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Agenda Item No. 13 August 6, 2024 | 1
City of La Palma
Agenda Item No. 13
MEETING DATE: August 6, 2024
TO: City Council
FROM: City Manager
SUBMITTED BY: Andy Ramirez, Director of Public Works & Community Services
AGENDA TITLE: Award of Contract for Zone 7 Slurry Seal Improvements RECOMMENDED ACTION:

It is recommended that the City Council:

1. Approve an Award of Contract in the amount of $134,046.00 to Doug Martin Contracting Company, Inc. for Zone 7, ST-373 Slurry Seal Improvements;

2. Authorize the City Manager or designee to execute the agreement and all necessary documents; and

3. Authorize a 15% contingency for unforeseen change orders.

BACKGROUND:

None.

SUMMARY:

On June 27, 2024 the City advertised and solicited bids via OpenGov for City Project No. ST-373. On July 9th, the City conducted a pre-bid meeting to review the project conditions, schedule, and work sites. A total of five (5) contractors attended the pre-bid meeting. The scheduled bid date was set for July 16, 2024.

On July 16, 2024, six (6) bids were received along with the signed addendum. Staff reviewed the bid documents and confirmed that Doug Martin Contracting Company, Inc. submitted all the required documents with their bids. The Contractors' bid amounts are outlined below:

Bidding Contractor Total Bid

1. Doug Martin Contracting Co., Inc. - La Habra $134,046.00

Agenda Item No. 13 August 6, 2024 | 2

2. All American Asphalt - Corona $143,908.00

3. Pavement Coatings Co. - Jurupa Valley $160,236.00

4. Roy Allan Slurry Seal, Inc. - Santa Fe Springs $175,708.00

5. American Asphalt South, Inc. - Riverside $192,759.00

6. Native Builders, Inc. - Riverside $299,600.00
A fiscal analysis verified that the original budget of $200,000 for this project is sufficient to complete all the work.

The table below presents the total project cost, including a fifteen percent contingency.

Description Base Bid
Construction cost $134,046.00
Contingency 15% $20,106.90
Construction Engineering, Construction
Management, Inspections (contract services) $25,000
Total Estimated Project Construction Cost: $179,152.90
Staff recommends that the City Council award the contract in the amount of $134,046. Approval of the agenda item also authorizes the expenditure of all available contract construction inspection services and contingencies in the project. The contingencies will be available for any necessary change orders associated with unforeseen circumstances. Examples include concrete removal and replacement not identified in the scope of work for the project, or any other miscellaneous repairs necessary to complete the project. Said circumstances are typical for this type of project. The contingency amount is proposed at fifteen percent (15%) of the construction cost. The contract may be increased a maximum of twenty-five percent (25%) per the Standard Specifications for Public Works Construction, otherwise known as the “Greenbook.” Doug Martin Contracting Company, Inc. has performed similar work for surrounding agencies over the years. They also have performed work for the cities/agencies of City of La Palma, Bell Gardens, Dana Point, Oceanside, San Clemente and Ventura County. References from these other clients indicate that their work product was excellent.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The award of contract is Categorically Exempt from the California Environmental Quality Act (CEQA) based upon a Class 1 exemption (Cal. Code Regs., Title 14, Section 15301). The Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration to existing public or private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The City’s Capital Improvement Program consists of minor maintenance applications on existing residential streets involving negligible expansion of the existing use and therefore qualifies as a Class 1 exemption.

Agenda Item No. 13 August 6, 2024 | 3

TENTATIVE SCHEDULE
Award contract August 6, 2024
Execute agreement August 21, 2024
Commence construction September 2024
Complete construction October 2024
Poject closeout November 2024
ANALYSIS:

None.

FISCAL IMPACT:

The FY 2024-25 Capital Improvement Plan Budget includes $200,000 for residential street rehabilitation for Zone 7 (012-900-8130-00000).

ATTACHMENTS:

1. City Slurry Seal 7 Agreement

Agenda Item No. 14 August 6, 2024 | 1
City of La Palma
Agenda Item No. 14
MEETING DATE: August 6, 2024
TO: City Council
FROM: City Manager
SUBMITTED BY: Ron Wilkerson, Police Chief
Ryan Hallett, Assistant City Manager
AGENDA TITLE: Accept Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program
RECOMMENDED ACTION:

It is recommended that the City Council:

1. Adopt a Resolution to accept a $88,000 grant award from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program; and

2. Authorize the City Manager or designee to sign grant-related documents.

BACKGROUND:

In February 2024, staff collaborated with the City's grant writing consultant to submit a grant application for $88,000 from the California Highway Patrol's Cannabis Tax Fund Grant Program. This grant covered multiple areas, including law enforcement training, public education and prevention, and enforcement efforts.

