RESOLUTION 2023-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AMENDING THE COOPERATIVE AGREEMENT WITH RIVERSIDE COUNTY TO
PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL
EMERGENCY SERVICES FOR THE CITY OF BANNING
WHEREAS, the City of Banning and the County of Riverside have entered into A Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Banning (“Agreement”) dated June 22, 2021; and
WHEREAS, the City desires to amend the Agreement by increasing the staffing levels provided by the County under the Agreement to include an Assistant Fire Marshal; and WHEREAS, the City intends to adopt fees a future date to support the proposed increased staffing levels.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council hereby approves Amendment No. 1 to the Agreement, attached hereto as Exhibit A, and authorizes the City Manager to execute Amendment No. 1 on behalf of the City Council.
SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this Resolution.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall cause the certified Resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 12th day of December 2023.
Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
1069
Resolution 2023-195
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young, City Attorney
Richards, Watson & Gershon
1070
Resolution 2023-195
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2023-195, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of December 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
1071
Resolution 2023-195
Exhibit A
Amendment No. 1 to Fire Services Contract with Riverside County 1072
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT
TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL
AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF BANNING
THIS AMENDMENT NO. 1 to that certain Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Banning dated June 22, 2021 (“Agreement”), is made and entered into this 12th day of December, 2023, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department, (hereinafter referred to as "COUNTY") and the City of Banning, a duly created city (hereinafter referred to as "CITY"). And hereinafter may collectively be referred to as the "Parties".
SECTION I: PURPOSE
A. The COUNTY has contracted with the CITY, individually pursuant to that the Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the CITY.
B. The CITY desires to increase staffing under the Agreement through the addition of an Assistant Fire Marshal.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1, the Parties mutually agree follows:
SECTION II: TERM
The term of the Agreement is hereby extended to June 30, 2025 and shall be subject to the Parties’ approval of extensions thereafter. The Parties will work together to determine the need for an extension of the Agreement prior to the start of the FY 2025/26 budget process.
SECTION III. INDEMNIFICATION
The indemnification provisions as provided in the Agreement shall apply to this Amendment No. 1.
SECTION IV: DELIVERY OF NOTICES
All notices permitted or required under the Agreement shall be given to the respective Parties at the following address, or at such other addresses as the 1073
respective parties may provide in writing for this purpose.
COUNTY OF RIVERSIDE CITY OF BANNING
County Fire Chief City Manager
210 W. San Jacinto Ave. 99 E. Ramsey
San Jacinto, CA 92570 Banning, CA 92220
Any notice required to be given under the Agreement to either Party shall be given by personal delivery or be depositing such notice in the U.S. mail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service.
SECTION VIII. GENERAL PROVISIONS
A. ALTERATlON OF TERMS.
No addition to, or alteration of, the terms of this Amendment No. 1, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to the Agreement, which is formally approved and executed by all Parties.
B. JURISDICTION AND VENUE.
This Amendment No. 1 is to be construed under the laws of the State of California. The Parties agree to the jurisdiction of the appropriate courts in the County of Riverside, State of California.
C. WAIVER.
Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of the terms of this Amendment No. 1 shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Amendment No. 1 shall not be construed as in any manner changing the terms hereof, or estopping the CITY or COUNTY from enforcement hereof.
D. SEVERABILITY.
If any provision in this Amendment No. 1 is held by a court of competent 1074
jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
E. ADMINISTRATION
1. The COUNTY Fire Chief shall administer this Amendment No. 1 on behalf of the County of Riverside.
2. The CITIY’s City Manager shall administer this Amendment No. 1 on behalf of its own City.
F. ENTIRE AGREEMENT
This Amendment No. 1 is intended by the Parties hereto as a final expression of their understanding, with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect.
G. COUNTERPART AND ELECTRONIC SIGNATURES
This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Amendment No. 1 and such other documents transmitted by the Parties. [Signature Provisions on following page]
1075
IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.
CITY OF BANNING COUNTY OF RIVERSIDE
Mayor
City of Banning
Chairperson,
Board of Supervisors
ATTEST: ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young, City Attorney
Richards, Watson & Gershon
(SEAL)
1076
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: December 12, 2023
SUBJECT: Update to the City Council on Potential Grants for the Repplier Park Playhouse Bowl Improvements
RECOMMENDATION:
Receive and file.
