04-19-2011 - Lease Agreement with T-Mobile to Co-Locate a Wirel - Item 2 (2).pdf
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Chris Freeland, Deputy City Manager
SUBJECT: LEASE AGREEMENT WITH T-MOBILE TO CO-LOCATE A
WIRELESS FACILITY AT FIRE STATION #5
RECOMMENDATION:
It is recommended that the City Council approve the proposed Lease Agreement authorizing T-
Mobile to co-locate a wireless facility on the existing public safety tower at Fire Station #5.
DISCUSSION:
T- Mobile has approached the City of West Covina to lease space and use the existing radio
tower at Fire Station #5, located at 2650 East Shadow Oak Drive to co-locate a wireless
communication system.
The proposed lease agreement calls for T-Mobile to lease 284 square feet of space in the area
adjacent to an existing building in the enclosed parking area at Fire Station #5 for ground
equipment and to co-locate six antennas on the existing City owned Public Safety Radio Tower.
The proposed design is attached (Attachment A). As part of this project, T-Mobile will also
make repairs and improvements to the existing wall that encloses the parking lot. The Planning
Commission unanimously approved the Conditional Use Permit and proposed design at the
March 22, 2011, Planning Commission Meeting. It is also important to note there were no
appeals of the Planning Commission decision received by the City.
The term of proposed lease with T-Mobile shall be for five years commencing with the issuance
of a building permit or one hundred eighty days from the full execution of this Lease, whichever
is earlier. T-Mobile has also agreed to pay the City rent of $2,300 per month with annual
increases of three percent (3%) beginning with year two and each succeeding year of the Lease
Agreement. In addition, T-Mobile has proposed that the terms of the lease may be extended for
five additional terms of five years each, at their sole option. In addition, T-Mobile will pay a
one-time installation fee of $30,000. A copy of the proposed lease agreement is attached
(Attachment B).
Over the past several months, residents have expressed concerns and opinions on a variety of
issues related to wireless communication towers. Attachment C includes a summary of those
issues, as well as information addressing those concerns. In addition, the West Covina Police
and Fire Chiefs have enclosed a letter in support of the City’s effort to bring additional wireless
communication towers to the community (Attachment D). Public Safety supports the
advancement of cellular technology as it provides additional tools to combat crime and provide
immediate emergency services through enhanced 911 services and communication of police and
fire personnel.
FISCAL IMPACT:
Currently, there are seven cell towers on City of West Covina property (BKK Radio Tower,
Cameron Park, Cortez Park, City Yard, Shadow Oak Park, Walmerado Park, and Next G Nodes
on two street lights). The towers at these locations generate approximately $245,000 in lease
revenue to the General Fund each year. In addition, the cell tower companies generate an
additional $285,000 a year in business licenses, for a grand total of $530,000 in General Fund
revenue a year.
T-Mobile has agreed to pay $2,300 a month in rent, with an increase of three percent (3%)
beginning with year two and each succeeding year of the Lease Agreement. In addition, T-
City of West Covina
Memorandum
A G E N D A
ITEM NO. 2
DATE April 19, 2011
Mobile will pay a one-time installation fee of $30,000 for use of the City’s Public Safety Radio
Tower.
The revenue from the proposed co-location of the T-mobile antennas on the City’s existing
Public Safety Radio Tower at Fire Station #5 will generate $57,600 in the first year, $176,532
over five years, and $1,343,081 over 30 years to the City.
Prepared by:
___________________________
Chris Freeland
Deputy City Manager
Attachments:
-Attachment A - T-Mobile Wireless Site Design for Fire Station #5
-Attachment B - T-Mobile Proposed Lease Agreement for Fire Station #5
-Attachment C - Summary of Resident Concerns
-Attachment D - Letter from Police and Fire Chiefs in Support of Wireless Communication
-Attachment E - Existing Wireless Towers in West Covina
T • Mobile-. atiCk together• n
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COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") dated as of
__________________, 2010 is between T-Mobile West Corporation, a Delaware corporation
("Lessee") whose address is 2008 McGaw Avenue, Irvine, CA 92614 and CITY OF WEST
COVINA, a Municipal Corporation ("Lessor") whose address is 1444 W. Garvey Ave., West
Covina, CA 91790.
