08-06-2013 - Government Tort Claim Denials - Item 2.pdf,E,PDLP
DebL
Safety & Claims Manager
Ni(a McKay
Director of Finance & dministrative Services
City of West Covina
Memorandum
AGENDA
Item: 2
Date: August 6, 2013
TO: Christopher J. Chung, City Manager
and City Council
FROM: Nita McKay, Director of Finance & Administrative Services
SUBJECT: GOVERNMENT TORT CLAIM DENIALS
RECOMMENDATION:
It is recommended that the City Council deny the following Government Tort Claims, and the
claimants and/or their respective attorneys be so notified.
Joey Pastores vs. City of West Covina
Dale G. Quasny vs. City of West Covina
Alexis Allen vs. City of West Covina
Brandon Kennelley vs. City of West Covina
DISCUSSION:
After a review of the investigation in these matters, staff and the City's claims administrator,
Carl Warren & Company, determined the City was not liable and recommend denial.
As you are aware, since all claims should be considered potential lawsuits, it is requested that all
Council members refrain from making specific public comments so as not to prejudice any
claim. Specific questions should be referred to the City Attorney.
FISCAL IMPACT:
Unknown at this time.
Prepared by: Reviewed & Approved by:
City of West Covina
Memorandum
AGENDA
ITEM NO. 3
DATE: August 6, 2013
TO: Christopher J. Chung, City Manager
and City Council
FROM: Susan Rush
Assistant City Clerk
SUBJECT: ORDINANCE FOR ADOPTION
ZONE CHANGE NO. 13-01
APPLICANT: WC Homes LLC (Craig Cook)
LOCATION: 1611, 1623, and 1773 West San Bernardino Road
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 13-01
DISCUSSION:
This ordinance was introduced at the City Council meeting of July 16, 2013. The purpose of
this ordinance is to change the zoning designation for the proposed development from
"Manufacturing" (M-1) to "Specific Plan .No. 26" (Bella Vista Specific Plan) to allow for the
construction of a multi-family residential condominium development in the proposed area. The
ordinance will lbecome effective 30 days after its adoption on September 5, 2013. •
Prepared Margaret Garcia Approved by Susan Rush
• Deputy Ci Clerk Assistant City Clerk
Attachment: No. 1 7 Ordinance
No. 2— Staff Report dated July 16, 2013
ATTACHMENT NO. 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 13 -01
ZONE CHANGE NO. 13-01
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: _ WC Homes LLC (Craig Cook)
LOCATION: 1611, 1623 ; and 1773 West San Bernardino Road
WHEREAS, there was filed with this City a verified application on the forms prescribed
in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from:
. "Manufacturing" (M-1) to "Specific Plan No. 26 (Bella Vista Specific Plan)"
on that certain property generally described as follows:
-Assessor's Parcel Number 8435-011-005, 8435-015-037, 038, 193-198, 203-207, 210-
220, including Lot No. 89 and northern 247.86 feet of Lot A from Tract Map No. 62342,
in the records of the Los Angeles County Assessor; and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
Amendment :.(No. 13-01) to change the designation of the Land Use Element On the subject
properties frOrn designation on the subject property from "Industrial and Manufacturing" to
"Residential High;" and
WHEREAS, the proposed zone change is requested to provide consistency between the
General Plan arid Zoning Map, and to establish zoning standards for the subject project; and
WHEREAS, said zone change application is requested to allow for the development of
135 residential town-home units; and
WHEREAS, a precise plan (No. 13-05) for the site plan and architecture has been
submitted for the development of the project; and
WHEREAS, a tentative tract map (TTM 72152) has been submitted for the subdivision of
the "Project Site" into 141 lots that includes lots 1 through 135 for the development of 135 town-
home units and lots A through D te accommodate access, interior network of ,drive isles and
open space. Lot 136 will remained developed with an existing wireless telecommunication
facility and Lot 137 to be developed with a parking lot and will remain zoned "Manufacturing"
(M-1); and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 25'1'
day of June, 2013, conduct a duly noticed public hearing to consider said application and
adopted Planning Commission Resolution No. 13-5518 recommending the approval of Zone
Change No. 13-01; and
WHEREAS, studies and investigations made by the Planning Commission and in its
behalf reveal the following facts: •
1. The project consists of a development plan for the construction of three-story
residential town-home units that include 91 three-bedroom units and 44 four-
bedroom units on a 6.46-acre property.
2. The project includes a General Plan amendment to change the Land Use -
designation from "Industrial and Manufacturing" to "Residential High" to allow a
multi-family development.
• Ordinance No.
Page 2
3.. The project includes a zone change requesting to change . the zone from
"Manufacturing" (M-1) to "Specific Plan No. 26 (Bella Vista Specific Plan)" that
allows for 135 residential units.
4. The project includes a precise plan for the architecture and site plan layout for the
proposed project.
5. The applicant is requesting approval of a tentative tract map to .subdivide the site
into 141 lots..
6. Findings necessary for approval of a zone change are as follows:
a. There are changed conditions since the existing zoning became effective
to warrant other or additional zoning.
b. , The proposed change of zone will not adversely affect adjoining property
as to value or precedent and will not be detrimental to the area.
c. A change of zone will be in the interest Or fiirtherance of the public health,
safety, and general welfare.
The approval of Such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
The approval of such a zone change is consistent with the General Plan or
applicable specific plans.
Pursuant to the requirements of the CalifOrnia Environmental Quality Act
(CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT has been prepared indicating that although the'
project could have a significant effect on the environment, there will not be a
Significant effect due to mitigating measures pursuant to the Mitigated Negative
Declaration approved.
NOW, THEREFORE, the City Council of the City of West Covina, -California, does
ordain as folloWs:
SECTION 1• The above recitals are found to be true and correct and incorporated herein
by this reference.
SECTION 2. Based on the evidence presented, and the findings set forth, the above
Zone Change No. 13-01 is hereby found to be consistent with the City's General Plan and the
land uses permitted within said zone -classification as follows:
a. The proposed zone change will facilitate the development of 135 residential town-
home units. As the economy has shifted in recent years, many communities
Within the San Gabriel Valley, including the City -of West Covina, have lost
Commercial, manufacturing and industrial activity: These economic impacts have
left vacant and excess parcels of land that are commercial, manufacturing and
industrial sites, While the supply of land zoned for residential development has
become inadequate to meet the growing demand for housing. The City of West
Covina has not completed a comprehensive evaluation of land uses and growth
projections for over a decade. As such, there are changed conditions since the
existing zoning became effective to warrant a zone change to accommodate the
growing housing demand.
b. An environmental study, in compliance with CEQA, has been prepared
determining that mitigation measures are required. The mitigation measures serve
to prevent adverse impacts on surrounding land uses, and service_ systems. In
.addition, the proposed zone change Will not adversely affect adjoining property.
value and will not be. detrimental since the vacant subject properties are in need of
major renovation. The proposed project will replace the existing - outdated
Ordinance No.
Page 3
buildings and redevelop the site. In addition, an existing multi-family residential
development is immediately •adjacent to the east of the site and a public school
site is located to the south. Therefore, the subject property is ideally situated to
transform from an industrial/manufacturing use to a residential use. As such, the
proposed change of zone will not adversely affect adjoining property as to value
or precedent and will not be detrimental to the area.
c. The City of West Covina's Regional Housing Needs Assessment (RHNA) for the
2008-2014 planning period had been determined by SCAG to be 2,462 units
including 631 units for very-low income households, 388 units for low-income
households, 417 units for moderate-low income households and 1,026 units for
above moderate households. For the 2008-2021 planning period, the City's
regional fair share ,was determined to be 831 Units including 108 units for
extremely, low income households, 109 units for very low-income households.
129 units for low-income households, 138 units for moderate-income households
and 347 units for above moderate-income households. In recent years, the City
has built higher density units primarily for senior citizens only. Although the
units are not considered affordable units as units being subsidized by any public
funding mechanism, the proposed 135 residential town-home units would . be
potentially more affordable than single-family residential dwelling units or
detached condominium units that have a feel of a single-family unit but are built
On smaller lots ranging from 3,500-5,500 square feet of land area. In addition, the
project provides an additional housing type that can accommodate a segment of
the population that does not desire to live in a single-family dwelling unit.
The Housing Element of the General Plan calls for:
• "Providing a variety of housing types to accommodate all economic
segments of the City;"
• , "Promote equal housing opportunity for all residents;" and
• "Identify adequate sites to achieve housing variety."
The project would provide housing that could accommodate larger families and
those with disabilities. As such, the change of zone will be in the interest of the
public health, safety, and general welfare..
d. The proposed zone change requires a General Plan amendment. Since the market
housing conditions have changed and the City's development standards do not
reflect new housing trends, the applicant is,proposing a specific plan to establish
the development standards of the project. The proposed project would be
developed in buildings comprised of 4 units, 6 units, 7 units or 8 units. The
proposed units will not be stacked flats and therefore, providing a better living
arrangement and design. The project would be adjacent to an industrial business
park to the west, a railroad and industrial use to the north, San Bernardino Road
and a public school to the south and. a multiple-family residential project to the
east. Therefore, the. proposed project would not be the only residential project on
the north side of the street on San Bernardino Road. As such, the approval of
zone change will not adversely affect the comprehensive General Plan so adopted
by the City.
C. With the approval of the General Plan, the proposed zone change would be
consistent with the .General Plan. The proposed project is consistent with the
development standards set forth in the Specific Plan No. 26 (Bella Vista Specific
Plan).
SECTION 3. The City Council of the City of West Covina hereby hereby . approves
Zone Change No. 13-01, adopting the specific plan text as set forth in Exhibit A and changing the
zoning designation for subject property as set forth on Exhibit B and amending the Zoning Map of
the City of West Covina.
Ordinance No.
Page 4 ;
SECTION 4. The City Clerk shall certify to the passage of this Ordinance, which shall
take 011 force and effect thirty (30) days from its adoption. -
APPROVED AND ADOPTED on this. 6 th day of August 2013.
An*sT:
Mayor Shelley Sanderson
City dlerk Laurie Carrico
I, L4RIE CARRICO, CITY CLERK of the City of. West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 16'1' day of July 2013. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 6" day of August,
2011, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
ZONE CHANGE NO. 13-01
EXHIBIT B
Indicates the area proposed to be rezoned from
"Manufacturing" (M-1) to "Bella Vista Specific Plan" (SP-26)
City of West Covina
Memorandum
AGENDA
TO: Christopher J. Chung, City Manager
and City Council ITEM NO. 13
DATE: July 16,2013
FROM: Jeff Anderson
Planning Director
SUBJECT: GENERAL PLAN AMENDMENT NO. 13-01
ZONE CHANGENO. 13-01
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT
APPLICANT: WC Homes LLC (Craig Cook)
LOCATION: 1611, 1623 and 1773 W. San Bernardino Road
• RECOMMENDATION:
The Planning Commission and staff recommend that the City COuncil adopt the following
resolutions:
1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
FOR GENERAL PLAN AMENDMENT NO 13-01, ZONE CHANGE
NO 13-01, PRECISE PLAN NO 13:01, AND TENTATIVE TRACT
MAP NO 72152 PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED.
2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 13-01
The Planning Commission and staff further recommend that the City Council introduce the
following ordinance:
3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO.
13-01
DISCUSSION:
WC Homes LLC ("Applicant") is proposing ..a 135-unit multi-family residential condominium
development on a 6.46-acre site. In addition, the proposal includes the development of
additional parking for Prosperity Business Park (located at 1773 W. San Bernardino Road). The
subject property is located on the north side of San Bernardino Road and includes the rear
undeveloped portion of Prosperity Business Park, and the abandoned properties that were
formerly occupied by Blackards Towing and Picks Lumber. The properties are currently owned
by different owners. The Applicant is in the process of acquiring the propertieS and has obtained
permission from the owners to proceed with the entitlement process. The site is adjacent to a multi-family development to the east, Manzanita Elementary School to the south, Prosperity Business Park and the Tribune to the west and a railroad (Metrolink and Southern Pacific
Railroad) to the north.
Proposed Residential Development
The Applicant is proposing a 135-unit three story residential townhorne development. The
residential units would be available for sale: A total of67 guest parking spaces will be provided.
The buildings are comprised of4 units, ,6 units, 7 units or 8 units. The residential units would
include three and four bedroom units with three different floors plan ranging ;in size from 1,700 square feet to 2,110 square feet. All front doors to the units will be facing a "paseo" (landscape
area). For the enjoyment and use of the residents, the project includes open space throughout the
development featuring amenities such as barbecue grills, picnic tables and chairs, and a
ZACase Files\ZONE CHANGE\2013\13-01 1773 San Bernardino\CC\Council Staff Report.doc
GPA 13-01, ZC 13-01, PP 13-05, and TM 72152
Bella Vista
July 16, 2013 - Page 2
playground. A total of 52,140 square feet of open space is proposed (approximately 18.4% of
the site).
To provide for an aesthetically pleasing design, the project incorporates a modern architectural
style that provides relief and variation along the elevations and along the roofline. To enhance
the elevations, projections detailed with brick are proposed. Each unit entrance is clearly defined
by a roof overhang. The elevations incorporate the use of a variety of building materials and
treatment including stucco, brick, wood shutters, recessed windows, and window treatment. To
reduce the scale and mass of the proposed buildings, a combination of materials and architectural
movement is incorporated. Each unit will provide a balcony that is offset from the building on
the second floor. The balcony will be roofed (covered) by the projection of the third floor. The
color schemes for the units are a variation of beige, brown and terra cotta colors. The recessed
balconies, windows, window shutters, projections and colors provide an interesting and high
quality design.
The project includes access for residents and visitors to the development via a main drive
entrance on San Bernardino Road. A secondary public safety access will be provided through
Prosperity Business Park. The prOposed project is a gated development. For the safety of the
residents and vehicles on traveling on San Bernardino Road, the gates will be setback
approximately 170 feet from the property line. This design feature will reduce the impact of
vehicles queuing as they enter the site on San Bernardino Road.
To provide for clear separation between San Bernardino Road and the residential units, a
decorative 42-inch high wrought iron fence is proposed. Furthermore, to reduce noise and visual
impacts from the railroad and industrial uses to the west and north, an eight-foot (8) wall will be
constructed on the west property line (adjacent to the Tribune parking lot) and an eleven-foot
(11) wall will be constructed along the north property line (railroad).
A Phasing Plan is proposed with the project being developed in seven phases. The construction
will start on the southeasterly portion of the site and proceed in phases to the northwest. Phase 1
has an estimated completion date of January 2014 and Phase 7 has a completion date of January
2017.
The proposed tract map would subdivide the property into 141 lots, including 135 residential
condominium lots. The remaining lots would accommodate vehicle access, internal circulation
and open space. One of the lots created would remain occupied by a wireless telecommunication
facility (monopine). An additional lot would become part of Prosperity Business Park. A seven-
foot (7) street dedication is required along San Bernardino Road. A Homeowner's Association
(HOA) will be formed and CC&R's (Covenants, Codes, and Restrictions) created to regulate the
HOA. The HOA would be responsible for maintaining all common areas, including driveways,
guest parking spaces, open space, trash enclosures and will be responsible for maintaining the
exterior of the buildings, including the garage doors, but excluding the roof
Proposed Parking Lot Expansion for Prosperity Business Park
The project also includes the addition of parking facilities to serve Prosperity Business Park. A
total of 56 parking spaces will be added at the rear of the business park. These parking spaces
will increase the number of parking spaces available to the tenants of the business park.
General Plan Amendment
The Applicant is requesting the approval of a General Plan amendment to change the existing
land use designation from "Industrial and Manufacturing" to "High Residential" for the
development of the residential units. Surrounding General Plan land use designations include
"Residential Medium High" (15.1-20.0 Dwelling Units per Acre) to the east, a school site under
Los Angeles County jurisdiction to the south, "Industrial and Manufacturing" to the west, and
industrial uses in the City of Irwindale to the north. The proposed designation change would
provide a transition from industrial and manufacturing to residential and would be compatible
with adjacent land uses.
