02-15-2011 - Public Hearing Palmview Park Master Plan Amendment - Item 8 Attach 5 (2).pdf-ATTACHMENT 5 =, RESOLUTION NO. 2000-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PALM VIEW PARK MASTER PLAN AMENDMENT NO.2 PALMVIEW PARK MASTER PLAN AMENDMENT NO. 2 CATEGORICAL EXEMPTION APPLICANT: City of West Covina LOCATION: Palmview Park 1340 E. Puente Avenue WHEREAS, on July 14, 1980, the City Council adopted the Palmview Park Specific Plan: and WHEREAS, on May 16, 1995, the City Council adopted Resolution No. 9219, approving Palmview Park Specific Plan Amendment No. 1, allowing for the installation of a field lighting system on the existing softball field; and WHEREAS, Palmview Park Specific Plan Amendment No. 1 included conditions that (1) restricted the use of ballfield lighting to Wednesday, Thursday, Friday, and Saturday evenings of each week; and (2) required the Traffic Committee to review measures aimed at minimizing non-residential traffic and on-street parking on surrounding streets; and WHEREAS, a request has been initiated to modify the times allowed for the use of lights at the existing ballfield; and WHEREAS, the Human Services Commission, upon giving notice, did on the 9th day of May, 2000, conduct a duly advertised public meeting to consider said request: and WHEREAS, the Planning Commission, upon giving the required notice, did on the 28th day of November, 2000, conduct a duly advertised public hearing as prescribed by law to consider said application; and .n A. „ WHEREAS, on November 28th, 2000, the Planning Commission did adopt Resolution No. 11-00-4658 recommending to the City Council approval of Palmview Park Master Plan Amendment No. 2; and WHEREAS, the City Council did, upon giving the required notice, did on the 12th day of December, 2000, conduct a duly advertised public hearing as prescribed by law to consider said request; and WHEREAS, based on the evidence presented to the City Council, both oral and documentary, the City Council finds as follows: 1. The proposed amendment is consistent with the City's General Plan policy for development of a neighborhood park. 2. The proposed amendment is consistent with the General Plan Environmental Quality Element which adopts, as a goal, "the periodic evaluation of the facilities in parks." 3. The proposed amendment is consistent with the Palmview Park Master Plan. 4. The proposed amendment modifies the use of lighting for the ballfield but does not require construction or changes to the design of the park.
-4for Steve\Helrfert City Clerk Janet Berry NOW THEREFORE, BE IT RESOLVED, the City Council of the City of West Covina does hereby approve Palmview Park Master Plan Amendment No. 2, subject to the following conditions: a. Amend Condition 3.m. of Palmview Park Master Plan Amendment No. 1 as follows: Ballfield lighting shall be limited to use on Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday evenings of each week. No use is permitted on Sunday evenings. b. An on/off switch shall be installed on the ballfield lighting timer mechanism to allow the lights to be turned off manually if games are completed earlier than 8:50 p.m. 6. That the City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED this 12th day of December 2000. ATTEST City Clerk Janet Bert; I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing resolution was adopted by the City Council of the City of West Covina, at a regular meeting held on the 12th day of December 2000 by the following vote, to wit: AYES: Howard, Melendez, Touhey, Wong, Herfert NOES: None ABSENT: None APPROVED AS TO FORM: Cit3lAttorney'Am Alvarez-Glasman
,-ATT-Aq-IMENT RESOLUTION NO. 9219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PALMVIEW PARK SPECIFIC PLAN AMENDMENT NO. 1. PALMVIEW PARK MASTER PLAN AMENDMENT NO. 1 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: City of West Covina LOCATION: Palmview Park 1340 East Puente Avenue WHEREAS, the City Council, on July 14, 1980, adopted the Palmview Park Specific Plan; and WHEREAS, the park is currently developed with amenities which include a softball field, community youth center, basketball court, a tot lot and playground, picnic.shelters, restroom facilities, and public parking; and WHEREAS, the City Council has initiated a request for consideration of the installation of a field lighting system on the existing baseball field; and WHEREAS, the Human Services Commission, upon giving the required notice, did on the 13th day of December, 1994, conduct a duly advertised public hearing as prescribed by law to consider said request; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 28th day of March, 1995, conduct a duly advertised public hearing as prescribed by law to consider said request; and WHEREAS, the Planning Commission did, upon considering oral and documentary evidence, adopt Resolution No. 04-95-4293 recommending that the City Council disapprove Palmview Park Master Plan Amendment No. 1. WHEREAS, the City Council, upon giving the required notice, did on the 2nd day of May, 1995, conduct a duly advertised public hearing as prescribed by law to consider said request; and WHEREAS, based on the evidence presented to the City Council, both oral and documentary, the City Council finds as follows: 1. The proposed amendment is consistent with the City's General Plan policy for development of a neighborhood park in West Covina. The proposed amendment is consistent with the General Plan Environmental Quality Element which adopts, as a goal, "the periodic evaluation of the facilities in parks." 