BACKGROUND:
The Playhouse Bowl Amphitheater in Repplier Park is an amazing gem and has a long and storied history in Banning. The amphitheater is home to one of Banning Signature Events, the Evening Concert Series held in August each year. The concert series began in 1952 and has run for over 70 years. The series has an annual compliment of four or five Thursday night concerts with up to 2,000 people in attendance for each concert. Many of the attendees are from neighboring cities. Additionally, the amphitheater hosts many private functions from birthday parties, music events and a number of religious fellowship outreach events each year. The Playhouse Bowl has also held numerous school activities such as graduations, end of year parties and events offered by non-profits for the Community. Lastly, the Playhouse Bowl Building and Amphitheater holds a number of ongoing Parks and Recreation programs and events such as a preschool program, our annual summer day camp program and events such as our annual Hispanic Heritage Celebration.
The 2022 Hispanic Heritage event took place from 11:00 am to 3pm in late September. The temperatures were very warm that day and although there are trees that surround the amphitheater, the amphitheater seating area and stage have almost no protection from the sun. During the event there were hundreds of attendees who gathered off to the side of the Playhouse Bowl under trees to avoid the high temperatures and sun. Mayor Alberto Sanchez attended the event and has met with staff to discuss potential improvement ideas and led to a request to add this item to the Agenda.
The Parks and Recreation Commission is in the process of creating a capital improvement plan for the Parks System including the Playhouse Bowl Amphitheater and has met with members of the Playhouse Bowl Association to discuss desired improvements. As the Capital Improvement Plan is completed an approved, the hope is to start to have conceptual plans or shovel ready projects in place when funding is secured.
Some of the improvement ideas are smaller and within the scope of general park and facility maintenance and the park’s staff have made some improvements and will make additional improvements over the next year such as:
Stage improvements; small concrete work, re-coating the stage itself Removal of rock amenities on either side of the stage
Repairs of concrete in seating area disturbed by root growth 1077
Painting the interior of the Playhouse Bowl Building.
Some larger improvements such as lighting improvements such as up-lighting in walkways, perimeter lighting around seating area, and replacement of bleacher lighting. The Banning Electric Utility installed string lighting around the perimeter prior to the 2023 August Concert Series and they were an amazing addition and the Electric Utility has been assisting with a consultant to look at options for up-lighting as well as bleacher lighting.
Lastly, there are a number of larger improvements that are still being discussed and require significant funding. Some of those improvements include:
The installation of shade over seating area and stage;
Replacement of the existing bathrooms and or installation of additional restroom facilities; Electrical upgrades for seamless band and equipment tie ins Playhouse Bowl Building redesign and expansion.
In 2009 the City had conceptual drawings made of potential Playhouse Bowl expansion and improvements but it was determined that the cost of the design options was prohibitive and did not go forward.
POTENTIAL GRANT OPPORTUNITIES
Staff continually looks at grant opportunities for park system improvements and has worked with our Grant Program Manager for potential grants for Playhouse Bowl Improvements.
Below is a list of potential funding sources that the Parks and Recreation Department is looking at for Playhouse Bowl Improvements that staff is investigating. This list is not inclusive of all opportunities but shows diverse opportunity directions:
Land and Water Conservation Fund and CNRA Urban Greening have funded shade structures and amphitheater projects in the past but, in combination with other amenities/upgrades. The Department has just submitted a grant application for the CRNA Urban Greening for improvements to Repplier Park that would include the installation of shade over both the Playhouse Bowl Stage and Amphitheater seating Area.
Statewide Parks Program is delayed until 2025. Statewide Park Program (SPP) The SPP is a California State Grant that can be used to improve existing as well as add Park Facilities.
The American Academy of Dermatology, shade structure grant maximum is $8,000. https://www.aad.org/public/public-health/shade-structure-grants Arts endowments and Foundations – One open opportunity is the National Endowment for the Arts - Our Town program will not pay for construction/renovations but, will pay for community-based planning and design of a new or remodeled facility ($25-50K grant with equal match required. https://www.arts.gov/grants/our-town
2023/24 PTG Shade Structure Program – open to 501c3 non-profits and schools. Applications due 12/31. https://qgi1wzfn.paperform.co/
Non-Profit and Family Foundations – One option we found was the Levitt Foundation “We partner with communities to activate underused outdoor spaces creating welcoming inclusive destinations where the power of free live music brings people together and invigorates community life.” Levitt.org Not currently open, but a possible option in the future.