Z:\Case Files\ZONE CHANGE\2013\13-01 1773 San Bernardino\CC\Council Staff Report.doc
GPA 13-01, ZC 13-01, PP 13-05, and TM 72152
Bella Vista
July 16,2013 - Page 3
Based-on- the characteristics of the surrounding Ian& uses ..,andAher• intens4y the :proposed
cl..evel'oprnent, thd projeCt iS=COnSiStent withAhd:goalsarid.policies=containethiti the ;General Plan '
as follows: • • . • ' • • ;
• Housing Element, Goal 2:
"Provide a variety of housing types: taaccontmodate all,economic segmentsi of theCity.
, Policy 2.4: "Proyid,e high quality housing fopt current and futui e residents at all
income level's to achieve a "balanced" comniiini0). ,
, • n • ' ' . . ...
• Housing Element, Goal 4:
"Promote equal housing opportunity for all residents."
Policy 4.4: "Encourage housing feonstruction or alteration. to ?meet the needsiof
residents with special needs such as large families, the elderly and disabled:"
: .
d
"Identib)yldequate Sites to Achieve Housing Variety."' - • ,
. • •i, Policy 5.1: "Proy4 a range of residential development types in Test Covina,
including low density single-family homes, moderate density townhomes, higher
density and residential/commercial Mixed use in order to
address the City's share of regional housing needs."
Policy 5.6: "Explore opportunities for new residential development within those
areas of the city occupied by vacant or underutilized, obsolete commercial and
industrial uses. ".
•
• Land Use Element, Goal 4: v
'Arrange land uses with. i regdrol •to the health safety, • co.nvenience and welfare of the ', 4:' i • 1.1 ' ' . • ,.residents of the City. . • .. l'
Pursuant to State Law, the City is required to have an updated Housing': Element for each planning ,period,. The planning -- period is :determined by the ,.State-g.,F: orc,the Housing Element update:planning„period200W014!, the City's Housing Element ciment ,andhaS,beenfi'certified by California Department of Housing and Community Development *(HCD). 'ThelHousing
Element establishes goals for the construction of housing units during the planning period. The
City c;IfWest• CoViY14,-W-Asallocated:2,462,,units throughthe Regional -•Housingeeds Assessment (1'41N.A.)-;for,the..2,0987.?:914,;plannin: g period, -:.•The City is working,,:onAhe next Housing Element update (2014-2021). State lawtrequires.,,that jurisdictions provide -aheit'vfairAShare of regional housing needs. Through the Regional Housing Needs Assessment (RHNA) each city is allocated
is fair share of new,housing•..units: The ;City. :of West.,Covina,vas4allocated, 8i4 .units for 2014 - 2021 planning period The .construction )of 135 ,units ,will,Assistthe .,Qiti.in Meeting the City's fair share of regiOnal,housingunits,as required by..StatOaw. • :•• • -• .!, •
Zone Change
The proposed. development would require azone changto,change the zoning designation for the
residential units from "Manufacturing" (M-1) to ,`,`Specific Plan No., 26" (Pella Vista Specific
Plan).. A specific plan, a planning document allowed by state law as a memis of implementing
the City's general Plan that focuses. on the physical deyeloprn.pnt•of a neighborhood, district, or
other area. A specific plan identifies policies and actions' that,support,•an4 ,facilitate desired development within the project area.
The City of West Covina is 4 built-out City Most projects in the future will consist of infill
projects through ,lot consolidation:or conversion of uses. As the economy ha S evolyed in recent years, -many communities in the San Valley hate: lost . commercial,, imanufacturing and industrial activity .: This ,change has left' vacant . and ',14jein'tilized i,parcels,Itof land that have historically been used for commercial ,manufacturing 'Land' industriL.'aCtivity,, while land zoned
Z:\Case Files\ZONE CHANGE\20.1-3\1,3701.. 17:73 SwI.BernaTdino,\CC\Counpil Staff Reppmdoe
,
:
•- Housing -Element, Goal 5:
06WrittgiCfk,
GPA 13-01. ZC 13-01, PP 13-05, and TM 72152
Bella Vista
July 16, 2013 - Page 4
for residential development has become inadequate to meet the growing demand for housing. In
this case the applicant proposes to change the previous manufacturing uses that have vacated
from the project site to a residential use.
Mitigated Negative Declaration of Environmental Impact
A Mitigated Negative Declaration (MND) was prepared in conformance with the California
Environmental Quality Act (CEQA). To assist in the preparation of the MND, a number of
technical studies were prepared. The project related impacts would be less than significant with
mitigations incorporated. A list of Mitigation measures is included in Attachment 1. Attachment
11 provides information on the responses to comments received by the South Coast Air Quality
Management District and Azusa Light and Water.
PLANNING COMMISSION REVIEW AND ACTION:
On June 25, 2013, the Planning Commission approved a precise plan and tentative tract map for
the development of 135 residential condominium units: For more detailed information, please
refer to the Planning Commission staff report (Attachment 5). The Planning Commission also
recommended approval of a General Plan amendment, zone change and a Mitigated Negative
Declaration of Environmental Impact Report. During the hearing members of the community
presented four documents to the Planning Commission that included a petition, and a document
questioning whether the company (WC Homes LLC) was registered with the State as a
corporation (Attachment 13).
At that meeting, there were several issues presented during the public hearing. The following is
a list of the issue(s) and a response to the concern(s).
• Status of the General Plan 7- The City of West Covina has a valid General Plan with an
updated Housing Element, there have been no court decisions invalidating the City's
General Plan.
• Status of the Housing Element of the General Plan — The City has an updated certified
Housing Element, approved by the City Council and certified by HCD on December 12,
2012.
• A Traffic Study was completed for the project — Five intersections in the vicinity were
studied and the Study concluded that there would be no significant impacts as a result of
the project.
• Soil Contamination Concerns — A Phase 1 Environmental Investigation was conducted at
the site as well as 'a subsurface soil investigation. The studies determined that there is no
soil contamination that requires site remediation (cleanup).
• Environmental Impact Report (EIR) required — EIR's are required when there are
significant impacts that are caused by the project. In this case, the environmental analysis
determined that all impacts could be mitigated and therefore a Mitigated Negative
Declaration was prepared and an EIR is not required.
• Proximity to railroad tracks — An Acoustical Analysis was completed for the project. The
analysis determined that an 11-foot sound wall and the use of upgraded sound
transmission control construction techniques for the exterior walls and window
assemblies will reduce ambient noise to an acceptable level for residential development.
(In other words thicker insulation, drywall and glass will be installed to minimize noise.)
The Applicant has incorporated the measures into the plans.
• Valid State license of incorporation of business — The City of West Covina, the Planning
Department and the Planning Commission do not regulate whether an entity is properly
formed under State law. It is typical for businesses to create new legal business entities
(such as a Limited Liability Corporation) before, during, or after obtaining planning and
building entitlements. As a result, the City is primarily concerned about whether the
applicant has the authority and approval of the property owner(s) to process the
ZACase Files\ZONE CHANGE\2013\13-01 1773 San Bernardino\CC\Council Staff Report.doc
GPA 13-01, ZC 13-01, PP 13-05, and TM 72152
Bella Vista
July 16, 2013 - Page 5
application. .Althoughmot required; the applicant has 'providethinforMation- thatthey are
now valid with their State license for business incorporation.
The Planning Commission was supportive-of the !project. They. discussed:ttiat ,the proposed project
would eliminate abandoned buildings that are blighted and have issues with vandalism. They also
discussed that theAevelopment of commercial retail is notvia.b1P .0-119: to km 'traffic volumes in the
area Comments were made that although the railroad tracks are in,close -proxiMity, there_ are other
residential uses nearby in a similar condition without seriOus consequences::_pefidea was :expressed
that these residential units will be more affordable units than most in 'West Covina allowing for
younger individuals to purchase in the City. A concern was expressed about the density of the
project and,whether the number of units could be reduced. The Applicant indicated that, reducing
the number of units would affect the price of the proposed units, which Might cause difficulty in , marketing the units.
At the conclusion of the hearing, the Commission voted 4-1 to approve the precise plan, and
tentative tract map as well as to recommend approval of the General Plan amendment, zone change,
and Mitigated Negative Declaration to the City Council.
Letters Of concern were submitted by the property owner(Foxdale Properties) and the tenant (Ready
Pac) located north' of the subject property (4401 FiOXdale Avenue) in City . of Irwindale
(Attachments 12 and 15).!
CONCLUSION/BENEFITS OF PROJECT:
The approval and construction, of the 135-unit multi-family residential townhome, project would provide substantial benefit and as follows , .
• The proposed housing project meets the goals and policies in General Plan and updated
Housing Element.
• The City is currently working on an ;update. to :the Housing,-Element fdr the nextplanning
period (2014-2021). In order for the ,ci .ty to be compliancei vvith the Regional Housing
!Needs Assessment (RHNA) the :city is required t0 accommodate :831-xeSidential units. This
135 unit residential-project will assist the City in achieving its fair Sharetof regional housing
units. -
• The proposed:project is compatible with the adjaCent landiuses as there f& an existing multi-
family development to the east and a school site to-the south'
• For the enjoymentand benefit of theresidents, 'We :project will providetOpen space (52,140
square feet) and amenities, for the residents who„ live in the development. k'
quality architectural design- is proposed including !recessedljalc6nies, brink details,
wood shutters, colors, and Variety,oflAtilding ,Materials AnctAtia`tnient. •
'
• The proposed condominintns would -fprovide w-tnoderately-tdieed;owifership - Oportunity that is not readily available in the City.
• The project is in full compliance with CEQA (California Environmental Quality Act).
• The subject properties are currently in severely blighted condition with undeveloped
property and abandoned buildings with outdated strictures.
• The proposed development eliminates existing blight and further can be a catalyst in the area
encouraging adjacent property owners and businesses to improve their properties and
buildings.
• The addition of the condominium units would allow for owners to occupy the units and
allow for the addition of an estimated 450 and 600,Dew residents to the area.
ZACase Files\ZONE CHANGE\2013\13,01 173! San 13ernardino\CC\Conncil Staff Report.doc
',...--z--{----------
Re#ved/Approved by: Jeff Anderson
Planning Director
GPA 13-01, ZC 13-01, PP 13-05, and TM 72152
Bella Vista
July 16, 2013 - Page 6
• Additional residential population creates new revenues as new residents will shop and dine
in the City.
• The construction of the project is estimated to produce 200 construction jobs.
• The proposed housing project will provide significant revenues and fees to the City which
includes $1,478,250 in park in-lieu fees, and $471,249 in City fees for construction. In
addition the project will be required to install public artvnTork valued at $160,878 or pay an
in-lieu fee into the City's Public Art Fund (Attachment 14).
• The proposed project is estimated to generate $72,000 in property tax revenue to the City
per annum.
FISCAL IMPACT:
It is estimated that the development of 135 residential units will generate $72,000 annually in
property taxes for the City's general fund. The developer will pay a park in-lieu fee of
$1,478,250 and will be required to pay an in-lieu fee or install artwork valued at $160,878. In
addition, City fees for permits for construction are estimated at $471,249. The project will also
create new sales tax revenues from the creation of new construction jobs and residents.
Attachments:
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7
Attachment 8
Attachment 9
Attachment 10
Attachment 11
Attachment 12
Attachment 13
Attachment 14
Attachment 15
Attachment 16
Mitigated Negative Declaration of Environmental Impact Resolution
General Plan Amendment Resolution for Approval
Zone Change Ordinance for Approval
Planning. Commission Minutes dated June 25, 2013
Planning Commission Staff Report dated June 25, 2013
Planning Commission Resolution No. 13-5516, Mitigated Negative Declaration
of Environmental Impact
Planning Commission Resolution No. 13-5517, General Plan Amendment
Planning Commission Resolution No. 13-5518, Zone Change
Planning Commission Resolution No. 13-5519, Precise Plan
Planning Commission Resolution No. 13-5520, Tentative Tract Map
Responses to Comments for the Mitigated Negative Declaration
Letter of Concern, Foxdale Properties, June 20, 2013
Petition and Documents Submitted During Planning Commission, June 25, 2013
Potential City Fees and Park In-Lieu Fee
Letter of Concern, Ready Pac, July 10, 2013
Compact Disc of the Initial Study/Mitigated Negative Declaration
Z:\Case Files\ZONE CHANGE\2013\13-01 1773 San Bernardino\CC\Council Staff Report.doc
ATTACHMENT 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA,, APPROVING ZONE CHANGE NO. 13-01
6.
ZONE CHANGE NO. 13-01
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL 'IMPACT
APPLICANT: WC Homes LLC (Craig Cook),
LOCATION: 1611, 1623, and 1773 West .San Bernardino Road
WHEREAS, there was filed with this City a verified application on the forms prescribed
in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from
"Manufacturing" (M-1) to "Specific Plan No. 26 (Bella Vista Specific Plan)"
on that certain property generally described as follows:
Assessor's Parcel Number 8435-011-005, 8435-015-037, 038, 193-198, 203-207, 210- .
220, including Lot No. 89 and northern'247.86 :feet of Lot A from Tract Map No. 62342,
in the records of the Los Angeles County Assessor; and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
Amendment (No. 13-01) to change the designation of the Land Use Element on the subject
properties from 'designation on the subject property from "Industrial and Manufacturing" to ; „ "Residential High;" and
WHEREAS, the propOSed. zone change,,is, reqUested to. proyide consistency between the
General Plan and Zoning M'ap, and to establish Zoning 'Standards for subj94t project; and
WHEREAS, said zone change application is requested to „allow, for the development of
135 residential town-home units; and
WHEREAS, a precise plan (No. 13-05) for the site plan and architecture has been
subrhitted for the' development of the project; and
WHEREAS, a tentative tract map (TTM 72152) has been submitted for the subdivision of
the "Project Site" into 141 kits that includes loth 1 thrOtigh 135 for the development of 135 town-
home units and lots A through ' D to accommodate access, inteiiO'r network of drive 'isles and
• ),,o- , f-''- , open space. Lot 136 will remained developed -Miff an existing Wireless telecommunication
facility and Lot 137 to be developed with a parking lot and will remain zoned "Manufacturing"
(M-1'); and
day of June, 2013, conduct a duly noticed public hearing to consider said application and
adopted PLanning Commission Resolution 'No. 13-5518 recommending approval of Zone
Change No. "3-01; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 25 tit
WHEREAS, studies and investigations made 'by the Planning Connhission and in its - behalf reveal the 'folio -M:11g facts:
1. 'The r: The project consists of a development plan for the construction of three-story
residential town-home units that includ6 ,'91 three-bedroom Units and 44 four-
bedroom units On a 6.46-acre property. "I' '
ZACase Files\ZONE CHANGE\2013\13-01 1773 San Bernardino\COZO Ordinance JWL Rev (2).doc
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Ordinance No.
Zone Change No. 13-01
Page 2
2. The project includes a General Plan amendment to change the Land Use
designation from "Industrial and Manufacturing" to "Residential High" to allow a
multi-family development.
3. The project includes a zone change requesting to change the zone from
"Manufacturing" (M-1) to "Specific Plan No. 26 (Bella Vista Specific Plan)" that
allows for 135 residential units.
4. The project includes a precise plan for the architecture and site plan layout for the
proposed project.
5. The applicant is requesting approval of a tentative tract map to subdivide the site
into (141 lots.
6. Findings necessary for approval of a zone change are as follows:
a. There are changed conditions since the existing zoning became effective
to warrant other or additional zoning.
b. The proposed change of zone will not adversely affect adjoining property
as to value or precedent and will not be detrimental to the area.
c. A change of zone will be in the interest or furtherance of the public health,
safety, and general welfare.
d. The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
e. The approval of such a zone change is consistent with the General Plan or
applicable specific plans.
