ENVIRONMENTAL WORKING CONDITIONS
While performing the duties of this job, the employee is frequently required to walk, sit, talk, and hear. The employee is frequently required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee is frequently required to climb, balance, stoop, kneel, crouch, or crawl.

The employee must regularly lift and/or move up to ten (10) pounds. Specific vision abilities required by this job include close vision, color vision, and the ability to adjust focus. On a continuous basis, sit at a desk for long periods of time; intermittently twist to reach equipment surrounding desk.

The City of Banning is an equal opportunity employer. All employees and candidates for employment will be recruited, selected, trained, promoted, compensated and, if necessary, disciplined or terminated without regard to sex/gender, race, national origin, religion, creed, color, marital status, veteran status, age, national origin, pregnancy, sexual orientation, gender identity, disability, genetic information or any other basis prohibited by law.

While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the incumbent will possess the abilities or aptitudes to perform each duty proficiently.

This job description does not constitute an employment agreement between the Employer and Employee and is subject to change as the needs of the Employer and requirements of the job change. 214
PSPC City of Banning, California CC Approved October 26, 2004 REV:___

CITY OF BANNING, CALIFORNIA

Code Compliance Officer
Job Code: 3230
Grade: G58
FLSA [ ] Exempt [ x ] Non-Exempt
__________________________________________________________________________ JOB DEFINITION: Under general supervision, inspects residential and commercial property for compliance with City, State and Federal zoning and nuisance codes and performs a variety of duties associated with the enforcement of City ordinances.

ESSENTIAL FUNCTIONS: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification. Shown are duties intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties.

REPRESENTATIVE DUTIES: Inspects and investigates citizen complaints dealing with violations of City codes and ordinances. Inspects residential and commercial property to ensure compliance with City, State and Federal codes.

Travels to property accused of violations to perform inspections and determines if a violation has occurred.

Prepares inspection reports. Documents finding with photographs and written statements. Prepares correspondence to inform the responsible party of the violation and required action. Monitors outstanding inspection reports to ensure compliance is achieved.

Provides information to the community regarding code requirements. Prepares warrant and affidavit for abatement notices as necessary. Ensures appropriate documentation is archived.

Performs other duties as assigned or required.

KNOWLEDGE and SKILLS:
 Knowledge of applicable City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives.  Knowledge of the City's and the Department's policies and procedures.  Knowledge of basic mathematical computations.
 Skill in reading, understanding, interpreting and applying relevant City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines and directives.
 Skill in assessing and prioritizing multiple tasks, projects and/or demands.  Skill in working within deadlines to complete projects and assignments.  Skill in establishing and maintaining effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning.  Skill in operating a personal computer utilizing a variety of software applications. (continued on reverse side)
215
PSPC City of Banning, California CC Approved October 26, 2004 REV:December, 2019

CITY OF BANNING, CALIFORNIA
Code Compliance Officer
Job Code: 3230
______________________________________________________________________________________ MINIMUM QUALIFICATIONS: A high school diploma or GED.

DESIRABLE QUALIFICATIONS: Experience maintaining compliance standards or other related experience is desirable.

ADDITIONAL REQUIREMENTS: Must have at the time of application and must maintain a valid California Driver License. Possession of, or ability to obtain within one year of employment, a PC832 Arrest and Firearms Certificate along with California Association of Code Enforcement Officers (CACEO) Basic and Intermediate Certifications. May be exposed to extreme weather conditions, potential physical harm, infectious diseases, hazardous chemicals and/or dangerous machinery. May be required to work outside the traditional work schedule. May be subject to call out and/or call-back.

PHYSICAL ABILITIES AND WORK ENVIRONMENT: Ability to travel to different sites and locations; sit, stand, walk, run, kneel, crouch, stoop squat, crawl, twist, climb and lift up to 50 lbs. Ability to endure exposure to heat, noise, outdoors, vibration, confining work space, chemicals, explosive materials, mechanical hazards and electrical hazards.

Ability to sit for long periods of time and work in an enclosed environment with limited mobility; availability for shift work. 216
PSPC City of Banning, California CC Approved October 2018 REV:___

CITY OF BANNING, CALIFORNIA
Electric Service Planner
Job Code: 5030
Grade: U84
FLSA [ ] Exempt [ x ] Non-Exempt
__________________________________________________________________________ JOB DEFINITION: Under general supervision, performs a variety of duties associated with planning and coordinating overhead line and underground electrical expansion of the City’s electrical utility service.

REPRESENTATIVE DUTIES: Plans and coordinates overhead line and underground electrical expansion of the City’s electrical utility service. Provides subordinate staff with electrical expertise involving the utility system.

Designs efficient and cost effective electrical utility systems. Provides direction in building and maintaining a reliable electrical service to City customers.

Provides electrical job cost estimates, including material, labor, equipment overhead and administrative costs for projects. Creates drawings and maps to assist electrical crews. Completes electrical plan checks on new building projects. Inspects electrical construction performed by contractors. Meets with other utilities for joint trench and pole installations. Attends meetings with the other departments of the City to coordinate development activities.

Performs other duties as assigned or required.

KNOWLEDGE and SKILLS:
 Knowledge of applicable City, County, State and Federal statutes, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives.  Knowledge of the City's and the Department's policies and procedures.  Knowledge of high and low voltage precautions and guidelines.  Knowledge of electrical engineering, transmission and distribution theory and practice.  Knowledge of strategic planning principles.
 Knowledge of providing electrical inspection for various projects.  Skill in operating a personal computer utilizing a variety of electrical design and office software applications.  Skill in reading, understanding, interpreting and applying relevant City, County, State and Federal statutes, rules,
regulations, ordinances, codes, administrative orders, policies and procedures and other operational guidelines
and directives.
 Skill in assessing and prioritizing multiple tasks, projects and/or demands.  Skill in working within deadlines to complete projects and assignments.  Skill in assessing, analyzing, identifying and implementing solutions to complex problems.  Skill in establishing and maintaining effective working relations with co-workers, staff, vendors, contractors, visitors, the general public and others having business with the City of Banning.  Skill in developing cost estimates for electrical projects. (continued on reverse side)
217
PSPC City of Banning, California CC Approved July 13, 2004 REV:____

CITY OF BANNING, CALIFORNIA
Electric Service Planner
Job Code: 5030
Grade: U84
_________________________________________________________________________________ MINIMUM QUALIFICATIONS: A high school diploma or GED AND five (5) years of utility work experience that includes two (2) years electric utility design, drafting or planning. Professional certification in AutoCAD, Line staking or SCADA.

PREFERRED QUALIFICATIONS: An Associate’s degree in engineering, electricpower technology, computer science, construction management or a related field is preferred.

ADDITIONAL REQUIREMENTS: Must possess at the time of application and maintain a valid California Driver License.

PHYSICAL REQUIREMENTS: Work is performed both in an office and outside environment requiring prolonged sitting or standing; walking, kneeling, crouching, squatting, stooping, and bending; inputting data into a computer terminal; exposure to computer glare, vibrations, and pitch; lifting, carrying, and regularly lift and/or move up to twenty five (25) pounds, frequently lift and/or move up to fifty (50) pounds in weight; use hands to finger, handle or feel; reach with hands and arms and have mobility, vision, hearing, and dexterity levels appropriate to the duties to be performed. Ability to travel to different sites and locations CAREER ADVANCEMENT OPPORTUNITIES:

From: Electric Service Planner
To: Senior Electric Service Planner
218

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Fred Lyn, Deputy Director of Electric
MEETING DATE: September 23, 2025
SUBJECT:

Consideration of Resolution 2025-132, Amending the Banning Electric Utility’s Rules and Regulations #1 to #19, #21 and the General Provisions, Removal of Rule #20 and Adding Rules #22, #23 and Notes, Which Set Forth Electric Service Requirements RECOMMENDATION:

Adopt Resolution 2025-132.

BACKGROUND:

The City of Banning’s Electric Rules and Regulations were first developed and adopted by the City Council on June 26, 1975, via Resolution 1975-23. The purpose of the Electric Rules and Regulations is to provide the electrical customer, property owner, contractor, developer and engineer with a resource guide that will aid in the completion of their electrical service connections that will meet all Banning Electric Utility (BEU) and electrical industry standard practices and safety requirements.

The Banning Municipal Code Section 13.05.030 provides that the City Council may, by resolution, from time to time as it deems necessary for the administration or implementation of the intent to review, revise, adopt and/or promulgate new or amended rules and regulations concerning the operation or administration of the Banning Electric Utility.

JUSTIFICATION:

Portions of the City of Banning's Electric Rules and Regulations have been updated sporadically about eleven (11) times since the rule's inception with the last revision and amendment occurring on December 10, 2019 by Council Resolution No. 2019-146. However, a comprehensive full update to the original 1975 version has not occurred for over 50 years. The attached redline Electric Rules and Regulations provides a significant and long overdue update to this important BEU document including updates to the department’s service requirements, technical details and updates to definitions, terminologies, guidelines and the removal of obsolete terms and titles. This comprehensive update has taken BEU staff over 2 years to complete with cross references and comparisons to previously approved Resolutions related to BEU's Rules and Regulations, Rules and Regulations from other municipal electric utilities and the adjacent investor-owned electric utility. The updated attachment has been reviewed by the City Attorney's Office who had no additional comments and provided their concurrence. The table below 219
provides the Rule sections and a summary of the proposed changes.

Rule # / Section Change Description
General Provision Removed Water Utility Rules
Note
New addition to state the basis of BEU Rules and Reg document similar to other Municipal Utilities
1 Clarified, modified and added definitions
2 Added clarification on disconnecting devices
Stated voltage classification and nominal values, clarify single and three phase services
Clarify motor classification and characteristics
Clarify miscellaneous loads and sources and BEU requirements Stated underground requirement
Added power quality requirement
Added explanation to self-generation program
3 Clarified application process and requirements for clarity 4 Modified terminology to be consistent for clarity
5 Clarified Credit requirement and defined diversion
6 Modified Deposit requirement and amount
7 Clarified correspondence methods between customers and BEU 8 Added information on Energy Bill Assistance and Level Payment, and consequence of returned payment and nonpayment of bill. Incorporated Resolution 1986-42
9 Clarified some provisions of the rule
10 Modified the entire Rule based on Resolution 2019-54 11 Removed rate adoption by Ordinance to match existing Municipal Code, removed obsolete optional rate information
12 Clarified Temporary services
13 Added clarification on power interruption and recovery 14 Significant modification to remove obsolete information, add BEU's current requirement, and clarified provision. Incorporated Resolutions 1977-64, 1979-32, 1981-66, 1984-27, 1989-39
15 Modified based on current BEU requirement. Incorporated Resolution 1994-130
16 Added clarifications
17 Added clarifications
18 Modified rule based on current BEU operational needs 19 Added clarification and restrictions to the provisions of sub-metering.

Incorporated Resolution 1976-61, 1983-19
20 Rule no longer applicable and removed
21 Clarified provisions of service discontinuation for repaired and other reasons, and added restrictions to temporary service discontinuation 22 Added Rule 22 for Tree Trimming per Resolution 1994-130 23 Added Rule 30 that documents Banning Climate Zone 10 Designation per Resolution 2019-146
220
Council Resolutions
reviewed or
incorporated in this
revision
1976-61, 1977-64, 1979-32, 1981-66, 1983-19, 1984-27, 1986-42, 1989-39, 1994-130, 2019-54, 2019-146
FISCAL IMPACT:

Adoption of Resolution 2025-132 will have no direct fiscal impact to the Electric Funds.

ALTERNATIVES:

Do not adopt Resolution 2025-132 updating the Banning Electric Utility's Rules and Regulations and provide staff with an alternative direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-132_BEU_Rules_and_Regs.docx

2. Rules and Regulations REDLINE Dt 9-16-25.pdf
221
Resolution 2025-132

Page 1 of 3 ends

RESOLUTION 2025-132

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AMENDING THE BANNING ELECTRIC UTILITY’S RULES AND REGULATIONS #1 TO #19, #21 AND THE GENERAL PROVISIONS, REMOVAL OF RULE #20 AND ADDING RULES #22, #23 AND NOTES, WHICH SETS FORTH ELECTRIC SERVICE REQUIREMENTS WHEREAS, Resolution 1975-23 approved and adopted on June 26, 1975, established Electric Rules and Regulations setting forth the provision of electric service within the City of Banning; and,
WHEREAS, Section 13.05.030 of the Banning Municipal Code provides that the City Council may, by resolution, from time to time as it deems necessary for the administration or implementation of the intent to review, revise, adopt and/or promulgate new or amended rules and regulations concerning the operation or administration of the Banning Electric Utility; and
WHEREAS, it is necessary to amend the existing Rules and Regulations in order to provide a significant and long overdue update to 1) the department’s service requirements, 2) utility technical details, 3) updates to definitions, terminologies and guidelines and 4) removal of obsolete terms and titles;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. Resolution 1975-23, Banning Electric Rules and Regulations is hereby rescinded.

SECTION 2. The Banning Electric Rules and Regulations in the amended and restated form attached hereto is hereby approved and adopted.

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 23rd day of September, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Sandra Calderon, Acting Administrative
City Clerk
City of Banning
222
Resolution 2025-132

Page 2 of 3 ends

APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
223
Resolution 2025-132

Page 3 of 3 ends

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-132, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 23rd day of September, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
224

BANNING ELECTRIC UTILITY

RULES AND REGULATIONS

Elect/Form/
Rules & Regulations
I

TABLE OF CONTENTS

ELECTRIC
RULE #
PAGE
NO. GENERAL PROVISIONS
- I - II Table of Content
- III Electric Utility Policy
- IV General Provisions
- V Note

1. 1–4- 7 Definitions

2. 5–88 - 15 Descriptions of Service

3. 9–1016 -
17 Application for Service

4. 1118 Contracts

5. 12–1319
- 20
Establishment and Re-establishment of Credit

6. 1421 Deposits

7. 1522 Notices

8. 16–1723
- 26
Rendering and Payment of Bills

9. 18-1927 -
29 Discontinuance and Restoration of Service

10. 20-2130 -
33 Disputed or Erroneous Bills

11. 2237 Rates and Optional Rates

12. 2338 - 39 Temporary Service

13. 2440 Shortage of Supply and Interruption

14. 25-3241 -
52 Line Extensions

15. 33-4053 -
61 Service Connections and Facilities on Customers Premises

16. 41-4262 -
64 Replacement of Overhead with Underground Distribution on Facilities 225

BANNING ELECTRIC UTILITY

RULES AND REGULATIONS

Elect/Form/
Rules & Regulations
II

17. 4365 Added Facilities

18. 4466 - 68 DepartmentBEU Right to Ingress to and Egress from Consumers Premises

19. 45-4669 -
71 Supply to Individual Premises and Sub Metering of Electric Energy

20. 4771 - 72 Unit of Benefit Charge

21. 4874 Turn on and Turn off Electric Service for Repair or Other

22. 75 – 76 Tree Trimming

23. 77 – 78 Climate Zone 10 Designation
226

BANNING ELECTRIC UTILITY

RULES AND REGULATIONS

Elect/Form/
Rules & Regulations
III

ELECTRIC UTILITY POLICY
The objectivesobjective of the City of Banning Electric DepartmentUtility (BEU) is to plan and carry out the development of the electric distribution of the city for the greatest benefit to the area and to the citizens of Banning. This includes providing dependable electric service to the residents of the City to the fullest extent possible consistent with overall sound business principals in planning, financing and construction of developments and in operation and maintenance of the electric distribution system.

It is recognized that the City Council is the governing body of the City and that they provide the utility services to the citizens of Banning. Through outThroughout their direction, the DepartmentBEU is continually anticipating the electric service and related needs to the customers in the community and will be responsive to their needs and requirements. The accomplishment of these objectives will make the maximum benefits to the public realized. 227

BANNING ELECTRIC UTILITY

RULES AND REGULATIONS

Elect/Form/
Rules & Regulations
IV

GENERAL PROVISIONS
A. RATE APPLICABILITY AND RULES
These rules apply to the service area of the City of Banning Electric DepartmentUtility (BEU) except as may be otherwise provided or prescribed by the City Council. In the event of any dispute as to rates or rules, the City Council of the City of Banning reserves the right to determine the applicability of the rate or rule in question.

B. SPECIAL CONDITIONS OF SERVICE
The Electric Utility SuperintendentThe BEU Deputy Director may establish and enforce charges for furnishing to any installation of a character not adequately provided for by these rates and rules, provided that such charges shall be consistent with rates and charges prescribed here in.

C. WATER UTILITY RULES
Rule #3, #4, #5, #7, #8, and #9 shall apply to the Water Utility of the City of Banning. 228
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
V
NOTE
The provisions of these Rules and Regulations are intended to be in accordance with the latest revisions of the following regulations, but are not intended to be a substitute for said regulations:
 General Order 95, Rules for Overhead Electric Line Construction  General Order 128, Rules for Construction of Underground Electric Supply and Communication Systems
 National Electric Code (NEC)
 National Electric Safety Code (NESC)
 American National Standard C84.1
 Electric Utility Service Equipment Requirements Committee (EUSERC) drawings and guidelines
 City of Banning. Municipal Code Chapter 13.05
Service installations must meet the minimum requirements of the above regulations. When the requirements of BEU Rules and Regulations are more stringent than the above regulations, BEU Regulations will apply.