SUMMARY:

The City has been awarded $88,000 from the California Highway Patrol's Cannabis Tax Fund Grant Program. This funding will significantly bolster the Police Department's capacity to adopt a proactive stance on public safety. By supporting enhanced enforcement measures, public education efforts, and advanced officer training, the Police Department will make substantial progress towards creating safer roadways and reducing impaired driving incidents.

ANALYSIS:

This grant funding will enable the Police Department to shift from a reactive approach to a proactive strategy in mitigating impaired driving incidents and enhancing public awareness regarding the dangers associated with impaired driving.

Agenda Item No. 14 August 6, 2024 | 2
Proactive Enforcement and Public Education:

1. Saturation Patrols:
o The funding will facilitate the implementation of saturation patrols, significantly increasing law enforcement presence and deterrence on the roads. o This proactive measure aims to prevent impaired driving incidents before they occur, rather than responding post-incident.

2. Public Education:
o The use of message boards funded by the grant will serve as effective tools to educate the public about the risks of impaired driving.
o These educational efforts will target a broad audience, promoting voluntary compliance with traffic laws and fostering safer driving behaviors.

Advanced Training for Officers:

1. Enhanced Training Opportunities:
o The grant will provide resources for several officers to attend advanced training programs that were previously inaccessible.
o These training programs will equip officers with specialized knowledge and skills, enhancing their effectiveness in the field and their ability to address impaired driving more competently.

2. Resource Allocation:
o The funding will grant the Police Department access to essential resources currently unavailable, enabling officers to undertake initiatives aimed at improving road safety. o By investing in officer training and public education, the department will be better positioned to ensure safer roads and reduce the incidence of impaired driving crashes.

FISCAL IMPACT:

The $88,000 grant from the California Highway Patrol's Cannabis Tax Fund will support law enforcement training, public education, and enforcement efforts without requiring matching or leveraging of other funds. This funding allows the Police Department to implement saturation patrols, use message boards for public education, and provide advanced training for officers, thereby enhancing public safety and reducing impaired driving incidents, all without additional City funds.

ATTACHMENTS:

1. Letter of Intent

2. Resolution

Agenda Item No. 15 August 6, 2024 | 1
City of La Palma
Agenda Item No. 15
MEETING DATE: August 6, 2024
TO: City Council
FROM: City Manager
SUBMITTED BY: Ryan Hallett, Assistant City Manager
AGENDA TITLE: Agreement for Financial Consulting Services RECOMMENDED ACTION:

It is recommended that the City Council approve and authorize the City Manager to execute an agreement with Governmental Financial Services (“GFS”) for financial consulting services.

BACKGROUND:

GFS has been providing financial services to La Palma for over twenty years. The company is owned by Michael Matsumoto and Julie Matsumoto, both Certified Public Accountants. Julie joined GFS in 2007 and has provided accounting and consulting services to several cities, including La Palma, since that time. GFS has been preparing the City’s annual State Controller report and monthly bank reconciliations, as well as assisting with monthly and quarterly financial reporting and the year-end closing and annual audit. Much of the accounting work that GFS provides is ongoing and helps safeguard the City’s fiscal resources by guaranteeing that proper accounting principles are adhered to, including ensuring adequate internal controls. In addition, GFS has been helpful with several projects, including calculating labor negotiation requests from the various employee groups, analyzing the proposal for the cell tower lease modification, and preparing the Last and Final ROPS.

SUMMARY:

The agreement with GFS would be effective August 8, 2024, through January 31, 2027. As in the past, GFS will assist with budget development, fiscal impact assessments, financial reporting, bank reconciliations, quarterly reports, year-end closing, and state financial submissions. Compensation includes an hourly rate of $165 and fixed fees for certain reports, not exceeding $190,000 annually.

ANALYSIS:

None.

Agenda Item No. 15 August 6, 2024 | 2
FISCAL IMPACT:

The contract shall not exceed $190,000 per year. Funding is already allocated for this purpose in the FY 2024-25 Budget and will be included into future budgets.