The parties hereto agree as follows:
1. Premises. Lessor represents that Lessor owns the real property legally described
in Exhibit "A" commonly known as the “Communications Tower at Fire Station No. 5” (“Tower”)
located at 2650 E. Shadow Oak Drive., West Covina, CA 91792 ("Lessor's Property"). Subject to
the following terms and conditions, Lessor leases to Lessee space on the Tower for Lessee’s
antennas and associated equipment and that portion of Lessor's Property consisting of
approximately two hundred eighty-four (284) square feet, depicted in Exhibit "B", including any
applicable easements for access and utilities (the ''Premises'').
2. Use. Lessee may use the Premises for any lawful activity in connection with the
provision of mobile/wireless communications services, including without limitation, the
transmission, and the reception of radio communication signals on various frequencies and the
construction, maintenance and operation of related communications facilities. Lessor agrees, at no
expense to Lessor, to cooperate with Lessee, in making application for and obtaining all applicable
licenses, permits and any and all other necessary approvals that may be required for Lessee's
intended use of the Premises, including a West Covina business license.
3. Condition Precedent.
This Lease is conditioned upon Lessee, or Lessee's
assigns, obtaining all applicable governmental licenses, permits and approvals enabling Lessee, or
its assigns, to construct and operate mobile/wireless communications facilities on the Premises.
4. Term. The term of this Lease ("Term") shall be Five (5) years commencing with the
issuance of a local building permit allowing Lessee to construct its mobile/wireless
communications facilities on the Premises or One Hundred Eighty (180) days from the full
execution of this Lease, whichever is earlier ("Commencement Date"). Lessee shall have the right
to extend the Term of this Lease for Five (5) additional Terms ("Renewal Term") of Five (5) years
each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This
Lease shall automatically be extended for each successive Five
( 5) year Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to extend
this Lease at least thirty (30) days prior to the expiration of the first Five year Term or any Renewal
Term.
5. Rent. Provided the Lessor has issued Lessee a signed and complete W-9 Form and
Payment Directive form, (Exhibit "C"), Lessee shall pay Lessor, as rent, the sum of Two Thousand
Three Hundred and no/dollars ($2,300.00) ("Rent") per month, in advance, on the first day of each
month, to Lessor at Lessor's address specified below, except that the first payment of Rent shall be
payable within twenty (20) days of the Commencement Date. The monthly Rent shall increase
three percent (3%) of the lease Rent for the previous year, on each annual anniversary of the
Commencement Date during the term of this Lease including any Renewal Term(s). Lessee shall
pay to Lessor a one-time installation fee (“Up-front Fee”) of Thirty Thousand Dollars ($30,000.00)
for the use of the City’s existing communications tower, payable within sixty (60) days of the
Commencement Date. Rent payments shall be made payable to the City of West Covina, CA, c/o
Finance Department, 1444 West Garvey Ave., P.O. Box 1440 West Covina, CA 91793.
If the Commencement Date is other than the first day of a calendar month, Lessee may pay
on the first day of the Term the prorated Rent for the remainder of the calendar month in which the
Term commences, and thereafter, Lessee shall pay a full month's Rent on the first day of each
calendar month, except that payment shall be prorated for the final fractional month of this Lease,
or if this Lease is terminated before the expiration of any month.
Lessee shall have the right to modify, supplement, replace, upgrade, update, rewire, and
expand the equipment within the Premises. Any future increase in the leased space, number of
antennas, or any material alteration of the Communications Facilities requiring additional
governmental approval shall require prior written approval of the City and may be subject to an
amendment to the Agreement and/or renegotiation of the change.
Lessee agrees to use the Premises in accordance with all applicable laws and regulations of
governmental bodies with jurisdiction over the Premises and Lessee's Facilities (as defined below).
6. Improvements: Access.
(a) Lessee shall have the right (but not the obligation) at any time following the full
execution of this Lease and prior to the Commencement Date, to enter the Premises for the purpose
of making necessary inspections and engineering surveys (and soil tests where applicable) and
other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises
for Lessee's Facilities (as defined herein) and for the purpose of preparing for the construction of
Lessee's Facilities. During any Tests or pre-construction work, Lessee shall have and maintain at
all times during the term of this Lease, insurance as set forth in Section 12, Insurance. Lessee will
notify Lessor of any proposed tests or pre-construction work and will coordinate the scheduling of
it with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use,
then Lessee will notify Lessor and this Lease will terminate.