3. The proposed amendment is planned and designed in a manner which is consistent with the Palmview Park Specific Plan. 4. The proposed amendment incorporates design features which promote the appearance and safety aspects of the park and its facilities. 95-0621/C: C C/PVM P 1. DOC/KA/PALMVI EW/srg
) Resolution No. 92,/9 Palmview Park Master Plan Amendment No. 1 Negative Declaration of Environmental Impact May 16. 1995- Page 2 An initial .study prepared for the subject project has disclosed that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated into the project's design and as conditions of approval. A Negative Declaration of Environmental Impact has been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act of 1970, as amended. NOW THEREFORE, BE IT RESOLVED, the City Council of the City of West Covina does hereby approve Palmview Park Master Plan Amendment No. 1, subject to the following conditions: Comply with Study Plan "A", dated May 2, 1995. The applicant shall meet any and all monitoring and reporting requirements necessary to ensure compliance with the mitigation measures contained in the Negative Declaration of Environmental Impact as those may be determined by the City, including but not limited to entering into an agreement to perform and/for monitoring and reporting during project construct and implementation. The applicant further agrees he/she will cease construction of the project immediately upon written notice upon a violation of such requirements and that such a provision may be part of any agreement of the City and applicant. Comply with the mitigation measures as outlined in the Initial Study/Environmental Assessment, prepared on March 9, 1995, as follows: Normal wetting procedures or other dust palliative measures shall be followed during demolition/excavation activities to reduce fugitive dust emissions in order to meet AQMD Rule 403 requirements. Construction activity shall comply with the City's noise ordinance. Prior to commencing use of the lighting system, a light impact assessment shall be completed to determine whether additional mitigation measures are necessary. Should additional measures be deemed necessary, the City may require, by way of example, but not be limited to, the use of glare shields/hoods/louvers, tree planting, and adjustments to the aiming of the lighting fixtures. Several 48-inch box trees shall be planted on the west side of the park adjacent to the field, to minimize the effects of light and glare to surrounding residential properties. e. Any amplified public address system used on the field shall be turned-off at 8:00 p.m. on the proposed lighted baseball field. Speakers for an amplified public address system shall be oriented away from adjacent residences. Signs shall be posted to prohibit use of noise making devices (horns, drums, etc.) after 8:00 p.m. Facility Use Agreements shall specify that recreational activities will cease at a time to assure that field lights will be out by 9:00 p.m. 95-0621/C:CC/PVMPtDOC/KA/PALMVIEW/srg
Resolution No. 9119 Palmview Park Master Plan Amendment No. 1 Negative Declaration of Environmental Impact May 16, 1 995 - Page 3 The Human Services Department shall conduct annual assessments prior to executing Facility Use Agreements in order to include such other additional provisions/conditions which will eliminate or minimize noise impacts on adjacent properties. The assessments shall, at a minimum, consider each league's compliance with the conditions of approval, complaints received, changes in league operations, etc. Community center events and recreation activities shall be scheduled to minimize potential conflicts in order to minimize the cumulative demand for parking at the park. k. An automatic timer shall be installed to turn off 50% of the lights for the system at 8:50 p.m. and turn off the remaining lights, except security lights, at 9:00 p.m. The Traffic Committee shall review measures aimed at minimizing non-resident on-street parking on streets in the vicinity of the Park and, upon consultation with neighborhood residents, implement appropriate parking control measures. m. Ballfield lighting shall be limited to use on Wednesday through Saturday of each week. No use is permitted on Sunday, Monday, and Tuesday. FINALLY RESOLVED, the City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 16th day of May, 1995. 95-0621/C:CC/PVMP1.DOC/KNPALMVIEW/srg