ATTACHMENTS:

1. Professional Services Agreement

Page | 1

PROFESSIONAL CONSULTING SERVICES AGREEMENT BETWEEN CITY OF LA PALMA

AND GOVERNMENTAL FINANCIAL SERVICES FOR CONSULTING SERVICES RELATED TO THE EFFECTIVENESS AND EFFICIENCY OF THE CITY’S FINANCIAL ACTIVITIES THIS PROFESSIONAL CONSULTING SERVICES AGREEMENT (“AGREEMENT”) is made and entered into on August 8, 2024 ("Effective Date”), by the CITY of LA PALMA, a municipal corporation, (hereinafter referred to as “CITY”) and Governmental Financial Services (hereinafter referred to as “CONTRACTOR”), with the principal place of business at 3972 Barranca Parkway, Suite J411, Irvine, CA 92606 with said CONTRACTOR’s business license issued in Irvine, California. The CITY and the CONTRACTOR may each be referred to individually as a “PARTY” or collectively as the “PARTIES.”

RECITALS
A. WHEREAS, on July 5, 2022, the CITY entered into that certain Professional Consulting Services Agreement with the CONTRACTOR for consulting services related to the effectiveness and efficiency of the CITY’s financial activities (“Original Agreement”); B. WHEREAS, the Original Agreement terminated by its own terms on June 30, 2024; C. WHEREAS, the PARTIES hereby desire to enter into this AGREEMENT for Professional Consulting Services;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the PARTIES agree as follows:

ARTICLE 1

TERM AND EFFECTIVE DATE OF AGREEMENT

1.0 All PARTIES agree the CITY is under no obligation to use the services of the CONTRACTOR during the term of this AGREEMENT. The CITY does not guarantee CONTRACTOR will work a certain number of hours or be offered a certain number of work projects.

1.1 The term of the AGREEMENT shall be from August 8, 2024, through January 31, 2027, unless cancelled by either party under Article 2.0 of this AGREEMENT.

ARTICLE 2

RIGHT TO CANCEL

2.0 Either PARTY may cancel this AGREEMENT with or without cause, by giving the other PARTY a thirty (30) day written notice. Upon cancellation, the CITY will pay the CONTRACTOR for services performed to the date of termination. The PARTIES acknowledge and agree that the right to cancel is a negotiated term of this AGREEMENT and not intended, in any way, to affect the status of CONTRACTOR as an independent CONTRACTOR.

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ARTICLE 3

INDEPENDENT CONTRACTOR

3.0 The CONTRACTOR and the CITY agree that any and all members of the CONTRACTOR’S business are independent contractor(s) and no employee-employer, partnership, joint venture, or agency relationship exists between the CONTRACTOR and the CITY. The CONTRACTOR enters into this AGREEMENT and will remain throughout the term of the AGREEMENT as an independent contractor.

The CONTRACTOR agrees that it, its partners, officers, employees, agents, and subcontractors, are not and will not become an employee, partner, agent or principal of the CITY while this AGREEMENT is in effect solely because of the existence of this AGREEMENT. The CONTRACTOR agrees that it, its partners, officers, employees, agents, and subcontractors, are not entitled to the rights and benefits of CITY employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement, or any other employment benefit including benefits under California Public Employees’ Retirement System. The CONTRACTOR is responsible for providing, at its own expense, disability or unemployment and other insurance, workers’ compensation, training, permits and licenses for CONTRACTOR and for CONTRACTOR’s employees and subcontractors.

ARTICLE 4

FINANCIAL CONSULTING SERVICES RELATED TO THE EFFECTIVENESS AND EFFICIENCY OF THE CITY’S FINANCIAL ACTIVITIES

4.0 SPECIFIC SERVICES – The CONTRACTOR agrees to provide a variety of finance and accounting services to the City Manager and senior management and to assist the CITY as indicated in the Scope of Services in Article 4.1.

4.1 SCOPE OF SERVICES – The CONTRACTOR agrees to provide the following services:
(a) Assist staff with budget development of the annual budget. (b) Assist in assessing the fiscal impacts for agenda reports as requested. (c) Be available to provide guidance to CITY staff as requested. (d) Preparation of bank reconciliations.
(e) Assist with preparation of quarterly financial and treasurer’s reports. (f) When requested, will review journal entries and/or provide assistance with preparation of such; in no instance will our review be construed as approval of transactions as such approval is necessarily provided by responsible CITY staff.
(g) Assist staff with the year-end closing and annual audit. (h) Prepare a reconciliation of the annual financial statements to the CITY’s general ledger (after financial statement preparation by the auditors) and look over the financial statement notes for overall consistency with year-end closing schedules.
(i) Assist in preparing a draft Management Discussion and Analysis (MD&A) for the annual financial statements (after financial statement preparation by the auditors). CITY staff will need to provide explanations and determine what are appropriate to include. (j) Prepare and electronically transmit the CITY’s State Controller’s Report of Financial Transactions (after completion of the annual financial statements by the auditors). (k) And other tasks as requested by the CITY and agreed to by the CONTRACTOR.