7. Pursuant to the requirements of the California Environmental Quality Act
(CEQA) of 1970, a MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT has been prepared indicating that although the
project could have a significant effect on the environment, there will not be a
significant effect due to mitigating measures pursuant to the Mitigated Negative
Declaration approved.
NOW, THEREFORE, the City Council of the City of West Covina, California, does
ordain as follows:
SECTION 1. The above recitals are found to be true and correct and incorporated herein
by this reference.
SECTION 2. Based on the evidence presented, and the findings set forth, the above
Zone Change No. 13-01 is hereby found to be consistent with the City's General Plan and the
land uses permitted within said zone classification as follows:
a. The proposed zone change will facilitate the development of 135 residential town-
home units. As the economy has shifted in recent years, many communities
within the San Gabriel Valley, including the City of West Covina, have lost
commercial, manufacturing and industrial activity. These economic impacts have
left vacant and excess parcels of land that are commercial, manufacturing and
industrial sites, while the supply of land zoned for residential development has
become inadequate to meet the growing demand for housing. The City of West
Covina has not completed a comprehensive evaluation of land uses and growth
projections for over a decade. As such, there are changed conditions since the
existing zoning became effective to warrant a zone change to accommodate the
growing housing demand.
b. An environmental study, in compliance with CEQA, has been prepared
determining that mitigation measures are required. The mitigation measures serve
ZACase Files\ZONE CHANGE\2613\13-01 1773 San Bernardino\CC\ZC Ordinance JWL Rev (2).doc
Ordinance No.
Zone Change No. 13-01
Page 3
to ,prevent adverse ,impacts on surrounding land uses, and service systems. In
addition, the proposed zone change will not. adversely affect :adjoining property
value and will not be detrimental since the vacant subject properties are in need of
major renovation. The proposed project will replace the [-existing outdated
buildings and redevelop the site. In addition, an existing multi'-family residential
development is immediately adjacent to the east of the site and a public school
site is located to the south. Therefore, the subject property is , ideally situated to
transform from an industrial/manufacturing use to a residential use. As such, the
proposed change of zone will not adversely affect adjoining property as to value
or precedent and will not be detrimental to the area.
c. The City of West Covina's Regional Housing Needs Assessment (RHNA) for the
2008-2014 planning period had been determined by SCA& to be 2,462 units
including 631 units for very-low income households, 388 units for low-income
households, 417 units for moderate-low income households and 1,026 units for
above moderate households. For the 2008-2021 planning period, the City's
regional fair share was determined to be 831 units including 108 units for
extremely low income households, 109 units for very low-income households,.
129 units for low-income households, 138 units for moderate-income households
and 347 units for above moderate-income households. In recent years, the City
has built higher density units primarily for senior citizens only. Although the
units are not considered affordable units as tinits being subsidized by any public
funding mechanism, the proposed 135 residential town-borne units would be
potentially more affordable than single-family residential dwelling units or
detached condominium units that have a feel of a single-fainily unit but are built
on smaller lots ranging from 3,500-5,500 square feet of larid ,area. In addition, the
project provides an additional housing type that can accommOdate . a segment of .
the population that does not desire to live in a single-family dwelling unit.
The Housing Element of the General Plan calls for:,
• "Providing a. variety of housing types to accommodate all economic
segments of the City;"
• "Promote equal housing opportunity for all residents;" and
• "Identify adequate sites to achieve housing variety."
The project would provide housing that could accommodate larger families and
those with disabilities. As such, the change of zone WilY be in the interest of the
public health, safety, and general welfare.
d. The proposed zone change requires a General Plan amendment. Since the market
housing conditions- have changed and the City's development standards do not
reflect new housing trends, the applicant is proposing a specific plan to establish
the development standards of the project. The proposed project would be
developed in buildings comprised of 4 units, 6 units, 7 units or 8 units. The
proposed units will not be stacked flats, and therefore, providing a better living
arrangement and design. The project would be adjacent to ;an idndustrial business ' park to the west, a railroad and industrial use to the north, San Bernardino Road
and a public school to the south and a multiple-family residential project to the
east. Therefore, the proposed project would not be the only residential project on
the north side of the street on San Bernardino Road. As such, the approval of
zone change will not adversely affect the comprehensive General Plan so adopted
by the City.
e. With the approval of the General Plan, the proposed zone change would be
consistent with the General Plan. The proposed project is Consistent with the
development standards set forth in the Specific Plan No. 26 (Bella Vista Specific
Plan).
SECTION 3. The City Council of the City of Nest Covina hereby hereby approves
Zone Change No. 13-01, adopting the specific plan text as set forth in Exhibit A and changing the
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Ordinance No.
Zone Change No. 13-01
Page 4
zoning designation for subject property as set forth on Exhibit B and amending the Zoning Map of
the City of West Covina.
SECTION 4. The City Clerk shall certify to the passage of this Ordinance, which shall
take full force and effect thirty (30) days from its adoption.
APPROVED AND ADOPTED this day of
, 2013.
Mayor Shelley Sanderson
. ATTEST:
City Clerk Laurie Carrico
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 15 th day of January 2013.
AYES:
NOES:
ABSENT:
ABSTAIN:
' APPROVED AS TO FORM:
City Clerk Laurie Carrico
City Attorney Arnold Alvarez-Glasman
ZACase Files\ZONE CHANGE\2013\13 -01 1773 San Bernardino\CC\ZC Ordinance JWL Rev (2)_doc
4,1
BELLA VISTA WEST COVINA
135 TOWNHOMES
77r-r.r:
EXHIBIT A
BELLA VISTA
PREPARED FOR:
APPLICANT:
CITY OF WEST COVINA
1444 WEST GARVEY AVENUE
WEST COVINA, (CA . 91790
WC HOMES LLC
1773 WEST SAINL .BERNARDINO -ROAD
SUITE B-42 WEST COVINA, CA 91790
PREPARED BY: CRAIG COOK
626-338-5650
PROJECT OVERVIEW
1.1 Introduction
The purpose of this Plan is to provide for the development of a 135 multi-unit residential
development on a 6.46-acre site. The project site is currently zoned Manufacturing and was
previously occupied by a commercial lumberyard business (Pick's Building Material) and a
towing/impound business (Blackards Towing). An existing wireless telecommunication facility
will remain at the site. The specific plan will provide a quality design that is compatible within
the context of the area and provide a cohesive transition between manufacturing uses to
residential uses. In addition, the specific plan will provide housing opportunities within the City
of West Covina for the general population.
Section 1.2 Authorities of the specific plan
"The Bella Vista" Specific Plan is established through the authority granted to the City of West
Covina by California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450
through 65457 (Specific Plans).,
A specific plan is a legislative planning tool, regulatory in nature, and serves as zoning law for
the property involve. Development plans, site plans, and tentative tract/parcel maps must be
consistent with both the specific plan and the City's general plan.
According the California Government Code (section 65451), a specific plan shall contain the
following elements:
A specific plan shall include text and a diagram that specify all of the
following detail:
1. The distribution, location, and extent of the uses of land, including open
space within the area covered by the plan.
The proposed distribution, location and extent, and intensity of Major
components of public and private transportation, sewage, water,
drainage, solid waste disposal, energy and other essential facilities
proposed to be located within the area covered by the plan and needed to
support the land uses described in the plan.
3. Standards and criteria by which development will proceed and standards
for the conservation, development, and utilization of natural resources,
where applicable.
4. A program of implementation measures including regulations, programs,
public works projects, and financing measures necessary paragraphs 1
and 2. A Specific Plan shall include a statement of its relationship to a
general plan. Section 1.3 below discusses the relationship of the Specific
Plan to the City of West Covina General Plan.
M,1
M-1
BELLA VISTA SPECIFIC PLAN
. M-1
BELLA VISTA i•
SPECIFIC PLAN
LAND USE PLAN
BEU_A VISTA SPECIFIC PLAN
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, Section 2.2 Land use summary
The 6.46-acre development shall consist of a "Specific Plan" land use component. The
residential development shall consist of 135 townhome units, with on-site recreational/open
space areas.
•• tk•ET.-COVINA • I LAND LISE PLAN
WEST COVINA ZONING MAP
Legend
Residential
R-A - Residential Agriculture
R-1 - Residential Single Family
fv1F-8 - Residential 8 du/ac
MF-15 - Residential 15 du/ac
MF-20 - Residential 20 du/ac •
MF-45 - Residential 45 du/ac
Commercial and Industrial
N-C - Neighbohood Commercial Iwr,A1N
S-C - Service Commercial
R-C - Regional Corrimercial
Ott C-2 - Medium Commercial
C-3 - Heavy Commercial
O-P - Office Professional
M-1 - Mantffacturing
I-P- Planned Industrial
Public Use
• P-0 - Public Building
0=S - Open Space
Master Plans and Specific Plans
•PD-1 - Planned Community Development
Sp - Specific Plan
TENTATIVE TRACT NO 72152
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Section 2.3 Relationships to the California Environmental Quality Act (CEQA)
A Mitigated Negative Declaration (MND) has been prepared for the specific plan in accordance
with CEQA to evaluate the potential environmental impacts associated with development of the
project. The MND has been prepared in conformance with California Public Resources Doe
Section 21000 et seq; California CEQA Guidelines (California Code of Regulations Title 14,
Section 15000 et seq); and the rules, regulations and procedures for CEQA as adopted by the
City of West Covina.
All mitigation measures required in:;:the MN') 'will IDe,certified and amended by the City Council
prior to being incorporated by reference and are applicable to the specific plah.
Section 2.4 Location'and setting
The 6.46-acre project site is located in an urban area and is surrounded on all sides by
development. Multiple-family ,residential; development is located along the prioject site's eastern
side while industrial developmehtAs located' to the north and west. A railroad ROW extends
along the property's northermSide while_Sarr'Bernardino Road extends along' the site's southern
side.
The southern half of the site is; occupied :by two commercial uses that are now closed for
business (Blackards Towing and Picks Blinding Material). Blackards.ToWing was established in
1948 at 1811•,W5.San1Bernardino:Poad andAnO'luirt6s,remained .Opened until the 2000's.
Picks = building Material had been operating at (1623 W.' San Bernardino Road since the early
1950 s In 2008 the business was acquired by Barr Lumber which= -ceased operation in August
of 2008. The northern half of the project site is vacant though•the,nOrthwestern• portion is being
used for vehicle parking. A cellular tower, camouflaged as a:pine tree, is located in the eastern
portion of the site With the exception of the cellular tower, all of the 2existing ;structural
improvements will be demolished.
Section 3.1 Phasing policies
The following policies are intended to ensure that the specific plan shall provide the essential
infrastructure and services to support each phase development. See Exhibit 3.1, Phasing Plan.
• All new development shall provide the appropriate level of public irnpr!ovements, services
and Utilities to adequately serve the proposed uses for each phase of deVelopment.
Confirmation by thePLibliC - Works `deparirrienf of adequate facilitie shall provided • - _ , prior to the issuance of blinding perrriits.-
• The speCific plan shallrbe deVeloPed in 8 phases. Phase I iS .aritiaprefed to be completed
by January 2014.
• Phase 2 shallistart development after Phase 1,completion or,thereafter; and so,:forth.
• To the maximum extent possible, all backbone infrastructure for sewer, water, drainage
facilities and street improvements for San Bernardino Road shall be provided for the
entire project within the first phase of the development. The developer shall pay for the
improvements.
If needed, temporary on-site private streets and drive aisles shall be provided subject to
the approval of the Public Works and Fire Departments.
• Each undeveloped phase shall be maintained in a weed free condition and secured.
PHASE I - borokETiON JAN 2014 1 PHASE 2 COMPLETION JUNE 2014 PHASE 3 - COMPLETION JAN 2015 PHASE 4 - COMPLETION JUNE 2015
PHASE 5 - COMPLETION JAN 2016 PHASES - COMPLETION JUNE 2016i PI-IASE 7-COMPLETION JAN 2017 1
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TENTATIVE TRACT NO. 72152
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4.0 Development standards purposes and intent
The provisions of this Plan have been established to provide for the orderly development of the
Plan Area. Application of the Plan is intended to protect the health, safety, and welfare of the
community. In order to provide relief and allow deviations from the development standards and
Zoning Code requirements the following control mechanisms shall be applied. As to all issues
wherein this Plan is silent, the City's codes and ordinances and codes shall apply
4.1 Development standards- development plan (site plan)
The following development standards shall apply to the overall residential development within
' the specific plan.
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Section 4.1 General provisions
Any situation not specifically addressed by the specificplan, shall ,..b,eAsubjectio the West Covina MunicipaCCode (Gnapter 26,./oning)..
: • • ;,'
Section 4.2 Maximum denity
The site plan attached hereto and incorporated herein by this reference identifies the
boundaries for a multi-family residential development. The density shall not exceed 21 ,units per acre.
pptbacksy. .
The following required yard areas
building edge is lot edge):
shall be observed. (these are residenti i4s etback because
•
Set Back from Street: San Bernardino Road - 25 feet minimum
San Bernardino Road right of way (back of sidewalk) - 15 feet minimum
Side Yards: 10 feet minimum from property line and existing buildings
Rear Yards: 10 feet minimum
All setback areas are required to be landscaped in accordance with the required Landscaping
and Irrigation Plan.
4.5 Minimum floor areas
Each dwelling unit shall have and maintain minimum gross floor areas, excluding private patios,
balconies and garages as follows:
Minimum sq footage -1600 ft
Minimum Number of Bedrooms — 3 Bedrooms
Proposed
Plan 3A — 1700 sq ft
Plan 3B- 1746 sq ft
Plan 3H- 1746 sq ft
Plan 4A-2110 sq ft
4.6 Building length and height
No building or structure shall be constructed in excess of 175 feet in length. No building or
structure shall be constructed of a height exceeding 3 stories or 40 feet.
4.7 Open spaces
.Private Open Space- Each dwelling unit shall include a private open space area in the form of a
balcony or a porch having access from the main dwelling unit. All balconies and porches shall
be substantially enclosed by a solid wall or rail at least 42 inches in height and shall have a
minimum of 65 square feet in area with a minimum dimensions of 5 feet X 10 and a vertical
clearance of not less than 8 feet. Items that may be stored on the balcony shall be limited to
patio furniture, potted plants, and outdoor bar-be-que, which shall be required in the CC&R's.
Provided private open space shall not be enclosed or modified within the development.
Porches and Balconies have no required setback. They are on the second floor and begin on
plane from building lot line.
Habitable Additions and Enclosed Patios: All units are designed to fit their respective lots and
no habitable space additions or enclosed patio additions are permitted on lots within this specific
plan.
The community open space area shall have payed picnic areas. Barbeqbe grill and picnic
tables will be provided throughout the Cot-Timor) area; These locations can he found between .
LOts 34,35, adjacent to Lot 98 and adjacent tolof 128 for the uSe: of the residents Within the - developrnent.
Open_ turf area will be located adjacent to lot 34 and:128. All corinectipg. Walkway shall be a
minimum of 4'-0" wide and designed to meet ADA Accessibility Desig n Sthndrds
Common Open Space -All residents shall be provided ' with comrhoii" Open- paCe areas
conveniently located .throughoOt the development.
A totaliof 55,180 sq ft open spate will be -provided thrOughout .the development. Four".areas of
open ''Speee`. Will / Provided a various locations Each of thee areas:, shall ,:a minimum
dimension of 35 feet.
Amenities-shall include water .fountains , picnic. .01)1eS. and henthes3larbeque- stands, decOrthiv6irellises,,:and.4,tOt lot A total of four(4)-i deCiOrative.water.fountains shail:.beproylded
throughout the ..plan Area...,Water...foUntainS With shaded seating' enc laves shall be provided , . between y buildings and 'Ivithiry.pedeStrian'''-WalkWays.; Picnic tables and 'Shaded seating areas
shall bk:prOvided:riear-graSs open space .:areas.-Except for thelperirneter fencing, along shared
proPeriji lines, the common open space' area's . Shalt hOt" be enclosed and 'Shall" be 'free of any
perimeter fencing.