(b) Lessee has the right to construct, maintain, install, repair and operate on the Premises
radio communications facilities, including but not limited to, radio frequency transmitting and
receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and
receiving antennas and supporting structures and improvements ("Lessee's Facilities"). In
connection therewith, Lessee has the right to do all work necessary to prepare and maintain the
Premises for Lessee's communications operations and to install utility lines and transmission lines
connecting antennas to transmitters and receivers. Lessee shall have the right to install any warning
signs on or about the Premises required by federal, state or local law. All of Lessee's construction
and installation work shall be performed at Lessee's sole cost and expense and in a good and
workmanlike manner. Lessee shall at all times during the term of this Lease maintain the Premises
free and clear of all liens or rights of liens of contractors or subcontractors, material suppliers, or
laborer liens arising out of work performed by, or on behalf of, Lessee. Title to Lessee's Facilities
and any equipment placed on the Premises by Lessee shall be held by Lessee or its equipment
lessors or assigns. Lessee's Facilities shall not be considered fixtures.
(c) Lessor shall provide Lessee, Lessee's employees, agents, contractors, subcontractors
and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no
charge to Lessee. Lessor represents and warrants that it has full rights of ingress to and egress from
the Premises, and hereby grants such rights to Lessee to the extent required to construct, maintain,
install, and operate Lessee's Facilities on the Premises, and to remove them from there. Lessee's
exercise of such rights shall not cause undue inconvenience to Lessor.
(d) Lessee shall have access to the Premises from the nearest public roadway or
parking lot to the Premises in a manner sufficient to allow reasonable access. Lessee shall have the
right to install utilities, at Lessee's expense, and to improve the present utilities on or near the
Premises (including, but not limited to the installation of emergency back-up power). Subject to
Lessor's approval of the location, which approval shall not be unreasonably withheld, Lessee shall
have the right to place utilities on (or to bring utilities across) Lessor's Property in order to service
the Premises and Lessee's Facilities. Upon Lessee's request, Lessor shall execute recordable
easement (s) evidencing this right.
(e) Lessee shall fully and promptly pay for all utilities furnished to the Premises for the
use, operation, and maintenance of Lessee's Facilities.
(f) Upon the expiration, cancellation or termination of this Lease, Lessee shall surrender
the Premises to Lessor in good condition, less ordinary wear and tear as set forth in Paragraph 9
below.
7. Interference with Communications. Lessee's Facilities shall not disturb the
communications configurations, equipment, and frequency, which exist on Lessor's Property on the
Commencement Date ("Pre-existing Communications"), and Lessee's Facilities shall comply with
all non-interference rules of the Federal Communications Commission. Lessor shall not permit the
use of any portion of Lessor's Property in a way, which interferes with the use of the Premises
described in Paragraph 2, above. Such interference with Lessee's communications operations shall
be deemed a material breach by Lessor, and Lessor shall have the responsibility to promptly
terminate said interference. In the event any such interference does not cease promptly, the parties
acknowledge that continuing interference will cause irreparable injury to Lessee, and therefore,
Lessee shall have (i) the right to bring action to enjoin such interference and (ii) the right to
terminate this Lease immediately upon notice to Lessor, in addition to any other rights or remedies
at law or in equity. Notwithstanding the foregoing, Pre-existing Communications operating in the
same manner as on the Commencement Date shall not be deemed interference. Subsequent to the
date of this Lease, Lessor shall not use its Property or permit its licensee, or invitees to use Lessor's
Property for transmission or reception of communications or signals without the express prior
written consent of Lessee, which consent shall not be unreasonably withheld. Lessee's consent may
be withheld if interference with Lessee's transmissions, receptions, operations, or use of frequency
will result due to such use, whether or not such interference is with Lessee's frequencies or
otherwise.
8. Taxes.
Lessee shall pay personal property taxes assessed against Lessee's
Facilities and Lessor shall pay when due, all real property taxes and all other taxes, fees and
assessments attributable to the Premises or this Lease.
9. Termination.
(a) This Lease, in addition to any other remedies, which may be pursued in law or
in equity, may be terminated by either party upon a material default of any covenant, condition, or
term hereof by the other party, which default is not cured within sixty (60) days of receipt of
written notice of default. This Lease may be terminated by Lessee without further liability for any
reason or for no reason, provided Lessee delivers written notice of termination to Lessor prior to
the Commencement Date.
(b) This Lease may also be terminated by Lessee without further liability on thirty
(30) days prior written notice (i) if Lessee is unable to reasonably obtain or maintain any
certificate, license, permit, authority or approval from any governmental authority, thus, restricting
Lessee from installing, removing, replacing, maintaining or operating Lessee's Facilities or using
the Premises in the manner described in Paragraph 2 above; or (ii) if Lessee determines that the
Premises are not appropriate for its operations for economic, environmental or technological
reasons, including without limitation, signal strength, coverage or interference.