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NO INVESTMENT ADVICE OR INVESTMENT SERVICES WILL BE PROVIDED BY THE CONTRACTOR. NO CITY DECISIONS OR POLICY DIRECTIONS WILL BE MADE BY THE CONTRACTOR. NO CITY APPROVALS WILL BE MADE BY THE CONTRACTOR.

4.2 STANDARD OF PERFORMANCE – The CONTRACTOR represents that each individual who the CONTRACTOR utilizes will be a Certified Public Accountant, licensed in the State of California and has the qualifications and skills necessary to perform the services under this AGREEMENT in a competent and professional manner, without the advice or direction of the CITY. That individuals providing services be licensed Certified Public Accountants is a requirement of this AGREEMENT.

4.3 CERTIFICATION OR REGISTRATION – The CONTRACTOR agrees that all individuals who provide services to the CITY will maintain certifications as a Certified Public Accountants. The CITY may request the CONTRACTOR to submit proof of the CONTRACTOR’s current certifications at any time during the term of the AGREEMENT.

4.4 EXPENSES AND TAXES – The CONTRACTOR agrees to pay all fees, fines, taxes, or other costs of doing business related to the CONTRACTOR’s services. The CITY will not withhold any taxes for the CONTRACTOR. If the Internal Revenue Service or any other Federal or State governmental agency should inquire about the CONTRACTOR’s status as an independent contractor, each PARTY agrees to inform the other party and allow the other PARTY to participate in any discussion or negotiation with the agency.

4.5 AVAILABILITY – The CONTRACTOR, at the CONTRACTOR’s sole discretion, will determine whether or not the CONTRACTOR is available to accept or willing to accept a CITY project.

4.6 NON-EXCLUSIVITY – The CONTRACTOR is not required to perform services exclusively for the CITY, and, subject to any applicable conflict of interest laws, rules, or procedures of the CITY, may perform services for any other person or entity, provided other services do not interfere with the services the CONTRACTOR has agreed to provide under this AGREEMENT.

4.7 TOOLS, MATERIALS AND EQUIPMENT – The CONTRACTOR agrees to supply all tools, materials and equipment required to perform the services under this AGREEMENT.

4.8 MEANS, DETAILS AND MANNER OF PERFORMANCE – The CONTRACTOR has complete and sole discretion for the manner in which the work under this AGREEMENT will be performed.

The CONTRACTOR has complete and sole discretion regarding who will perform the services under this AGREEMENT.

ARTICLE 5
CONTRACTOR’S COORDINATORS

5.0 The CONTRACTOR’S assistants are not authorized to make changes to this AGREEMENT.

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ARTICLE 6

PAYMENT FOR SERVICES

6.0 COMPENSATION – The CONTRACTOR shall provide the services described in this AGREEMENT and shall be compensated at an hourly rate of $165 per hour, except for the State Controller’s Report of Financial Transactions, which is done at a fixed fee of $3,300 for Fiscal Year 23/24, $3,400 for Fiscal Year 24/25, and $3,500 for Fiscal Year 25/26. The total compensation amount, including the hourly rate and fixed fees shall not exceed $190,000 per year during the term of the AGREEMENT.

ARTICLE 7

SUBMISSION OF INVOICES

7.0 Unless otherwise stated, the CONTRACTOR shall submit invoices no later than thirty (30) days from the end of each month.

7.1 The CONTRACTOR shall submit written invoices.

7.2 The CONTRACTOR’s invoice must include the project descriptions.

ARTICLE 8

MISCELLANEOUS PROVISIONS

8.0 WORK PRODUCT – The CONTRACTOR hereby agrees that all work products produced pursuant to this AGREEMENT, and provided to the CITY during and upon completion of this AGREEMENT, shall be the property of the CITY and ownership of said work product shall be retained by the CITY. The CONTRACTOR may retain copies and files used in the preparation of any work product; however, the CONTRACTOR shall not distribute the information to anyone unless directed by the CITY.

8.1 REPRESENTATIONS AND WARRANTIES – The CONTRACTOR represents and warrants the following statements are true:
(a) NO GRATUITIES. The CONTRACTOR has not directly or indirectly offered or given any gratuities (in the form of entertainment, gifts, or otherwise,) to any CITY personnel to secure this AGREEMENT or to secure favorable treatment with respect to any determinations concerning the performance of this AGREEMENT.
(b) NO CONFLICT OF INTEREST. The CONTRACTOR has no interest that would constitute a conflict of interest; both parties agree that the CONTRACTOR will not prepare a Statement of Economic Interests Form 700.
(c) NO INTERFERENCE WITH OTHER AGREEMENTS. This AGREEMENT does not constitute a conflict of interest or default under any other CITY agreement. (d) COMPLIANCE WITH LAWS. The CONTRACTOR is in compliance with all laws, rules and regulations applicable to the CONTRACTOR’s business and the CONTRACTOR pays all its undisputed debts when they come due.