BEU Rules and Regulations are intended to assist Customers to understand the requirements to obtain service from BEU. BEU is not responsible for the incompleteness or inaccuracy of this document. Customers are advised to design their electrical systems in accordance with applicable codes.
229
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-23 2025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 1 -
ELECTRIC RULE NO. 1 –

DEFINITIONS
The following rules are effective within the City of Banning and areas served by the Electric DepartmentBEU as approved by the City Council.

A. All rules herein set forth are subject at all times to change. ReasonableA reasonable effort will be made to issue revised copies whenever any changes so require. Copies of the rules in affecteffect will be kept up-to-date and on file in the offices of the Electric DepartmentBEU and the City Clerk. Consumers or others contemplating any expenditures or activities governed by these rules should assure themselves that they have the latest correct information by visiting, telephoning or otherwise contacting the Department.BEU.

B. For the purpose of these rules, the following terms shall be construed to have the following meanings:

ADDED FACILITIES
The facilities provided by BEU at the request of an Applicant, which are over and above BEU’s standard facilities, including but not limited to Preferred/Emergency Service.

ADVANCED ELECTRIC METER
A meter that wirelessly transmits Customer electric consumption data for operation and billing purposes to BEU on a periodic or event-driven basis, including but not limited to specialty meters.

APPLICANT
The person, partnership, corporation, public agency, or other organization making application to the DepartmentBEU for electric service.

APPLICATION
A request for electric service made in person at the Commercial Office, or a written request for service, which shall include necessary fees to cover deposits, connection charges, or line extensions costs.

BANNING ELECTRIC UTILITY (BEU)
The City of Banning Electric Utility, a municipal utility supplying electric service within the City of Banning service territory.

BILLING DEMAND
The load or demand used for computing charges under rate schedules based on the size of the consumer’s load or demandscharacteristics. It may be connected load, the measured maximum demand, or a modification of either as provided for by the applicable rate schedule.
230
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-23 2025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 2 -

BILLING PERIOD
The time interval between two consecutive meter readings that are taken for billing purposes.

CITY
The City of Banning, a municipal corporation.

CITY COUNCIL
The governing body of the City of Banning, California.

CLASS OF SERVICE
The categories of electric service established by the various electric Rate Schedules.

COMMERCIAL SERVICE
Service to an enterprise engaged in the selling of, or manufacturing of, goods, and to the rendering of services, including housing service, such as hotels and apartments, and to educational service such as schools and colleges.

COMMERCIAL OFFICE
Offices of the City of Banning Electric DepartmentUtility located at 99176 E.

RamseyLincon Street in Banning, California, Phone (909951) 922-3260.

CONNECTED LOAD
The sum of the rated capacities of all of a consumer’s equipment that can be connected to the Department’sBEU’s lines at one time. as more completely described in the rate schedules. Such capacities shall be the name plate ratings, or that capacity determined by meter consumption data.

CONNECTION CHARGE
Charges required for each application for service, or for service transfer.

CONSUMER AND/OR CUSTOMER
The person in whose name service is rendered as evidence by the signature on the application, contract, or agreement for service, or in the absence of a signed instrument by the receipt and payments of bills regularly issued in histheir name, regardless of the user of electric service. A Customer may also be a party with whom BEU is doing business, with or without a billing relationship, or who is receiving benefit of electric service under another party’s name.

CUNSUMER’SCONSUMER’S MAILING ADDRESS
231
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-23 2025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 3 -
The address as given in a consumer’s application for service, or other address as may be given by the consumer to the DepartmentBEU to which any bill, notice or other communication is to be mailed, email, text, and or other applicable medium.

CUSTOMER CHARGE
That portion of the charge for service which is a fixed amount without regard to connected load, demand, or energy consumption in accordance with the rate schedule.

DATE OF PRESENTATION
The date upon which a bill is mailed, or delivered to the consumer by the DepartmentBEU.

DEMAND CHARGE
The portion of the charge for electric service which varies with the billing demand in accordance with the requirements of the applicable rate.

DEPARTMENT
The City of Banning Electric Department, a municipal utility supplying electric service within the City of Banning.

DEPARTMENT’SBEU’s CONVENIENCE
The term refers to the utilization under certain circumstances of facilities not ordinarily employed which contribute to the overall efficiency of the City’s operation.

DISTIBUTIONDEPUTY DIRECTOR
Deputy Director of Banning Electric Utility (BEU).

DISTRIBUTED ENERGY RESOURCE (DER):

Customer power generation and storage resources typically located on Customer Premises operated for the purpose of supplying all or a portion of the Customer electric load. DERs consist of a range of small-scale modular devices designed to provide electricity and/or thermal energy. DERs include, but are not limited to, fossil and renewable energy technologies such as photovoltaic arrays, wind turbines, micro turbines, reciprocating engines, fuel cells, combustion turbines, steam turbines, energy storage devices such as batteries and flywheels, and combined heat and power systems.

DISTRIBUTED GENERATION RESOURCE:

A source of electricity utilizing small-scale renewable power generation technologies including, but not limited to, solar panels on the roofs of buildings and small wind turbines, which provide an alternative to or an enhancement of a traditional electric power system and reduce the amount of energy lost in transmitting electricity since power is generated near where it is used.

DISTRIBUTION LINES
232
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-23 2025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 4 -
Overhead pole lines and/or underground facilities consisting of conduit and cable which are operated at nominal distribution voltages.

DIVERSION (ENERGY DIVERSION)
Any activity described in California Penal Code section 498(b), as may be amended from time to time.

DOMESTIC SERVICE
Service for residential use in residential areasat a dwelling premises.

ENERGY CHARGE
That portion of the charge for electric service which varies with the quantity of energy consumed in accordance with applicable rate.

FCA
Fuel cost adjustment factor.

HP
Horsepower.

KW
Kilowatt.

KWH
Kilowatt-hour.

KVAR
KiloVAR, reactive power.

KVARH
KiloVAR-hour.

LINE ETENSIONSEXTENSIONS
All material and equipment required to extend electric service to the consumer’s point of delivery from existing facilities of the Department. This does not include service drops, meters, or the consumer’s service equipment.BEU facilities.

MAILED
Any notice or communication will be considered “mailed” when properly addressed and deposited in any United States Post Office Box, postage prepaid.

MAXIMUM DEMAND
The average kilowatts during the specified time interval when the customer’s use is greatest, as shown by meters installed by the DepartmentBEU. 233
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-23 2025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 5 -
METER
The instrument and related equipment used for measuring the amount of energy, or energy and demand delivered to the consumer. This does not include the instrument board or enclosures. Meters are the property of the DepartmentBEU.

MINIMUM CHARGE
The least amount for which service will be rendered for a billing period.

MULTIPLE FAMILY DWELLING
An apartment building, duplex, court, or any group of residential units upon a single premises, providing the residential units therein meet the requirements of single-family residences. Hotels, tourist camps, motels, trailer parks, consisting primarily of guest rooms will not be classed as Multiple Family Dwellings.

NOMINAL VOLTAGE
The nominal voltage of a circuit is the approximate voltage between conductors in a circuit or system of a given class, assigned for the purpose of convenient designation.

For any special nominal voltage, the operating voltage actually existing at various points and at various time on the system is subject to normal distribution variation.

RKVAH
Reactive kilovolt-ampere-hour.

The voltage value assigned to electric circuit or system to designate its voltage class.

PERMANENT SERVICE
Service which is of a permanent and continuous nature, and not subject to seasonal disconnects or temporary purposes.

PERSON
Any individual, corporation, partnership, public agency, or other organization operating as a single unit.

POINT OF CONNECTION / DELIVERY
The location on the consumer’s premises, determined by BEU, in which connections are made between the consumer’s equipment and the service of BEU.

POWER SERVICE
Service to any apparatus or equipment used for purposes other than lighting such as apparatus transforming electric energy into mechanical motion for manufacturing or pumping. This will include heating and lighting as required in the applicable rate.

PREMISES
234
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-23 2025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 6 -
All real property, buildings, and appurtenances occupied by an owner, lessee, or tenant as a dwelling or a business, commercial or industrial enterprise upon an integral parcel of land undivided by a street, highway or other public thoroughfare.

PULL BOX
An enclosure for joining conductors which also provideprovides by its size, arrangement, and location the necessary facilities for pulling the conductors into laceplace. This term as used here includes structures also known as “manhole”, “hand hole”, and “switch board pull section”.

RATE SCHEDULES
May be one or more rate sheetsrates describing the charges and conditions for a class or type of service, service characteristics and the conditions required for the particular service.

SERVICE CHARGE
That portion of the charge for service conductor or material in excess of free length.

The charge for any services rendered by BEU, including cost of materials.

SERVICE WIRESCONDUCTORS OR CONNECTION
The group of conductors, whether overhead or underground, necessary to connect the service entrance conductors of the customer to the Department’sBEU’s supply line, regardless of the location of the Department’sBEU’s meters or transformers. An overhead service connection,
Overhead Service Connection sometimes referred to as a “service drop”, is the group of conductors between the customer’s building or other permanent support and the Department’sBEU’s adjacent pole.

Underground Service Connection refers to the conductors that supply electrical power from BEU asset (a transformer, switch, manhole, handhole, etc.) to a customer’s building or other permanent support.

SERVICE POINTCONTRACT
The location on the consumer’s premises in which the connections are made between the consumer’s wires and the service of the Department.

A contract that a customer enters with BEU for any services rendered by BEU whether or not it requires the addition, relocation or removal of BEU physical assets.

SINGLE FAMILY DWELLING
A house, apartment or any other residential unit having a kitchen and cooking facilities, and is used by a single family for residential purposepurposes only.

SUPERINTENDENT’S OFFICE
Offices and stores of the City of Banning Electric Department Maintenance and Operation Section, 176 East Lincoln Street, Phone (909) 922-3260. 235
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-23 2025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 7 -

TEMPORARY SERVICE
Service to premises, or enterprise which are temporary in character, and where it is known that the service will be of limited duration not to exceed 18 months unless approved by BEU.

WELDER SERVICE
Service required for and restricted to welders.

X-RAY SERVICE
Service as required for and restricted to X-Ray units
236
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 8 -
ELECTRIC RULE NO. 2 -

DESCRIPTION OF SERVICE
A. GENERAL

1. The character of service at any particular location should be ascertained before construction by inquiry at the electric Utility Superintendent’s officeBEU Corporate Yard Office, 176 East Lincoln Street – Phone (909951) 922-3260.

2. Service supplied will be alternating current at regulated frequency of 60 cycles.

Voltage values stated herein are nominal and in some few instances reasonable variations may occur in actual values, as well atas in other conditions of service stated herein.

3. At the option of the DepartmentBEU, any phase, voltage or demand specifications may be modified because of service conditions at the location involved.

4. Each service shall have a service main disconnecting device with an ampere rating equal to or less than the ampere rating of the terminating pull section or the service conductors. Where there are multiple services, the total ampere rating of all service main disconnecting devices including taps to the terminating pull section shall be equal to or less than the ampere rating of all service conductors.

5. All protection systems and conductor sizing and requirements shall be per NEC, and other applicable authorities recognized by BEU. All applicable codes shall be followed.

B. SINGLE PHASE SERVICEAND VOLTAGE SPECIFICATIONS

1. Standard Nominal Voltages
a. Distribution voltages: 120, 120/240, 120/208, 277/480, 7200/12470 b. All customer-owned utilization equipment must be designed and rated in accordance with utilization voltages specified by the American National Standard C84.1 for customer equipment to perform satisfactorily. c. The utility system is designed and maintained to provide service voltage levels at the customer's main switch as specified by the American National Standard C84.1. BEU has no control over the customer's utilization voltage that results from voltage drop in customer's wiring.
d. While average voltages are maintained as described in Paragraph B.1.a above, it must be recognized that short term voltage excursions (transients) exceeding these levels can occur as the result of normal systems operations (circuit 237
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 9 -
switching, motor start-up, etc.). Equipment containing microprocessors or other sensitive electronic components can be damaged or otherwise rendered inoperative by such transients. It is the customer's responsibility to determine the suitability of the supplied power, and to provide any necessary power conditioning equipment.

2. Single Phase Service
Voltage
Minimum Load
Allowed
Maximum Load
Allowed

1201201 none 1 – 15 amp circuit or
1 – – 20 amp circuit

120/240 noneNone 400 amp main switch
2402401 noneNone 400p400 amp main switch
1 Existing 120 or 240 volt services shall continue receiving service, however, all new single phase services shall be 120/240 V. b.a. Single-phase service is supplied generally at 120 or 240 volts, or higher, through two wires, or at 120/240 volts through three wires. Single-phase loads, when supplied at 120/240 volts must be reasonably balanced as between the two sides of the service with respect to the neutral wire. c.b. Single-phase loads with a service switch capacity of 400 amperes or less at 120/240 volts, normally will be supplied through one main meter. Where such service switch is in excess of 400 amperes, the Department’sBEU’s engineers shall be consulted regarding metering requirements and related facilities, including switches and circuits.

0. When two or more single-phase services are to be totalized for any one customer, the Department may require that his individual service switches all be of the same size and that the load be reasonably balanced as between phases. 238
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 10 -
C. THREE PHASE SERVICE

3. Three Phase Service
Voltage
Minimum Load
Allowed
Maximum Load
Allowed
Maximum
Capacity
Allowed

2402402 10 HP- 500 kVA -

120/208 30 HP- 500 kVA 1500A

277/480 30 HP- 15002500 KVA 3000A
2 Existing 240 V service shall continue receiving service, however, all new three phase services shall be 120/208 or 277/480 volts.

ALL OTHER VOLTAGES – CONSULT THE DEPARTMENTBEU

0. Three-phase service is normally furnished at 240 volts and at 480 volts, or higher, through three wires. However, in certain instances, such service may be furnished through four wires at 120/208 volts, 277/480 volts, or at other such standard voltages where in the opinion of the Department concentrated loads dictate spot transformations and special character and size of such load total warrants. Load or 277/480 volts. The load connected to a three-phase service shall be reasonably balanced as between phases.
c.a. The Department Note: Existing 240 V services shall not be required to supply three-continue receiving service, however all new three phase service in any single family residential districtservices shall be 120/208 or 277/480 volts. d.b. The DepartmentBEU will furnish primary service (at 4,160 volts, 7200/12,000470 volts, or other voltages as may be specified by the DepartmentBEU) only when, in its opinion, the size or special furnishing service on such basis.

DC. MOTOR LOADS

1. Single-phase, 120/240 volt service may be supplied where the total motor load does not exceed 1510 horsepower and the locked rotor current of the largest piece of equipment does not exceed 150220 amperes and a running current of 28 amperes..

2. Motors having a running current greater than 7-1/2 amperes must be connected at not less than 240 volts.
239
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 11 -

3.2. Three-phase 240 volt service generally willshall be supplied for motor installations totaling more than 10 horsepower.

4.3. Three-phase 277/480 volt service may be supplied for motor installations where the aggregate load including other power is 50 hp or more; in general such service will be furnished only in localities zoned for major industries, and the Department. BEU may not be required to continue such service if connected load is reduced to below 50 hp.

5.4. All motors which may cause excessive voltage fluctuation must be equipped with approved corrective apparatus.

ED. MOTOR PROTECTION AND EQUIPMENT
Customer’s motor equipment must conform with the following requirements:

1. Motors that cannot be safely subjected to full rated voltage onupon starting or that drive machinery of such a nature that the machinery itself, or the product it handles will not permit the motor to resume normal speed upon the restoration of normal supply voltage shall be equipped with devices that will disconnect them from the line upon failure of supply voltage and that will prevent the automatic reconnection of the motors upon restoration of normal supply voltage.

2. All motors of 1 hp or larger shall be equipped with thermal relays fuses, or other automatic over currentovercurrent interrupting devices to disconnect completely such motors from the line as a protection against damage due to overheating.

3. Three-phase motors driving equipment such as elevators, hoists, tramways, cranes, cranes, conveyors, or otherany equipment which would create hazard to life in the event of uncontrolled reversal of motor rotations, shall be equipped with reverse phase and open phase protection to disconnect completely the motors from the line in the event of phase reversal or loss of one phase.

4. All motors rated 20at 10 hp or more at 240 volts120/208volts three-phase and motors rated over 50 hp at 277/480 volt three-phase shall be controlled by reduced voltage starters.

5. Motors connected to a three-phase service shall include single-phasing detection and Tripping capabilities in their motor protection scheme.

6. Any machinery (such as wind machines) controlled with automatic reclosing switches must be equipped with suitable time-delay devices, such as hereinafter specified, at the customer's expense, to permit the required adjustment of the time of 240
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 12 -
reclosure after interruption of service. A suitable time-delay device, within the meaning of this rule, is a relay or other type of equipment that can be present to delay with various time intervals the reclosing of the automatic switches (and the consequent starting up of the electric motors on the wind machines) and to stagger the reconnection of the load on BEU's system, and such device must be constructed so as effectively to permit a variable overall time interval of not less than five minutes with adjustable time increments of not greater than ten seconds. The particular setting to be utilized for each separate installation is to be determined by BEU. Any such service may require the installation of a Power Quality Meter.