Potential Corporate Giving and Grant programs – Numerous multi-national and National corporations offer Community funding options. Two examples are: T-Mobile Hometown Grant Program – Has a maximum award of $50,000 https://www.t-mobile.com/brand/hometown-grants Current application 1078
window deadline 12/31/23. Grant has 3 or 4 annual application windows Wells Fargo Community Giving – https://www.wellsfargo.com/about/corporate-responsibility/community-giving/ Potential Corporate Sponsorship – Naming rights for the amphitheater or the amenities could secure both one-time and ongoing funding options.
These are a few of the potential funding sources that staff is investigating. There are new funding opportunities available on a consistent basis and staff receives numerous grant opportunity reports each month and is always looking for potential grants for Park System improvements.
JUSTIFICATION:
The Playhouse Bowl Amphitheater is an amazing amenity for the City of Banning that is not used to its full potential. Staff has met with local artists about the potential for a annual jazz festival, a summer and seasonal theater program has been discussed as well as numerous small scale garage and battle of the band type of events are in the pipeline. Improvements to the Playhouse Bowl will benefit the community with the addition of varied cultural events and programs and can provide significant economic benefit to Banning.
FISCAL IMPACT:
There is no Fiscal Impact Associated with this item.
ALTERNATIVES:
Not applicable.
ATTACHMENTS:
1. Conceptual Playhouse Bowl Stage and Seating shade - July 2023.pdf
2. Concept Design Playhouse Bowl -2009.pdf
1079
view 1 City of Banning Amphitheater
con-jul-057-20 by: AZR 07.05.23
1080
view 2 City of Banning Amphitheater
con-jul-057-20 by: AZR 07.05.23
1081
Approved By :
Checked By :
Drawn By :
REV DESCRIPTION DRW CHK ENG DATE REV. DWG. DRAWING DESCRIPTION:
2580 ESTERS BLVD., SUITE 100
DFW AIRPORT, TX 75261
800-966-5005 CUSTOMER: PROJECT NAME: LOCATION: STRUCTURE TYPE: SIZE: PAGE CORPORATE HEADQUARTERS IAS CERTIFICATION No: FA-428 CLARK COUNTY MANUFACTURER CERTIFICATION NUMBER (NEVADA): 355 CERTIFICATIONS:
THESE PLANS AND SPECIFICATIONS ARE THE PROPERTY OF
USA SHADE AND FABRIC STRUCTURES
AND SHALL NOT BE REPRODUCED WITHOUT THEIR WRITTEN PERMISSION. OPTION 1 CON-JUL-057-20 1001 CITY OF BANNING REPPLIER PARK AMPHITHEATER 201 W GEORGE ST. BANNING, CA 92220 SAILS WITH FRAME VARIES AZR 07/29/20 AZR 07/29/20 AZR 07/29/20 PROPOSED PLAN VIEW TRUE NORTH NOTES: -THESE DRAWINGS ARE A PICTORIAL REPRESENTATION OF FABRIC AND STEEL ONLY. NONE OF THE REQUIRED ATTACHMENT OR CONNECTION DETAILS HAVE BEEN DEPICTED. -ALL DIMENSIONS AND HEIGHTS MUST BE FIELD VERIFIED PRIOR TO ANY FINAL DESIGN, FABRICATION OR INSTALLATION WORK. 49'-0" 32'-0" COLUMNS TYP. STEEL TRUSS TYP. FABRIC PANELS TYP. INSPIRATION INSPIRATION 1082
1083
Conceptual Site Plan
1084
Site Perspective View
1085
Concept Floor Plan
1086
Concept 1
1087
Concept 1 1088
Concept 2
1089
Concept 2 1090
Concept 3
1091
Concept 3
1092
Concept 3 Perspective View
1093
Concept 3 Perspective View
1094
Concept 3 Perspective View
1095
Concept 3 Perspective View
1096