Docusign Envelope ID: 2DD6C08F-F33F-4DC4-ADD5-9628414591E0

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(f) NON-DISCRIMINATION/NO HARASSMENT. The CONTRACTOR does not unlawfully discriminate against any employee or applicant for employment because of age, ancestry, color, creed, disability (mental and physical) including HIV and AIDS, marital and domestic partner status, medical condition, national origin, race, religion, request for family and medical care leave, sex (including gender identity), and sexual orientation. The CONTRACTOR does not engage in unlawful harassment, including sexual harassment, with respect to any persons with whom the CONTRACTOR may interact with in the performance of this AGREEMENT. The CONTRACTOR takes all reasonable steps to prevent harassment from occurring.

8.2 CHANGES IN WORK - All changes, additions, deletions, or modifications to the services provided under this AGREEMENT shall be written, and agreed upon by the CONTRACTOR, in writing.

8.3 LIMITATIONS OF LIABILITY – The CITY will not be liable to the CONTRACTOR for any indirect, special, or consequential damages, including lost profits or revenue, arising from or relating to this AGREEMENT, regardless if the CITY was advised of the possibility of such loss or damage. In no event will the CITY’s liability for direct damages arising from or related to this AGREEMENT, for any cause whatsoever, and regardless of the form of action, whether in contract or tort, exceed the amounts paid to the CONTRACTOR by the CITY under this AGREEMENT.

8.4 INDEMNIFICATION - The CONTRACTOR agrees to obtain insurance (see 8.5 below) by which to defend, indemnify, protect, and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them arising out of the CONTRACTOR’S negligence, wrongful act, or omission in performance of the services set forth in this AGREEMENT, only up to the amount of the insurance coverage set forth in paragraph 8.5 herein below.

8.5 INSURANCE COVERAGE – The CONTRACTOR shall obtain and maintain during the life of this AGREEMENT all of the following insurance coverage:
(a) Automobile liability for owned, hired and non-owned vehicles utilized by the CONTRACTOR, its employees or subcontractors in the amount of $100,000 per occurrence; and (b) The CONTRACTOR shall obtain and maintain during the life of this AGREEMENT Workers Compensation Insurance for its employees and subcontractors (if any). (c) Professional liability insurance in the amount of $1,000,000.

The CITY understands that the CONTRACTOR's insurance will not permit the CITY to be a named additional insured party.

8.6 ASSIGNMENT - Neither PARTY may assign its rights or duties under this AGREEMENT.

This AGREEMENT binds the PARTIES as well as their heirs, successors, and assignees.

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8.7 CONFIDENTIAL INFORMATION; PUBLICITY - All information disclosed to the CONTRACTOR and all information gained while providing services under this AGREEMENT should be considered confidential. The CITY owns the confidential information and the CITY authorizes the CONTRACTOR to use it only for purposes of performing this AGREEMENT, unless the CITY notifies the CONTRACTOR, in writing, of any other use.

8.8 ENTIRE AGREEMENT - This AGREEMENT contains the entire understanding between the CITY and the CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this AGREEMENT shall be effective only if in writing and signed by each PARTY. If any term, condition or covenant of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGEREMENT shall be valid and binding. The PARTIES expressly agree that the July 2022 Agreement shall terminate and be of no further force or effect as of the Effective Date.

8.9. WAIVER - Waiver by any party hereto of any term, condition or covenant of this AGREEMENT shall not constitute the waiver of any other term, condition or covenant hereof.

8.10 GOVERNING LAW - This AGREEMENT shall be interpreted and construed according to the laws of the State of California.

8.11 ATTORNEY’S FEES & COSTS - If litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable attorney’s fees and costs.

8.12 NOTICES
All notices shall be personally delivered or mailed to the addresses listed below:

Governmental Financial Services
3972 Barranca Parkway, #J411
Irvine, CA 92606
City of La Palma
Attn: City Manager
7822 Walker Street
La Palma, CA 90623

8.13 AUTHORITY OF SIGNATORIES: The persons executing this AGREEMENT on behalf of the PARTIES hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that by so executing this AGREEMENT the PARTIES are formally bound to the provisions of this AGREEMENT.