E. ALLOWABLE MOTOR STARTING CURRENTS

1. The starting current drawn from BEU's lines shall be considered the nameplate locked rotor current or that guaranteed by the manufacturer.

At its option BEU may determine the starting current by test, using a stop ammeter with not more than 15% overswing or an oscillograph, disregarding the value shown for the first 10 cycles subsequent to energizing the motor. If the starting current for a single motor exceeds the value stated in the following tables, reduced voltage starting or other suitable means must be employed, at the customer's expense, to limit the current to the value specified.

241
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 13 -
Table 1
Alternating Current – Single Phase Motors
Rated Size Allowable Locked Rotor Currents
120 240 V
1 hp and less - 36 amperes
1 1/2 hp 48 amperes
2 hp 60 amperes
3 hp 80 amperes
5 hp 120 amperes
7 ½ hp 170 amperes
10 hp 220 amperes
Table 2
Alternating Current – Three Phase Motors
Rated Size Allowable Locked Rotor Currents
208 V 480 V
3 hp 71 amperes 32 amperes
5 hp 102 amperes 46 amperes
7 1/2 hp 140 amperes 63 amperes
10 hp 179 amperes 81 amperes
15 hp 257 amperes 116 amperes
20 hp 321 amperes 145 amperes
25 hp 404 amperes 183 amperes
30 hp 481 amperes 218 amperes
40 hp 641 amperes 290 amperes
50 hp 802 amperes 363 amperes
60 hp 435 amperes
75 hp 535 amperes
100 hp 725 amperes
F. MISCELLANEOUS POWER LOADS / INTERFERENCE WITH SERVICE

1. Power equipment may be added and operated on the regular lightservice meter, provided the starting and stopping or fluctuating load characteristics do not cause objectionable voltage fluctuation in any service rendered by the Department.BEU.

The use of power equipment on lightingservice meters must have the approval of the Department. The DepartmentBEU. BEU may require that any customers whose load is unusually intermittent or subject to violent fluctuations such as in the case of hoists, welders, x-ray equipment, furnaces or motors with high starting current, which may impair the service to other customers shall install at histheir own expense suitable equipment to limit the voltage fluctuations caused by the equipment involved. Failure to comply may result in discontinuation of service. 242
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 14 -

2. Prior to the installation of any new electric arc furnace or design modification of an existing furnace, the customer shall provide basic design information for the installation to aid BEU in determining a method of service and the allowable level of load fluctuations.

3. Any customer who superimposes a current of any frequency upon any part of their electrical system, other than the current supplied by BEU, shall, at their own expense, prevent the transmission of such current beyond their electrical system and get approval from BEU.

ADDED FACILITIES Added facilities are facilities provided by the utilityBEU which are in addition to, or in substitution for, the standard facilities which the utility would normally install. When a customer makes written application for added facilities and the installation of such facilities is under the following conditions:

The customer shall payis responsible for the Departmentcost of the difference in cost between theinstallation and removal of added equipment and the equipment normally supplied. Any increase in installation cost will be added to these charges.

1. In the event that the added facilities are abandoned prior to five years from the date service is first rendered from the added facilities, the customer will pay to the utility the cost of removal.

H. REVENUE INSUFFICIENT TO WARRANT EXPENSE
Whenever the estimated annual revenue, in the opinion of the DepartmentBEU, from a proposed new service, or a proposed increase in load on an existing service, or from a proposed renewal following discontinuance thereof, does not justify the additional investment necessary for local distribution facilities, then the DepartmentBEU may require contributions in whole or in part relative thereto, or may require suitable guarantees which will warrant making expenditure for the service.

I. UNDERGROUND SERVICE MANDATORY
Installation of electrical distribution service facilities for all new, relocated or rebuilt residential, commercial and industrial services shall be underground unless otherwise approved by BEU.

K. WAVE FORM AND POWER FACTOR
243
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 15 -
BEU may require that the wave form and power factor of current drawn by a customer’s equipment of any kind be in conformity with good engineering practice (greater than 90% leading or lagging). The customer shall be responsible for the cost of installation of BEU Power Quality Meter to verify power quality. BEU shall charge power factor correction (kVAR) charge until the issue is corrected.

L. SELF-GENERATION PROGRAM
Applicable to all end-use Eligible Customer-Generators; an Eligible Customer Generator is a residential, commercial, industrial, or agricultural Customer who uses a Renewable Electrical Facility, or a combination of those facilities, that is located on the Customer’s owned, leased, or rented premises, and is interconnected and operates in parallel with BEU’s distribution facilities. The primary intent of such generation is to offset part or all of the Customer’s own electrical requirements on the premises with a capacity of the total demand not exceeding 100% of the customer historical consumption. For a Customer who does not meet the historical consumption requirement, the allowable capacity of self-generation shall be per BEU sizing requirement.

All generation equipment which may cause excessive voltage fluctuation must be equipped with approved corrective apparatus.

All existing customers who wish to participate in self-generation program shall comply with NEC codes to properly size their service panel, buss and feeder conductors when integrating the alternative source to their loads including derating their system where applicable.

Parallel Generation with facilities for generation of electric energy, full time or intermittently, may utilize the energy for their own purpose in accordance with the following:

1. Customers generating equipment must be located on the premises being served by the generation equipment.

2. Customer shall install and maintain automatic disconnect switches and other control equipment as required by BEU.

3. All energy generated in excess of the customer’s requirements on the premises where the generation equipment is located shall be purchased by BEU in accordance with applicable rates.
244
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 16 -
ELECTRIC RULE NO. 3 –

APPLICATION FOR SERVICE
A. APPLICATION DATA
Each applicant for electric service in the City of Banning and contiguous territory, served by the Department may beBEU is required to sign an application on a form provided by the City’s Utility Billing and will be required to furnish the following items before service can be provided. as needed. Mailing address is:

City of Banning Utility Billing
99 East Ramsey Street, PO Box 985, Banning, CA 92220
Phone: (951) 922-3185

1. Name and address of applicant.

2. Name and address of property owner.

3. Applicants DriversDriver License numberNumbers of applicants.

4. Applicants Social Security numberNumbers of applicants.

5. Address of premises to be served.

6. Unit service will be connected.

6. Provide the number of units if applicable.

7. Service use and rate schedule applied.

8. Has premises been served previously or does it require a Complete new service dropquestionnaire with load calculations.

9. Main switch capacity.
109. Information required to establish credit. Rule and Regulation #No.5.

11. Is service single phase or three phase.
1210. Any other reasonable information the DepartmentBEU may require to provide service.

13. 11. Pay connection chargeapplicable fees as required.

This application is merely a request for service and does not in itself bind the DepartmentBEU to serve, except under reasonable conditions, nor does it bind the applicant to take service for a longer period than the minimum requirements of the rate.

B. INDIVIDUAL LIABILITY FOR JOINT SERVICE
Two or more persons who jointly apply for service on one application or contract shall be jointly and severally liable there under and shall be billed by a single bill for each billing period., bill provided to the person designated on the application to receive the bill.

C.Whether or not BEU obtains a joint application for service, all adults who occupy the Premises and receive the benefit of service are responsible jointly and severally for the payment of the bills for utility services used, unless BEU, in writing, acknowledges that one or more of the adult occupants is not responsible. Those receiving benefit of service 245
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 17 -
at the Premises may include the Applicant, i.e. the Customer of record, and/or a number of other adults, such as in the case with multiple roommates. When the Applicant, i.e., the Customer of record vacates the Premises, the remaining adults, who benefited from the utility services, can be held liable for the utility billings incurred during the period they resided at the Premises. BEU may deny or discontinue service for nonpayment of a delinquent bill when BEU determines that the Applicant or one or more of the adults, or roommates continue to occupy the Premises. In addition, BEU may deny or discontinue service to an Applicant at a new address, if a delinquent utility billing remains unpaid from a prior service address, in which BEU has determined that the Applicant was a roommate.

C. CHANGE IN CUSTOMER’S EQUIPMENT OR OPERATIONS
A customer who is planning changes in the number, size or type of utilization of equipment, or of operation changes which will change the demand on the service equipment, shall notify the DepartmentBEU in advance as to the nature of the change and to the extent of the change. Applicants shall submit load change by completing BEU Service Questionnaire (NSQ).

D. INSPECTION
Before service may be connected to a new building, or to existing service equipment which may have been altered or modified, a complete and approved inspection must be made by the authorities having jurisdiction, and a copy of or approval submitted to the Department by the Building Department.

E.E. CUSTOMER PAYMENT RESPONSIBILITIES
No new service will be extended to a premises until all previous delinquencies on that premises have been paid.

F. No service will be extended to a customer at a new location until all bills at a prior address have been paid in full.

F. CONNECTION PERIOD
Electric service will be connected on the firstwithin two working daydays after completion of Rule and Regulation #3, #4, #5, and #6.an account has been established.

NoAny connections or reconnections will be made on weekends, holidays, or after hours shall be charged additional fees.
246
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 18 -
ELECTRIC RULE NO. 4 –

CONTRACTS
A. WHEN SERVICE CONTRACTS ARE REQUIRED
A. A contract or agreement to take and pay for service will not bbe required as a condition precedent to service except:

1. When required by a provision in the tariff schedule.

2. When it is necessary to install a line extension, in which case a contract for a period of five years may be required.

3. When it is necessary for the DepartmentBEU to make major expenditures to increase the capacity of the existing service equipment, in which case a contract for three years may be required..

4. When the Department is requested to install protective dawn to dusk lights.

B. WHEN FACILITIES CONTRACTS ARE REQUIRED
B. A contract or agreement to pay for use, installation, or removal of facilities will be required:

1. When the provisions of the tariff schedule so specify, in which case the term of the contract will be governed.

2. Where an applicant or customer desires new or increased distribution facilities for temporary service, in which case the DepartmentBEU may require a cash payment in advance or otherwise for the estimated installed cost plus the estimated cost of removal, less the estimated salvage cost of the facilities necessary for providing service in accordance with Rule & Regulation #No. 12 (Temporary Service).

3. Where any person, customer, or otherwise desires the DepartmentBEU to modify, rearrange, relocate, or remove any of its facilities, the Department if itBEU agrees to make such changes, may require the person or party making the request for the changes to be made, to agree to pay the DepartmentBEU in advance or otherwise, the cost to the DepartmentBEU to make the changes.
247
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 19 -
ELECTRIC RULE NO. 5 -

ESTABLISHMENT AND RE-ESTABLISHMENT OF CREDIT
Each applicant for electric service, either domestic or commercial, shall be required to make a cash deposit in accordance with Rule and Regulation #No. 6 andor establish credit by one or more of the following.

A. ESTABLISHMENT OF CREDIT – DOMESTIC SERVICE

1. If applicant is in possession of, or is acquiring, a deed to the property to be served.

2. If applicant has been a city utility customer for one year or more within the past two years with an acceptable payment record, with billing amount of previous utility service equal to 50 percent or more of the estimated billing amount for the new service.

33. The previous electric service was not disconnected by BEU during the last twelve (12) months due to non-payment or Diversion (as defined below).

Diversion: If an applicant has committed any form of Diversion (as defined below), BEU may require a deposit, and this deposit shall be referred to herein as the Diversion Deposit. For this rule and Rule No. 6, Diversion shall mean any activity described in California Penal Code section 498(b), as may be amended from time to time. This security shall be in the form of cash, certificate of deposit, or acceptable form of payment, and the amount of this security shall equal that amount prescribed in Rule No. 6. The Diversion Deposit is a deposit, which is separate from the Service deposit.

4. If applicant has two years or more of recent stable employment with one company, plus two acceptable answers to the following credit validation questions:
(a) Checking account.
(b) Credit cards or charge accounts.
(c) Phone number.

5. Any other forms that the City deems acceptable for creditworthiness.

B. ESTABLISHMENT OF CREDIT – OTHER THAN DOMESTIC SERVICE

1. If an applicant (other than a corporation) is in possession of, or is acquiring, a deed to the property to be served.

2. If applicant has been a utility customer for a similar type of service for one year or more within the past two years with an acceptable payment record, provided that the periodic bill for such service was equal to at least 50 percent of that estimated for the 248
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 20 -
new service, and provided further that the credit of the applicant is unimpaired in the opinion of the City.

3. If an applicant furnishes a guarantee, satisfactory to the City to secure payment of bills for service.

4. If applicant provides a surety bond or a Certificate of Deposit in lieu of cash deposit as prescribed in the rule relating to depositsRule No. 6.

5. Provide doublea cash deposit. at least twice the estimated average monthly bill but not less than the deposit stated in Rule No. 6
C. RE-ESTABLISHMENT OF CREDIT – ALL CLASSES OF SERVICE

1. An applicant who previously has been a customer of the City and whose service has been discontinued by the City during the past twelve months of that prior service because of non-payment of bills, will be required to re-establish credit by depositing the amount prescribed in the section covering depositsRule No. 6, and by paying bills regularly due, except, an applicant for domestic service will not be denied service for failure to pay such bills for other classes of service.

2. Any customer who has had service disconnected for non-payment and has had histheir deposit returned previously will be required to pay all due bills, re-establish credit and make a deposit as required by Rule and Regulation #No. 6.

3. Any customer who hadhas had service discontinued at histheir request and desires service after a six (6) month period must make a deposit as required in Rule and Regulation #No. 6 and re-establish credit.
249
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 21 -
ELECTRIC RULE NO. 6 -

DEPOSITS
A. DEPOSIT REQUIRED

1. The amount of deposit required to establish or re-establish credit is twice the estimated average monthly bill, but in no case less than $20.00150.00.

For Diversion Deposits, the deposit shall be twice the amount of the estimated loss to BEU resulting from the Diversion, but in no case shall the amount be less than $250.

2. If at any time the City of Banning Utility Billing determines the lack of a deposit or that the amount of an existing deposit no longer equals the amount of deposit required, it may require the Customer to provide a deposit or an increase in the amount of the existing deposit. A reevaluation of the deposit amount will be triggered when a customer has more than one occurrence of late payment, returned items (including, but not limited to, bad checks and reversed credit card charges), or Diversion.

B. RETURN OF DEPOSIT

1. Upon discontinuance of service, the City shall refund the customer’s deposit or the balance in excess of the unpaid bills for service.

2. After the customer has paid bills for service for twelve (12) consecutive months without having had more than one notice mailed on an overdue bill, the City will refund the deposit or credit towards future utility bills.

3. BEU will only make refunds of deposits to those Customers appearing on BEU account. There shall be no interest paid on deposits.
250
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 22 -
ELECTRIC RULE NO. 7 -

NOTICES
A. NOTICES TO CUSTOMERS
When notices from the DepartmentBEU to a customer are required, they will be given in writing, either mailedsent to the customer address as given in a consumer’s application for service, or deliveredother address as may be given by the consumer to him; except thatBEU to which any bill, notice or other communication is to be mailed, email, text, and or other applicable medium. Except in emergencies, the DepartmentBEU may give oral notices.

B. NOTICES FROM THE CUSTOMERS TO THE DEPARTMENTBEU
Notices from the customers to the DepartmentBEU may be given by written communication mailed to the DepartmentBEU Office or may be given orally by the customer or histheir authorized agent at the DepartmentBEU Office, except when written notice is specified in tariff schedules.

BEU Corporate Yard Office
176 East Lincoln Street, Banning CA, 92220
Phone: (951) 922-3260
For billing questions/concerns:

City of Banning Utility Billing
99 East Ramsey Street, Banning, CA 92220
Tel.: (951) 922-3185
Email: [email protected]
251
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 23 -
ELECTRIC RULE NO. 8 -

RENDERING AND PAYMENT OF BILLS
(Resolution 1986-42)
A. METER READINGS

1. Meters shall be read as nearly as possible at regular intervals. Such regular meter readings normally shall be monthly or bi-monthly but may be at other intervals as established at the discretion of the DepartmentBEU.

2. If for any of the following reasons the meter can notcannot be read, the KWH consumption will be estimated.
a. Un-meteredUnmetered service.
b. Meter is inaccessible or can notcannot be read.
c. Meter fails to register correctly.

B. ESTIMATED KWH CONSUPTION
Whenever the DepartmentBEU is unable to obtain meter readings, the KWH consumption will be estimated by the DepartmentBEU as follows.:

1. Previous consumption by metered service to the premises; or

2. The average consumption for the corresponding billing periods during which the meter is known to have registered correctly; or

3. The consumption as registered by a substitute meter; or

4. By giving consideration to the nature of use, volume of business, seasonal demand, any other factors that may assist in determining such consumption.

C. BI-MONTHLY BILLING
When meters are read bi-monthly for the convenience of the DepartmentBEU the charge for service rendered in each two-month period shall be computed bydoublingby doubling the customers service charge and by doubling the monthly quantities in each rate block and applying the rate thereto.