All connecting walkways shall be minimum of 4 3-0" wide and designed to meet ADA Accessibility
Design Standards.
4.8 Parking
Parking for the Plan-ishall be provided:on site and located within theRlan Area and have limited
visibility from the public. right-of-way. Each unit Shall provide a .2-car garage that is
independently and privately" accessed. A minimum of sixty-seven (67) guest parking spaces
shall be provided and shall be grouped within the designated areas throUOtfait the Sitet:and Shall
be easily accessible.. •
Proposed
Private: 2-car garage per unit
Guest .: 0.49 per Unit
The minimum dimensiOns for a guest parking stall shall be 8'6" X 18t.
4.9 Architecture
The architecture for the entire development shall be that of an urban contemporary design.
Design shall be distinctly California Urban with contemporary geometric shapes accented with
gentle curves and decorative facade trims. Raised front porches, balconies and decks,
oversized windows,. patio doors and wrought iron railings shall be provided. Classic stucco
finishes combined with cabernet brick, natural stacked ledger stone trim with standing seam
metal front door overhangs and clean building lines shall depict a modern, technology-based
influence.
4.10 Windows
• Windows details, including header, sill and trim elements shall be consistent with the
architectural style of the building.
Window shapes and mullion patters shall be consistent with the architectural style of the
building. The shape and size of shutters shall be compatible with the window opening.
4.11 Gutters and downspouts
Exposed gutters and downspouts, when used, should be colored to either match or complement
the surface to which they are attached.
4.12 Mechanical equipment
No mechanical equipment (air-conditioning, heating units, etc.) shall be mounted on, or attached
to any pitched roof. Mechanical equipment, when mounted on flat roofs, must be completely
screened by parapet walls at least as tall as the equipment being screened.
Mechanical devices such as exhaust fans, vents, and pipes shall be pained to match adjacent
roof surfaces.
Ground mOunted=air cOnditioning'units MuStbe-streened by:wall'S -aild or landscaping a least 6"
higher than the Ling's) and lbdated:a-way*Om pedestrian paths. and'Project artienities. '
4.13 Meters
Natural gas meters will be grouped and shall ,be screened by wallsand-or1andscaping.3
Electrical meters shall be ganged- in 'Meter enclOSurebr sereenetr:bYMalhandPor landscaping. '
Builder's Should 6:anted:The:Utility- proVidedforminhuritcleararides ,. •=,
Screen wall and electrical enclosures shall be designed integral to the project's architecture:
4.14 Mail boxes
Mailboxes shall not be located within the parkways (public right -of-way) along San Bernardino
Road _and shall be provided and grouped together (gang boxes) on -site. tvlailboxes shall be
placed within the required setback areas. Mailboxes should be located cOnvenient to short term '
parking and meet federal accessibility standards. Coordinate with Postal Service on locations
and practices required if mailboxes are inside gated area.
4.15 Pedestrian orientation
Buildings along San Bernardino Road shall be located so as to provide pedetrian access from
the city sidewalk to the individual units. Two gated walkways shall connect interior sidewalks to
city side walk along San Bernardino Road. A four-foot wide pedestrian walkw ipy with dense
landsCaping shall-be provided along the perimeter of the project area tolp.rovi rpe access to the individual units and linkage to the common open space throughout the develOpment.
PedeMrian walkways shall be clearly marked where they cross-vehicular drives and roadways.
4.16 Circulation
Primary vehicula'r' ingress aha egress to the 'tite shajl be prOi4ed -from,entrance. along San Bernardino Road. Pedestrian access entries .Shali be$rovided at' east' antl'WIeS(ProPerty lines
along San Bernardino Road. The common driveway width and parking-areas shall be designed
to meet West Covina Fire Department requirements and to avoid any potential circulation
issues.
4.17 Lighting/security
The outdoor lighting system shall be compatible with the architectural therne of the structures and shall enhance the building design and adjacent landscape. Lighting standards and building
fixtures shall be of a design and size compatible With the building and adjacent areas. All
lighting shall be designed and installed to limit overspill of light onto adjacent 'properties. Parking
lot lighting and exterior building lighting shall be shielded and directed doWnward to prevent
spillover lighting. Excessive brightness shall be prohibited. Security lighting including but not
limited to, motion sensor lights shall be installed at: every building entrante and photo cell controlled lighting shall be provided throughout the Plan Area to provide adequate lighting.
Lighting shall be installed at all entryways, parking areas, common open space areas,
residential front doors and garages. All proposed lighting shall be reviewed and approved by the
Planning Division prior to installation. The Police Department shall likewise review and approve
all proposed lighting to ensure that any and all potential safety issues are addressed.
4.18 Signage
The residential addresses shall be displayed as backlit numbers.
One-entry monument sign that is integrated with the design and material of the development will
be provided along San Bernardino Road. The entry monument sign shall be placed within a
landscape area.
8'73"
6'-3" 1'
LEDGESTONE VENEER
6x6 COLORED TILE
BELLA VISTA
•
FINISH GRADE -\
All signage shall be designed as an integral architectural element of the site. The colors and
material of every sight be compatible and harmonious with the colors of the buildings within the
site. The following table includes the types of signs allowed.
1'
2'-7"
1'-5"
5'
Type of Sign
One
42':.SC1(4arefee •• • • ;
5 Feet -
• • per.S! eentranee
Residential Unit Address Panel
All,•Spaces.:are Vestparkin4:spacesi-.The -only
• .
reserved spaces are those, inside the garages.
'Guest ParkingnSign
Located on pole,, mounted sign, wall mounted
sign or painted on space
Real Estate Sign's
Directional Signs.
4.19 Walls and fences- -
Monument sign (entry-sign)
Area
Height
An eight feet (8):highc4ntini4OtWtdund -Wall will be constructed aiopg -Oeienfire..Wet-property . line opposite to the adjacent trucking diStribtitiori Center. A don'tiriLioLis -66iid Wall at least eleven
feet (11') will be constructed along the north propertyline opposite to the .railroad tracks. :Wall articulation must be provided, at a maximum, every tWenty-five (25) feet.'AiiieulatfOri Must' be in
the form of pilaSters or offsets every twenty-five -(25) feet and must ble differentiated with a dontrasting•-teXtae and color from the main wall areas Walls r=riust: be constructed of earth 'tone
coloreCrblOOk.,PilaSter shall b 8- inches i6,dePth'and 16 inches ih'Widtft'arid covered by ven eer that -CciordinatesWitN'thearchiteCture, 'starcked'SloneiS preferable ,..-All'WallS:,and'pilaSterS shall have a decorative cap b i the lahñin iiidn. FenteS "albrigqhe street.
frontages of San, Bernardino Road are limited to 42 inches in height and must be at least 70%
open. A wall plan shall be submitted for review and approval by the Planning Department and
Building Division, indicating location and design of the wall. Planning Department shall review
and approval all Walls exceeding 6 feet (6) in height and a building permit will be obtained.
The property line located along the side of the existing Industrial building (south-east property
line) shall be constructed with square steel frames and landscape assistance wire mesh at 8 ft
in height above grade.
4.20 Refuse facilities
A minimum of six (6) trash enclosures shall be provided. Each of the enclosures shall be
constructed to accommodate between 1 and 3 bins. Construction shall be in accordance with
the standards set by the City's waste hauler (Athens Disposal). Enclosures shall be designed to
include a decorative wood trellis atop and shall be secured with a latch.
4.21 Landscaping
The landscaping required •pursuant to this Plan shall comply with thehCitY!s ,Water, Efficient
Landscaping Ordinance (Section 26-750.1100). A landscape architect licensed in California
'sh'all!:be-' retained to preparedtplanting:-.-anci irrigatioiViplans 'fon the; deVelopment's public and
common- open space areas .:1 Planting design shall te;ompatiblbetweenlboth:the neighboring .
ireSidential use andi-induStriarpark': Tree's ;selection , Shall fielp46 Set'the, landscape:lone and
shall be organized by primary function (i.e., street tree, streetscape, entry specimen trees,
accent trees, screen trees, etc.). All trees planted shall be a minimum size cif 24" box and shall
be planted with deep root barriers where necessary.
Shrub and groundcover planting shall also be organized using similar concepts (i.e.,
background shrub, upright accent shrub, flowering perennial border, screening hedge, etc.).
Low water use plans shall be utilized in the plant palette. All trees, shrubsj and groundcovers •
shall be drouped based off ofVater re'quirements and irrigated appropriately.!
Irrigation for landscape areas shall be designed to be as water efficient as possible. All
irrigation systems shall be controlled using automatic controllers designed to properly apply
water to plant materials given the sites soil conditions;. evapotranspiration rates, and shall have
automatic rain shut off devices. Spray systems shall have low-volume, matched-precipitation
nozzles fitted on pop-up bodieS..that are' outfitted With pressure compenSating devices and
internal check valves. Hydrozones will be developed to control the water to specific plan
material and adhere to environmental conditions : Pop-up bodies will b*pecified in areas that
may experience pedestrian traffic such as walkways- and separatiOn between turf and shrub
beds.
The on-site irrigation system will be entirely private and maintained by the ,plarined HOA.
4.22 Maintenance of the project
The project, including but not limited to, buildings and landscaped areas shall be continuously
maintained. The use of stucco, stone trim, wrought iron and other finishes m6st be conducive to
easy maintenance and upkeep. Materials and finishes shall be selected for Itheir durability and
wear as well as their aesthetics. Configurations that tend to catch and accurnulate debris, •
leaves, trash, dirt and rubbish shall be prohibited. Ongoing maintenance for the entire project
isite shall be responsibility of planned HornetiWner'S'ASsOciatibhiatidliadded' in the CCM's.
The residential hbmeowners *en-forte their civiki`-' ed&R's. A maintenance
A schedule:shaft be;inclOded-in thei-CC&R's:
INFRASTRUCTURE, UTILITIES AND.PUBLI SERVIC.ES
5.1 Purpose and Intent
The purpose of this -chaPteris to identify the infrastructure utilities and public' services required
to serve the specific plan The folk:ming sections shall discuss the infrastructure imprOvernents
for vehicle circulation, grading storrj -j d iñ, '6Vver'Ivater, "UtilitieS, 'public serViceS, perimeter security, site access and subdivision of the property.
5.2 Vehicle Circulation
Exhibit 5.2 shows access and required improvements along San Bernardino Road as the on-site
private drive aisles needed for internal circulation throughout the project area. A 30-foot wide
gated access drive off San Bernardino Road is provided. All internal private roads are 26-foot
wide.
EXHIBIT 5.2
5.3 Grading
The Plan Area will be completed cleared of existing structures and excavated approximately 4-6
ft below existing level and soil reset 1 foot at a time at a density .90% or higher. The new use of
the property will require slight variation to existing contour. Slight changes (plus or minus 2 ft)
will be made on the southern and eastern property areas. On the north and western portions of
the property grade elevations are increased 2-4 ft from existing elevations.
5.4 Standard Urban Stormwater Mitigation Plan (SUSMP)
The Standard Urban Stormwater Mitigation Plan was developed as part of the municipal
stormwater pollution from new development projects. The proposed site improvements are
intended to comply with the City of West Covina and County of Los Angeles water quality
Standard Urban Stormwater Mitigation Plan requirements.
5.5. Storm Drain Plan
A private storm drain system will be located throughoutjhe project and shall cOnnect to
UnddegrddhaldetentionithaMbetsf:-Theseicharnbers .3wil(beilocated'fin.:4h7landscapqftarea along
lots 6=8.; lots '- 51 254', lbtgc.6144:35y.and lot 1 .87. -Water is held in these iChatinbers :until it
percolates into th6',..gro -undWatefiqs`tem,tefilling'iThe ,a4iifers. There :iS:no-Storrn drain system in
San Bernardino road. The closest inlet is 1/2 mile and runs directly into' the Big Dalton wash. All
Site'llOWS-S hall rbe'filfetedTribrAO:entering thd:Offsite:;kublia street:;buttbould:..not be
riedeSgarytedauSoOn site detentiOntysternitiaSibeen;tlesignedfor1004yearstorm-, , , . -
5.6 Sewer Plan ' .
SeWelervice for the PrOject shalr .,:belprovided through the WestVina,,,The project
SlYallVedmieylsowageqhrbugh':onsiteq3 .4inch:=-VOR-,(Vitrified ClaylPipe)sewr-,1ini p:_thpt,will,connect
to an existing 8-Inch public sewer main located , ralting-Sahr,.BernardinO:- Rdad, The pointof
connection on the existing 8-inch sewer main is apprdximately 1,260 linear reet westerly, from
the,834nCh=Daltdrif Trunk Sewer (nearSartBernardinO ,13oathandAzuS4.-Qanyon Road.•:,t
`iii4 F ;ft ..
'
AiusOight&WaterShell-proVide4,(aterto serve-the prOjectit-TheonSite-Water loop ,Shall be a
Minihitifi-i'tif=81-"XdiaMefer'ofthelineY'Water-litiekthat Shailproid&bOthid -Ortiestile'and fire service
tatheTsite. Exhibit 5.7 shows the water line locations and fire hydrant locations proposed for the
project.
,
5.7. Water Plan
. 5.8 Utilities
A. Electricity: Southern California Edison (SCE) shall provide electric service to the project
area and shall extend service to the project in accordance with rules and policies for
extension of service on file with the California Public Utilities Commission.
B. Natural Gas: The Southern California Gas company shall provide natural gas service to
the project at the time contractual arrangements are made in accordance with Gas
Company policies and extension rules and policies for extension of service on file with
the California Public Utilities Commission.
C. Telephone Service: Verizon provides telephone service to the project area and shall
extend service to the project in accordance with extension of service on file with the
California Public Utilities Commission.
D. Cable TV: Charter ComMunications provides cable service within the City of West
Covina and shall provide service at the time contractual arrangements are made in
accordance with extension of service on file with the California Public Utilities
Commission.
E. Internet Access: Both Verizon or Charter Communication offer Internet service within
the project area and shall provide service at the time contractual arrangements are
made.
F. Solid Waste: The city of West Covina will provide solid waste collection service for the
project through a franchise agreement with Athens Services, a private refuse hauler.
5.9 Public Services
A. Fire: the City of West Covina Fire Department shall provide Fire protection services.
First response for fire and paramedic service to the project will be provided by the West
Covina Fire Station No. 3, located at 1433W. Puente Avenue. This station is located
approximately 2 miles southeast of the project. The Mitigated Negative Declaration for
the project has required mitigation measures to ensure adequate fire protection service
for the project pursuant to Section 2.3 of this document.
B. Police: the City of West Covina Police Department will provide Police services. The
Mitigated Negative Declaration for the project has required mitigation measures to
ensure adequate fire protection service for the project pursuant to Section 2.3 of this
document.
C. Schools: School service will be provided by the Covina Valley Unified School District.
The following schools will serve the project: Manzanita Elementary School; Traweek
Middle School; and Covina High School. Pursuant to Government Code Section 65995,
the project will be required to offset impacts to the school system by paying a mandatory
fee per square foot of residential space.
''Public Library: The West Covina Library. is part , of the CoUnty, of Los Angeles Public .
- 'Library and i8 lbcated,With-the Civic. Center at 160 West-Covina Parkway.' . •
E. Community & Recreation: The City of West Covina Community, Services Department
manages1DarkJacilit1es and.provi,des. re.oreatio :n programs tq. City reSidents. Currently,
there are -12 developed neighborhood parks and five developed community parks that
have, a total of 122 and 77 acres of park space„respectively. ,
6.0 Subdivision
- Pursuant to state law, the City of West Covina is vested in the regulation and control of design .
• 1 and improvements of common interest subdivisiOns.. This development will require application
and approval of a Tentative Tract Map for the conVersion -of thirty-three l_(35) lots into one
hundred and forty-one (141) lots, one (1) lot for the existing wireless telecornmunication facility,
one (1) lot for parking(#1 7),' and 135 'fix a residential planned clevelopment and - 4: 'common
area lettered lot SY No resid'ential' lot shalrbe'Created With a width less -than 20 feet and a depth
less than 40 feet.