8.14 RECITALS. The recitals set forth above are incorporated by this reference as though fully set forth in this AGREEMENT.

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The PARTIES hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF LA PALMA
By _____________________________________
Conal McNamara
City Manager
ATTEST:
__________________________________
Kimberly Kenney, CMC
City Clerk

GOVERNMENTAL FINANCIAL SERVICES
By
Julie Matsumoto
Principal
Docusign Envelope ID: 2DD6C08F-F33F-4DC4-ADD5-9628414591E0

Agenda Item No. 16 August 6, 2024 | 1
City of La Palma
Agenda Item No. 16
MEETING DATE: August 6, 2024
TO: City Council
FROM: City Manager
SUBMITTED BY: Jesse Amend, Captain
AGENDA TITLE: Renewal of Agreement with Motorola Solutions for GIS Managed Services.

RECOMMENDED ACTION:

It is recommended that the City Council authorize the City Manager to execute the five-year quote and purchase addendum with Motorola Solutions for continued GIS Managed Services and related mapping software upgrades.

BACKGROUND:

None.

SUMMARY:

The Police Department utilizes Motorola Solutions for use of their Computer Aided Dispatch & Records Management System (CAD/RMS) needs; as well as Motorola Solutions GIS (Geographic Information System) Managed Services for the maintenance of the Police Department's GIS infrastructure. Motorola's professionals are highly versed in CAD/RMS being that they are interacting with their own products, giving them a high level of expertise in the integration of ESRI GIS software with the CAD/RMS systems. This direct, all-service approach by Motorola has allowed the Police Department to improve efficiencies and expedite map updates.

There are few GIS professionals that understand the uniqueness of ESRI GIS software and the needed integration with our Motorola CAD/RMS systems. Motorola staff's their own in-house personnel to handle the ESRI GIS map updates for their client agencies, making them ideal for the La Palma Police Department. Because of Motorola's responsive all-service approach, Staff recommends a 5-year renewal agreement with Motorola GIS Managed Services. As part of this agreement, Motorola would facilitate migrating our current ESRI GIS software to the latest version, ESRI ArcGIS pro.

The attached quote and purchase addendum for GIS Managed Services and ArcGIS Pro Migration is valid for five years, with an approximate annual cost of $16,000 and a total five-year cost of approximately $79,400.

Agenda Item No. 16 August 6, 2024 | 2
ANALYSIS:

None.

FISCAL IMPACT:

The FY 2024-25 Budget includes funding for the first-year payment of $16,000 (001-270-6000). The annual payment for years two through five will be incorporated into future budgets.

ATTACHMENTS:

1. Quote and Purchase Addendum

Quote and Purchase Addendum
Quoted Date: April 11, 2024 Quote Number: 1378657
Quote Expiration: August 15, 2024 Prepared By: Tally Gochis Services Include
 Project Management and Installation – Motorola Solutions will assign a Flex Project Manager as the agency’s single point of contact. This individual will coordinate Motorola's expert staff as needed to ensure a smooth upgrade transition.

Included in Quote
 Custom GIS Managed Services – 5
Year Renewal
 ArcGIS Pro Migration
Package Quote
$15,869.06
*Sales Tax Not Included
Custom GIS Managed Services Years 2-5
 Years 2-5 is listed below for your planning purposes and is not included in the first year purchase amount.
 2nd-year payment will begin 12 months from production implementation.

Year 2 Payment Total (Due 12 months after implementation) $15,869.06 Year 3 Payment Total (Due 24 months after implementation) $15,869.06 Year 4 Payment Total (Due 36 months after implementation) $15,869.06 Year 5 Payment Total (Due 48 months after implementation) $15,869.06 Total Years 2-5 $63,476.24
5 Year Total: $79,345.30

Payment Terms
 $15,869.06 First year payment amount due net 30 upon receiving invoice after project completion
 Customer agrees to pay all invoices within thirty (30) business days of invoice date
The Customer’s signature below constitutes its agreement to purchase the licenses, products and/or services according to the terms quoted by Motorola Solutions within this document. This document shall serve as an addendum to the Purchase Agreement previously entered into between the Customer and Spillman Technologies. The terms and conditions of the Purchase Agreement, as well as the related License Agreement and Support Agreement, shall apply to the items quoted herein.

Customer affirms that a purchase order or notice to proceed is not required for contract performance or for subsequent years of service, if any, and that sufficient funds have been appropriated in accordance with applicable law. The Customer will pay all invoices as received from Motorola and any changes in scope will be subject to the change order process as described in this Agreement. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement.