) Resolution No. 9219 Palmview Park Master Plan Amendment No. 1 Negative Declaration of Environmental Impact May 16, 1 99 5 - Page 4 ATTEST: /1,(JZ2/7f City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF WEST COVINA ) I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was duly adopted and passed at a regular meeting of the City Council on the 16th day of May, 1995. AYES: McFadden, Touhey, Herfert NOES: Wong ABSENT: Manners City Clerk / APPROVED AS TO FORM: . 01)y on C1t9 Attorney 95-0621/C:CC/PVMPtDOC/KA/PALMVIEW/srg
ATTACHMENT 7 AGREEMENT FOR USE OF ATHLETIC FACILITEES PREAMBLE The City of West Covina provides a wide variety of municipal services to its residents, one of which is recreation. To accomplish this service; the City has developed and actively maintains a number of athletic fields and facilities designed to meet the needs, interests and desires of the community. In addition, the City implements a number of recreational programs, and strategically coordinates these programs to provide the best services possible to City residents. Although the City's athletic fields and facilities are dedicated to the benefit of all City residents, the City recognizes that organized sports are a fundamental component to healthy lifestyles and a thriving community. To this end, the City has determined that it is beneficial to occasionally designate a particular field and/or facility, for a specified period of time and for the agreed-upon use, to a local sports organization. AGREEMENT This Agreement for Use of Athletic Facilities ("Agreement") is made and entered into as of Nov. 21-1 12_0 1 0 , by and between the City of West Covina, a municipal corporation (hereinafter referred to as "CITY"), and auFs..c. CoAsr LT-m.6 IGAGLA.F. (hereinafter referred to as "LEAGUE") for the use and maintenance of CITY-owned athletic fields, community centers and various other facilities specified in Exhibit #1 (hereinafter referred to as either "FACILITY" or "FACILITIES" as the context may require). CITY and LEAGUE may be referred to herein individually as "Party" and collectively as the "Parties." RECITALS WHEREAS, LEAGUE has completed and submitted the attached Facility Use Application, a true and correct copy of which is attached hereto as Exhibit #1 and incorporated herein by this reference; WHEREAS, CITY has approved LEAGUE's use of the FACILITIES as described in the attached application; and WHEREAS, LEAGUE and CITY desire to enter into this Agreement in order to specify the obligations of the Parties with respect to LEAGUE' s use of CITY' s FACILITIES. NOW, THEREFORE, for and in consideration of the agreements herein contained, CITY and LEAGUE hereby agree as follows: 1. DOCUMENTS. The following documents shall be incorporated into, and made part of this Agreement: a. Facility Use Application (Exhibit #1); b. Facility Allocation & Use Procedures (Exhibit #2); c. Athletic Fields Schedule of Activity (Attachment A); d. Required Documentation (Attachment B); and 1
Calendar of Required Documentation & Penalties for Non-Compliance (Attachment C). SCHEDULING OF FACILITIES. a. CITY, in its sole discretion, shall approve all scheduling of uses of the FACILITIES based upon the assumed and stated needs of the entire community. b. LEAGUE agrees to submit all required documentation by the due dates outlined in Attachments B and C to Exhibit #2. USE OF FACILITIES. a. At all times, LEAGUE shall use the FACILITIES in conformance with, and cause to be enforced, all federal, state and local laws, as well as CITY's rules, regulations and policies. b. LEAGUE agrees to provide all personnel necessary to supervise and conduct its activities at the FACILITIES as specified in its Application. c. In order to avoid disturbances to surrounding neighborhoods and CITY residents, LEAGUE agrees to comply with CITY's noise regulations outlined in Chapter 15 Article IV Section 15-85 of the West Covina Municipal Code. d. In order to minimize any adverse impact on CITY streets in surrounding neighborhoods, LEAGUE shall direct its participants to park in designated parking lots at the FACILITIES, and shall ensure such parking lots are fully utilized. e. If permanent restrooms are not provided at a particular FACILITY, LEAGUE shall be responsible to provide sanitary restrooms for its participants at all times. f. LEAGUE shall be responsible for all damages or injury to property or equipment caused by LEAGUE, its agents, employees and participants (collectively, the "LEAGUE"). In the event that CITY determines that property or equipment has been damaged as a result of LEAGUE's use, CITY shall notify in writing LEAGUE of the cost of such damages, and LEAGUE shall fully reimburse CITY for any