D. PROBATIONPRORATION OF BILLS
Rate schedules stated on a monthly basis are related to a thirty-day consumption interval as a standard month. Whenever actual meter read intervals differ from a standard thirtyday period, bills related thereto computed from monthly schedules are subject to priorationproration on a thirty-day basis. In computing and rendering regular bills, minor 252
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 24 -
variances between actual read intervals and any established regular read interval need not be considered, in accordance with the following:

1. Where bills are regularly rendered monthly, computation from monthly rate schedules may be made directly, whenever actual read intervals do not vary by more than five (5) days (greater or lesser) from the standard thirty-day interval.

2. On opening accounts, the Department may omit the initial billing when such billing period is less that five (5) days on monthly accounts and less than ten (10) days on bi-monthly accounts.

E. READINGS OF SEPARATE METERS NOT COMBINED
For the purpose of computing charges, each meter upon the consumer’s premises shall be considered separately, and readings of two or more meters shall not be combined as equivalent to measurement through one meter, except as may be authorized by the DepartmentBEU.

F. TIME AND MANNER OF PAYING BILLS
Bills are due and payable on presentation and become delinquent fifteen (15twenty (20) days after mailing. After a bill is delinquent, the DepartmentBEU may discontinue electric service and turn off the electricity after giving appropriate written notice. in accordance with Rule No. 9. Charges for connection or reconnection of service, payments for deposits or to reinstate deposits, and the entire delinquent bill shall be paid in full before service shall be connected or reconnected. 253
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 25 -
ELECTRIC RULE NO. 9 - G. ENERGY BILL ASSISTANCE

1. BEU offers Low Income Assistance Program for qualified Customers that grants discount in their utility bill. Customers need to apply for this program by completing City of Banning Low Income Assistance Application. Contact information to request application forms is:

City of Banning Electric Utility, Public Benefits
176 E. Lincoln St, Banning, CA 92220
Tel.: (951) 922-3260
Email: [email protected]

2. BEU offers eligible Customers discount through the City of Banning Medical Discount Application for electrically operated life-support devices and for medically required additional cooling and/or heating. Customers can apply for this assistance by completing the Medical Discount Application. Contact information to request application forms is:

City of Banning Electric Utility, Public Benefits
176 E. Lincoln St, Banning, CA 92220
Tel.: (951) 922-3260
Email: [email protected]
G. LEVEL PAYMENT
The City Banning Utility Billing offers certain eligible Customers participation in a level pay program which allows an eligible Customer to have level payments over a twelvemonth period (“Level Pay”). Customers must meet the City of Banning Level Pay Plan Program Terms and Conditions to qualify. Contact information to request application forms is:

City of Banning Level Pay Plan Program
99 East Ramsey Street, Banning, CA 92220
Tel.: (951) 922-3185
Email: [email protected]
H. RETURN PAYMENT

The City of Banning Utility Billing will assess a return item charge for any form of payment that is returned from the bank for any reason. If the returned item was returned for payment on a prior 48-hour notice of disconnection, service may be terminated without further notice.

I. PENALTY FOR NONPAYMENT OF BILL
254
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 26 -
The City of Banning Utility Billing will assess a basic penalty for nonpayment of a bill in the amount of $18 per delinquent bill. BEU may discontinue service if a customer has more than two (2) delinquent bills in a 12 month period. 255
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 27 -
ELECTRIC RULE NO. 9

DISCONTINUANCE AND RESTORATION OF SERVICE
A. PAST DUE BILLS
Bills rendered will be considered past due if not paid within 1520 days after date of presentation.

B. NONPAYMENT OF BILLS

1. 1. If City of Banning Utility Billing has not received payment by the due date, first past due notice shall be provided to the Customer. If City of Banning Utility Billing has not received payment by the due date of the first past due notice, a final past due and discontinuance of service notice shall be provided to the Customer in the ways noted in Rules No. 7. When a bill for utility service has become past due and a discontinuance of service notice for nonpayment has been issued, service will be discontinued if the bill is not paid within the time required by such notice. Customer deposit to establish credit will not be used as payment to avoid discontinuance of service.

2. A customer’s service may be discontinued for nonpayment of a bill for service previously rendered himthem at any location served by the DepartmentBEU provided such bill is not paid within 5 days after presentation of a notice that present service will be discontinued for nonpayment of bills for other classes of service.

3. If a customer is receiving more than one service, any or all services may be discontinued when any service, regardless of location, is discontinued for nonpayment. However, domestic service will not be discontinued because of nonpayment of bills for other classes of service.

C. UNSAFE EQUIPMENT
The DepartmentBEU may refuse or discontinue service to a customer if any part of histheir wiring or other equipment, or the use thereof, shall be determined by the DepartmentBEU, to be unsafe or in violation of applicable laws, ordinances, rules or regulations of public authorities, or if any condition existing upon the customer’s premises shall be thus determined to endanger the Department’sBEU’s service facilities, until it shall have been put in a safe condition or the violation remedied.

The DepartmentBEU does not assume any responsibility offor inspecting or repairing thea customer’s behind the meter wiring or other equipment or any part thereof and assumes no liability, therefore.

256
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 28 -
D. SERVICE DETRIMENTAL TO OTHER CUSTOMERS
The DepartmentBEU will not provide service to utilizing equipment, the operation of which will be detrimental to the service of the DepartmentBEU or its other customers, and will discontinue electric service to any customer who shall continue to operate such equipment after having been given notice by the DepartmentBEU to cease so doing.

E. FRAUD
The DepartmentBEU may refuse or discontinue service if the acts of the customer or the conditions upon their his premises are such as to indicate to it any intent to defraud the DepartmentBEU.

F. FAILURE TO ESTABLISH OR RE-ESTABLISH CREDIT
If, for an applicant’s convenience, the DepartmentBEU should provide service before credit is established or should continue service to a customer when credit has not been reestablished in accordance with Rule No. 5, and they fail to establish or re-establish their credit, the customer fails to make a cash deposit, BEU may discontinue service.

G. NONCOMPLIANCE
Except as otherwise specifically provided in this Rule No. 9 the Department9, BEU may discontinue service to a customer for non-compliance with tariff schedules if, after written notice of at least 5 days, hethe customer has not complied with the notice. The DepartmentBEU may dispense with the giving of such notice in the event there exists in the DepartmentBEU opinion a dangerous or unsafe condition, thus rendering the immediate discontinuance of service to the premises imperative.

H. CUSTOMER’S REQUEST FOR SERVICE DISCONTINUANCE
When a customer desires to terminate histheir responsibility for service, hethey shall give the DepartmentBEU not less than two daysdays’ signed notice, either in person or by mail, of histheir intentions and state the date on which he wishesthey wish the termination to become effective. A customer will be held responsible for all serviceservices furnished at the premises until two days after receipt of such notice by the DepartmentBEU or until the date of termination specified in the notice, which everwhichever date is later.

I. RESTORATION OF SERVICE RECONNECTION CHARGE

1. The DepartmentBEU will require a re-connection charge of $5.00based on the cost associated with the work including labor and resources for each service 257
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 29 -
disconnected, before restoring service that has been discontinued for any reason as required by Rules and Regulation No. 9.Rule No. 9. Additional charges may apply for same day service.

2. In the event theof unauthorized service is turned onreconnection after it has been disconnected, the DepartmentBEU may disconnect the service on the pole or remove it’sits service equipment. In order for the service to be re-connected, the customer mustmay be required to comply with the following:
a. Re-establish credit.
b. Make a deposit equal to three times the average monthly bill of the customer, which in no case shall be less than twice the required minimum deposit. c. Pay charges for labor, material and equipment required to restore service. d. Pay all delinquent bills.

3. Reconnection of service shut off for non-compliance with this RuleBEU Rules and RegulationRegulations shall be in accordance with Rule and Regulation No. 3 – G3.
258
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 30 -
ELECTRIC RULE NO. 10

ADJUSTMENT OF CUSTOMER BILLING
(Resolution 2019-54)
The Banning Electric Utility ("Utility") intends to provide timely and accurate billing. As a publicly owned and operated not-for-profit retail electrical energy distribution provider, the Utility is a customer centric organization. Occasionally, customers or the Utility may question billing accuracy. This rule and regulation document specifies the process for resolving erroneous billing and billing adjustments.

A. GENERAL

1. The customer or the Utility may cause an electric bill to be reviewed for timeliness, accuracy, applicable tariff and utility charges, or electric service characteristics. The Utility monitors correctness through quality control practices. Customers may question bill correctness by phone, in-person, or in writing within ten (10) days of the bill date.

Utility billing staff are responsible for addressing the review and responding to customer inquiries within ten (10) business days. Billing staff will keep the customer apprised of the review status in the event that in-field inspection, equipment testing or replacement, or ongoing system monitoring necessitate an extension of the review period.

2. The customer is invited to review their electrical energy bills in detail and ask as many questions necessary to understand the utility charges and service(s) being provided by the Utility. However, a customer asking for a review of the billing and a potential billing adjustment does not guarantee that an adjustment will be made. A customer may dispute a utility charge on a bill but is expected to pay all portions of their bill not in dispute.

Further, in the case of meter accuracy concerns, the customer will be granted one (1) free meter test at the discretion of the Utility Billing Manager. A meter test fee, determined by the Utility, shall be charged for repeated meter test requests. The customer or his their representative are encouraged to witness meter test. Test result within 2% of accuracy is acceptable and does not need replacement of a meter.

3. Utility charges are made up of a variety of billing determinates including, but not limited to: number of days, kWh, kW, kVA, kVAr, service charge, meter charge, public benefit charge, street or security light charges, and discounts (low-income, medical, economic development). The quantities, the prices, or the arithmetical calculations may be in question. Also, electrical service characteristics (i.e. service voltages) may change, or other rate options may occur causing reclassification to be made affecting the billing outcomes.

4. As a result of the review, bills may be recalculated, corrected, modified, or adjusted. The Utility shall provide actual quantities as the basis for adjusting bills where possible. Other 259
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 31 -
factors such as historical consumption trends, engineering load estimates, or published electrical consumption norms may be used as the basis for adjusting the billing determinates and recalculating a bill for adjustment consideration. The Utility retains the right to establish the quantities and prices used for the billing determinates for adjustment consideration.

B. ADJUSTMENTS

1. Undercharges: Where the Utility undercharges a customer for electrical energy services, the Utility may render an adjustment for the amount of the undercharge. The lookback period for residential undercharges is three (3) months and for all other classes of revenue the undercharges cannot exceed the term of the fiscal period or one (1) year whichever the lesser. Adjustments and payment arrangements for any undercharges may be considered at the discretion of the Utility Billing Manager.

2. Overcharges: Where the Utility overcharges a customer for electrical energy services, the Utility shall issue a refund or credit to the customer for the amount of the overcharge.

The lookback period for all classes of revenue is three (3) years, unless the Electric Utility Deputy Director determines circumstances to warrant a longer lookback period, but not to exceed five (5) years.

3. Appeals: A customer may appeal any decisions of the Utility Billing Manager by phone, in-person, or in writing to the Electric Utility Deputy Director, within 10 business days of the rendered decision. The Electric Utility Deputy Director may defer any appeal to the office of the City Manager or City Council for consultation or final disposition.

C. ADJUSTMENT EXCLUSIONS

1. The point of demarcation at which problems in billing can be resolved by adjustment in utility bills is the Utility's electrical metering device. After the metering device, on the customer's side, a billing adjustment is not warranted due to any improper customer wiring, blown fuses, an un-energized conductor, inaccessible meter, failure of the customer to notify the Utility of changes in the customer's equipment or operation, failure of the customer to take advantage of a rate or condition of service for which the customer is eligible, or failure to issue a bill due to a natural disaster such as fire, earthquake, flood, or severe thunderstorm.

D. UNAUTHORIZED OR UNSAFE USE

1. Adjustments for overcharges shall not be granted if the Utility determines there has been unauthorized use in the use of energy for noncompliance with the Utility's tariffs or applicable law. Disallowance of adjustment shall occur for such actions, but is not limited 260
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 32 -
to, meter tampering, power theft, unauthorized connection or reconnection, fraud, or intentional or unintentional use of energy whereby the Utility is denied full compensation for electric service provided.

2. Where the Utility determines that there has been unauthorized use of electric service, the Utility may bill the customer for the estimate of such unauthorized use. However, such estimated bill shall indicate unauthorized use for the most recent three (3) years and, separately, unauthorized use beyond the three (3) year period for collection as provided by law. Nothing in this Rule shall be interpreted as limiting the Utility's rights under any provisions of any applicable law.

3. The Utility may recover from the customer the associate costs resulting from the unauthorized use including both investigative and equipment damage costs. Investigative costs include time and material spent for investigation, bookkeeping, and costs of gathering evidence. Equipment damage costs include the cost to replace the Utilityowned equipment damaged by the customer.

4. Where the Util ity determines unauthorized use is occurring, the Utility may refuse or discontinue service without further notice. The Utility may provide written or telephonic notice prior to discontinuation of service when the Utility determines circumstances allow for such notice.

5. If any part of the customer's wiring or any other equipment, or the use thereof, is determined by the Utility or any other authorized agency to be unsafe or in violation of applicable laws, ordinances, rules or regulation of public authorities, or is in such condition as to endanger the Utility's service facilities, the Utility may discontinue service without further notice. The Utility may provide written or telephonic notice prior to discontinuation of service when the Utility determines circumstances allow for such notice. The Utility does not assume any responsibility for inspecting or repairing the customer's wiring or other equipment or any part thereof and assumes no liability therefor. The Utility will not provide service to any equipment, the operation of which will be detrimental to the service of the Utility or its other customers, and will discontinue electric service to any Customer who continues to operate such equipment after having been given written or telephonic notice by the Utility to cease doing so.

6. The Utility may also discontinue service in accordance with the provisions of its tariffs and applicable laws, for nonpayment of a delinquent billing for unauthorized use and for associated costs, including nonpayment under a payment agreement. In any case, the Utility will use the appropriate notifications to the customer typical of the situation.

E. LIMITATION ON ADJUSTMENTS
261
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 33 -

1. For any adjustment in billing not defined or considered in this rule, the Utility is not required to adjust the bill. However, any billing adjustment not specifically covered in the tariffs for an undercharge or overcharge shall not exceed three (3) years.

1.2.The collection limitation provisions of this Rule shall not apply to situations where it is determined that diversion is involved. In cases of diversion, the City shall have the legal right to recover, from any Customer, who caused or benefited from such diversion or other unauthorized use the total estimated amount of the undercharge, including the direct access energy supply component and all associated costs incurred during the investigation of the diversion, for the full period of the investigation and the diversion or other unauthorized use.

F. REPORTING

1. All billing adjustments greater than $5,000 or three (3) years will be reported to City Council.

ELECTRIC RULE NO. 10 - DISPUTED OR ERRONEOUS BILLS
A. GENERAL

1. Whenever the correctness of any bill for electric service is questioned, the Department shall cause an investigation to be made.

2. In cases where there are inaccuracies of recording of kilowatt-hours, or bills reflecting clerical or meter errors, or in disputed cases where electric consumption, dates, or other provisions are subject to exact determination, proper adjustments in the billing shall be authorized by the Electric Utilities Superintendent or his authorized agent.

3. In cases where electric consumption, dates, or other factors required for application of rate schedules or other provisions are not subject to exact determination or are in question, or in disputed cases relative to service or rate applications, the Department shall establish such factors by tests, analysis, and investigations to determine the proper basis for making and adjustment, if any.

Proper adjustments in the billing shall then be authorized by the electric utility Superintendent or his authorized agent. The customer may appeal all adjustments to the City Council.

4. In all cases above, the following limitations shall apply:
a. Overcharges shall not be recomputed and credited by any account for a period in excess of one year prior to the discovery of an error, or the date the bill was questioned, whichever occurs earlier.
262
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 34 -
b. Undercharges shall not be recomputed and billed to domestic accounts for a period in excess of four months prior to the discovery of an error. c. Undercharges shall not be recomputed and billed to non-domestic accounts for a period in excess of one year prior to the discovery of an error.

B. METER TESTS
Whenever the accuracy of an electric meter is questioned, the consumer may demand that the meter be examined and tested by the Department. Such demand shall be accompanied by a deposit of $5.00. Upon receipt of such demand and deposit, the Department shall cause the meter to be examined and tested. Consumers are encouraged to witness such tests, or to have their representatives present at such tests.

If the meter is found to register over 2% more than actually passes through it under conditions of normal operation, another meter shall be substituted therefore, and the deposit of $5.00 shall be refunded. If the meter is found to register not over 2%, the $5.00 shall be retained by the Department as partial compensation for the examination and test. The deposit shall be refunded if the consumer of his witnesses the tests.

C. ADJUSTMENT OF BILLS FOR METER ERROR

1. Fast Meters:

When a meter is found to be more than 2% fast, the Department shall refund to he customer the overcharge based on the corrected meter readings for the period in which the meter was in use, not exceeding six months, unless it can be shown that an error was due to some cause, the date of which can be fixed. In this case, the overcharge shall be computed back to such time, not exceeding three years however.

2. Slow Meters:

When a meter is found to register more than 2% slow, the Department may render a bill for electricity consumed but not covered by bills previously rendered for a period of four months.

3. Non-Registering Meters:

If a meter fails to register during any period, the consumer shall be charged with an average consumption as shown by the meter when in use and registering correctly during a corresponding season, and adjusted as necessary after consultation with the consumer, provided that such undercharges shall not be computed for a period exceeding four months.