HOMEOWNERS ASSOCIATION (RESIDENTIAL)
7.1-Covenants, Conditions and-Restrictions (CC&R;s)
CQ,&R's creating a Homeowners Association (HON ,shall be required to be submitted to the '
City's- Planning Department for review and approval- by the Planning ; DiVision, Engineering
Division, and City Attorney's Office prior to the certificate of occupancy.. The ..CC&Rs shall
require that the HOA enforce the CC&Rs and shall include all requirements a's provided herein.
1 „ Before the first unit is sold, the developer shall record ' the CC&Rs on all of the properties. The
CC&RS shall state that the$CC&Rs "run With the land", meaning that all 's.uddessive buyers are
bound by the sarne covenants as the original purchaser.
DESIGN GUIDELINES
8A Design Guidelines
Building site and*. landscape design shall 'be in accadance witiV -the Den Guidelines. The
primary purpose of Design Guidelines is to offer architectdal design element for the project as
well as minor. changes allow, ed-rto open private spaces. If certain design issues were not
specifically addressed in these guidelines, then the..most recent, developments codes and
guidelines by the City would be applicable and provide further direction. City's appropriate
review, authority, shall . consider„ deviation from the guidelines; however, any deviatidns must eXhibit.a superior approach to fulfilling the intent, goals, and objectives of thi-PeSign Guidelines.
1 Building design shall avoid large monotonous facades, long straight line building fronts,
plain box shapes and barren exterior treatment consistent with the design of residential
function.
The rooflines of individual buildings shall be varied to reduce building mass.
3. Occasional building modulation (changes in depth and direction) shall be used to
provide shade, shadow and visual relief by varying setbacks and roof configurations to
eliminate continuous uninterrupted walls and rooflines.
4. Building setbacks shall increase with the height of the buildings; i.e. when possible, the
second story of a building should be set back further than the first floor. Alternatively, the
entire building shall be setback further from the adjacent property lines.
5. The combination of one, two story and three story elements is encouraged for three-
story dwellings, with the top story setback along the front elevation, emphasizing a
pleasing view from the street.
6. Driveway areas shall contain design features including landscaping and textured
paving.
Windows, doors, stairways, balconies and other architectural features shall be treated in
a decorative manner, consistent with the overall architectural theme, to break up
monotony and add variety. For example, plain vinyl frame windows shall be avoided and
multi-paned, octagonal, bay, greenhouse, over sized, circular or other decorative styles
should be used in their place.
8. All mechanical equipment including wall mounted utility meters and air conditioning units
shall be screened as an integral part of the building design and shall be screened from
public view. No screening method is to give the appearance of being "tacked on." Roof
mounted equipment is encouraged.
9. Building materials shall be selected for their architectural harmony and aesthetic quality.
A variety of harmonious materials shall be used to avoid monotony. For example, stucco
walls should include trim of other materials such as brick, rock, tile, or wood.
10. Roofing materials shall consist of standing seam metal or asphalt built up sheeting.
11. Perimeter walls shall be constructed of earth tone concrete block so as to be consistent
with and complement the architectural style and colors of the building.
12. Natural earth tones or other colors with a subdued quality shall be used as the dominant
exterior finish. Bright, garish, non-harmonious, or out of character colors shall not be
used.
13. Long straight pedestrian walkways shall be mitigated through off-sets, curvilinear
approaches and changes in textures and/or colors.
1 = 'Building design ShalraVold largembnotonOus facadeIong !Straight li.r building fronts,
'Plain boktShapes and-barreheexterioareatment'ConsiStent-Withtherdesign'ofireSidential
funttion.
2. '-The'rooflines.rofindividual bUildings--Shallte.variedto ,reducelbuilding Mas-s. L;
• 3. Occasional building modulation (Changes in -defith arid+d'itettiOriYShalOpe'osed .tO
provide shade, shadow and visual relief by varying setbacks and roof'config.urations to
'elifflinate,COntinudus uninterrubted-wallsffind:,roOflineg.... p, • •
0
4. Building setbacks shall increase with the height of the buildings; i.e. when possible, the
second story of a building?:ShOuldte setback fOrtherthanlhe ,firstflodr: Alternatively, the'
entire building shall be setback further from theiadjacent property line.
5. The combination of one, two story and three story elements is encouraged for three-
story dwellings; with:thp top,story setback alongfthe frontelevation, emphasizing a
pleasing view from the Street. . . . .. ._ .,•
6. Driveway areas shall contain design features includinglandscaping fa'ndtextured
paving.
7. Windows, doors, stairways and other architectural features shall be treated in
'a decorative -Manner, consistent with the Overall:architeCturgthert -W:to break up
rnonOtony.iand ,,add variety : For eXarrible; plain' Vinyl framelWindoWSShallte ,avbided and
--,multiLpanecli,,CCtagonalY'lciay; greentibliseydVerrized,-;tirtularbrOthed'cleCoratiVe-ostyles
should be-Used .in4heintilaCe:2-
All mechanical eqUirirneht including Wall mounted utility meters an'cl :.air. conditioning units
shall be screened aS ah'integral part Of the building design and shal) -be Screened from
public view. No screening method is to givethe aOpearance beffig "thcked oh:" Roof
mounted equipment is encouraged.
O .9.
't
Building materials shall be selected for their architectural harmony and aesthetic quality.
A variety of harmonious materials shall be used to avoid monotony. Fq eXarriOle; stUCco
walls should include trim of other materials such as brick, rock, tile, or wood.
Roofing rhaterials.,shallIconsist,of standing seam metal or Puilt:up,sheefing.
11. Perimeterpwalls•shall be-constructed of earth toneFconcretelcilock:so,a's to-beensistent
with andicorriplement the(architectural style!and7colorS
. 12. - Natural' earth tones or other colors With a SUbcklecrquality'SlialrbeluSed as'the dominant
exterior finish Bright garish, nonLhatrnoniousl,-Or out Of.CharaCtericOlors Shall not be used.
13. Long straight pedestrian walkways shall be mitigated through off-sets; curvilinear
approaches and changes in textures and/or colors.
14. Landscaping shall be an integral part of the site design. Berming is encouraged within
the required yard areas adjacent to the street. Landscape plans should be prepared by a
licensed landscape architect with extensive experience in the field of landscape design.
15. A variety of landscaping materials, textures, colors and forms shall be used, including
trees, shrubs, ground cover, flowering plants, walls, textured surfaces, trellises and other
elements. Drought resistant plants are required.
16. The design of all exterior light fixtures should be compatible with the architecture of the
building.
17. Driveways shall contain automatically controlled lighting.
• 18. Street lighting along San Bernardino Road
19. A certified copy of this Specific Plan and Development -Plan shall be provided to all
future homeowners within the "Project" area.
IMPLEMENTATION PROGRAM
9.1 Application Processing
At the time of adoption of the specific plan, concurrent application shall be approved for overall
site development through General Plan Amendment, Zone Change Precise Plan and Tentative
Tract Map. At the time of implementation of this Specific Plan will be accomplished through the
City's development review process, considering development plans from concept to construction
drawings. Upon adoption of the Plan, developers and/or property owners may prepare and
submit plans for development within the Specific Plan Area. Development plans shall be
prepared and submitted for review in conformance with the provisions of this Specific Plan and
the requirements of the City's Municipal Code.
AMENDMENTS
10.1 Modifications
The provisions of this Specific Plan, including but not limited to, the documents attached hereto
as Exhibits "A-C" inclusive, may be amended in the manner provided in the City's Municipal
Code. Certain modification to the Specific Plan text and exhibits any be necessary or desired
during the life of the project. Any modifications to this document shall occur in accordance with
the amendment process described in this section. These amendments, should they occur, are
divided into two categories. Minor Adjustments allow for administrative changes subject to the
review and action by the Planning Department. All other proposed changes are considered
formal Amendments and shall be reviewed for approval by the Planning commission and/or City
Council. All amendments shall be consistent with the City of West Covina General Plan and
intent of the Bella Vista Specific Plan.
10.2 Minor Modifications
*
Certain modifications to the Specific Plan are specifically exempted from the formal amendment
• I process, including.public hearings .171owever„they,are.;subject:ato .reviel rivi:. and approval by the
Planning:PepartMent:-.::These consist of Ohang:es. that do/nOt.mate,na4;affect;the overall
purpose and intent of the Specific- Plan. A minor MOdification to the Spe'pific Plan may be
processed if determined by the Planning Director or deSignee that:
• The minor modification to the Specific Plan is not extensive enough to be considered a
substantial or fundamental change in land use relative to the original approval.
• The minor modification to the Specific Plan would not alter any findings contained in the
Mitigated Negative Declaration for the project.
• The minor modification to the Specific Plan would not a substantial dverse impact on
surrounding properties.
• The minor modification of the Specific Plan- would not affect the ability to meet
infrastructure and service provisions contained in the Specific Plan.
• The minor modification to the Specific Plan would not significantly' affect the overall
design and visual quality of the project.
The following are examples of minor modifications that do not require a Specific Plan
Amendment and -are subject to review and approval of Planning Director: I
• Modification to the design guidelines, such as revisions to design treatments or changes
to specific plan finish material, plant material, -etc., if it is determined that such -changes
achieve the design intent. •I
• Final utility sizing and precise location of water, sewer and storm drain'age improvements
when directed by the City Engineer and when these modification do hot impact level of
service provided or affect development utility.
• Specific modifications of a similar nature to those listed above, that are deemed minor by the Planning Director, that are in keeping with the intent of the Specific Plan and in
conformance with the General Plan.
• Minor modification aPplications must include findings that demonstrat:e consistency with
the Specific Plan goals and objectives.
10.3. Formal Amendments
All Specific Plan modifications that do not meet the criteria of a minor.: modification shall be -
deemed to require a formal amendment to the approved Specific Plan. The Planning.
Commission and City Council. shall review all format- amendMents for approval. All forrnal amendments to the Specific Plan Shall satisfy the follOWing criteria:
Demonstrate that the proposed amendment meets the goals and objectives of the
Specific Plan and General Plan.
• Ensure that any impacts from the amendment can be satisfactorily mitigated.
• Update any Specific Plan technical studies and/or provide additional environmental
studies deemed necessary by the Planning Director and/or Planning Commission.
ol
Denise Bates
Accounting Manager
repared by:
City of West Covina
Memorandum
AGENDA
Item No
Date August 6, 2013
TO: Christopher J. Chung, City Manager
and City Council
FROM: Nita McKay
Director of Finance & Administrative Services
SUBJECT: CITY TREASURER'S REPORT FOR JUNE 2013
RECOMMENDATION:
It is recommended the City Council receive and file this report.
DISCUSSION:
Section 53646 of the Government Code states that a city's chief fiscal officer may submit
quarterly reports to their legislative body. This report is to include the type of investment,
issuer, date of maturity, par and dollar amount invested in all securities, investments, and
money held by the local agency. It must also include a statement that the portfolio is in
compliance with the City's investment policy, or manner in which it is not in compliance,
and note the ability of the local agency to meet its expenditure requirements for the next six
months or provide an explanation as to why sufficient money may not be available, if
applicable.
Although it is no longer a State requirement to submit quarterly reports to the local
legislative body, the City's investment policy requires the monthly transmittal of the
treasurer's reports to the West Covina City Council.
The June 2013 Report shows the City's portfolio decreased by $7,914,573 from $54,773,183
on May 31, 2013, to $46,858,610 on June 30, 2013. The overall average maturity of the
portfolio is 357 days or approximately 12 months. Just over one percent of the portfolio is on
deposit in various bank accounts. These funds are available to satisfy obligations as needed.
The majority of the portfolio is on deposit in two investment pools. Approximately 26
percent is held in the State of California Local Agency Investment Fund (LAIF) and
approximately 34 percent is in the Los Angeles County Investment Pool (LACIP). These
funds are completely liquid, as the City can withdraw them at any time. The portfolio also
includes two long-term, high-interest investments made in the mid 1980s which constitute
approximately 30 percent of the portfolio. This report also shows cash holdings for the
Successor Housing Agency (SHA) and the Community Facilities District (CFD). The SHA
fimds are used for the Successor Housing Agency operating expenses, including housing
programs. The CFD funds are used for district operating expenses and debt service, and are
invested in a separate LACIP account. Included in this report is $3,537,669 of Successor
Housing Agency funds invested with the City's pooled cash.
Bond Detail Report:
The June 2013 report also includes a Bond Detail Report. This report shows how Fiscal
Agents are investing City and Public Financing Authority cash, which they hold to service
various debts. This information is reported to the City Council quarterly.
Rewed/Api4ovea b3\ Nita McKay
)Director of Finance &
Administrative Services
CITY OF WEST COVINA
STATEMENT OF TREASURER'S ACCOUNTABILITY
June 30, 2013
TYPES OF DEPOSITS: May 31 DEPOSITS WITHDRAWALS June 30
CHECKING ACCOUNTS
WELLS FARGO GENERAL CHECKING
WELLS FARGO BANK GEN AUTO & LIABILITY
WELLS FARGO BANK WORKER'S COMPENSATION
WELLS FARGO PAYROLL
SUB-TOTAL
OTHER INVESTMENTS:
WELLS FARGO SWEEP
US BANK MONEY MARKET
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) *
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC) *
LOCAL AGENCY INVESTMENT FUND - CITY (LAIF)
LOS ANGELES COUNTY POOL (LACIP)
258,070.00
16,181.21
116,498.02
111,449.60
502,198.83
1,074,385.51
5.42
3,688,593.75
10,199,962.50
18,528,901.70
20,779,135.51
25,645,335.75
128,288.95
51,050.51
2,560,441.78
28,385,116.99
12,845,147.91
0.00
8,782.37
25,622,437.75
8,671.72
167,548.53
2,474,159.14
28,272,817.14
9,653,003.96
5.42
6,227,794.31
5,000,000.00
280,968.00
135,798.44
197,732.24
614,498.68
4,266,529.46
3,688,593.75
10,199,962.50
12,301,107.39 *"
15,787,917.88
SUB-TOTAL 54,270,984.39 12,853,930.28 20,880,803.69 46,244,110.98
TOTAL 54,773,183.22 41,239,047.27 49,153,620.83 46,858,609.66
SUCCESSOR HOUSING AGENCY
WELLS FARGO GENERAL CHECKING
PACIFIC WESTERN NAT BANK CHECKING
LOCAL AGENCY INVESTMENT FUND (LAIF)
TOTAL SUCCESSOR HOUSING AGENCY
COMMUNITY FACILITIES DISTRICT REVENUE FUND
WELLS FARGO BANK C.F.D. CHECKING
LOS ANGELES COUNTY POOL (LACIP)
TOTAL FOR C.F.D. REVENUE FUND
3,559,874.81
3,559,874.81
502,524.59
1,585,751.56
2,088,276.15
27,975.34
27,975.34
165,762.27
528.68
166,290.95
50,181.03
50,181.03
25,037.81
25,037.81
3,537,669.12
643,249.05
1,586,280.24
2,229,529.29
" - These two high interest long term investments were made before State Law limited investments to a maximum five-year term without prior Council approval to purchase.
** - Subject to change, pending completion of fiscal year-end closing of the books.
It has been verified that this investment portfolio is in conformity with the City of West Covina's investment policy which was approved by the City Council on January 18, 2005.
The investment portfolio provides sufficient cash flow liquidity to meet estimated expenditures for the next six months. This report is accurate with respect to all information received as of July 22, 2013.