and all costs of repair, and any penalties assessed per Attachment C. Failure to reimburse CITY within thirty (30) days of CITY's written notification to LEAGUE may result in immediate termination of this Agreement and may disqualify LEAGUE from any future use of the FACILITIES. g. LEAGUE shall be responsible for the use of the snack bar. CITY shall conduct a pre-inspection of the snack bar prior to LEAGUE's use. CITY's pre-inspection shall include written and photographic documentation of the condition of the snack bar prior to LEAGUE's use. LEAGUE shall be responsible for restoring the snack bar to the condition the snack bar was in prior to LEAGUE's use. After LEAGUE's use of the snack bar, CITY shall conduct a post-inspection of the snack bar. In the event that the post-inspection reveals damages as a result of LEAGUE's use, CITY shall notify LEAGUE, and LEAGUE shall fully reimburse CITY, pursuant to sub-paragraph f, above. h. The set up of temporary equipment shall be performed by LEAGUE only upon prior approval from the CITY's Maintenance Division. i. LEAGUE shall not change any CITY locks without the prior written authorization of CITY. If written authorization is given, LEAGUE shall provide CITY a copy of all keys to the FACILITIES.
LEAGUE shall not permit vehicles on any maintained fields or public green space at the FACILITIES, at any time. 4. MAINTENANCE OF FACILITIES; CITY'S OBLIGATIONS. a. CITY, as the owner of the FACILITIES, may take all necessary and appropriate actions to maintain the FACILITIES. CITY' s maintenance of FACILITIES includes, but is not limited to: i. Maintenance of: 1. All irrigation and potable water systems; 2. Parking lots; 3. Trees, plants and other landscape features; 4. Perimeter fencing, backstops, dugouts and bleachers; 5. Athletic and security lighting; 6. Picnic areas; 7. Restrooms; 8. All building structures; 9. Utilities; 10. Fire suppression system; and 11. Grills. ii. Provision of brick dust. iii. Repair of walkways. iv. Mowing and trimming the outfield grass. v. Replacement of light bulbs. vi. Provision of pest control once per year if needed prior to season opening. b. LEAGUE agrees that, in no event, shall CITY be required to perform any increased level of maintenance with respect to its FACILITIES, unless mutually agreed upon in writing. c. CITY shall set minimum acceptable maintenance standards for FACILITIES according to the Maintenance Division. d. CITY will endeavor to coordinate and conduct its routine maintenance program for the FACILITIES in such a manner as to not disrupt an approved and scheduled use of the FACILITIES by LEAGUE. e. In the event that emergency work or repairs are required at its FACILITIES, or in the event of inclement weather, CITY reserves the right to suspend the availability of its FACILITIES, or to close any area to LEAGUE, until all necessary maintenance and/or repairs are completed, or until it is safe to use the FACILITIES. f, With respect to any facilities not owned by CITY, maintenance will be the responsibility of the owner of such facilities and special maintenance arrangements concerning these sites should be directed to the respective owners thereof. MAINTENANCE OF FACILITIES; LEAGUE'S' OBLIGATIONS. a. LEAGUE shall at all times during the term of this Agreement, at its sole expense, maintain the FACILITIES and all portions thereof, and all surrounding areas in good order and repair, and in a safe and clean condition. LEAGUE' s maintenance obligations shall include: i. Maintenance of: 3
I. Grounds and walkways, including daily pick-up of trash, rubbish and debris produced by LEAGUE; 2. Snack bar, including amenities such as the refrigerator, freezer, ice machine, microwave, other portable cooking items, and the phone (if applicable); 3. Restrooms attached to snack bar, including ensuring the restrooms are properly stocked for the duration of LEAGUE's activities; 4. Any item installed by LEAGUE; and 5. Brick dust for infield areas as necessary to maintain playability. ii. Immediate reporting to CITY's Maintenance Division upon discovery of: 1. Any plumbing problems at the FACILITIES; 2. Any safety problems at the FACILITIES; 3. Any damage to the FACILITIES; and 4. Any acts of vandalism at the FACILITIES. iii. Spot watering of brick dust areas. iv. Building repairs if damaged by LEAGUE. v. Provision of pest control more than once per year if needed due to programming. vi. Provision of all cleaning and operation supplies. vii. Painting of the dugouts and score booth. viii. Proper disposal of all oils, grease, foods, etc. b. LEAGUE shall maintain the FACILITIES in the same or in better condition as the FACILITIES were found prior to LEAGUE's use of the FACILITIES, with the exception of reasonable wear and tear. c. LEAGUE shall maintain the FACILITIES free of all trash, rubbish and debris at all times. d. LEAGUE shall not burn any lines