(c) Lessee shall, within sixty (60) days of the termination of this Lease,
remove all fixtures, improvements, and equipment installed in the leased space by the Lessee, at
the Lessee's sole expense. Lessee shall be responsible for the replacement of any trees, shrubs, or
other vegetation required to restore the Premises to its original park environment as of the
Commencement Date. If Lessee fails to remove all improvements brought onto the Premises
within sixty (60) days of the termination of this Lease, then the City shall remove all such
improvements at its expense and restore the Premises to its original park environment and shall
invoice all such costs, including supporting documentation, for the restoration of the Premises to
the Lessee. Lessee hereby agrees to pay the City the invoice amount within thirty (30) days of
receipt.
10. Destruction of Premises. If the Premises or Lessor's Property is destroyed or
damaged so as in Lessee's judgment, to hinder its effective use of Lessor's Property, Lessor shall
make available to Lessee within five (5) days a temporary site on the Property (or on other property
owned or controlled by Lessor) which in Lessee's sole discretion is equally suitable for Lessee's
use. Lessee may construct, operate, and maintain substitute Lessee's Facilities thereon until
Lessee's Facilities are fully restored and operational on the Premises. Rent shall abate in full during
any time that Lessee is unable to operate Lessee's Facilities on the Property.
Alternatively, Lessee may elect to terminate this Lease as of the date of the damage or destruction
by so notifying Lessor no more than thirty (30) days following the date of damage or destruction.
11. Condemnation. If a condemning authority takes all or a portion of Lessor's
Property, which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use,
then Lessee may terminate this Lease as of the date when possession is delivered to the
condemning authority. In any condemnation proceeding each party shall be entitled to make a
claim against the condemning authority for just compensation (which for Lessee shall include, the
value of Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses,
bonus value of the lease and any other amounts recoverable under condemnation law). Sale of all or
part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of
its power of eminent domain shall be treated as a taking by a condemning authority.
12. Insurance. Lessee shall maintain the following insurance: (1) Commercial General
Liability with limits of Five Million Dollars ($5,000,000.00) per occurrence, covering Lessee's use,
occupancy and operations on the Premises, such limit may be satisfied by a combination of
primary and umbrella policies; (2) Automobile Liability with a combined single limit of
$1,000,000.00 per accident; (3) Workers’ Compensation as required by law; and (4) Employer's
Liability with limits of $1,000,000.00 per occurrence. Each party to this Lease shall each maintain
standard form property insurance ("All Risk" coverage) equal to at least 90% of the replacement
cost covering their respective property. Each party waives any rights of recovery against the other
for damages or loss due to hazards covered by their property insurance and each party shall require
such insurance policies to contain a waiver of recovery against the other. Lessee shall name Lessor
as an additional insured with respect to the above Commercial General Liability insurance. Both
Lessor and Lessee shall have the right to self-insure with respect to any of the above insurance.
13. Assignment. Lessee shall have the right to assign, sell or transfer its interest
under this Agreement, or sublease the Premises, to Lessee's principal, affiliates, subsidiaries',
subsidiaries of its principal or to any entity which acquires all or substantially all of the Lessee's
assets in the market defined by the Federal Communications Commission in which the Property is
located by reason of a merger, acquisition, or other business reorganization. At least thirty (30)
days prior to the effective date, or as soon as practicable, of any such assignment, sale or transfer,
Lessee shall provide Lessor with a fully executed copy of the assignment, sale or transfer
document, signed by both Lessee and assignee/purchaser/transferee, indicating the
assignee's/purchaser's/transferee's assumption of all of Lessee's performance duties, liabilities and
obligations under this Agreement.
.
Lessee shall not be relieved of its performance duties, liabilities or obligations under this
Agreement until Lessor is in receipt of a fully executed copy of the document evidencing such
assignment, sale or transfer and indicating the assignee's/purchaser's/transferee's assumption of
Lessee's performance duties, liabilities and obligations under this Lease. Upon receipt of such
document, Lessee shall be relieved of all liabilities and obligations hereunder and Lessor shall look
solely to the assignee for performance under this Lease and all obligations hereunder. Lessee may
not otherwise assign the Agreement without Lessor's consent, Lessor's consent not to be
unreasonably withheld, conditioned, or delayed. Upon receipt of Lessor’s consent, Lessee shall be
relieved of all liabilities and obligations hereunder and Lessor shall look solely to the assignee for
performance under this Lease and all obligations hereunder.