4. The collection limitation provisions of this Rule shall not apply to situations where it is determined that diversion is involved. In cases of diversion, the City shall have the legal right to recover, from any Customer, who caused or benefited from such diversion or other unauthorized use the total estimated amount of the 263
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 35 -
undercharge, including the direct access energy supply component and all associated costs incurred during the investigation of the diversion, for the full period of the investigation and the diversion or other unauthorized use.

264
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 36 -
D. DISPUTE RESOLUTION PROCESS
Customers who believe their utility bill is in error must first contact Utility Billing of the City of Banning, within ten (10) business days after receiving the bill. Contact information to request a dispute is:

City of Banning Utility Billing
99 East Ramsey Street, Banning, CA 92220
PO Box: 985
Tel.: (951) 922-3185
Email: [email protected]
If, after receiving the explanation from Utility Billing Manager, the Customer still believe they have been billed incorrectly, the Customer has ten (10) business days to send their entire remittance (payable to the City of Banning) with the bill and a written statement setting forth the reasons why they believe the bill is not correct to BEU Deputy Director to avoid discontinuance of service. Upon timely receipt of the written statement, the BEU Deputy Director will review the basis of the billed amount and communicate the results of the review and decision to the Customer. If the matter is not satisfactorily resolved with the BEU Deputy Director, the Customer can escalate their dispute to the City Manager or appeal to The City Council. In the absence of a timely filed appeal, the decision of BEU Deputy Deputy Director will be final. All service disconnections are subject to applicable sate and local laws and regulations.

265
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 37 -
ELECTRIC RULE NO. 11 -

RATES AND OPTIONAL RATES
A. EFFECTIVE RATES
The rates to be charged by and paid to the DepartmentBEU for electric service will be the rates legally adopted by Ordinance Resolution of the City Council of Banning, California.

A complete copy of the tariff schedules will be maintained for public inspection at the Electric Department, CommercialBEU, Corporate Office.

B. OPTIONAL RATES
Where two or more rate schedules, rates, or optional provisions applicable to the class of service requested by the applicant, the Department or it’s authorized employees will call the applicant’s attention, at the time application is made, to the several schedules, and the applicant must designate which rate schedule, rate or option he desires.

When a customer notifies the Department of any material change in the size, character or extent of his utilizing equipment or operation in accordance with Rule #3-C, the Department will, within reasonable time, advise the customer of the resulting rate options. In absence of the notification provided for in rule #3-C, the Department assumes no responsibility or advising the customer of possible lower optional rates available as result of the customer’s change in equipment.

C. NEW OR REVISED RATES
Should new or revised rates be established after the time application is made, the DepartmentBEU will, within a reasonable time, use such means as practical to bring them to the attention of the customers who may be affected by them.

D. CHANGE OF RATE SCHEDULE.

1. A change to another applicable rate schedule, rate, or optional provision will be made only where the customer elects to make such change, or when the DepartmentBEU makes the change due to incorrect rate assignment.

2. Should a customer so elect, the changesChanges will be made if:
a. A change has not been made in the previous 12 month at the customer’s request. ba. The change is made to or from a new or revised rate schedule. cb. There has been a change in the customer’s operating conditions for that service which, in the opinion of the DepartmentBEU, justifies the change. dc. The customer has made the request in writing., by submitting to BEU a new NSQ. 266
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 38 -
ELECTRIC RULE NO. 12 -

TEMPORARY SERVICE
A. DEFINITIONS
Temporary electric serviceEvent Service as herein considered refers to electricity for fairs, circuses, bazaars, temporary restaurants such as food trucks, and other establishments not of a permanent nature and.

Temporary Construction Service refers to electricity supplied for construction purposes. sites for a duration no longer than 18 months unless a valid construction permit allows it.

Temporary electric service also refers to a service connection which is subject to removal or relocation in the future. This rule shall apply to temporary and permanent installations alike if the electricity use is temporary.

BEU shall furnish temporary service at a service point location determined by BEU.

B. USES AND APPLICATIONS
The DepartmentBEU shall, if in its opinion the furnishing of such service will not workcause an undue hardship upon it or it’s theits existing consumers, furnish temporary service under the following conditions:

1. Except as otherwise specifically provided in the following paragraph 2 and 3paragraphs, charges shall be made in advance to cover the estimated or actual net cost of installation and removal of facilities necessary to furnish the temporary service.

2. Where service is to be supplied either overhead or underground and the main switch or breaker of the temporary service equipment does not exceed 100200 amperes and the demand of the load does not exceed 10 kw and can be supplied from existing facilities except for installation of a single span of overhead service conductors, a. An estimated charge shall be made for 120/240 volts, 3-wire, single phase service.

4.2.Where service is to be supplied underground and the main switch or breaker of the temporary service equipment does not exceed 100 amperes and the demand of the load does not exceed 10 kw and can be supplied from existing facilities except for the connection at permanent pull box (or equivalent terminating enclosure) of underground service supply conductors installed for permanent loads, a estimated charge per NSQ. Any exception shall be made for 120/240 volts single phase service.determined by BEU.

5.3.Each applicant for temporary service shall be required to pay the DepartmentBEU in advance the estimated cost for installing and removing the service and to make the 267
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 39 -
required deposit for service as required by Rules and Regulations No. 6, or otherwise to secure in a manner satisfactory to the DepartmentBEU, the payment or any bills which may accureaccrue by reason of such service so furnished or supplied.

6.4.Nothing in this rule shall be construed as limiting or in any way affecting the right of the DepartmentBEU to collect from the consumer any other or additional sum of money which may become due and payable to the DepartmentBEU from the consumer by reason of the temporary service furnished or to be furnished hereunder.

5. The Temporary Construction Service shall remain in effect for as long as a valid construction permit allows. Notwithstanding the foregoing, BEU may immediately discontinue Temporary Service to the Customer if the Customer fails to comply with the Rates, Rules and Regulations or applicable law, codes, guidelines, and standards; uses the Temporary Service for other than the intended purpose; or connects a power source without BEU’s prior written approval.

6. BEU facilities that are frequently used for Event Services by the city or other customers can be maintained in place for future use at BEU discretion. 268
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 40 -
ELECTRIC RULE NO. 13 -

SHORTAGE OF SUPPLY AND INTERRUPTION OF DELIVERY
A. INTERRUPTION OF DELIVERY
The Department

1. BEU shall exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of electric energy to all consumers and to avoid any shortage or interruption of service. However, BEU does not guarantee delivery and shall not be liable for interruptions or insufficiency of supply, or any loss or damage occasioned thereby.

2. BEU will not be liable regardless of its acts or omissions for (a) variations in the quality of electricity supplied or any damage or loss resulting therefrom; (b) the failure to supply a continuous or sufficient supply of electricity or any damage or loss resulting therefrom; or (c) damage or loss caused by shortages, interruptions, spikes, surges, situations that affect the regional or local electric utility grid, or other electricity delivery problems.

3. If the operations, repairs, or improvements of BEU’s electrical facilities, a contingency or an emergency result in interruption in the delivery of electricity to Customers, BEU may provide notice of such interruption when such notice is reasonably possible. If the Customer experiences three or more sustained outages within a twelve (12) month timeframe, BEU will prioritize the investigation into Customer’s electric service.

B. TEMPORARY SUSPENSION OF SERVICE
The DepartmentBEU reserves the right to suspend temporarily the delivery of electric energy whenever it may be necessary for the purpose of making repairs or, improvements to its system., or public safety purposes. The making of such repairs or improvements will be prosecutedcarried out as rapidly as is feasible and, whenever possible, at such times as shall cause the least inconvenience to the consumers. In all cases of such interruptions of service, the DepartmentBEU shall make a reasonable attempt to give advance notice to the consumers who may be affected.

C. SHORTAGE OF SUPPLY
In the event of any actual or threatened shortage of electric energy and during the period of such shortage, the DepartmentBEU shall apportion the available supply of electricity among its consumers in the most equitable manner possible to continue service fairly and without discrimination, except that preference shall be given to such service as is essential to the public interest and to the preservation of life and health. 269
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 41 -
ELECTRIC RULE NO. 14 - ELECTRIC DISTRIBUTION LINE EXTENSIONS14

ELECTRIC DISTRIBUTION LINE EXTENSIONS
(Resolutions 1977-64, 1979-32, 1981-66, 1984-27, 1989-39) APPLICABILITY:

A. GENERAL
Extensions of distribution lines of standard voltages (12 kV or less) necessary to furnish permanent electric service to applicants will be made by the DepartmentBEU in accordance with the following provisions.

The Department will construct, own, operate and maintain lines only along public streets, roads and highways which the Department has the legal right BEU shall not be required to occupy, and on public lands and private property across which rights-of-way satisfactory to the Department may be obtained without cost or condemnation by the Department.

1. CIRCUIT LENGTH
The length of the line extension to be used in computing the contribution by an applicant shall be measured along the shortest practical route of the line to be built as determined by the Department.

The extension must beserve any Applicant from, a continuation of, or an addition to an existing Department distribution line Distribution Line Extension facilities that are not owned, operated, or maintained by BEU. BEU shall not be obligated to provide services and facilities in excess of the Applicant’s load demand requirements.

Line extensions shall be underground. New feeder and distribution lines in existing overhead areas shall be installed underground. However, BEU shall have the discretion to place infrastructure on an existing pole line if necessary.

2. PRIMARY LINES
Primary line extension are considered the high voltage circuits from the point of origin to the distribution transformers.

SECONDARY LATERALS
Secondary Laterals are considered the low voltage lines from the transformer to the service box on or adjacent to the customers property or to a group meter location.

SERVICES
270
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 42 -
Service lines are considered to be the lines between the service laterals and the service attachment or meter on the customers premises.

3. CONTRACTS
The Department
A. GENERAL

1. DISTRIBUTION LINE EXTENTION BASIS
a. BEU will make extensions of it’sits lines and facilities to thea customer where the estimated revenue to be received from a service will provide an adequate and continuous return on the investment. The DepartmentBEU reserves the right to determine, finally, the advisability and legality of making any extension.

Extensions made by the DepartmentBEU shall be and remain permanently the property of the DepartmentBEU.
b. OWNERSHIP: The Distribution Line Extension facilities installed under the provisions of this rule, all installation of material by applicant and non-refundable advances, will upon completion become the property of BEU, and shall be owned, operated, and maintained by BEU.

c. APPLICANT RESPONSIBILITY: Applicant shall be responsible for the labor, equipment and material costs of a Line Extension and related rights-of-way dedications that are necessary and reasonably related to furnishing electric service to their project. These costs include, but are not limited to, those related to the preparation of designs and plans, inspection, document review and plan check, right-of-way dedication, materials, installation, and construction.

BEU reserves the right to install all or part of the line extension civil work, at the expense of the applicant. A Line Extension Agreement must be signed granting BEU the contract to execute the work.
d. BEU has the right to remove or replace at the Customer’s expense any of its assets that is identified to have been installed in excess of the Customer’s load requirement at any time after such a case is revealed.

2. DISTRIBUTION LINE EXTENSION LOCATIONS
a. RIGHTS OF WAY: BEU will own, operate, and maintain Distribution Line Extension facilities only:

1. Along public streets, roads, highways and other publicly dedicated ways and places which BEU has the legal right to occupy
271
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 43 -

2. On public lands and private property across which rights of way and permits satisfactory to BEU may be obtained without cost to or condemnation by BEU.
b. Applicant hereby grants BEU the rights of way and easements for the Distribution Line Extension over the most practical and acceptable route within Applicant's property. Where formal rights of way, easements, land leases, or permits are required by BEU for installation of facilities on or over Applicant's property, or the property of others, Applicant understands and agrees that BEU shall not be obligated to install the Distribution Line Extension for the Project unless and until any necessary permanent rights of way, easements, land leases, and permits satisfactory to BEU are granted to or obtained for BEU without cost to or condemnation by BEU.

3. CIRCUIT LENGTH
The length of the line extension to be used in computing the contribution by an applicant shall be measured along the most practical route of the line to be built as determined by BEU. The extension must be from, a continuation of, or an addition to, an existing BEU facility.
a. PRIMARY LINES
Primary line extensions are considered the high voltage circuits from the point of origin to the distribution transformers.
b. SECONDARY LINES
Secondary lines are considered the low voltage lines from the distribution transformer to the pull box or pole.
c. SERVICE LINES
Service lines are considered
272
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 44 -
the lines, whether overhead or underground, necessary to connect the service entrance conductors of the Customer to BEU supply line. An overhead service line sometimes referred to as “service drop”, is the group of conductors between the Customer’s building or other permanent support (service point) and BEU’s adjacent pole. The Customer is responsible for installing the conductors from the meter socket to the service point in accordance with all applicable laws, ordinances, rules, and regulations including those governing clearances and points of attachment. Once BEU meter is installed, access to those conductors is permitted only with approval of BEU.

The size and type of the transformers used shall be determined by BEU.

4. CONTRACTS
A contract between BEU and Applicant shall be executed detailing scope of work, the responsibilities of each party, timeline of execution of line extension, and other applicable terms and conditions before any line extension work can begin. Each line extension contract is Applicant specific furnished by BEU. BEU has the right to modify the contract at any time if conditions change after the contract has been signed. In such cases, the applicant can either terminate the contract or sign a new contract. If the contract is terminated, BEU has the right to deduct the cost of work (expenses) from the portion of the project executed thus far.

BEU reserves the right to determine, finally, the advisability and legality of making any extension. Extensions made by BEU shall be and remain permanently the property of BEU.

The customer or developer shall execute a contract for the service to be supplied when required by the DepartmentBEU before starting construction.

5. 4. ADVANCES
As shall be specified, in the contract, a non-refundable and refundable depositsor refundable advance shall be required prior to the start of construction. Refundable depositsA refundable advance will be returned to the applicant without interest in the form of credit to the Customer’s monthly bill if applicable, or as documented in the line extension agreement, in accordance with the applicable rules and regulations.

6. 5. UNUSUAL CONDITIONS
In unusual circumstances when the application of this policy appearsis deemed impractical, in case extension of lines must be operated at higher voltages, when customers load are a large KW demand, or where refunds may be considered the 273
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 45 -
Department will make by BEU, a special study will be made of the conditions to determine the basis on which service may be rendered.

7. 6. EQUIPMENT NOT INCLUDED
The installation and cost of transformers, meters and free footage of service conductor isconductors are not included in the extension charges unless specified.

8. 7. EQUIPMENT LOCATION
Service, meter and transformer location will be determined by the Electric DepartmentBEU prior to installation. Failure to obtain approval from the DepartmentBEU prior to installation may require relocation at the expense of the customer.

9. 8. SPECIAL FACILITIES
Under this rule the DepartmentBEU shall install only those facilities which it deems are necessary to render service in accordance with the tariff schedules. Where the applicant requests facilities which are in addition to, or in substitution for, the standard facilities which BEU normally would install, the extra cost thereof shall be paid by the applicant.
standard facilities which the Department normally would install the extra cost thereof shall be paidUpon approval by the applicant.

ExceptBEU for those instances where the customer requests special facilities, the DepartmentBEU will install, own, and maintain the necessary transformers, meters, and service wires in accordance with Rule #No. 15.

9. OWNERSHIP
All installation of material by applicant and non-refundable advances will upon completion become the property of the Department and will be owned, operated and maintained by the Department.

10. DEPARTMENTBEU INSTALLATION
The DepartmentBEU reserves the right to provide and install all or part of an underground extension, at the expense of the applicant. The estimated cost will be advanced to the DepartmentBEU prior to start of construction. 274
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 46 -

11. ESTIMATES
The construction charge estimated by the DepartmentBEU shall include cost of labor, labor overhead, vehicle and, equipment, materials, and administrative overhead expense, engineering supervision and material.

12. SERVICE CONNECTION DATE
The DepartmentBEU shall exercise due diligence to complete within a reasonable time the installation of the facilities for supplying service. the DepartmentBEU shall not be liable for delays caused by fires, strikes, riots, acts of God or of the public enemy, inability to secure necessary labor and materials or by any other circumstance beyond it’sits control.

13. INSPECTIONS AND APPROVALS
Approval of the installation by the applicant shall be obtained from the Department.BEU. No conductor or transformers willequipment shall be installed by the Department without BEU approval. All trenching, backfill and compaction will be inspected by BEU and the Public Works inspectorinspectors. Conduit and sub surfaces structures willshall be inspected by the electric DepartmentBEU prior to backfilling. All conduits and sub-structure shall be cleaned prior to construction.

14. STANDARDS
All installations made by the applicant shall be in accordance with Electric DepartmentBEU Standards and requirementsRequirements.

15. STREET FACILITIES
a. STREET OPENINGS
Street openings shall be in accordance with the City of Banning Public worksWorks Department.
b. STREET LIGHTING
As applicable street lighting shall be included in the Distribution Line Extension agreement within the Project solely for service to street lighting equipment.

Developers shall include adequate street light information in their design in accordance with applicable city code and standard.

16. REPLACED EQUIPMENT
275
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 47 -
Should it become necessary for the DepartmentBEU to replace or reinstall any material provided and installed by the applicant which does not meet DepartmentBEU requirements shall be replaced at the expense of the applicant.