into the grass or use any chemicals on the turf. e. LEAGUE expressly acknowledges that FACILITIES may be closed by CITY at any time to allow for recovery due to heavy usage (see Exhibit 4#2, Attachment "A"). In the event CITY decides, in its sole discretion, to close its FACILITIES due to rain or other conditions, LEAGUE shall not use such closed FACILITIES. In the event LEAGUE fails to comply with this section, LEAGUE shall be responsible for all damages occurring due to LEAGUE's use of the closed FACILITY, and CITY may terminate T .F.A.GUE) s Facility Use Permit. f. In the event new turf has been established at FACILITIES (including football fields, baseball fields, softball fields, soccer fields or adjoining CITY-owned land), LEAGUE shall be prohibited from mowing or using equipment to alter or add to such areas unless authorized by the Maintenance Division. g. LEAGUE shall reimburse CITY within thirty (30) days of receipt of written invoice, for CITY' s actual expenses, including CITY's reasonable overhead charge, for any previously approved increased level of maintenance between LEAGUE and CITY. LEAGUE further agrees to reimburse CITY for any vandalism and/or damages that occur during LEAGUE's use of the FACILITY. 6. NON-EXCLUSIVE USE. This Agreement does not give LEAGUE any right to the exclusive use of the FACILITIES, including restroorns or other amenities. Bakers Commodities may be contacted at 1-800-427-0696.
0 ASSIGNMENT. LEAGUE agrees that neither this Agreement, nor any duties, rights, or obligations under this Agreement, shall be assigned to or transferred to any persons, teams, or leagues other than LEAGUE, without prior written consent of CITY. If LEAGUE assigns or transfers use of the FACILITIES to any persons, teams, or leagues other than LEAGUE, without prior written consent of CITY, CITY may terminate LEAGUE'S use of FACILITIES. INSPECTION. CITY shall have the right to enter and inspect the subject FACILITIES any time. SIGNS. No signs shall be erected or displayed at or on the FACILITIES described herein without prior written consent of CITY. Such a request for approval shall be directed to the Community Services Director or his/her designee. No sponsor advertising sign shall be installed at or on the FACILITIES or surrounding grounds without prior written consent of CITY. IMPROVEMENTS. a. The re-naming of any FACILITY must be in writing and submitted to the Community Services Director and is subject to City Council approval. b. The removal, alteration, or addition to any FACILITY, and the construction of any kind to existing structures at the FACILITIES, must be performed by CITY and/or a contractor approved by the CITY's Maintenance Division. This shall include any proposed changes that would alter the design or appearance of the existing landscape of said FACILITIES. No trees, shrubs, or ground covers shall be planted, trimmed or removed without prior written consent of CITY. c. All requests for removal, alteration or addition to any FACILITY or grounds or for the construction and painting of any kind to existing structures at the FACILITIES must be submitted to CITY for consideration, review, and approval at least sixty (60) days prior to the date any proposed change(s).is needed. d. LEAGUE shall not alter sprinklers and/or irrigation without written authorization from Maintenance Division. e. Nothing in this Section shall be interpreted as prohibiting CITY's normal maintenance of the FACILITIES. 11. TITLE TO IMPROVEMENTS. All alterations and additions to the FACILITIES, and all construction of any kind to existing structures at the FACILITIES, shall become the property of CITY upon expiration of this Agreement. Nothing contained in this paragraph shall authorize LEAGUE to make or place any alterations, changes or improvements on the subject FACILITY without prior written consent of CITY. 12. ATTORNEYS' FEES. Should any litigation be commenced between the Parties hereto interpret or enforce provisions of the Agreement, the prevailing party in such litigation shall be entitled to recover costs and reasonable sum of attorneys' fees, in addition to any relief to which the Party may be entitled at law or in equity, 13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California,