14. Title and Quiet Enjoyment.
(a) Lessor represents and warrants that it has full right, power, and authority to
execute this Lease. Lessor further warrants that Lessee shall have quiet enjoyment of the Premises
during the Term of this Lease or any Renewal Term. Lessor hereby represents and warrants that it
has obtained all necessary approvals and consents, and has taken all necessary action to enable
Lessor to enter into this Lease and allow Lessee to install and operate Lessee's Facilities on the
Premises, including without limitation, approvals and consents as may be necessary from other
tenants, licensee and occupants of Lessor's Property.
(b) Lessee has the right to obtain a title report or commitment for a leasehold title policy
from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows
any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the
Premises, Lessee shall have the right to terminate this Lease immediately upon written notice to
Lessor.
15. Repairs. Lessee shall not be required to make any repairs to the Premises except for
damages to the Premises caused by Lessee, its employees, agents, contractors or subcontractors.
16. Environmental. Lessee agrees that it will not use, generate, store or dispose of
any Hazardous Material on, under, about or within the Property in violation of any law or
regulation. Lessor represents, warrants and agrees (1) that neither Lessor nor, to Lessor's
knowledge, any third party has used, generated, stored or disposed of, or permitted the use,
generation, storage or disposal of, any Hazardous Material (defined below) on, under, about or
within the Real Property in violation of any law or regulation, and (2) that Lessor will not, and will
not permit any third party to use, generate, store or dispose of any Hazardous Material on,
under, about or within the Property in violation of any law or regulation. Lessor and Lessee
each agree to defend, indemnify and hold harmless the other and the other's partners, affiliates,
agents and employees against any and all losses, liabilities, claims and/or costs (including
reasonable attorneys' fees and costs) arising from any breach of any representation, warranty or
agreement contained in this paragraph. As used in this paragraph, "Hazardous Material" shall
mean petroleum or any petroleum product, asbestos, any substance known by the State of
California to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste
that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation. This paragraph shall survive the expiration or earlier termination of this License.
17. Miscellaneous. Notices shall be in writing and shall be delivered to Lessee,
Attn: T-Mobile USA Inc. whose address is 12920 SE 38th Street, Bellevue, WA 98006
Attn: PCS Lease Administrator, (IE25385B), with a copy to Attn: Legal Dept.; with a copy to T-
Mobile West Corporation whose address is 2008 McGaw Avenue, Irvine, CA 92614 Attn: Lease
Administration Manager (IE25385B) with a copy to Attn: Legal Dept., and to Lessor, Attn:
Finance Department, to the address of the respective party given at the beginning of this Lease,
or to the address specified in the most recent written notice of any change in address. Delivery
of notices shall be made by hand, U.S. mail return receipt requested or reliable overnight
courier.
If Lessee is to pay Rent to a payee other than the Lessor, Lessor shall notify Lessee
in advance in writing of the payee's name and address.
The prevailing party in any legal claim arising hereunder shall be entitled to its
reasonable attorney's fees and court costs, including appeals. If any provision of the Lease is
invalid or unenforceable with respect to any party, the remainder of this Lease or the application
of such provision to persons other than those as to whom it is held invalid or unenforceable,
shall not be affected and each provision of this Lease shall be valid and enforceable to the fullest
extent permitted by law.
Terms and conditions of this Lease which by their sense and context survive the
termination, cancellation or expiration of this Lease will so survive.
This Lease shall be governed under California law, and be binding on and inure to
the benefit of the successors and permitted assignees of the respective parties.
Upon request either party may require that a Memorandum of Lease be recorded
confirming the (i) Lease commencement, (ii) expiration date of the Term, and (iii) the duration
of any Renewal Terms.
This Lease constitutes the entire Lease between the parties, and supersedes all
understandings, offers, negotiations, and other leases concerning the subject matter
contained herein. There are no representations or understandings of any kind not set forth
herein. Any amendments, modifications or waivers of any of the terms and conditions of
this Lease must be in writing and executed by both parties.
(Signature on following page)
IN WITNESS WHEREOF, the parties have entered into this Lease effective as of the date first
above written.