EARNED INTEREST YIELD THIS PERIOD: 2.649% SIX-MONTH TREASURY BILL YIELD: 0.04%
ApPR VED
rian V. Srtysciii, City Treasurer
SUBMIT) BY:
Nita Kay, Dir‘ctor,dFir-i-arilsNidministrative Services
City of West Covina Portfolio Details
June 30, 2013
AVERAGE 06/30/2013 05/31/2013
INVESTMENT INVESTMENT ISSUER MATURITY PURCHASE DAYS TO CUSIP RATE YIELD COST PAR MARKET MARKET
NUMBER TYPE DATE DATE MATURITY VALUE * VALUE *
CHANGE IN
MARKET
VALUE
1986-06-01 ** FHLMC U.S. GOVERNMENT AGENCY 06/01/16 06/01/86 313400MC4 8.250 7.728 10,199,962.50 9,555,000.00 11,498,869.20 11,593,368.15 (94,498.95)
1051 10,199,962.50 9,555,000.00 11,498,869.20 11,593,368.15 (94,498.95)
1985-12-10 ** FNMA U.S. GOVERNMENT AGENCY 12/10/15 12/10/85 313586UB3 10.350 8.418 3,688,593.75 3,000,000.00 3,708,540.00 3,742,500.00 (33,960.00)
880 3,688,593.75 3,000,000.00 3,708,540.00 3,742,500.00 (33,960.00)
1992-04-20 LACIP LOS ANGELES COUNTY TREASURER 04/20/92 1 N/A 0.610 "*" 0.610 15,787,917.88 15,787,917.88 15,787,917.88 20,779,135.51
1989-10-19 LAIF STATE OF CALIFORNIA 10/19/89 1 N/A 0.240 0.240 12,301,107.39 12,301,107.39 12,301,107.39 18,528,901.70
357 TOTALS: 41,977,581.52 40,644,025.27 43,296,434.47 54,643,905.36 (128,458.95)
* - MARKET VALUES HAVE BEEN PROVIDED BY U.S. BANK.
- These two high interest long term investments were made before State Law limited investments to a maximum five-year term.
*** - June 2013 interest rate had not been released by LA County at the time this report was prepared.
Note: The Wells Fargo Sweep account was not included in the calculation of average maturity.
CITY OF WEST COVINA
BOND DETAIL REPORT
June 30, 2013
Description of Bond Type of Bond Type of Investment Description of Issuer Maturity Date Original Cost Shares/Face
Amount Market Value Rate
CITY
1988 Lease Revenue Refunding Bonds Reserve Federated Treasury Obligations Federated Investors Co Open 396,611.71 396,611.71 396,611.71
1988 Lease Revenue Refunding Bonds Reserve Cash 0.00 0.00 0.00
396,611.71 396,611.71 396,611.71
1988 Lease Revenue Refunding Bonds
1988 Lease Revenue Refunding Bonds
L/C Fund
L/C Fund
Original LOC #NZS671159 j CUSIP #586714370 Wells Fargo
Cash
12/3/2013
0.00
0.00
0.00
0.00
0.00
0.00
396,611.71
0.00
0.00
0.00
396,611.71
Ending Balances 396,611.71
2002 PFA Lease Revenue Refunding Bond
2002 PFA Lease Revenue Refunding Bond
Lease Payment
Lease Payment
First American Treasury Oblig Fund CL D
Cash
First American Funds, Inc. Open
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2002 PFA Lease Revenue Refunding Bond Credit Facility 0.00 0.00 0.00
2002 PFA Lease Revenue Refunding Bond Credit Facility 0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
Ending Balances 0.00 0.00 0.00
2003 Community Center COPs
2003 Community Center COPs
Lease Revenue Fund
Lease Revenue Fund
First American Treas Oblig Fd Cl D
Cash
First American Funds, Inc. Open
2,023.50
0.00
2,023.50
2,023.50
0.00
2,023.50
2,023.50
0.00
2,023.50
2003 Community Center COPs
2003 Community Center COPs
2003 Community Center COPs
Reserve Account
Reserve Account
Reserve Account
First American Treas Oblig CI d Corp Trust
FHLB
Cash
First American Funds, Inc.
U.S. Treas & Agency
Open
5/30/2014
3,928.85
285,681.15
0.00
289,610.00
3,928.85
285,000.00
0.00
288,928.85
3,928.85 -
288,117.90 1.420
0.00
292,046.75
Ending Balances 291,633.50 290,952.35 294,070.25
Page 1 of 3
Ending Balances
2006 WC PFA Lse Rev Bd Series A & B
2006 WC PFA Lse Rev Bd Series A & B
2006 WC PFA Lse Rev Bd Series A & B
2006 WC PEA Lse Rev Bd Series A & B
2006 WC PEA Lse Rev Bd Series A & B
2006A Reserve Account
2006A Reserve Account
2006A Reserve Account
First American Treas Oblig CI d Corp Trust
FHLB
Cash
2006A Lse Rev Cap Int A First American Treas Oblig FD CL D
2006A Lse Rev Cap Int A Cash
First American Funds, Inc. Open
First American Funds, Inc. Open
U.S. Treas & Agency 5/30/2014
CITY OF WEST COVINA
BOND DETAIL REPORT
June 30, 2013
Description of Bond
CITY
Type of Bond Type of Investment Description of Issuer Maturity Date Original Cost Shares/Face
Amount Market Value Rate
2004 WC PFA Var Rate Lease Rev Bds Ser A & B
2004 WC PFA Var Rate Lease Rev Bds Ser A & B
Credit Facility
Credit Facility
Direct Pay LOC #0006296
Cash
Wells Fargo Bank, N.A. 11/29/2014
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Ending Balances 0.00 0.00 0.00
2005 WC PFA Var Rate Lease Rev Ref Series C
2005 WC PEA Var Rate Lease Rev Ref Series C
Lease Payment
Lease Payment
First American Treas Oblig Cl d Corp Trust
Cash
First American Funds, Inc. Open 2,703.77
0.00
2,703.77
2,703.77
0.00
2,703.77
2,703.77
0.00
2,703.77
2005 WC PFA Var Rate Lease Rev Ref Series C
2005 WC PEA Var Rate Lease Rev Ref Series C
Credit Facility
Credit Facility Cash
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,703.77
6,638.50
0.00
6,638.50
35,747.30
937,234.65
0.00
972,981.95
2,703.77
6,638.50
0.00
6,638.50
35,747.30
935,000.00
0.00
970,747.30
2,703.77
6,638.50
0.00
6,638.50
35,747.30
945,228.90 1.420
0.00
980,976.20
2006 WC PEA Lse Rev Bd Series A & B
2006 WC PFA Lse Rev Bd Series A & B
2006 WC PEA Lse Rev Bd Series A & B
2006 WC PEA Lse Rev Bd Series A & B
2006 WC PFA Lse Rev Bd Series A & B
2006B Lse Rev Cap Int B First American Treas Oblig FD CL D
2006B Lse Rev Cap Int B Cash
2006B Reserve Account First American Treas Oblig FD CL D
2006B Reserve Account FHLB
2006B Reserve Account Cash
0.00
0.00
0.00
1,362.75
576,374.25
0.00
577,737.00
0.00
0.00
0.00
1,362.75
575,000.00
0.00
576,362.75
0.00
0.00
0.00
1,362.75
581,290.50 1.420
0.00
582,653.25
First American Funds, Inc. Open
First American Funds, Inc. Open
U.S. Treas & Agency 5/30/2014
Ending Balances 1,557,357.45 1,553,748.55 1,570,267.95
*Market valuations have been provided by BNY Western Trust Company and U.S. Bank Corporate Trust Services GRAND TOTALS 2,248,306.43 2,244,016.38 2,263,653.68
Page 2 of 3
5,002,670.40
0.00
5,002,670.40
5,002,670.40
0.00
5,002,670.40
CITY OF WEST COVINA
BOND DETAIL REPORT
June 30, 2013
Description of Bond Type of Bond Type of Investment Description of Issuer Maturity Date Original Cost Shares/Face
Amount Market Value Rate
CITY
Community Facility District (CFI))
1996 Special Tax Bonds
1996 Special Tax Bonds
1996 Special Tax Bonds
1996 Special Tax Bonds
Bonds Fund
Bonds Fund
Reserve Fund
Reserve Fund
First American Treas Oblig Cl d Corp Trust
Cash
Guaranteed Investment Contract
Cash
First American Funds, Inc. Open
Westdeutsche Landesbank Gir 9/1/2022
0.00
0.00
0.00
5,002,670.40 7.010
0.00
5,002,670.40
0.00 0.00
0.00
0.00
0.00
0.00
1996 Special Tax Bonds
1996 Special Tax Bonds
Rebate Reserve Fund
Rebate Reserve Fund
First American Treas Oblig Cl d Corp Trust
Cash
First American Funds, Inc. Open
39,980.00
0.00
39,980.00
39,980.00
0.00
39,980.00
39,980.00
0.00
39,980.00
Ending Balances 5,042,650.40 5,042,650.40 5,042,650.40
Page 3 of 3
City of West Covina
M6noranclum
AGENDA
ITEM NO.
DATE
TO: Christopher J. Chung, City Manager
and; City Council
FROM: Chris Freeland, Deputy City Manager/Community Services Director
5
August 6,2013
SUBJECT: BKK RADIO TOWER LEASE AGREEMENT WITH EDUCATIONAL
MEDIA FOUNDATION
RECOMMENDATION:
It is recommended that the City Council approve the lease agreement with Educational Media
Foundation to rent space on the BKK Radio Tower.
DISCUSSION:
On June 10, 2013, the Educational Media Foundation (EMF) contacted City staff to inquire about
the possibility to co-locate two radio antennas on the existing BKK tower and lease space within
the City's communications facility adjacent to the BKK tower. Educational Media Foundation is
a 501-c3 nori-profit organization that broadcasts Christian radio station (KLOVE) across the
United States.
City staff is in receipt of a survey . done by the city of San Marcos in January . of this year on
cell/radio lease rates. Based on the survey, radio antennas lease rates are between $300-$1 ;000
per month, with cell towers between $1,000-$2,900 per month, depending on the community (i.e.
urban or rural).
In addition, Public Works has been requesting to complete an energy study at the .BKK Tower to
determine what existing power draw is being utilized by the current cell/radio providers on the
I3KK tower and to identify growth potential for additional antennas in the future. The cost of the
.energy study is approximately $1,500. This study is being paid for by EMF.
City staff has negotiated the proposed agreement (Attachment No. 1) with EMF that includes the
following terms:
• Rent: $1,500 per month with increases of three percent (3%) each year of the lease
agreement.
• Term: Five (5) years commencing after sixty (60) days after EMF has completed the
energy study; obtained the necessary Federal, State, and local permits; or at the
completion of the 90 day due diligence period, Whichever is greater. The term of the
lease agreement may be extended five additional terms of five years each, by mutual
agreement.
• Lease Space:
• Installation of a transmitting and receiving antenna on the BKK tower;
Use of the equipment rack inside City of West Covina building adjacent to the
• BKK tower. The proposed cabinet would be mounted in a portion .o of the City's
equipment room that is not currently being utilized by the City of West Covina;
and
• Installation of a small antenna on the City of West Covina building to remotely
access the site.
• Energy Study: EMF to pay up to $1,500 to the City of West Covina for an energy
study to be conducted to determine•the amount of power needed to maintain current
operations and to provide recommendations for future uses.
• Due Diligence Period: EMF will be granted a 90 day period from the execution of the
agreement to provide additional energy at their cost, should the study determine there is
insufficient power for EMF, for EMF to obtain the necessary Federal Communication
Commission approvals, and for the mutual agreement on the placement of antennas to
ensure no interference with existing radio and/or cell towers.
A letter from EMF supporting the major deal points and specification sheet on their antennas is
attached (Attachment No. 2).
FISCAL IMPACT:
There is no cost to the City for the installation of the two antennas and associated equipment. All
costs, including the cost of the energy study will be paid by EMF. The co-location of the
antennas on the BKK tower at the proposed $1,500 per month .rent,, will generate $18,000 in new
General Fund revenues in the first year ; cumulative total of • $95,564 over five years. and a
cumulative total of $856,357 over 30 years.
Public Works staff has also indicated a current need to re-paint the BKK tower to meet . federal
requirements for elevated radio towers. Public Works estimates the cost to repaint the tower is
$50,000, which is programmed to be completed as a capital project in FY 14-15. Funds from this
lease agreement could be used to offset those costs.
Prepared by:
Chris Freeland
Deputy City Manager/Community Services Director
Attachment:
Attachment No. 1 — Proposed Lease Agreement
Attachment No. 2 — EMF's proposal with antenna specification sheet
Public Works
Attachment No. 1
COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") dated as of
, 2013 is hetwee,n Educational Media Foundation ("Lessee")
whose address is 5700 West Oaks Blvd. Rocklin, CA 95765 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:
I. Premises. Lessor represents that Lessor owns the real property legally described in
Exhibit "A" commonly known as the "BKK Communications Tower". • ("Tower"), Assessor's
Parcel Number 8735-002-0,013, located at ,2400 Azusa Avenue, 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.use:
(a) . Identification of Equipment:
i. Transmit Antenna:. A Scala CA5 CP/2.antenna, to be boat on the exiting
tower. The height and,location of antenna to be mutually agreed upon.
ii. Receive Antenna: A Scala CL FM.RX. The height and location of
antenna to be mutually. agreed upon..
iii. Equipment Rack: An equipment rack . inside .Lessor's building located
adjacent to Tower measuring two feet wide by three feet deep and seven
feet high (2'W x 3'D x 71-1), and will include all equipment including
the transmitter.
iv. Low. Earth Orbit (LEO) GPS Antenna: Use of a LEO UPS antenna that
is three quarters of one inch (3/4") high and weighs approximately seven
, ounces (7 oz.) will be permitted, if installed flush with the exterior
surface of the building identified in Section 1(a)(ii) of this Lease,. with a
coax cable which shall connect the LEO GPS Antenna.to the transmitter.
The space on the Tower and the associated equipment are referred to in this Lease as the
"Premises."
2. Use.
(a) Lessee may have non-exclusive use of the Premises for any lawful activity
in connection with the provision of music, local news and informational programming radio
services, including without limitation;. the transmission, and the reception of radio communication
signals on various., frequencies and the installation, .maintenance and operation of .related
communications facilities. Lessee's use shall not impair, disrupt, or interfere with the transmission
or reception of the radio communication signals of other service providers' using the Tower,
Lessor's Property,. or any equipment thereon. (See section 8,, help -W.) Discovery of any such
impairment, disruption, or interference after the execution of this Lease and anytime thereafter,
shall be grounds for immediate termination of this Lease, at Lessor's discretion.
(b) 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.
(c) 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 beyond that defined under Premises, or that requires
additional governmental approval, shall require prior written approval of the Lessor and may be
subject to an amendment to the Lease and/or renegotiation of the change.
(d) 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), including the acqusition of all licenses, permits and authorizations as required
by law.
(e) Lessee shall be solely responsible for the cost of all improvements necessary
to establish its Facilities on the Premises.
(I)
Lessee shall make every effort not to disturb Lessor's activities within the
Property during the installation or daily operation of Lessee's Facilities. Lessor acknowledges
that, from time to time, Lessee's installation and maintenance of its Facilities may intrude upon or
limit Lessor's activities. Lessee, however, shall limit its disturbance wherever possible, and shall
complete all work within a reasonable time. In installing Facilities or conducting daily operations.
Lessee shall comply with the requirements of the West Covina Municipal Code, including
requirements regarding noise regulations.
(g) Lessee agrees not to maintain or permit any nuisances on the Premises, nor
permit the Premises to be used for any purpose other than what is permitted herein, nor use the
Premises in violation of the laws, ordinances, rules or regulations of any public authority
applicable.
3. Lessee's Facilities.
(a) Lessee has the right to 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 ("Lessee's Facilities"). 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 installation work
shall be performed at Lessee's sole cost and expense and in Ecgood and workmanlike manner.
Lessee shall at all times duringthe 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.