17. RELOCATION OF EXISTIING UNDERGROUNDEXISTING DISTRIBUTION

FACILITIES
Where mutually agreed upon by the DepartmentBEU and a customer or applicant, existing underground distribution facilities may be relocated, provided the customer or applicant requesting the change pays, in-advance, a non-refundable sum equal to the estimated cost of relocation of the existing underground distribution facilities.

Per resolution No. 1984-27

18. REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION

FACILITIES
a. BEU may require customers to change existing service connection from overhead to underground.
a.b.Where mutually agreed upon by the DepartmentBEU and a customer, or applicant, overhead distribution facilities may be replaced with underground facilities, provided the customer or applicant requesting the change, pays, in advance, a non-refundable sum equal to the estimated installed cost of the underground facilities less the estimated salvage value of the replaced overhead facilities.

B. OVERHEAD EXTENSIONS
To provide service to one or more residential or commercial customer in locations approved by the Department.

1. FREE FOOTAGE
A distance not exceeding 100 feet of primary or secondary line is allowed for each applicant and shall include no more than one line or service pole for each applicant.

2. ADVANCES FOR OVERHEAD EXTENSIONS
Overhead extensions in excess of the free footage allowed requires a non-refundable advance from the Developer or applicant prior to start of construction. A 5% administrative charge shall be added to the following per lineal foot advances.

Primary Single phase 1.50 per foot
Primary Three phase 3.00 per foot
276
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 48 -
Secondary Laterals 1.00 per foot
Residential Service (over 100’) .50 per foot
Commercial Service (over 100’) .50 per foot
Additional Poles To be estimated

3. OVERHEAD SERVICES TO RESIDENTIAL SUB-DIVISIONS, APARTMENTS, CONDIMINIUMS, MOBILE HOME SUB-DIVISIONS AND ETC.
a. Not applicable to new residential or commercial installations. b. Overhead service may be permitted in sub-divisions etc., where existing overhead circuits are available and previously installed to serve adjacent property.

19. UNDERGROUND SERVICE FROM OVERHEAD SOURCE
a. a. The Department mayBEU shall require new commercial or residential customers to be served underground from overhead sourcesources. b. b. In areas where Department planBEU plans future conversion to underground, all service equipment on the customerscustomer’s premises shall be installed underground from the meter location to the designated source.

InstallationThe installation will be in accordance with DepartmentBEU underground requirements.

C20. VAULTS, PADS, BOXES AND CONCRETE STRUCTURES
All sub-structures such as vaults, pull boxes, manholes, service boxes, transformer pads, etc., shall be BEU approved pre-formed and cast product. Concrete substructures poured in place are not acceptable.

Per Resolution no. 1989-39 Rule # 14
B. COMMERCIAL OR INDUSTRIAL UNDERGROUND EXTENSION
Extensions consist of underground lines from the Department’sBEU’s designated source to a transformer, service box or vault location determined by the Department.BEU.

Extensions may serve one or more applicants.

1. 1. DEVELOPERS RESONIBILITY
Applicants shall provide all trenching, backfill, compaction, and provide and install all conduit, vaults, pull boxes, transformer pads or enclosures and sub structures in accordance with Department specifications. OnBEU Specifications. Upon completion, the applicant shall transfer without lien ownership of such facilities to the DepartmentBEU.
277
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 49 -

2. 2.DEPARTMENTBEU RESPONSIBILITY
Upon completion and acceptance of the installation, the DepartmentBEU will install conductor, transformers and related equipment required to provide services.

3. 3.ADVANCES
Prior to start of construction the applicant or developer shall advance to the DepartmentBEU an amount equal to the total estimated cost of the DepartmentsBEU facilities solely to serve the applicant or applicants. Estimated cost to . BEU estimate shall include transformers, service, meters, cost of labor, overheadvehicle, equipment, materials, and a 5% administrative charge shall be added to the advances required.

4.REFUNDS
overhead expense. Where costs are
Refunds of $40.00 per kilowatt of estimated demand for the first 100 kilowatt of estimated demand and $30.00 per kilowatt for estimated demands over 100 kilowatts to determine advances, they shall be refunded to the applicant within 90 days after service has been permanently connected. No refunds permitted for future added loads.adjusted in accordance with the actual cost of the installation.

5. TWO OR MORE APPLICANTS
The estimated cost for two or more applicants will be apportioned among the members of the group in such manner they may mutually agree upon.

6. Resolution 1979-32 Rule # 14

4. REFUNDS
No refunds are permitted for future added loads unless specified in a line extension agreement.

4.5. UTILITY POLES
Utility poles for providing overhead electric service shall not be installed on commercial or industrial premises.

5.6. 7. OVERHEAD SERVICE
New commercial or industrial customers may be served overhead from existing facilities if underground service is not feasible. Such customers may be required to provide DepartmentBEU approved facilities for future underground service and will include conduit and pull or service boxes in place, and easement. 278
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 50 -

6.7. 8. UNREASONABLE CONDITION
The Public Service/Utility
BEU DirectorDeputy Director or electric SuperintendentDesignee may waive the requirements of this section if topographical, soil or other conditions make underground installation unreasonable or impractical. This applies to new developments or existing developments being expanded or converted.

DC. EXTENSIONS TO AND/OR WITHIN RESIDIENTIAL SUB-DIVISIONS, CONDIMINIUMSCONDOMINIUMS, MOBILE HOME PARKS OR SUBDIVISIONS, APARTMENT COMPLEXES AND ETC.

Underground line extensions to serve single-family and/or a multi familymultifamily residential complex will be made in advance of receipt of application for service. thisThis Rule applies to any development consistingwith serving characteristics of four or more residential lotsgreater than 400A.

1. 1. DEVELOPERS RESPONSIBILITY
ApplicantApplicants shall provide all trenching, backfill, compaction and provide and install all conduit (service conduit required),, vaults, pull boxes, transformers pads and sub structures in accordance with DepartmentBEU specifications.

OnUpon completion, the developer shall transfer ownership without lien of such facilities to the DepartmentBEU.

2. 2. DEPARTMENTBEU RESPONSIBILITY
Upon completion and acceptance of the installation, the DepartmentBEU will install conductor, transformers and related equipment required to provide service.

3. 3. ADVANCES – NON-REFUNDABLE
Underground extensions for residential complexes require a non-refundable advance from the developer prior to start of construction. A 5% administrative charge shall be added to the following per lineal foot advances.Cost and advance will be based on BEU estimate. Estimate shall include cost of labor, vehicle, equipment, materials, and administrative overhead expenses. Where costs are estimated to determine advances, they shall be adjusted in accordance with the actual cost of the installation.

Primary circuits 3.50 per foot
Secondary circuits 2.00 per foot
Services (in excess of 50 ft.) .50 per foot

4. DEPARTMENTBEU INSTALLATIONS
279
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 51 -
When the DepartmentBEU installs any portion of an extension with it’sits personnel or by a contractor the estimated cost of the extension will be at the expense of the developer. Minimum charges per foot for the extension shall be based on the BEU estimate.

5. REFUND
Refunds Minimum charges per foot formade based on the line extension shall be $10.00 per lineal foot if no pavement is involved and $12.00 per lineal foot if the extension is within existing pavement requiring pavement breaking and repavement.

5. REFUNDABLE DEPOSITS
Refundable depositsagreement are required in advance of construction based on the DepartmentBEU estimate for material, excluding transformers, meters and 50’ of service conductor per unit..

Refunds will be made on a per unit basis, after the residence has had permanent service for a minimum of 90 days. When 75% of the lots have permanent service, the remaining amount will be refunded.

In condominiums, apartments or multi dwelling units, when 50% of the units have been in service for 90 days the remaining amount will be refunded.

No refunds will be made after 5 years, or of an amount greater than the refundable deposit made.

Refunds will be made without interest and within 45 days after a unit has been in service for 90 days minimum.

Noand no refunds will be made on services outside the development.

ED. RESIDENTIAL UNDERGROUND EXTENSIONS TO SERVE INDIVIDUALS OR

PARCELS
Extensions consist of underground lines from the Department’sBEU’s designated source to a transformer, service box or vault location determined by the DepartmentBEU.

1. 1. CUSTOMERS RESPONSIBILITY
Applicants shall provide all trenching, backfill, compaction, and provide and install all conduit, vaults, pull boxes, transformer pads or enclosures, and sub structures in accordance with DepartmentBEU specifications. On completion, the applicant will transfer without lien ownership of such facilities to the DepartmentBEU. 280
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 52 -

2. 2. DEPARTMENTBEU RESPONSIBILITY
Upon completion and acceptance of the installation, the DepartmentBEU will install conductor, transformers and related equipment required to provide service.

3. FREE FOOTAGE ALLOWANCE STREET INSTALLATION ONLY
Free footage allowance is 50 feet of primary cable per applicant and shall not exceed 150 feet for a group in any installation.

4. ADVANCES
Underground extensions in excess of the free footage allowed requiresfor residential require a non-refundable advance from the applicant or developer prior to start of construction. A 5% Cost and advance will be based on BEU estimate. Estimate shall include cost of labor, vehicle, equipment, materials, and administrative charge shall be added to the following per lineal foot advances.overhead expenses.

Primary extension single phase 3.50 per foot
Secondary extension 2.00 per foot
Services (over 50 feet) .50 per foot

5. MULTI – METER INSTALLATIONS
All conductorThe installation of all conductors and terminations between the transformer and a group meter location shall be installed by the Departmentis at the expense of the developer or applicant asand shall be determined by the Department.BEU. BEU may elect to do the installation or require the developer or applicant to do it.

6. POLE RISERS
Material forAll expenses associated with pole risers shall be at the expense of the developer or applicant. Installation of the riser will be at the responsibility of the Department.BEU.
281
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 53 -
ELECTRIC RULE NO. 15 -
SERVICE CONNECTIONS AND FACILITIES ON CUSTOMER’S PREMISES (Resolution 1994-130)
A. GENERAL

1. Electric connections necessary for supplying service to customers, in accordance with accepted DepartmentBEU engineering practices, shall be provided by the DepartmentBEU subject to conditions and allowances hereinafter specified in this rule.

2. Conditions and allowances prescribed in this rule relate only to service connection facilities and are based on the assumption that general distribution facilities within practicable reach of the premises to be served are already in place or shall have been so through distribution extensions in accordance with the Department’s line extension policy and practice under other rulesBEU’s Rule No. 14, Line Extension Rule.

3. In general, the DepartmentBEU shall install to a building or parcel only one service of each class, voltage, or phase, except as follows:
a. Where more than one service is required by reason of the DepartmentsBEU’s operating convenience and necessity, the DepartmentBEU shall specify the number and location of the services to be installed.
b. Where a building extends for more than 150 feet along and facing the Department’s distribution lines, as installed in public streets or thoroughfares or on easements, the Department may provide additional services of the same class, voltage or phase for each 150 feet of such length, and for that portion of such length as may exceed a multiple of 150 feet.
c. Where a building will be occupied by two or more customers, individually metered and billed by the Department, separate servicesBEU, one service of the same class, voltage, or phase mayshall be provided for each customer or the group of customers. All such services shall terminate insofar as practicable at the same general location, as shall be designated by the DepartmentBEU.

4. Materials or equipment furnished and installed on a customer’s premises by the Department at its own expenseBEU will at all times be and remain the sole property of the DepartmentBEU and may be used to supply other applicants for service.

5. The DepartmentBEU shall exercise due diligence to complete, within a reasonable time, the installation of facilities, supplying of service, or making of repairs or improvements, giving due regard to the customer’s needs and the capacity required. The DepartmentBEU shall not be liable for delays caused by fires, strikes, riots, acts of God or of the public enemy, inability to secure necessary labor or material or by any other circumstance beyond its control.
282
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 54 -
B. OVERHEAD SERVICE

1. The customerBEU shall providedesignate a suitable location for the customer to provide for the termination of the overhead service wires and a service outlet adjacent thereto.

The location of said termination and service outlet shall be as required by the electric Department.

2. Overhead service wires shall in all cases be furnished and installed by the DepartmentBEU from existing distribution facilities. In cases where providing service connection to the customer requires more than one service clearance pole, the entire installation shall be considered as a line extension.

3. Where a clearance pole is deemed necessary by the DepartmentBEU to support the service wires or to maintain legal clearances, such clearance pole shall be furnished and installed by the DepartmentBEU at itsthe expense of the customer.

4. Impaired Clearance: Whenever any of the clearances required by the applicable laws, ordinances, rules, or regulations of public authorities from the service drops to the ground or any object become impaired by reason of any changes made by the owner or tenant of the Premises, the Customer shall, at the their own expense, provide a new and approved support, in a location approved by BEU, for the termination of the BEU’s existing service drop wires and shall also provide all service entrance conductors and equipment necessitated by the change of location.

Maximum free service length shall be 100 feet.

C. UNDERGROUND SERVICE

1. A service cable terminating pull box or switchboard pull section or other terminating enclosure complying with the Electric Service Requirements of the DepartmentBEU shall be installed by the customer at a location as near as practicable to the distribution facilities from which the service is to be supplied and at a DepartmentBEU approved location.

2. Conduit Installation
a. Service conduit of the number, size, and type aas specified by the Department but not less than as required by the City of Banning electrical Code,BEU shall be provided and installed by the customer at histheir expense from the terminating pull box or switchboard location on histheir premises to the service box at the property linepoint of connection as specified by the Department where service is to be supplied from underground distribution, or to a point above the ground line of the pole designated by the Department where service is to be supplied from overhead distribution.BEU b b. Refer to Rule No. 14-C-1
283
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 55 -
c. Conduit and material required for the service riser will be at the expense of the customerCustomer. Installation of the riser will be the responsibility of BEU at the customer’s expense of the Department.

3. CableConductor Installations
a. The DepartmentBEU shall install all necessary service cableconductors at the expense of the customer from its distribution to the customer’s terminating pull box, switchboard pull section, or other terminating enclosure and make all necessary connections. BEU may require the customer to do the installation of 600V service conductors.
b. The cost of all labor and transportation from BEU distribution facilities to the customer’s property required for such cableconductor installation shall be borne byat the Departmentexpense of the Customer, together with the cost of cable from its distribution facilities to the customer’s property line.conductor. c. When customerCustomer additions to existing load require additional service cable capacity, the DepartmentBEU shall furnish and install, at itsthe customer’s expense, larger or additional cablesconductors, provided the termination point is at the same general location. If a new service location is to be provided, the total load shall then be considered as new load on a new service; and the amount of cable to be provided by the Department at its expense on private property shall be as elsewhere stated in this rule except that the Department shall not be required to establish a new service location at its expense if adequate capacity is available at the present locations to serve the additional loada new load on a new service.
d. The cost of cable installed by the Department on customer’s premises in excess of the allowances prescribed hereinafter shall be paid by the customer to the Department.

Such payment shall be estimated by the Department, based on the average cost per foot of such cable, as determined from time-to-time from the Department’s records.

Measurement of cable in all cases hall be based on the conduit or duct run feet in place. When, because of load or separate rate classes, more than one set of service cables is required, the length of cable for each set of service conductors to be provided by the Department shall be the same as though the total load were served by a single set of conductors.

D. RESIDENTIAL

1. Allowance for cost of that part of secondary service cable installed on customer’s property by the Department for each approved service location, and which shall be borne by the Department are as follows:
a. Domestic service for a single family occupancy. Maximum total allowance 50 feet. 284
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 56 -
b. Where service facilities involving several buildings, each having multiple-family residential occupancies, and all under a single ownership, are designed in accordance with specifications of the DepartmentBEU so as to provide the most desirable over-all service connections, the estimated installed cost of cable provided by the Department at its expense shall not exceed the investment for cable which it would otherwise have made in accordance with allowances prescribed in the foregoing subparagraph “a”, if each building were considered to be served independently.

E. COMMERCIAL AND INDUSTRIAL

1. Pad Mount Transformers – Electrical distribution service facilities for all new commercial and industrial properties shall be underground and installed according to the Electric DepartmentBEU requirements as follows:
a. SecondaryThe secondary voltage rating of three phase pad-mount or underground transformerstransformer shall be limited to one of the following voltages;. 240, 480, 120 / 208 or 277 / 480 volts only.
b. DEVELOPERS RESPONSIBILITY
Applicants shall provide all trenching, backfill, compaction and provide and install all conduit, vaults, pull boxes, transformer pads or enclosures and sub structures in accordance with DepartmentBEU specifications. On completion, the applicant shall transfer without lien ownership of such facilities to the Department. Res. – 1979 – 32BEU. BEU has the right to do the stated construction work at the expense of the Applicant.
c. DEPARTMENT BEU RESPONSIBILITY
Upon completion and acceptance of the installation, the DepartmentBEU will install conductor, transformers and related equipment required to provide services. at the Expense of the developer or applicant.

Res. – 1979 –32.
d. ADVANCES
Prior to the start of construction, the applicant or developer shall advance to the DepartmentBEU an amount equal to the total estimated cost of the DepartmentsBEU’s facilities solely to serve the applicant or applicants. Estimated cost to Cost and advance will be based on BEU estimate. Estimate shall include transformers, service meters,cost of labor, overhead,vehicle, equipment, materials and a 5% administrative charge shall be added to the advances required.