LESSEE:
T-Mobile West Corporation,
a Delaware corporation
By: ________________________________
Name:
Title:
Date:
City of West Covina
a Municipal corporation
By:
Name:
Title:
Tax ID#
Date:
EXHIBIT A
LEGAL DESCRIPTION OF LESSOR’S PROPERTY
Lessor’s Property of which Premises are a part is legally described as follows:
The land referred to herein below is situated in the City of West Covina, County of Los Angeles,
State of California, and is described as follows:
All of lot 63 of tract no. 33112 as per map files in book 875, pages 42 through 45, inclusive of
maps, in the office of the County Recorder of Los Angeles County.
Assessor Parcel Number: 8733-012-902
EXHIBIT B
DESCRIPTION OF PREMISES
The Premises consist of those areas described/shown below and where Lessee’s communications
antennae, equipment, cables, and utilities occupy Lessor’s Property. The Premises and the
associated utility connections and access, including easements, ingress, egress, dimensions, and
locations as described/shown below, are appropriate only and may be adjusted or changed by
Lessee at the time of construction to reasonably accommodate sound engineering criteria and the
physical features of Lessor’s Property.
ATTACHMENT C
Summary of Resident Concerns over Wireless Communication Facilities
Over the past several months, residents have expressed concerns and opinions on a variety of
issues related to wireless communication towers. The following is a summary of those issues, as
well as information addressing those concerns.
1. Radio Frequency (RF) Emissions – Cell phones communicate with cell towers through RF
waves, much like a radio station communicates with the radio in a person’s home or
automobile. At very high concentration levels, RF waves can generate energy and heat up,
which is the way a microwave works. The RF levels in a cell tower are much less than a
microwave oven or even a crib side baby monitor.
Residents have expressed concern that RF emissions can cause cancer or other health issues.
According to the American Cancer Society, “the energy level of RF waves is relatively low,
especially when compared with the types of radiation that are known to increase cancer risk,
such as gamma rays, x-rays, and ultraviolet (UV) light. The energy of RF waves given off by
cell phone towers is not enough to break chemical bonds in DNA molecules, which is how
these stronger forms of radiation may lead to cancer. A second issue has to do with
wavelength. RF waves have long wavelengths, which can only be concentrated to about an
inch or two in size. This makes it unlikely that the energy from RF waves could be
concentrated enough to affect individual cells in the body. Third, even if RF waves were
somehow able to affect cells in the body at higher doses, the level of RF waves present at
ground level is very low -- well below the recommended limits. Levels of energy from RF
waves near cell phone towers are not significantly different than the background levels of RF
radiation in urban areas from other sources, such as radio and television broadcast
stations.”
In addition, the three expert agencies that classify cancer-causing exposures, the International
Agency for Research on Cancer (IARC), the National Toxicology Program (NTP), and the
US Environmental Protection Agency (EPA) have not classified cell phone towers as to their
cancer-causing potential.
According to the World Health Organization:
“Considering the very low exposure levels and research results collected to date, there is
no convincing scientific evidence that the weak RF signals from base stations and
wireless networks cause adverse health effects.”
According to the Federal Communications Commission (FCC), that regulates wireless
towers:
“RF emissions from antennas used for cellular transmissions result in exposure levels on
the ground that are typically thousands of times below safety limits. These safety limits
were adopted by the FCC based on the recommendations of expert organizations and
endorsed by agencies of the Federal Government responsible for health and safety.
Therefore, there is no reason to believe that such towers could constitute a potential
health hazard to nearby residents.”
2. City’s Are Not Allowed to Deny Applications Based On Environmental Effects of RF
Emissions
Section 704(a) of the United States Telecommunications Act of 1996 expressly preempts
state and local government regulation of the placement, construction, and modification of
personal wireless service facilities on the basis of the environmental effects of radio
frequency emissions to the extent that such facilities comply with the FCC's regulations
concerning such emissions. 47 U.S.C. §332(c)(7)(B)(iv).
3. Public Safety Benefits – With the discussion of co-locating T-Mobile on the City’s public
safety radio tower at Fire Station #5, residents have stated that the Fire Department was
unaware of the development and opposed to the new system. This is incorrect. Throughout
the process, the Fire Department has been involved with the design of the proposed project
and originally suggested locating the new antennas on the City’s radio tower, rather than
constructing a new tower in the area.