La Palma Police Department
Customer Name Authorized Signature
Date Print Name and Title
Bill To Address Ship To Address

CA La Palma PD April 9, 2024
Section 1
GIS Managed Services Custom
Statement of Work

1.1 Overview
This Statement of Work (SOW) describes the activities to be completed by both Motorola Solutions, Inc. (“Motorola”) and “Customer” in order to enable the delivery of the GIS managed services solution. The offer presented to Customer is for Custom GIS Managed Services. Custom GIS Managed Services provides geodata management and geoprocessing of Customer provided input data. Geodata management is a collection of activities including organizing and editing GIS spatial and or attribute data (location and attributes of features, including their shapes and representation) to maintain current and accurate location information. Geoprocessing performs operations on the dataset and returns the results as an output dataset used in the Motorola system for location validation, CAD recommendations and visual maps.

This GIS Managed Services solution does not include the creation or maintenance of data into the NENA NG911 schema and any NG911 work is out of the scope of this contract. Service delivery is limited to that presented in this Statement of Work. While Motorola is responsible for executing data updates in accordance with direct Customer requests, Motorola is not responsible for data errors stemming from the Customers source data. Requests for service outside of this Statement of Work will be considered by Motorola in accordance with Motorola’s contract change process. The duration of the service is in accordance with the Term noted in the Agreement and commences on the Effective date.

GIS Managed Services Custom provides a quarterly service delivery cadence, as noted on the quote page.

Data Types and Frequency Table
The Data Types and Frequency Table presents the layer types and update cadence provided by Motorola that will be processed as described in this SOW.

Layer classifications defined as:
● External – layers that are supplied to Motorola that are used for processing/publishing or visual map display.
● Agency – layers that are either managed by Motorola on behalf of the Customer or hosted by Motorola for the Customer to manage.
● Routing – layer(s) that is used specifically for quickest routing and managed by either Motorola on behalf of the Customer or by the customer as an external source.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted
FGM21PC12345

CA La Palma PD April 9, 2024
Defined Layers Updated Frequency
External Layer(s) None N/A
Agency Layer(s) Limited to zones/beats polygons, address points, street centerlines, common place points, points of interest,
and city polygon
Quarterly
Routing Layer(s) None N/A

1.1.1 Service Delivery Environment
Customer will provide the following environment required to support the delivery of the service:
● Dedicated GIS server with unattended access by Motorola exclusively used to support the Flex solution that meets or exceeds current Esri ArcGIS Server system requirements. ● Installation of Flex full client on GIS Server.
● ArcGIS Desktop/Pro Basic license. Customer will supply authorization files to Motorola Solutions.
- If Customer is unable to provide authorization numbers, Customer will work directly with an Esri account representative to acquire license authorization numbers. - If the Flex Quickest Route module is purchased, an Esri ArcGIS Desktop/Pro Network Analyst Extension license will be provided by the Customer. - Customer is responsible for staying current with Esri ArcGIS Desktop/Pro + Extensions annual software maintenance.
● A local user account with local administrator permissions on GIS Server. ● Request necessary patches required to support the GIS Managed Service delivery.

Motorola will provide to the following environment items required to deliver the service:
● A practice database refresh if not previously completed within three months of the term Effective date.
● Validate Flex patching levels are current for the applicable products. If patches are required, patches may be obtained by the Customer via the Flex patching process using the Flex Patch Request form.
● Validate Esri software version(s) and authorizations inclusive of ArcGIS Server, ArcGIS Desktop/Pro and Network Analyst Extension license (for use with Flex Quickest Route module) on the GIS Server.
● Remote Access appliance (example: Bomgar) installation file used for unattended remote access.
● An ArcGIS Enterprise account used by Customer to maintain identified agency layers via the Motorola provided local data web application.

Customer acknowledges that change in the access method will cause Motorola delays or inability to complete delivery of service. In such instances service delivery will resume at such time that remote access is restored.

Delays resulting from a change in access method will not result in a change in the service term.

Service Interruption Disclaimer: In the event of an interruption of access to the Local Data WebApp, Motorola will work with Customer to accommodate the delivery of an impacted regularly scheduled managed service update and or an immediate need for GIS data transfer.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted
FGM21PC12345

CA La Palma PD April 9, 2024

1.1.2 GIS Managed Services Welcome Call
The objective of the GIS Managed Services Welcome Call is to review the processes and procedures involved in delivering the service, the delivery cadence and engagement process and the scope of the service.