(b) Lessee shall fully and promptly pay for all utilities furnished to the Premises
for the use, operation, and maintenance of Lessee's Facilities. Lessee shall be responsible directly
to the appropriate utility companies for all utilities required for Lessee's use of the Premises, and
in no event shall Lessor be liable to Lessee for any power interruption, change in quality or failure
of the supply of electricity or any other utility used by Lessee unless such interruption is caused
by Lessor's conscious disregard of circumstances or actions that may impair the power supply to
the Premises and result in impairment of the operations of Lessee's equipment at the Premises.
(c) 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
Section 10 below.
4. Conditions Precedent.
(a) Licenses, Permits, Approvals: This Lease is conditioned upon Lessee, or
Lessee's assigns, obtaining, and complying with, all applicable governmental licenses, permits and
2
approvals enabling Lessee, or its assigns, to install and operate a public safety radio system on the
Premises.
(0) Energy Study: This -Lease is conditioned upon Lessee's agreement to bear
responsibility for the costs of an energy study 'within the City of West Covina. The energy study
will be conducted by Lessor for a fiat rate of one thousand -five hundred dollars ($1,500), payable
to Lessor in advance. Lessee shall provide payment in full for the energy study within thirty (30)
days of notice by Lessor that payment is due. This Lease shall not commence prior to receipt of
energy study funds.
5. Term. The term of this Lease ("Term") shall be five (5) years. The Term shall
commence sixty (60) days from the ,date of: 1) the end of a ninety (90) day due diligence period,
2) Lessee's receipt of approval of all permits, licenses and authorizations fron.aU Federal, State
and Local authorities, or 3) Lessor's receipt of energy study funds (see section 4(b) of this Lease),
whichever occurs last (the "Commencement Date").
(a) Renewal: The Parties may extend the Term of this Lease for up to five
(5) additional Term(s) ("Renewal Term") in lengths equal to the initial Term. Each -Renewal Term
shall be on the same terms and conditions as set -forth herein, except as the Parties otherwise may
amend pursuant to Section 18(i) of this Lease.
(b) Notice of Termination: Lessee shall provide Lessor with good-faith notice
of intent to renew, or not to renew, ninety (90) days prior to the expiration of the initial Term or
subsequent Renewal Term. This Lease shall automatically extend for an additional -five (5) year
Renewal Term, until all five (5) Renewal Terms have been exhausted, unless . written notification
of Lessee's intention not to extend this Lease is given to Lessor at least thirty (30) days prior to the
expiration of the initial Term or any Renewal Term.
6. • Rent. -
(a) Provided the Lessor has issued Lessee a signed and complete W-9 Form,
Lessee shall pay Lessor, as rent, the sum of one thousand five hundred dollars ($1,500.00) ("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 Rent shall increase annually in an amount of three percent (3%) on
each annual anniversary of the Commencement Date during the term of this Lease, including any
subsequent Renewal Term(s). Rent payments shall be made payable to the City of West Covina,
CA, do Finance Department, 1444 West Garvey Ave., P.O. Box 1440 West Covina, CA 91793.
(b) If the Commencement Date is other than the -first day of a calendar month,
Lessee may pay 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 (1s') 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.
7. 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, surveys, 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 installation of Lessee's Facilities. During any Tests
or pre4nstallation 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-installation 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 in accordance with Section 9 of this Lease.
3
.(b) 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
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. In order that
Lessee's exercise of such rightS shall not cause undue inconvenience or disturbance to Lessor,
Lessee shall notify the City at City of West Covina, CA, c/o Public Works Department, 1444 West
Garvey Ave., P.O. Box 1440 West Covina, Clk 91793 prior to accessing the Property or the
Premises. In emergency ,situations, Lessee may access the Property or the Premises without any
prior notification to Lessor provided that Lessee notifies the City within twenty-tour (24) hours
after such access.
(c) 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. .If any damage to
roadways or parking lots Occurs as a result of Lessee's use of the Premises, Lessee shall notify
Lessor and assume responsibility for the repair in accordance with Section 15 of this Lease. 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.
8. 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 Section 2, above: Lessor 'shall deem such interference with Lessee's
communications operations a material breach, and Lessor shall have the responsibility to promptly
terminate said interference. In the event any such interference does not cease promptly, either by
cessation of broadcasting or remediation, the parties acknowledge that continuing interference may
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 licensees, 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.
9. Termination.
(a) This Lease, in addition to any other remedies which may be pursued in law
or in equity, may be terininated 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.
(b) 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.
(c) This Lease may also be terminated by Lessee without further liability on
thirty (30) days prior written notice (i) if Lessee is unal?le to reasonably obtain or maintain any
certificate, license, permit, authority orapproval from any.govemmental authority, thus, restricting .
Lessee from installing, removing, replacing, maintaining, or operating Lessee's Facilities or using
the Premises in the manner described in Section 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.
(d) Lessee shall, within ninety (90) 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 financially responsible, pursuant to Section 15 of this
Lease, for the replacement of any. trees, shrubs, or other vegetation required for restoring the
Premises to its original environment as of the Commencement Date. If Lesseefails to remove all
improvements brought onto the Premises within. ninety (90) 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 environment and shall inyoice 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) clays 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, fourteen (14) 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 install, 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._Altematively, Lessee
may elect to terminate ,this Lease as ofthe 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 ($5,000,000.00) per occurrence, covering Lessee's use,
occupancy and operations on the Premises, such limit may be satisfied by a combination of primary
and umbrella policies; (2) Automobile Liability witha combined single limit Of one million dollars
($-1,000,000.00) per accident; (3) Workers' Compensation as required by law; and (4) Employer's
Liability with limits of one million dollars ($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 LessQr and Lessee shall have the right to self-insure with respect
to any of the above insurance.
- 5 -
13. Assignment. Lessee may not assign, transfer, or sublease Lessee's 'interest in the
Premises or enter into any collocation agreements or otherwise permit collocation of third party
equipment or facilities on the Premises without Lessor's consent, which consent shall not be
withheld so long as the assignee is financially sound and of good reputation.
14. Title and Quiet Enjoyment. -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.
15. Repairs and Maintenance.
(a) If Lessee, its employees, agents, contractors or subcontractors, cause
damage to the Premises, the Property, or the roadways and parking lots used to access the Premises
or Property, during Lessee's use of the Premises and the Property, Lessee's operation of Lessee's
Facilities, or Lessee's removal of its Facilities, Lessee shall immediately notify Lessor of said
damage. Lessor reserves the right to repair, or cause the repair, of such damage and invoice the
Lessee for actual costs incurred. Lessee shall be responsible for the actual cost of repairing all
damage caused by Lessee, its employees, agents, contractors or subcontractors. Lessor may, at its
sole discretion, allow Lessee to conduct the repairs using Lessor's contractor, Lessee's staff, or
Lessee's contractor. All repair work is subject to Lessor's approval. In the event that Lessee fails
to conduct repairs to the satisfaction of Lessor, Lessor may issue a notice o I default,- ir applicable
pursuant to Section 9 of this Lease, and hold Lessee fully liable for the actual cost of re-
performance of repairs to Lessor's satisfaction. .
(b) Lessee shall maintain Lessee's Facilities within the Premises in a reasonable
condition and shall be solely responsible for the repair and maintenance thereof'. Lessor shall not
be responsible for any vandalism that may occur upon the Premises by circumstances beyond the
reasonable control of Lessor.
(c) Lessee shall maintain its Facilities in accordance with Municipal Code
requirements applicable to same (including, but not limited to, West Covina Municipal Code
Section 26-685.992). Upon Lessee's failure to repair, Lessor reserves the right to repair or cause
the necessary repairs, and Lessee shall be responsible for the full costs incurred by Lessor.
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, has any third party 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 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 ofany 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 Section 16. As used in this Section 16, "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 Section 16 shall survive the expiration or earlier termination of this License.
6
17. Limitation of Liability.
(a) Lessee agrees to indemnify Lessor, its officers, employees and agents
against, and will hold and save each of them harmless from, any and all obligations or liabilities
that may be asserted or claimed by any person, 'firm, entity, corporation, political subdivision or
other organization to the extent arising out of or related to the negligent acts; willful misconduct,
errors or omissions caused by or arising out of operations - or 'activities On the Property by Lessee,
its agents, employees, Or subeontractors, except to the extent such claims, damages, penalties,
obligations, or liabilities arise from the negligence or will -fill misconduct of Lessor, its officers,
employees, and agents.
(b) Lessee will defend any action or actions filed in connection with said claim,
damages, penalties, obligations or liabilities and will pay all reasonable cbsts and expenses,
including-reasonable attorneys' feesincurred in connection therewith.
(c) Lessee will promptly pay any judgment rendered against Lessor, its officers,
employees and agents for any such claims, damages, obligations or liabilities.
(d) In the event that Lessor, its officers, employees and agents are made a party
to any action or proceeding filed or prosecuted against Lessee for such claims or other damages
arising out of or in relation to.the negligence, willful misconduct, errors or °Missions caused by or
arising out of operations or activities on the Property by Lessee, Lessee agrees to indemnify Lessor
as provided herein.
(e) Except for indemnification pursuant to Section 16 of this Lease, and
subsections (a) through (d) of this Section 17, neither party shall be liable to the other, or any of
their respective agents, representatives, or employees, for any lost revenue, lost profits, loss of
technology, rights or services, incidental, punitive, indirect, special or consequential damages ., loss
of data, or interruption or loss of use of service, even if advised of the possibility of such damages,
whether under theory of contract, tort (not including negligence), strict liability or otherwise.
18. Miscellaneous.
(a) Notices shall' be in writing and shall be delivered to Lessee, whose address
is Educational Media Foundation, 5700 West Oaks Blvd. Rocklin, CA 95765, 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 reoeipt requested or reliable overnight
courier.
(b) 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.
• (c) The prevailing party in any legal claim arising hereunder shall be entitled
to its reasonable attorney's fees and court costs, including appeals.
(d) 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.
(e) Terms and conditions of this Lease which by their sense and context survive
the termination, cancellation or expiration of this Lease will so survive. Said terms and conditions
include, but are not limited to, Sections 16(a) and 18 of this Lease.
(0 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. In the event
of litigation between the parties, venue in State trial courts shall lie exclusively in the County of
Los Angeles. In the event of litigation in the U.S. District Court, exclusive venue shall lie in the
Central District of California.
7
(g) No waiver by any party of a breach of any provision of this Lease shall
constitute a waiver of any subsequent breach of the same or any other provision of this Lcase.
(h) The headings contained in this Lease are inserted for convenience only and
arc not intended to be part orthiS Lease. They shall not affect or be utilized in the construction or
interpretation of this Lease.
(1) This Lease constitutes the entire 1,ease between the parties, and supersedes
all understandings, oilers, negotiations, and other leases concerning the subject matter contained
herein. There are no representations or understandings oh' any kind not set forth herein. Any
amendments, modifications or waivers 01' any of' the terms and conditions of this I.,ease must be in
writing and executed by both parties.
IN WITNE:SS WHEREOF, the parties have entered into this Lease ellectiVe as of the date first
above written.
EDUCATIONAL MEDIA FOUNDATION
By:
Julie Yuri:, Leasing Specialist
Date:
CITY OF WEST COVINA
A Municipal corporation
By:
Shelley Sanderson, Mayor
Date:
Approved as to Form
Approved Via Email
Arnold NA. Alvarez-Glasman, City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE
• OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL I:
PARCELS 1 AND 2 OF PARCEL MAP NO.24585, IN THE CITY OF WEST COVINA, AS PER MAP
FILED IN BOOK 301 PAGES 61 THROUGH 68 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL OIL, GAS, AND OTHER HYDROCARBONS AND ALL MINERALS, TOGETHER
WITH THE RIGHT TO DEVELOP, PRODUCE AND EXTRACT THE SAME, AS GRANTED TO
NARCISSE S. GARN1ER, ET AL., BY DEED RECORDED SEPTEMBER.29, 1944 IN BOOK 21288
PAGE 260, OFFICIAL RECORDS.
BY INSTRUMENTS OF RECORD; THE OWNERS OF SAID OIL, GAS, AND OTHER
HYDROCARBONS AND MINERALS; RELINQUISHED ALL OF THEIR RIGHTS TO ENTER UPON
THE SURFACE OF SAID LAND OR THE SUBSURFACE THEREOF TO A DEPTH OF 500 FEET
BELOW THE SURFACE THEREOF, (MEASURED VERTICALLY FROM THE SURFACE, FOR THE
PURPOSE OF DEVELOPING, PRODUCING AND EXTRACTING THE SAME.
PARCEL 2:
PARCEL 5 OF RECORD OF SURVEY BOOK 85, PAGES 10 TO 12 INCLUSIVE, IN THE CITY OF
WEST COVINA, AS PER RECORD OF SURVEY. FILED IN THE OFFICE OFTHE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT FROM THAT PORTION OF SAID LAND INCLUDED WITHIN THE LINES OF THE
RANCHO LA PUENTE DESIGNATED AS "LOT 1-1769-A" ON THE MAP SHOWING THE
PARTITION OF SAID RANCHO, A CERTIFIED COPY OF WHICH MAP IS RECORDED IN BOOK
1260, PAGE 163 OF DEEDS. ALL OIL, GAS AND OTHER HYDROCARBONS AND ALL
MINERALS, TOGETHER WITH THE RIGHT TO DEVELOP, PRODUCE AND EXTRACT THE
SAME, AS GRANTED TO NARC1SSE S. GARNIER, ET AL., BY DEED RECORDED SEPTEMBER
29, 1944 AS INSTRUMENT NO. 325 IN BOOK 21288, PAGE 260, OFFICIAL RECORDS.
BY INSTRUMENTS OF RECORD, THE OWNERS OF AN UNDIVIDED 833.34/1000THS INTEREST
IN SAID OIL, GAS AND OTHER HYDROCARBONS AND MINERALS. RELINQUISHED ALL OF
THEIR RIGHTS TO ENTER UPON THE SURFACE OF SAID LAND OR THE SUBSURFACE
THEREOF TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF (MEASURED
VERTICALLY FROM THE SURFACE) FOR THE PURPOSE OF DEVELOPING, PRODUCING AND
EXTRACTING THE SAME.
EXCEPT THEREFROM THE "PRECIOUS METALS AND ORES THEREOF" AS EXPECTED FROM
THE PARTITION BETWEEN JOHN ROWLAND SR. AND WILLIAM WORKMAN RECORDED IN
BOOK 10 PAGE 39 OF DEEDS.
EDLICATION41. MEDIA FOLINDATN)N
ulv 8, 2013
Chris Freeland
City of West Covina
1444 West Garvey Ave.
PO Box 1440
West Covina, CA 91793
RE: Reasonable Assurance to Collocate FM Radio Equipment on Tower at San lose Hill
Dear Mr. Freeland;
Educational Media Foundation is the parent organization for two FM networks: KLOVE
and AIR1. AIR1 is the format that we will be using on the tower we are requesting
reasonable assurance on so that we can file for permission with the FCC.
AIRl's purpose is to serve our listeners with positive alternative music and
programming with a goal of making our community better. West Covina and the Los
Angeles area will benefit not only from the positive alternative music programming but
the community service that AIR1 provides as well.
KLOVE and AIR1 have responded in communities that have experienced disasters,
such as Joplin, MO and Kansas City, KS. They conduct interviews on the air with first
responders and broadcast updates and vital information to the community. In addition,
the public affairs reporters routinely reach out to local leaders to address ongoing local
challenges. We will do likewise for the residences under the coverage signal of K264A.F.
The equipment that we would like to us is as follows:
• Transmit antenna: Scala CA5 CP/2 at a height of 180' on the tower. Weight will
be approximately 70 lbs. and space requirement will be approximately 39'
including antenna' S manufacturer required clearance on each end.
• Receive antenna: Scala CL FMRX at a height that clears surrounding trees and
buildings. Weight will be approximately 34 lbs. and space requirement will be
approximately 16' including clearance on each end.
• Equipment rack inside City of West Covina building: 2`A/11X3'Dx7'H will include
all equipment including the transmitter. •
• Power requirements for our equipment will be 1.01 Amps and 200 VAC. We will
use approximately 120 kilowatt hours per month.