14. LIABILITY INSURANCE. Throughout the term of this Agreement, and at LEAGUE's own cost and expense, LEAGUE must separately maintain policies of insurance affording general liability coverage with a combined single limit of One Million Dollars ($1,000,000.00) per occurrence. In addition, LEAGUE shall separately carry property insurance in an amount equal to one hundred percent of the full replacement value of the FACILITIES. Before commencement of this Agreement, LEAGUE shall submit separately to CITY a Certificate of Evidence of said insurance, which shall contain an endorsement listing CITY as additionally insured. Without limiting LEAGUE's indemnification, LEAGUE shall secure from a good and responsible company doing insurance business in the State of California, pay for, and maintain in force and effect for the duration of this Agreement a policy of General Liability Insurance covering LEAGUE. In addition, LEAGUE shall furnish a copy of the policy to the Community Services Department before execution of this Agreement by CITY. Notwithstanding any inconsistent statement in the policy or any subsequent endorsement attached thereto, the protection offered by the policy shall: a. Include CITY named as additional insured and loss payee on insurance policy; b. Insure CITY and its officers, attorneys, employees and agents while acting within the scope of their duties under this Agreement against all claims arising out of, or in connection with, the Agreement; and c. Bear an endorsement or shall have a rider attached providing that, in the event of expiration or proposed cancellation of such policy for any reason whatsoever, CITY shall be notified by registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before such expiration or cancellation is effective. INDEMNIFICATION. LEAGUE shall indemnify, defend, protect and hold harmless CITY, its agents, officers, elected officials, representatives, employees, and volunteers (collectively, the "CITY") from and against any and all claims, loss, liability or expense, including reasonable attorneys' fees, court costs, and necessary disbursements, for any damages whatsoever, including but not limited to, bodily injury, death, or injury to property, arising or alleged to arise from any act or omission of LEAGUE, its agents officers, or employees in the performance or non-performance of this Agreement. 16. INDEPENDENT CONTRACTOR. The Parties agree that, in the performance of this Agreement, LEAGUE's agents, officers, or employees shall not be considered officers, employees, or agents of CITY_ Accordingly, LEAGUE's agents, officers, and employees are not entitled to benefits of any kind or nature normally provided CITY employees and/or, to which CITY employees are normally entitled, including but not limited to, Worker's Compensation. 17. NON-DISCRIMINATION. The Parties agree that in providing use of the FACILITIES, the hiring of staff, and the selection and use of volunteers, all persons will be treated equally and without regard to or because of race, color, religion, ancestry, national origin, gender, age, sexual orientation, marital status or disability, and in compliance with all anti-discrimination laws of the United States of America and the State of California.
The Comrnunity Services Department is committed to achieving gender equity in youth sports programs that are operated on City-owned land and within City facilities. It is the Department's hope that all youth may aspire to, and have the opportunity to participate in City sports programs that meet their interests and capabilities. If there are any concerns regarding gender equity please contact the City's Anti-Discrimination Coordinator and AB2404 Compliance Coordinator at 626.939.8430. NOTICES. Whenever it shall be necessary for either Party to communicate with the other Party regarding this Agreement, notice shall be served by registered mail, postage prepaid, and addressed as follows: A) City of West Covina Attn: Recreation Services Division 1444 West Garvey Avenue West Covina, CA 91790 League AST LiTTLE (...V16(4- Attn: SI^GvF '&6 tvr-43,---17- 12.161 e. yvi 6120-Dv 51-12-&-GT voEsi Covirill CA I "761(.3 19. ENTIRE AGREEMENT. This Agreement supersedes all agreements, tither oral or written, between the Parties hereto with respect to LEAGUE's use of the subject FACILITY and contains all of the covenants and conditions between the Parties with respect to the use of the subject FACILITY. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement will be effective unless it is in writing and signed by both Parties. 20. NON-WAIVER. The failure of CITY or LEAGUE to insist upon strict performance of any of the terms, conditions, or covenants in this Agreement shall not be deemed a waiver of any right or remedy which CITY or LEAGUE may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of terms, conditions, or covenants herein contained. TERMINATION. Notwithstanding any other provisions hereof, CITY may terminate this Agreement immediately with or without cause upon delivery to LEAGUE of written notice, 22. SEVERABILITY. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any part of this Agreement is held to be invalid, the remainder of the Agreement shall not be