Red. – 1979-32.
285
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 57 -
overhead expenses. e. Utility poles for providing overhead electrical service shall not be installed on commercial or industrial premises.
f. New commercial and industrial customers may be served overhead from existing facilities if underground service is not feasible, but. But such customers may be required to provide Department-BEU approved facilities for future underground service. For example, when the new commercial or industrial meter is within 100 feet of an existing pole and if no more than one overhead single phase line transformer is to be installed for this will include conduit and pull or service, an overhead service may be allowed. boxes in place, and easement.

F. TRANSFORMER STATIONS ON CUSTOMER’S PREMISES
1 Installation of transformer racks, vaults, or other stations on customer’s premises shall be at the option of the DepartmentBEU.

2. Where the load to be supplied requires a transformer capacity of 150 kVA or more, single phase, or 300 kVA or more for other type load, the Department2. BEU reserves the right to supply service by means of a transformer station located on the customer’s premises and the customer shall make adequate provision for the necessary electrical equipment;, which provisions, at the option of the DepartmentBEU, shall be either:
a. A concrete or other suitable base and enclosure, located outside the building, and furnished and installed by the customer at histheir expense, in accordance with the Department’sBEU’s specifications;
b. An indoor transformer room, provided by the customer, at histheir expense, and conforming to DepartmentBEU specifications, suitably ventilated and complying with all legal requirements; or
c. An underground vault or individual transformer enclosure provided by the customer at histheir expense, and conforming to DepartmentBEU specifications.

3. The customer shall provide necessary easements and right-of-way, and provide and maintain necessary legal clearances from adjacent buildings and adequate access to supply lines, underground riser pole, outside enclosure, vault, or transformer room, whether inside or outside of buildings, to allow for movement of trucks, workmen, materials, and construction equipment.

4. Where the supply lines to stations are underground, all necessary conduits and sub structures, as required by the DepartmentBEU, shall be furnished and installed by the customer in the same wasway as provided for secondary services in Section “C, 2” of this rule. Conduits required for secondary cable runs from the transformer station to 286
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 58 -
the customer’s switchboard shall be provided and installed by the customer in accordance with DepartmentBEU specifications.

5. All primary and secondary cableconductors shall be furnished and, installed by the Department, and all necessary connections made by it. For each service involved the Department shall install,BEU at itsthe expense, the first 50 feet of secondary cable in private property; measurement to start from the property line or base of the supply pole, whichever is closer to the transformer station. All excess cable shall be paid for by the customer according to Rule 14-E-3 and 4.as estimated by BEU.

6. When bus way is required by the DepartmentBEU, in lieu of secondary cable, it mayshall be furnished and installed for the DepartmentBEU by the customer in accordance with the Department’sBEU’s specifications. In this event, and upon acceptance by the DepartmentBEU, ownership of such bus way shall transfer without lien to the DepartmentBEU.

7. In the event the Department requires a bank of transformers within a metal or fiber glass enclosure, the cost of the enclosure will be the responsibility of the customer.

G. HIGH VOLTAGE SERVICE
Service at standard primary voltage (4160 and 12470 V) may be provided for loads exceeding 3002500 kVA or estimated demand where distribution facilities at such voltage are available without local transformation. Conduit and cable installation for such high-voltage services shall be the same as indicated in foregoing Section “F”, respecting primary supply to transformer stations. The Department shall install the cable with allowances not to exceed 50 feet of cable. As a protection to the Department’sBEU’s system, high-voltage switchgear meeting the needs of the DepartmentBEU shall be furnished and installed by the DepartmentBEU at the point of delivery of such service to the customer.Customer at the expense of the Customer.

H. CONVERSION OF DISTRIBUTION FROM OVERHEAD TO UNDERGROUND The Department BEU, for reasons of economy of operation, disaster mitigation, or simplification of its distribution system, or for other reasons, may elect to convert a district or an area from overhead to underground distribution, and shall install, or have installed at its expense, all of the underground conduit and cable which it deems to be necessary to supply service to the then existing loads. In anticipation of future conversion of a local distribution system to underground, the DepartmentBEU may require an applicant to take underground service and to bring out his service conduit to the point from which the Department shall build, at itsat the applicant’s expense, the necessary facilities to serve the customer at this point. 287
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 59 -
I. METER INSTALLATION AND MISCELLANEOUS SERVICE EQUIPMENT ON CUSTOMER’S PREMISES

1. Meter Installations
No other device digital or otherwise can be installed between the meter socket and the BEU meter. BEU will not install meter nor provide service if such a device is installed.

All meter and associated service equipment shall fully comply with the latest EUSERC Requirements and BEU Standards.
a. Location. The meter serving a customer’s property must be located on the premises served. All meters installed by the DepartmentBEU shall be installed at some convenient place, approved by the DepartmentBEU, upon the customer’s premises and so placed as to be at all times accessible for inspection, reading and testing.

The customer shall at histheir own expense, provide a new andlocation approved locationby BEU for the meter or meters in order to comply with the foregoing whenever the existing meterormeter or meters becomeare determined to be inaccessible by BEU for inspection, reading or testing.

Residential meters shall be located on the exterior of the structure served and shall not be enclosed in walled or screened patios or enclosures.

Commercial meters shall be accessible at all times during normal working hours.

A level working and standing surface entirely on the property of the customer shall be provided with a minimum clearance of three (3) feet wide, six (6) feet six (6) inches highper NEC requirement and extending a minimum of three (3) feet from the meter panel surface.BEU Standards. This area must be maintained free and clear at all times.

The meter serving a customer’s property must be located on the premises served.

b. Multiple-occupancy Buildings. In all buildings in which meters are required to be installed for various floors or groups of rooms in order to measure separately the electrical energy supplied to each of several customers, all meters shall be located at one central point or as otherwise specified by the Department.BEU. Each meter position shall be clearly marked by the building owner, to indicate the particular location supplied by it.
c. Rescinded – Resolution 1976-61.
288
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 60 -
d. Sealing of Meters. All utility meters will be sealed by the DepartmentBEU, and no such seal shall be tampered with or broken except by a representative. Any such tampering shall be considered diversion of the Department authorized to do soservice. d.
e The CityBEU will furnish as a normal metering installation, at the customer’s expense, meters adequate to measure at a single point of delivery the demand and energy consumption, as specified in the rate tariff or as determined by the Electric Utility Superintendent the type of such meters to be determined by the Department.BEU. Provision must be made for installing a kilovar-hour meterkiloVAR-Hour Meter (Power Quality -PQ- Meter) on all installations a main switch of 600 amperes at 240 volts or 400 amps at 480 volts.as required by BEU. The customer shall provide space acceptable to the DepartmentBEU for the required metering installation. Primary metering installations shall conform to the DepartmentBEU requirements and specifications.

2. Miscellaneous Service Equipment
a. Equipment Furnished by Customer. All service switches, fuses, meter sockets, meter and instrument transformer housings, switchboard meter test busses and similar devices,equipment () irrespective of voltage, required in connection with service and meter installation on customer’s premises, shall be furnished, installed and maintained by the customer.
b. Equipment Furnished by Department. The DepartmentBEU. BEU will furnish and install the necessary instrument transformers, test facilities (except switchboard meter test busses), and meters.

J. CONNECTION OF CUSTOMER’S SERVICE TO UTILITY LINES

1. Only duly authorized employees of the DepartmentBEU are allowed to connect or disconnect the customer’s service or to disconnect the same from the Department’sBEU’s lines.

K. OWNERSHIP AND MAINTENANCE OF FACILITIES

1. All transformers, meters, service wires, appliances, fixtures, andor other facilities installed by the Department at its expenseBEU, upon the customer’s premises for the purpose of delivering electric energy to the customer shall continue to be the property of BEU. Such equipment does not include the Department, and“service entrance conductor” that line through which the customer receives electric energy from the lines of BEU which is the equipment of the customer subject to subsection L of this rule. BEU equipment may be repaired or replaced by the DepartmentBEU at any time, and removed at the termination of service, andwithout the prior consent of the 289
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 61 -
customer. BEU equipment may also be used to supplyserve other customers whether or not on the same premises, provided the proper rightsright of way havehas been obtained.

2. No rent or other charge whatsoever shall be made against the DepartmentBEU for placing or maintaining such facilities upon the customer’s premises. The customer shall exercise reasonable care to prevent the facilities of the DepartmentBEU upon said premises from being damaged or destroyed, and shall refrain from relocating or otherwise interfering with same and, in case any defect therein shall be discovered, shall promptly notify the Department thereof.BEU thereof. Damaged equipment or facility shall be repaired and or replaced by BEU at the customer’s expense.

L. CUSTOMER RESPONSIBILITY FOR HIS EQUIPMENT

5.3. 1. The customer shall, at histheir own sole risk and expense, furnish, install, inspect and keep in good and safe condition all electrical wires, lines, machinery, service conductors, and apparatus of any kind or character which may be required for (1) receiving electric energy from the lines of the DepartmentBEU regardless of the location of the transformers, meters, or other equipment of the DepartmentBEU; and (2) applying and utilizing such energy, including all necessary protective appliances and suitable housing thereof.

4. 2. The DepartmentBEU shall not be responsible for any loss or damage occasioned or caused by the negligence, want of proper care or wrongful act of the customer or of any of their agents, employees, or licensees on the part of the customer in installing, maintaining, using, operating, or interfering with any such wires, lines, machinery or apparatus.

L. CUSTOMER RESPONSIBILITY FOR HIS EQUIPMENT

1. The customer shall, at their own sole risk and expense, furnish, install, inspect and keep in good and safe condition all electrical equipment beyond BEU meter including but not limited to wires, lines, machinery, service conductors and apparatus of any kind or character which may be required for (1) receiving, storing and producing electrical energy from the lines of BEU regardless of the location of the transformers, meters, or other BEU equipment; and (2) applying and utilizing such energy, including all necessary protective appliances and suitable housing thereof. This section shall apply to all items listed above notwithstanding the fact that as to any such item BEU shall determine the manner of its construction and installation or shall require such construction or installation by employees or BEU contractors. 2 BEU shall not be responsible for any loss or damage occasioned or caused by the negligence, want of proper care or wrongful act of the customer or of any of his their agents, employees, or licensees on the part of the customer in installing, maintaining, using, operating, or interfering with any such wires, lines, machinery, or apparatus. 290
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 62 -
ELECTRIC RULE NO. 16 -

REPLACEMENT OF OVERHEAD WITH UNDERGROUND DISTRIBUTION

FACILITIES
A. The DepartmentCity will, at its expense, replace its existing overhead distribution facilities with underground distribution facilities along public streets and roads, and on public lands and private property across which rights-of-way satisfactory to the DepartmentBEU have been obtained or may be obtained without cost or condemnation, by the DepartmentBEU, provided that:

1. TheBanning City Council of the City of Banning in which such distribution facilities are and will be located has:
a. Determined, after consultation with the DepartmentBEU and after holding public hearings on the subject, that such undergrounding is in the general public interest for one or more of the following reasons:
(1) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;.
(2) Said street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;. (3) Said street or road right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.
(4) Undergrounding electric facilities will mitigate fire/natural disaster risk or enhance electric system reliability.

Undergrounding projects are to be prioritized based upon geographical diversity, coordination with other planned roadway improvements, electric reliability improvements, available funding, and overall aesthetic improvement. b. Adopted an ordinance creating an underground district in the area in which both the existing and new facilities are and will be located requiring, among other things, (1) that all existing overhead communication and electric distribution facilities in such district shall be removed, and (2) that each property owner served from such electric overhead distribution facilities shall provide, in accordance with the Department’sBEU’s rules for underground service, all electrical facility changes on histheir premises necessary to the DepartmentBEU as soon as it is available, and (3) authorizing the Department BEU to discontinue its overhead service.
291
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 63 -

2. The annual budgeted amount for undergrounding within the City of Banning may be allocated by the City Council upon recommendation of the electric Utility SuperintendentBEU Deputy Director.

3. The undergrounding extends for a minimum distance of one block or 600 feet, whichever is the lesser.

B. In circumstances other than those covered by A. above, the DepartmentBEU will replace its existing overhead distribution facilities with underground distribution facilities along public streets and roads or other locations mutually agreed upon when requested by an applicant or applicants where all of the following conditions are met;.

1. a. All property owners served from the overhead facilities to be removed first agree in writing to perform the wiring changes on their premises so that service may be furnished from the underground distribution system in accordance with the DepartmentsBEU’s rules and
292
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 64 -
that the DepartmentBEU may discontinue its overhead service upon completion of the underground facilities, or

b. Suitable legislation is in affect requiring such property owners to make such necessary wiring changes and authorizing the DepartmentBEU to discontinue its overhead service.

2. The applicant has:
a. Furnished and installed the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, pole bases and performed other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving required in connection with the installation of the underground system, all in accordance with Department’sBEU’s specifications, or in lieu thereof, paid the DepartmentBEU to do so;.
b. Transferred without lien ownership of such facilities, in good condition, to the DepartmentBEU; and
c. Paid a nonrefundable sum equal to the excess, if any, ifof the estimated costs; exclusive of transformers, meters and services, related to completing the underground system and building a new equivalent overhead system..

3. The area to be undergrounded includes both sides of a street for at least one block or 600 feet, whichever is the lesser, and all existing overhead communication and electric distribution facilities within the area will be removed.

C. In circumstances other than those covered by A. or B. above, where mutually agreed upon by the DepartmentBEU and an applicant, overhead distribution facilities may be replaced with underground distribution facilities, provided the applicant requesting the change pays, in advance, a nonrefundable sum equal to the estimated cost of the underground facilities less the estimated net salvage value and depreciation of the replaced overhead facilities.

Underground services will be installed and maintained as provided in the Department’sBEU’s rules applicable thereto.

D. In The term “underground distribution system” means an electric distribution system with all wires installed underground, except those wires in surface mounted equipment enclosures.
293
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 65 -
ELECTRIC RULE NO. 17 - ADDED FACILITIES

ADDED FACILITIES
Added facilities are facilities provided by the utilityBEU which are in addition to, or in substitution for, the standard facilities which the utility would normally install. When a customer makes written application for added facilities and the installation of such facilities is acceptable to the utilityBEU, the added facilities will be installed under the following conditions:

1. The customer shall pay the cost of the installation of added facilities and a continuing monthly charge for the added investment as determined by the utilityBEU.

2. In the event that the added facilities are abandoned prior to five years from the date service is first rendered from the added facilities, the customer will pay to the utilityBEU the cost installed of the added facilities plus the cost of removal, less the estimated salvage. 294
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 66 -
ELECTRIC RULE NO. 18 - DEPARTMENT’S RIGHTS OF INGRESS
PUBLIC UTILITY ACCESS TO AND EGRESS FROM CONSUMER’S PRIVATE

PROPERTY
As stated in the City of Banning Municipal Code Section 13.05.060 – Responsible Parties, customers taking service from Banning Electric Utility (BEU) are required to follow the rules and regulations that are established by the Banning City Council. Failure to comply with the rules and regulations is a violation of the Municipal Code.

A. CUSTOMER CONSENT:

BEU agrees to provide electric service to end-use customers under certain terms and conditions, one of which is the customer’s consent to BEU’s employees entering the customer’s premises to perform any work necessary for service.

B. ENTRY ON PREMISES:

The Department shall at all times have the right of safe ingress to, and egress from, the consumer’s premises at all reasonable hours for any purpose reasonably connected with the furnishing of electric energy and the exercise of any and all right secured to it by law, or these Rules.

This includes the periodic reading of meters, maintenance or replacement of meters, and other necessary work on the City’s electrical facilities.

The customer’s utility system shall be open for inspection at all reasonable times to authorized representatives of BEU. City employees may enter private premises to make inspections or examinations of wires, fixtures, or attachments, to read meters, or to determine if there has been unlawful tampering with utility equipment, devices, or seals, or unlawful installation of devices to evade electric metering of energy. City employees whose duty it is to enter upon private premises will be provided with a badge or other identification. Such identification shall be shown to customer at the time of entry on customer’s premises.

C. ROUTINE WORK:

BEU shall, at all reasonable hours, have access to meters, service connections, and other property owned by it which may be located on customer’s premises for purposes of installation, maintenance, or replacement of meters; meter readings; operation; or removal of the property at the time service is to be terminated.

D. EMERGENCY WORK:

During an emergency, BEU shall, at any time and with minimal notice, have access to meters, service connections and other property owned by it which may be located on 295
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 67 -
customers’ premises for purposes of installation, maintenance, meter readings, operation, or removal of utility property at the time service is to be terminated.

E. INTERFERENCE WITH AUTHORIZED EMPLOYEES:

Subject to all other applicable state law, BEU Deputy Director or designee may discontinue service of electrical energy to any premises after written notice to the customer of the intent to do so, for the following causes:
 The customer has refused entry or admittance an authorized employee, at a reasonable hour, in the performance of his or her duty onto the real property or premises of customer; or,
 The customer, by his or her personal conduct, or by maintaining a dangerous condition or vicious animal upon the premises, has hindered or interfered with an authorized employee in the performance of his or her duty. The BEU Deputy Director or designee shall serve such notice by mailing one copy to the customer at his or her last known address, and one copy to the premises, if a different address. BEU Deputy Director need not reconnect the service until the customer has given satisfactory assurance to the utility that an authorized employee will not be interfered with or hindered, or refused admittance, in the performance of his or her duty.