In addition, public safety will receive numerous benefits from the construction of the project
at Fire Station #5 and in the rest of the community. Attachment D includes a letter from the
Police and Fire Chiefs supporting the City’s effort to bring additional wireless
communication towers to the community. Specifically, public safety supports the
advancement of cellular technology as it provides additional tools to combat crime and
provide immediate emergency services, through enhanced 911 services and better
communication coverage for police and fire personnel that utilize cell phones in the field and
the Mobile Data Units (MDU) in each of their vehicles. The MDUs are on the AT&T
network. Therefore, the proposed acquisition of T-Mobile by AT&T would significantly
increase the coverage of the community for public safety. In addition, 911 calls made in the
community go to the nearest cell tower and are then routed to either West Covina Public
Safety Dispatch or to the California Highway Patrol (CHP) dispatch. As wireless
communication systems improve, 911 calls made in West Covina are routed directly to West
Covina’s Public Safety Dispatch and not to the CHP dispatch. Currently, 50% of cell phone
calls and increasing, originating in West Covina are sent directly to West Covina’s Public
Safety Dispatch.
Under the U.S. Department of Homeland Security –National Communications System (NCS)
Division focuses on risk management, long-established processes and procedures for network
security and rapid response and recovery under all hazards to assure the continued operation
of vital communications services. Part of NCS and FCC’s role is the federal mandate to
provide wireless coverage throughout the United States.
4. New Technology Has Made Cell Towers Obsolete – There is no new technology that is
being currently utilized to eliminate the need for cell towers. Residents have mentioned the
Alcatel-Lucent lightRadio, which is the size of a Rubik’s Cube, will replace cell towers. The
lightRadio has not been tested or approved for use as a wireless antenna. Tests will begin
some time towards the end of 2011 with possible production in 2012, if effective. Tod Sizer,
Head of Wireless Research at Alcatel-Lucent's Bell Laboratories sees, “lightRadio as a
complimentary technology to existing cell towers. Those big antennas still serve a purpose,
providing long distance signals or beams down a highway.” This is important since each
lightRadio cube only powers about a two-block radius, so in urban areas, like downtown Los
Angeles the devices make sense since they can be deployed throughout the city and stacked
like Lego blocks in stadiums or other areas that need extra capacity. In suburban areas, like
West Covina they can be deployed atop existing cell tower arrays to provide the extra
capacity.
5. Cell Towers Effect On Property Values - There has been no evidence presented or any
credible studies conducted to show that cell towers in a community have an effect, positive or
negative, on home values. According to the CTIA-The Wireless Association®, an argument
could be made, that with “96% of the American population owning a cell phone and 27% of
households no longer use a “land-line”, people expect good wireless coverage and poor
wireless coverage could actually a negative effect on the ability to market a home.
6. Cell Towers Are Not Needed – As demand for wireless devices continue to increase (cell
phones, GPS, electronic books, PC tablets, computers, etc.) and the need for data to be
downloaded faster, there will be a need for cell towers. These towers are not just for cell
phones, but for all the other devices that communicate wirelessly. Residents have mentioned
that their cell phone coverage is good in their home. It may be that their provider has a cell
tower in the area to provide the coverage that the resident wants and expects. New towers
are being developed to allow residents of other providers the coverage that they want. In an
effort to limit the proliferation of cell towers, the City requires co-locating of providers on
the same tower when feasible.
7. AntennaSearch.com – Residents continue to highlight a website that says there are over 400
antennas in West Covina and some 90 cell towers in the community. This information is
misleading, as many of the antennas listed include those on top of gas stations, fast food
restaurants, and other businesses that accept credit/debit cards in order to communicate with
the card companies, to accept the customer’s payment. In addition, there are only 23 cell
towers in West Covina, with a majority of those towers along Interstate 10. (Attachment E).
8. Cell Towers are 90 Feet Tall - This statement made by residents is also misleading. Of the
23 cell towers in West Covina, none are 90 feet tall. The City’s Municipal Code requires
towers to be 60 feet or less, with the Planning Commission having the authority to grant up to
72 feet. See Attachment E for heights of existing cell towers.
9. Benefits of West Covina Residents vs. Other Communities – The placement of cell towers
in West Covina benefit West Covina residents, even those on the borders of our community
with neighboring communities. In addition, those cities adjacent to West Covina (i.e.
Walnut, La Puente, Covina, Irwindale, County of Los Angeles, etc.) that have installed cell
towers in their communities also serve West Covina residents. This is part of a regional
approach to provide communication services to multiple jurisdictions, very similar to the
services provided by our public safety in a neighboring community. Residents have
expressed concern that co-locating antennas at Fire Station # 5 benefits Walnut more than
West Covina. West Covina residents will benefit from this project, just as West Covina
residents have benefited from the placement of cell towers along Amar in Walnut.