affected and shall continue in full force and effect. To this end, the provisions of this Agreement are severable, 23. AUTHORITY. The person(s) executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute and deliver this Agreement on behalf of said Party. The LEAGUE's Representative set forth below is responsible for holding LEAGUE's volunteers, agents, spectators, and players in compliance with this Agreement. The LEAGUE's Representative is also responsible for all LEAGUE communication with CITY regarding this Agreement. 24. TERM. This Agreement shall be effective from NOV. 2-t.i 2oiD through and including-S-1.,"3.6 2on. IN WITNESS WHEREOF, this Agreement has been duly approved by both CITY and LEAGUE: LEAGUE BY: Sre ye Title: ELIFs 'S'f) t5 r•51— Dated: H 24 2-0 I bi CITY OF WEST COVINA By: Title: Dated:
DATE: TO: FROM: L) ATTACHMENT 8 Pacific Coast Little League P.O. Box 1452, Covina, CA 91722 — (626) 502-7255 October 22, 2010 Lyndel Morgan City of West Covina Steve Bennett — President On behalf of the Board of Directors Pacific Coast Little League RE: Palm View Park — Baseball Field Lights 8z. Permanent Revision to the Park Master Plan Lyndel, PCLL would like to formally ask that the lights for the baseball field at Palm View Park be extended to turn off at 10:00pm. We understand that this is a request to make a permanent revision to the Park Master Plan and must be reviewed by Commission and then by the City Council to facilitate this adjustment. The reasons for this request are provided in this letter. 1) Safety — Currently the lights turn off about 9:00pm daily. We have found that we cannot start a baseball game prior to 5:00pm on a weekday night. Thus we are unable to complete two games on a given night of the week. Example: if one game starts at 5:00pm and ends at approximately 7:00pm the next game will start about 15 minutes after that. This second game is then in progress and nearing the end when the lights turn out and if a ball is pitched errantly when this happens a batter may be injured. The same could happen if a batted or thrown ball is in the air when the lights turn off 2) Game Schedules - We had about 17 teams in the league for the 2010 season which was an increase from the previous season and plan on adding more for the 2011 season. With the added teams come additional games that need to be played. Currently with the field schedule we can accommodate about 10 games during the weekday nights. That is 5 games on the smaller school field and 5 games on the larger city field. In 2010 we had to play one night a week with two games on the city field. In the Little League rules we are not to instill time limits on the Major Division games. However we do instill time limits of 2 hours on our lower divisions. But if the Major division games start at 7:15pm on a weekday night they will end up having the lights turn out during the final innings of the game. By extending this light time we can ensure that all children will be able to finish their games and maximize their youth sports experience in a safe manner. 3) Enhanced Playing Experience—By allowing the field lights to be extended we as a league will be able to continue to provide a quality and safe playing environment for more children and allow the league to increase its registrations and teams. This in turn will allow more West Covina residents an opportunity to participate in a quality youth organization. We at Pacific Coast Little League have spent the last two seasons turning around a onCe problematic league to a league that is proud of its relationship with the city and the youth in the city. We know that we can continue to set an example for the city and provide a quality and safe playing, environment through the years to come.
) fc•90 Pacific Coast Little League 4.8 P.O. Box 1452, Covina, CA 91722 — (626) 502-7255 E. \`'66414'64' f”' n 4 As you can see we have listed just a couple of many reasons that we believe are solid examples of how this request will better the city and those around the park. We are aware that we may face opposition from a couple of residents with the added light times, but we feel those will be limited to just a few and the majority will be open to the prospects of the league and betterment of the youth in the city. In regards to budgeting and costs to the city, we as a league will do our part to continue to limit our field light usage. We understand that with all things come responsibility and our board of directors has agreed that they are in support of this proposal and the responsible light usage. We will work to ensure that immediately after the game completion the field lights will be turned off and lower cost lighting will be used to allow us to clean up the dugout and field after the final game of the night. We will also do our best to schedule games to facilitate no light use whenever possible. With the great relationship of the city and the league we believe this will be a very successful season for everyone involved. We look forward to a great 2011 baseball season. Sincerely, Steve Bennett President Pacific Coast Little League 626-625-7400 — Mobile 626-502-7255 — League Phone pcllboard@gmail.com