F. ACCESS TO ELECTRIC METERS AT THE CUSTOMER’S FACILITIES SHALL BE PROVIDED AT ALL TIMES.

If access to the customer’s meter is prohibited by a locking device on a gate, door, or other access entries, customers shall provide BEU with a key to allow access by meter readers or other authorized personnel for the purpose of inspecting and/or maintaining and/or reading the meter. BEU is authorized to install at the customer’s facility a lock box accessible only to BEU authorized personnel for the purpose of securing the key on site to gain ready access to the customer’s electric meter.

G. FAILURE TO COMPLY:

Failure to provide access to utility facilities on private property could result in termination of services. All applicable utility charges for inspection, service disconnection and/or reconnection, meter removal and/or meter set, meter tampering and/or power theft, or other operations or maintenance activity may apply considering the circumstances.

NFPA 70, NEC 2017 Edition, Article 90, Introduction, 90.1 Purpose and 90.2 Scope The City of Banning has adopted the National Electric Code (NEC) as a guideline to ensure practical safeguarding of persons and property from hazards arising from the use of electricity (90.1). Banning Electric Utility promotes the NEC for having adequacy, in that, the code contains provisions that are considered necessary for safety. Compliance therewith and proper 296
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 68 -
maintenance result in an installation that is essentially free from hazard but not necessarily efficient, convenient, or adequate for good service or future expansion of electrical use (90.2).

NFPA 70, National Electric Code 2017 Edition, Article 100, Definitions, Authority Having Jurisdiction (AHJ)
Banning Electric Utility is an authority having jurisdiction for the City of Banning. Banning Electric Utility is the statutory local organization responsible for public safety and enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.

As provided for in the Rules herein contained, the Department shall have the right to remove any and all of its property installed on the consumer’s premises at the termination of service. 297
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 69 -
(Rescinds R & R 1975-23)
ELECTRIC RULE NO. 19 -

SUPPLY TO INDIVIDUAL PREMISES AND SUB-METERING OF ELECTRIC ENERGY (Resolution 1976-61, 1983-19)
A. SUPPLY TO INDIVIDUAL PREMISES AND SUB-METERING OF ELECTRIC ENERGY.

1. Supply to individual premises – A separate meter installation is required for service to each premise irrespective of the identity of ownership or operation of several premises, and in accordance with the City of Banning Zoning Ordinance.

2. Sub-metering of electric energy – As of the effective date of the adoption of this Resolution,, such as master meter installations, will not be permitted.

3. Energy shall be provided according to the applicable serving characteristics. A customer shall not use electricity received from BEU upon other premises nor other purposes than those specified in any new mobile home park or in any new additions to existing mobile home parks.the rate schedule.

B
298
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 70 -
C. EXISTING INSTALLATION WITH MASTER SUB-METERS.

The installation of meters for the purpose of sub-metering electricity to mobile home parks, condominiums, apartments, and others is not permitted for new installations. The following shall apply to existing master metered installations installed.

1. The DepartmentBEU will provide electric service to trailer courts or mobile home parks through one point of delivery.

2. Electric rates applicable to master meters shall be the electric rates in affect,effect and shall be subject to change.

3. Where individual mobile homes or apartments are sub-metered for the tenant, the cost for energy provided to the tenant shall not be in excess of the Department’s “D Rate”BEU’s rate for residential customers. MetersSub-meters used shall be maintained and tested by the owner.

4. For each billing period, the park owner shall provide each sub-metered tenant with the date of the meter reading, the previous meter reading, present meter reading, KWHR use, uel cost adjustmentcurrent rate, and total amount of the bill.

C. NEW INSTALLATIONS – AND 5. A copy of the applicable rate schedules and this Rule No. 19 shall be posted in a conspicuous place on the Premises being serviced by BEU. BEU has the right to discontinue service to any Customer violating this rule subject to applicable state and local law.

D. ADDITIONS TO MOBILE HOME PARKS, MOBILE HOME SUBDIVISIONS AND TRAILER PARKS.

The Department BEU will provide individual service to mobile homes in accordance with Rule and Regulation #No. 14.

1. Mobile Home Park developers will install the wiring system as required, including the front footage charge and make the required deposits.

2. Each space will be provided with an approved metering pedestal and protective equipment of adequate capacity to maintain standard voltage at each space.

3. Application for service and billing will be in accordance with the applicable Electric DepartmentBEU Rules and Regulations.

DE. JOINT USE FACILITIES

1. Electric energy provided for the mobile home park or sub-division joint use tenant facilities (office, store, club house, laundry, swimming pool, safety lighting, etc.), 299
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 71 -
shall be the responsibility of the park owner or operator and shall be separately billed and metered.

2. Where it is necessary and with the approval of the DepartmentBEU, one or more services may be provided for joint use tenant facilities. Each service shall be separately metered and billed.

3. Where spaces are provided for overnight or transient use, energy supplied shall be through the joint use facilities meter.

E4. a. If a property with an existing electric service connection is subdivided, the electric service connection shall be considered as belonging to the lot or parcel of the land which it will continue to serve. It shall be at the customer’s expense and responsibility to have the connection relocated adjacent to the lot or parcel where use will continue. The charges for any relocations shall be in accordance with Rule # 15.

b. In exceptional circumstances, with the approval of BEU, the parcel that lost power service due to the subdivision may temporarily, until the parcel obtains its own service from BEU, utilize the existing connection via submetering should the two parties agree to do so. The Customer using the submeter shall not be charged more than the rate set by BEU for that particular schedule.

F. INDIVIDUAL MOBILE HOMES
When permitted by City Ordinance, individual mobile homes located outside of mobile home parks may receive service under the temporary service provision of these Rules and Regulations.
300
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 72 -
ELECTRIC RULE NO. 20 - UNIT OF BENEFIT CHARGE
A. GENERAL
A unit of benefit charge will be applied to all undeveloped properties when they are improved.

1. Street Lights
Whenever street lights are installed on new streets or existing streets.

When the level of lighting must be increased due to change in street classification or due to the improvements made.

2. Underground utilities
When underground utilities are installed along undeveloped properties and which will be used to serve the area.

3. When existing overhead utilities are change to underground to improve reliability.

B. PAYMENT
The unit of benefit charge will be assessed to the property being developed based on a per foot of property fronting on the street.

1. Payment will be made at the time that Building permits are issued and shall apply to land sub divisionssubdivisions and property development.

C. AMOUNT

1. The per foot unit charge may be either the estimated or actual installation cost, divided by the front footage of all property fronting on the street. In no case shall the per unit of benefit charge be less than $2.50 per foot.

2. The per unit charge shall be applied as one charge for street lighting and a separate charge for underground electric distribution.

3. The City of Banning reserves the right to determine the amount of front footage to be charged and the per unit charge.

D. INSTALLATION

1. The installation of the street light system will be by either the Developer or the DepartmentBEU at the discretion of the DepartmentBEU. Normally the Developer 301
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 73 -
will be required to furnish and install all street lighting equipment in sub divisionssubdivisions or land developments.

2. The DepartmentBEU reserves the right to install the street lighting in areas in which the developer owns or is improving and charge, the developer on a per foot basis. 302
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 74 -
ELECTRIC RULE NO. 21 -

TURN ON AND TURN OFF OF ELECTRIC SERVICE FOR REPAIR OR OTHER A. SERVICE CHARGE
Temporary turn off or turn on of electric service for the purpose of allowing the customer to make repairs or changes to wiring will normally be done by BEU from 7:00 am to 2:00 pm, Monday through Thursday. There will be no charge for up to an hour of time. A charge will be made for each additional hour or fraction thereof. If a customer calls for emergency restoration of service during other than normal working hours, and it is determined that the problem is on the Customer’s side of the meter and is therefore the Customer’s responsibility, there will be additional charges.

Charges are per BEU estimate.

When Departmentthe BEU service crew men are requested to make more than one call in any 30 day period to any customer to re-establish service due to items such as fuse blowing, circuit breaker tripping or faulty equipment of the customer, a service charge will be made equal tono less than a two person service crew for a minimum of one hour of the employee or employees time and equipment will be made.. This charge will be added to the monthly bill of the consumer.

B. OVERHEAD SERVICE REMOVAL FOR TREE TRIMMING OR REMOVAL A request to temporarily remove overhead service drop to permit trimming or removal of trees will be at no charge to the customer or contractor if the trimming or tree removal is a benefit to the DepartmentBEU.

Should the DepartmentBEU determine that the removal of the tree or trimming is of no benefit a charge for all labor, equipment and material shall be made in advance of the work.

The customer or contractor shall provide the DepartmentBEU with a 48 hour notice and the shut-off will be done at the discretion of the DepartmentBEU.

C. TEMPORARY TURN-OFF OF ELECTRIC SERVICE TO AVOID MINIMUM

CHARGES
BEU shall not discontinue electric service merely to enable a Customer to avoid payment of minimum charges, except where the Customer is affected by fire or similar cause beyond the Customer’s control. If BEU has discontinued electric service with the understanding that the service is to be off permanently or for not less than 6 consecutive months, and the same Customer resumes the use of the service in less than 6 months after the discontinuance, then BEU shall consider the service active for the full period of discontinuance and shall bill the Customer for each month’s minimum charges. This does 303
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 75 -
not apply to an approved renovation/construction related work if applicable permit is presented to BEU.

ELECTRIC RULE NO. 22

TREE TRIMMING
(Resolution 1994-130)
A. Clearance of electric distribution lines in public rights-of-way shall be maintained by Banning Electric Utility (BEU). BEU shall have the right to remove any tree, the trunk of which is completely located within the right-of-way, and which creates or may create interference with the electric distribution line. BEU shall have this right to remove a tree even in the case where the branches of the tree extend over private property.

B. BEU shall have the right to trim trees with trunks located on private property which encroach upon required clearances about distribution lines located in easements or the public right-of-way. BEU shall have the right but not the obligation to maintain clearance around service drops from the point of attachment to the distribution system to the point of clearance around the distribution line. The private property owner is not hereby relieved of the duty to maintain all portions of the service drop as hereinafter provided.

C. BEU shall have the right to trim branches of trees with trunks on private property, which do not encroach upon required clearances but which by their condition, and in the judgment of BEU, constitute a threat to the distribution line. BEU shall notify the property Owner prior to removal of such a branch. The Owner shall have the right to appeal such action to the City Manager thin 10 working days of the date of the notice. The City Manager shall have the authority to waive the requirement for the removal of the branch for a period not to exceed one year from the date of the decision. In the event a branch that has been identified as hazardous has been pointed out to the Owner in writing, and the City has waived the right to remove the branch and the branch subsequently damages the distribution Line, the cost to repair the line shall be paid by the Owner.

D. Private property Owners shall be responsible for maintaining clearance around service drops. BEU shall not be responsible for any consequence stemming from the Owner' s failure to maintain clearance around the service drop.

E. In the case of a tree located on private property whose height is such that removal or trimming by the Owner may, in the judgment of BEU, jeopardize the distribution line, upon notification from the property owner of the Intent to trim the tree, BEU may assist the Owner of the property by installing protective covers, de-energizing the line, and/or temporarily adjusting the line at no cost to the Owner. The Owner shall pay the full cost for the trimming or removal of such a tree.

F. BEU shall provide due notification prior to commencing tree trimming operations on private property and shall cooperate with the Owner in the preservation of private property. 304
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 76 -
G. In the case of an Owner who does not fulfill their responsibility to maintain clearance around their service drop, BEU shall serve notice upon the Owner informing them of the need to trim the tree. Failure of BEU to provide such notice shall not constitute a waiver of the Owner's obligation to maintain a clearance around their service drop. Such notice shall provide that the property owner shall have 30 calendar days following the date of the notice within which to establish clearance as indicated in the notice. In the event that the service drop is not cleared to required distances within the 30 days’ notice period BEU shall have the right. but not the obligation or duty, to schedule the service, drop for clearing at the Owner’s expense.

H. Private property Owners may apply to BEU for tree trimming around their service drop at the Owner' s expense. The charge for such a service shall be based on a quotation from BEU. Prior to commencement of the work, the charge shall be presented to the Owner in writing along with the City' s other terms for performing the work. Such terms include a requirement that the Owner indemnify the City for all liability arising from the performance of the work save for that arising from the active negligence of the City. If the Owner agrees to the quoted charge and authorizes the work in writing, the City through its own forces or its Contractor shall perform the trimming in accordance with the BEU standards. The Owner may elect to pay for the work at the time of completion or pay for the work through installments on their City utility bill for a term of up to 12 months. The minimum monthly installment payments shall be determined by the Billing Department.

Subsequent tree trimming to maintain clearance around the Owner' s portion of the service drop shall remain the responsibility of the Owner.

305
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 77 -
ELECTRIC RULE NO. 23
CLIMATE ZONE 10 DESIGNATION
(Resolution 2019-146)
For the purposes of tariffs, building codes, solar requirements, and energy efficiency standards the State of California has divided the state into sixteen (16) differing climate zones. Most cities fall into one climate zone. However, due to the somewhat arbitrary nature of the climate zone boundaries, the City of Banning ("City") falls into three different climate zones: Climate Zone 10, Climate Zone 15, and Climate Zone 16.

For the sake of practicality, simplicity, accuracy, and consistency with our neighboring communities, the Electric Utility is designating the entire City as being in only one climate zone, Climate Zone 10. This designation will be for the purposes of tariff baselines, energy efficiency standards, weatherization, solar requirements, and electric-related building standards. The purposes for choosing Climate Zone 10 are discussed below.

Climate Zone 10 encompasses the western part of the City. As such, it includes the community of Sun Lakes, the largest residential community in the City of Banning. The new Pardee Homes development also falls within Climate Zone 10. Once the Pardee development is completed, the majority of the City's customers will be within Climate Zone 10. Most of our neighboring communities, including our sister-city of Beaumont, are within Climate Zone 10. Other neighboring cities that are within Climate Zone 10 include Cherry Valley and Calimesa. The City's seasonal temperatures, elevation, and heating & cooling degree days are most similar to these neighboring cities that are located within Climate Zone 10.

Climate Zone 15 is a large climate zone that includes desert cities such as Indio, Palm Springs, Desert Center, Blythe, and El Centro. The City's seasonal temperatures, elevation, and heating & cooling degree days are not very consistent with the cities within Climate Zone 15.

Only a very small portion of the City is within Climate Zone 16. This portion is primarily a small section within the upper canyon on the northern boundary of the City. As such, Climate Zone 16 is not very representative of the City as a whole. 306
BANNING ELECTRIC UTILITY ADOPTED June 26, 1975Sept. 23, 2025 RULES AND REGULATIONS RESOLUTION NO 1975-232025-132

BY CITY COUNCIL
Elect/Form/
Rules & Regulations
- 78 -
The Electric Utility desires to have the City designated as being in only one climate zone. It is clear that, from a climate standpoint, the City compares much more closely with our neighboring cities that are within Climate Zone 10. Therefore, the Electric Utility is designating the entire City as being within Climate Zone 10 for the purposes of tariff baselines, energy efficiency standards, weatherization, solar requirements, and electric-related building standards. 307

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Art Vela, Interim City Manager
MEETING DATE: September 23, 2025
SUBJECT: Consideration of Resolution 2025-133, Award of a Professional Services Contract to Peckham & McKenney to conduct the Executive recruitment for the City of Banning next Permanent City Manager in the amount of $32,050.00.

RECOMMENDATION:

Adopt Resolution 2025-133.

BACKGROUND:

The City currently has a vacancy in the City Manager position, which is being temporarily filled by an Interim City Manager. In response, the City Council provided direction to staff to initiate the recruitment process for a permanent City Manager.

To carry out this directive, staff solicited proposals from qualified executive recruitment firms with experience in municipal leadership placements. After a review process, two firms were identified as finalists: Ralph Andersen & Associates and Peckham & McKenney.

On Tuesday, September 9, 2025, City Council conducted interviews with both firms. Following the interviews and subsequent deliberations, the City Council selected Peckham & McKenney as the preferred executive recruiter to conduct the search for the City’s next City Manager.

JUSTIFICATION:

Engaging a professional executive recruitment firm ensures the City will have access to a broad pool of qualified candidates, benefit from specialized expertise in municipal executive placements, and provide transparency and confidence in the selection process.

FISCAL IMPACT:

The fees proposed all-inclusive fee by Peckham & McKenney is $32,050.00.

The fee for the recruitment services is budgeted and will be paid with expense account 001-1300- 412.33-11.

ALTERNATIVES:

Do not approve Resolution 2025-133 and provide alternative direction to staff.

BUDGETED?:

Yes
308
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-133.docx

2. PSA For Executive Recruitment Services for City Manager

3. Proposal by Peckham McKenney 7-30-25.pdf
309
Resolution 2025-133

Page 1 of 4 ends

Banning City CouncilSeptember 23, 2025

Banning City Council
September 23, 2025