5700 West Oaks Blvd. Rocklin, CA 95765 0 ph 916.251.1600 0 fx 916.251.1650 0 KLOVE.com 0 Air1.com
LEO (Low Earth Orbit) Antenna: We use a GPS antenna that is 3/4” high and
weighs about 7 oz. It will sit flush on the building with a short coax to the
transmitter. This piece of equipment allows EMF to monitor the transmitter
remotely. We can also adjust/ turn on/off the transmitter using this method as
EMF is prepared to pay $1500/month for rent as well as $1500 for a one-time fee for an
energy study. In addition, EMF is accustomed to leasing tower space for five-year
terms, renewable for additional five-year terms. In other words, EMF enjoys long-term
relationships with tower owners. We are licensed for over 700 signals throughout the
country and lease most of the tower space occupied to broadcast those signals.
FAT would greatly appreciate the privilege of filing on the West Covina Tower with the
FCC using this equipment list, and subsequently following up with the execution of a
lease with the City of Covina.
If there are any questions, please feel free to call or email me. ff I don't have the answers
I can obtain them quickly.
Sincerely,
lulie Yurk, Leasing Specialist
jyurk,kloveair1.com
(916) 251-2239 Direct/Fax
West Covina Public
Financing Authority
MEMORANDUM
AGENDA
Item: 6
Date: August 6, 2013
TO: Christopher J. Chung, Executive Director
and Members of the Public Financing Authority
FROM: Nita McKay
Director of Finance & Administrative Services
SUBJECT: ESTABLISHING A REGULAR MEETING SCHEDULE —
CITY OF WEST COVINA PUBLIC FINANCING AUTHORITY
RECOMMENDATION:
It is recommended that the West Covina Public Financing Authority adopt the attached
Resolution:
RESOLUTION NO. - A RESOLUTION OF THE WEST COVINA PUBLIC
FINANCING AUTHORITY ESTABLISHING A REGULAR MEETING
SCHEDULE AND PROVIDING FOR MATTERS RELATED THERETO
DISCUSSION:
The City of West Covina and the Redevelopment Agency of the City of West Covina entered
into a Joint Exercise of Powers Agreement, dated June 1, 1990, establishing the West Covina
Public Financing Authority ("Authority"). The Authority was established for the purpose of,
among other things, issuing bonds to be used to provide financing and refinancing for public
capital improvements of the City.
To date, the Authority has not established a regular public meeting schedule, due in large part to
a lack of regular business items for the Authority to attend to. Recent changes in State law,
however, require that any resolution of the Authority authorizing bonds, the issuance of bonds,
or accepting the benefit or proceeds of any bonds, be adopted at a regular meeting of the
Authority. (Gov't Code § 6592.1.)
In light of this, it is necessary and advisable for the Authority to adopt the attached Resolution
establishing a regular meeting schedule in anticipation of future financial transactions. The
proposed meeting schedule is contemporaneous with regular meetings of the West Covina City
Council. Notably, the Resolution states that if there is no business for the Authority to attend to
at its regularly scheduled meeting, no agenda will be posted and the meeting will automatically
be canceled.
Prepared by:
Nita McKay
Director of Finance and Administrative Services
I II
RESOLUTION NO.
RESOLUTION OF THE WEST COVINA PUBLIC
FINANCING AUTHORITY ESTABLISHING A REGULAR
MEETING SCHEDULE AND PROVIDING FOR MATTERS
RELATED THERETO
WHEREAS, the City of West Covina, California (the "City") and the Redevelopment
Agency of the City have heretofore entered into that certain Joint Exercise of Powers Agreement,
dated as of June 1, 1990, establishing the West Covina Public Financing Authority (the
"Authority") for the purpose, among other things, of issuing its bonds to be used to provide
financing and refinancing for public capital improvements of the City; and
WHEREAS, in light of changes in State law applicable to the conduct of business by the
Authority, it is necessary and advisable for the Authority to establish a more frequent regular
meeting schedule.
NOW, THEREFORE, The Board of Directors of the West Covina Public Financing
Authority hereby determines, finds, and resolves as follows:
SECTION 1. Recitals. The Board of Directors of the West Covina Public Financing
Authority ("Board") hereby finds and declares that the above recitals are true and correct, and
incorporates them herein this Resolution.
SECTION 2. Regular Meeting Schedule. The Board hereby establishes a regular meeting
schedule of the Authority consisting of the first (1') and third (3r d) Tuesday of every month, for
which an agenda is posted at least 72 hours in advance of such meeting (each, a "Regular
Meeting), beginning on August 20, 2013. Each such regular meeting shall be held at 7:00 p.m. at
1444 West Garvey Avenue, West Covina, California.
SECTION 3. Cancellations without Convening. If there is no scheduled business to
conduct, no agenda for the Authority shall be posted and such Regular Meeting shall be
automatically canceled thereby.
SECTION 4. Amendment of Meeting Schedule. The Regular Meeting schedule
established herein may be amended by the adoption of a supplemental resolution by the Board.
SECTION 5. Delegation of Authority. The Chairperson, the Executive Director and any
one of their respective designees, are, and each of them is, hereby authorized and directed to do
any and all things, and to execute and deliver any and all documents which said officers may
deem necessary or advisable to carry out, give effect to and comply with the terms and intent of
this Resolution.
SECTION 6. Effective Date. This Resolution shall take effect immediately upon its
adoption.
SECTION 7. Certification. The Secretary shall certify to the adoption of this Resolution,
and thenceforth and thereafter the same shall be in full force and effect. Notwithstanding the
foregoing, such certification and any of the other duties and responsibilities assigned to the
Secretary pursuant to this Resolution may be performed by an Assistant Secretary with the same
force and effect as if performed by the Secretary hereunder.
APPROVED AND ADOPTED by the Board of Directors of the West Covina Public
Financing Authority, at a meeting held on the 6 th day of August 2013.
WEST COVINA PUBLIC FINANCING
AUTHORITY
Chairperson Shelly Sanderson
I I I
ATTEST:
City Clerk Laurie Carrico
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the West
Covina Public Financing Authority of West Covina, California, at a regular meeting thereof held
on the 6th day of August 2013, by the following vote of the Board, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold M. Alvarez-Glasman
West Covina Public Financing Authority General Counsel/City Attorney
Christopher J. Chung, City Manager
and City Council Item: 7
Date: August 6, 2013
TO:
City of West Covina
MEMORANDUM
GENDA
FROM: Nita McKay
Director of Finance & Administrative Services
SUBJECT: AUTHORIZATION TO PROCEED ON BOND REFUNDING
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING STAFF
AND CONSULTANTS TO PREPARE THE NECESSARY
DOCUMENTATION FOR THE ISSUANCE OF NOT TO EXCEED
$3,200,000 OF TAX-EXEMPT BONDS TO REFINANCE OUTSTANDING
WEST COVINA PUBLIC FINANCING AUTHORITY LEASE REVENUE
BONDS, 2003 SERIES A (COMMUNITY CENTER PROJECT); AND
APPROVING FINANCING TEAM MEMBERS IN CONNECTION
THEREWITH.
DISCUSSION:
The City of West Covina and the Redevelopment Agency of the City of West Covina entered
into a Joint Exercise of Powers Agreement, dated June 1, 1990, establishing the West Covina
Public Financing Authority ("Authority"). The Authority was established for the purpose of,
among other things, issuing bonds to be used to provide financing and refinancing for public
capital improvements of the City. The Authority issued its prior bonds to finance projects for the
City.
Due to the lower interest rates, City staff is recommending that the prior bonds be refinanced at
this time to achieve debt service savings for the City. To prepare the necessary documentation,
City staff requests approval to work with the financing team members identified in the proposed
Resolution. Once the documentation is prepared, City staff will bring the transaction back to City
Council for approval.
FISCAL IMPACT:
It is estimated that the City will realize an annual savings in debt service payments of
approximately $180,000 for the next 10 years. Also important to note is that the life of the bonds
will be extended for 20 additional years, taking advantage of low financing rates.
Prepared by:
Nita McKay
Director of Finance and Administrative Services
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA AUTHORIZING STAFF AND CONSULTANTS TO PREPARE
THE NECESSARY DOCUMENTATION FOR THE ISSUANCE OF NOT
TO EXCEED $3,200,000 OF TAX-EXEMPT BONDS TO REFINANCE
OUTSTANDING WEST COVINA PUBLIC FINANCING AUTHORITY
LEASE REVENUE BONDS, 2003 SERIES A (COMMUNITY CENTER
PROJECT); AND APPROVING FINANCING TEAM MEMBERS IN
CONNECTION THEREWITH
WHEREAS, the City of West Covina (the "City") and the West Covina Community
Development Commission, as successor to the Redevelopment Agency of the City of West
Covina (the "Commission"), have heretofore entered into a Joint Exercise of Powers Agreement,
dated as of February 1, 1990, establishing the West Covina Public Financing Authority (the
"Authority") for the purpose, among other things, of issuing its bonds to be used to provide
financing and refinancing for public capital improvements of the City; and
WHEREAS, the City desires that the Authority issue its Variable Rate Demand Lease
Revenue Refunding Bonds, 2013 Series A (Community Center Project) (the "Bonds") for the
purpose of refunding all of the Authority's outstanding Lease Revenue Bonds, 2003 Series A
(Community Center Project) (the "Prior Bonds"); and
WHEREAS, the City Council of the City of West Covina (the "City Council") desires to
approve certain members of the financing team in connection with the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. Approval of Recitals. The City hereby finds and determines that the
foregoing recitals are true and correct.
SECTION 2. Authorization to Prepare Documents. The City hereby authorizes staff
and Bond and Disclosure Counsel to prepare necessary documentation for review and approval
by the City and the Authority for the refunding of the Prior Bonds in an aggregate principal
amount not to exceed $3,200,000.
SECTION 3. Approval of Certain Financing Team Members. The City hereby approves
the appointment of (a) Fulbright & Jaworski LLP, to provide Bond and Disclosure Counsel
services in connection with the Bonds, (b) Fitzgerald Public Finance, a division of Gates Capital
Corporation, as Underwriter/Placement Agent in connection with the Bonds, (c) Gates Capital
Corporation, as Remarketing Agent for the Bonds, and (d) U.S. Bank National Association, as
Trustee in connection with the Bonds. The City Manager is hereby authorized and directed to
execute services agreements with these financing team members.
SECTION 4. Effective Date. This Resolution shall become effective immediately upon
adoption.
SECTION 5. Certification. The City Clerk shall certify to the adoption of this
Resolution.
Mayor Shelly Sanderson
ATTEST:
City Clerk Laurie Carrico
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of West Covina, California, at a regular meeting thereof held on the 6 111 day
of August 2013, by the following vote of the Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
City of West Covina
Memorandum
AGENDA
Item: 8
Date: August 6, 2013
TO: Christopher J. Chung, City Manager
and City Council
FROM: Nita McKay, Director of Finance and Administrative Services
SUBJECT: PROPOSITION A FUND EXCHANGE — CITY OF INDUSTRY
RECOMMENDATION:
It is recommended that the City Council approve the attached agreement authorizing the sale of
Proposition A Funds to the City of Industry and authorize the City Manager to execute said
agreement.
DISCUSSION:
The City adopted a balanced General Fund budget for the 2013-14 fiscal year. One of the
measures the City has used over the last several years to generate additional General Fund
revenues has been the sale of Proposition A Transit Funds at a discount to other cities in
exchange for unrestricted General Fund dollars.
The City will receive approximately $1,800,000 in Proposition A Local Return transit funds that
can only be used for public transportation purposes. The City also receives approximately
$1,500,000 in Proposition C Local Return transit funds as well as an estimated $1,100,000 in
Measure R Funds that can be used for similar purposes. The sale of Proposition A funds have no
impact on the City of West Covina's transit system which is funded with Proposition
C funds. This exchange will provide the City with unrestricted General Fund dollars that can be
used for any purpose, such as police and fire services.
City staff has negotiated the sale of $1,700,000 of West Covina Proposition A Funds to the City
of Industry in exchange for $1,275,000 of their unrestricted General Fund dollars that will be
deposited into the City's General Fund. The City of Industry will use these funds for qualified
transportation purposes. This exchange will mitigate the need for more drastic budget cuts or
further use of General Fund reserves.
FISCAL IMPACT:
The Exchange of Proposition A Funds will generate $1,275,000 in General Fund revenues. This
exchange was included in the 2013-14 fiscal year adopted budget.
Prepared by:
Nita McKay
Director of Find and Administrative Services
I I I
FUND TRADE AGREEMENT
BETWEEN THE CITY OF WEST COVINA, CALIFORNIA
AND THE CITY OF INDUSTRY, CALIFORNIA
This Assignment Agreement is made and entered into this day of
2013, by and between the City of West Covina, California ("West Covina") and the City of
Industry, California ("Industry") with respect to the following facts:
A. Industry proposes to provide ongoing operating funding providing fixed route, medi-ride,
and recreation services to the residents of Industry and to provide for certain capital
projects eligible for Proposition A Funds. Adequate Proposition A Local Return funding
for such services is not available given the limited amount of Industry's Local Return
allocation.
B. West Covina has uncommitted funding authority for its Fiscal Year 2013-14 allocation of
Proposition A Local Return funds that can be made available to Industry to assist in
providing the services discussed in Paragraph A. West Covina is willing to assign
uncommitted Proposition A Local Return funding to Industry for the purpose identified in
Paragraph A in exchange for the assignment by Industry of the amount of its general
funds indicated in Section 1 below.
Now, therefore, in consideration of the mutual benefits to be derived by the parties and of the
premises herein contained, it is mutually agreed as follows:
1. Exchange. West Covina agrees to assign One Million Seven Hundred Thousand Dollars
($1,700,000) of its Fiscal Year 2013-14 Proposition A Local Return funding authority to
Industry. In return, Industry agrees to assign One Million Two Hundred Seventy-Five
Thousand Dollars ($1,275,000) of its general funds to West Covina.
2. Consideration. West Covina shall assign the agreed upon Proposition A Local Return
funds to Industry in one lump sum payment. Industry shall also assign the agreed upon
general funds to West Covina in one lump sum payment. The lump sum payment by
Industry shall be due and payable upon approval by the Los Angeles Metropolitan
Transportation Authority (LAMTA) of West Covina's project description covering the
services discussed in Paragraph A.
3. Term. This Agreement is effective on the date above written and for such time as is
necessary for both parties to complete their mutual obligations set forth herein.
4. Termination. Termination of this Agreement may be made by either party so long as
written Notice of Intent to terminate is given to the other party at least 5 days prior to the
termination.
5. Notices. Notices shall be given pursuant to this Agreement by personal service on the
party to be notified or by written notice upon such party by certified mail deposited in the
custody of the United States Postal Service addressed as follows:
CITY OF WEST COVINA
1444 West Garvey Avenue
West Covina, CA 91790
Attn: Nita McKay, Director of Finance and Administrative Services
CITY OF INDUSTRY
15625 East Stafford Street
Industry, CA 91744-0366
Attn: Phyllis Tucker, City Treasurer
6. Assurances.
a. Industry shall use the assigned Proposition A Local Return funds only for the
purpose of providing the services discussed in Paragraph A of this Agreement and
within the time limits specified in LAMTA's Proposition A Local Return
Program Guidelines.
b. Concurrently with the execution of this Agreement, Industry shall provide
LAMTA with the Standard Assurances and Understandings Regarding Receipt
and Use of Proposition A funds specified in the Guidelines regarding the use of
the assigned Proposition A Local Return Funds.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective officers, duly authorized, on the day and year above written.
CITY OF WEST COVINA CITY OF INDUSTRY
By By
Christopher J. Chung Kevin Radecki
City Manager City Manager
ATTEST:
Sue Rush Jodi Scrivens
Assistant City Clerk City Clerk
Approved as to Form: Approved as to Form:
Arnold M. Alvarez-Glasman Michele Vadon
City Attorney City Attorney