March 17, 2011
Mr. Andrew Pasmant
City Manager
City of West Covina
1444 W. Garvey Avenue
West Covina, CA 91790
RE: Installation of Cell Towers in West Covina
Dear Mr. Pasmant:
With the recent discussions at Planning Commission and City Council meetings regarding the
installation of cell towers in the community, we believe it is important for both of us to share with
you our support from a public safety perspective.
With the advancement of cellular technology, public safety has been provided additional tools to
combat crime and provide immediate emergency services. As almost everyone today has a
cellphone, and coin-operated telephones in public areas have become scarce, it has become more
important for public safety to depend on this evolving technology, including cell towers and its
supporting equipment. For example, when an individual dials 911 on their cellphone, the call is
routed to the nearest cell tower, regardless if they are a subscriber to the company that owns that
cell tower. Therefore, the call is received quicker by a 911 dispatcher, which can assist police and
fire personnel respond quicker to the emergency. In addition, not many people are aware that if an
individual dials 911 and then becomes unconscious, once the call is received by the 911 dispatcher,
a message is displayed on the dispatcher's monitor as to the location of the cell tower where the call
originated from with an approximate location of the distressed individual.
It is also important to note that the Mobile Data Units in police and fire vehicles operate on a
wireless network and there are locations in West Covina that do not have wireless coverage.
Therefore, as the wireless providers expand in the community, so to will the communication
abilities for both the police and fire departments. In addition, the wireless companies have also
offered to allow public safety to co-locate, free of charge, their radio network on the cell towers.
For the reasons mentioned above we both support the City's efforts to bring additional wireless
communication towers to the community.
Sincerely,
Paul Seg. la
Fire Chief
C:\Documents and Settings\cfreeland\Local Settings\Temporary Internet Files\Content.Outlook\YRNSD3GS\wireless towers
in WC (2).doc
Existing Wireless Towers in West Covina
#
ADDRESS COMPANY
TYPE
CUP #
1
1543 W. Garvey Ave N.
(Site-1539 W. Garvey Ave N.) PacTel Cellular
60’ Monopole CUP 420
2 1319-1357 W. Garvey Ave N. PacTel Cellular
64’ Monopole CUP 426
3 2748 E. Garvey Ave S. PacBell Mobile/Monopole
Monopole CUP 477
4 2748 E. Garvey Ave. S. Nextel/Monopalm
60’ Monopalm CUP 537
5 551 E. Vine Ave. Spectrasite Comm.
Monopine CUP 552
6
1500 S. Azusa Ave.
(Site-1408 S. Azusa Ave) Tacit Comm.
Monopine CUP 553
7 3114 E. Garvey Ave. S. Cingular Wireless
50’ Monopine CUP 01-15
8 2418B South Azusa Ave The Consulting Group
75’ Monopine CUP 02-11
9 501 N. Azusa Ave. Cingular Wireless
72’ Monopine CUP 03-07
10
1305 E. Cameron Ave.
(Cameron Park) AT & T
57’ Monopalm CUP 03-08
11 2200 E. Garvey Ave. S.
Delta Groups (Villa
Tepeyac)
65’ Monopalm CUP 04-01
12 718 S. Azusa Ave Cingular Wireless
40’ Church Bell
Tower CUP 04-06
13
2501-1/2 Cortez (Cortez
Park) Cingular Wireless
72’ Monopine CUP 04-10
14 2110 Francisquito Ave Nextel
65’ Monopine CUP 04-14
15 330 N. Azusa Ave TetraTech
Monopine CUP 04-15
16 1611 W. San Bernardino Rd. AT & T
60’ Monopine CUP 04-32
17
2121 Shadow Oak Drive
(Shadow Oak Park) Cingular Wireless
60’ Monocypress CUP 05-02
18 1122 N Azusa Canyon Rd Sprint
60’ Monopine CUP 05-07
19
625 E. Merced Ave.
(Walmerado Park)
Royal Street
Communications
60’ Flag Pole CUP 06-16
20 1269 1/2 Inspiration Point T-Mobile
35’ Monopine CUP 06-18
21 811 S. Sunset (City Yard) Verizon
68’ Monopine CUP 07-09
22
2121 Shadow Oak Drive
(Shadow Oak Park) Omnipoint Communications
65’ Monopine CUP 08-01
23 3508 Temple Way BP Hanrath/Crown Cable
72’ Monopine CUP 09-10
(March 2011)
C:\Documents and Settings\cfreeland\Local Settings\Temporary Internet Files\Content.Outlook\YRNSD3GS\wireless towers
in WC (2).doc