Motorola Responsibilities
● Initiate the welcome teleconference.
● Review the roles of the project participants to identify communication flows and decision–making authority between project participants. ● Review unattended GIS data access method to the GIS Server with the Customer. ● Review the Service Delivery Environment requirements. ● Review Motorola and Customer responsibilities, expectations, scope and terms of the service. ● Review existing visual maps.
● Discuss Customers access to and knowledge of the Motorola provided local data web application.
● Discuss and agree upon recurring dates that Motorola will deliver GIS updates. Delivery date could be plus or minus five business days from the agreed upon date. ● Request and receive the most up to date copy of existing GIS Data (as determined by Motorola) in an Esri supported format.

Customer Responsibilities
● Acknowledge the need for Customer data edit requests to be clearly defined, communicated and delivered to Motorola in accordance with the agreed upon schedule. ● Name a GIS knowledgeable person who will serve as the single point of contact and be responsible for communication of data edits and clarification of data edit requests. ● Acknowledge the unattended GIS data access method to the GIS Server. ● Confirm network access of GIS Server for use by the Flex system. ● Review the layers included in the updates noted in the Data Types and Frequency Table. ● Provide the recurring dates that Motorola will deliver the GIS updates. ● Provide requested GIS data within ten business days of the conclusion of the GIS Services Welcome Call.
▪ 1.1.3 Data Update and Publishing
GIS layers include location verification, zone, and routing data represented in point, line, and polygon feature classes. GIS data and map updates are completed with the update frequency presented in the Data Type and Frequency table.

For each update, the ArcGIS Server services used by the Flex system will be refreshed with the updated data and activated for the Customer. The Customer will be notified before and after the update is applied to confirm the update is functional after completion.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted
FGM21PC12345

CA La Palma PD April 9, 2024
Motorola Responsibilities
● Request and process external GIS data updates from the Customer’s source GIS data contact.

Models used for processing updates shall be updated if the source schema changes. Publish data updates represented in the location validation and locator services to Customers location validation environment.
● Acknowledge receipt of request and understanding of the specifics of the requested change within 3 business days of receipt.
● Process agency GIS data updates from Motorola-provided local data web application. ● Process agency GIS data retained in Motorola data repository that is not available in Motorola-provided local data web application.
● Motorola will rebuild and republish the network dataset for routing service. ● Update and publish Esri map service(s) to support Flex Mapping. ● Perform symbology and labeling updates to map services as requested by Customer and published per the update frequency.
● Create mobile map packages (MMPK) for offline use of the Flex Mobile Map. All associated locators and, if present, network dataset will be included in MMPK package. ● Update Customers practice database and transmit email correspondence to Customer confirming delivery of an update.
● Prior to updating Customers live database, email Customer informing them of the time the live database will be switched to the updated services.
● Email Customer upon completion of live database and map services updates confirming completion of the delivery cadence.

Customer Responsibilities
● Provide Motorola with consistent GIS data upon request at least 5 business days before the scheduled update.
● Use Motorola-provided local data web application to update agency GIS data layers. ● Provide Motorola with clear and specific agency data layer update changes that are not available in Motorola provided local data web application. ● Within 3 business days of Motorola notifying Customer of an update being applied to the practice database, test location and zone assignments.
● Notify Motorola of any issues with the updates on the practice database that cause Customer to reject the update and prevent Motorola from applying the update to the live system. ● Distribute MMPK’s to Customer devices that have Flex Mobile Map installed. if Customer fails to notify Motorola of the rejection of an update within the allotted time, Motorola will apply the update to the live database and consider the service delivery complete. ▪ 1.1.4 Annual Address Maintenance
Motorola will execute address maintenance on an annual basis to keep historic addresses in sync with the current GIS data. The maintenance is facilitated by a batch utility in the Administration Manager of the Flex client.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted
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CA La Palma PD April 9, 2024
The system may experience some level of system slowness while the annual batch utility is running. The duration of time to complete the batch utility run is dependent upon data volume, system activity and user activity. It is highly recommended that the Customer coordinate its execution at a mutually agreeable time with the Motorola GIS resource.

Motorola Responsibilities
● Coordinate with Customer on the execution of the address maintenance utility. ● Execute address maintenance to keep GIS data and historic data in sync.

Customer Responsibilities
● Coordinate with Motorola on the execution of the address maintenance utility. ● Correct identified erroneous address maintenance errors. ▪ 1.1.5 Aerial Imagery
The Motorola Flex product possesses the capability of including orthophotographic imagery (sometimes referred to as aerial imagery) when published as an ArcGIS Server map service.

Motorola is not responsible for acquiring, processing, ortho-correcting or distributing the imagery or the data contained therein. It is the sole responsibility of the Customer to maintain this data and to work with the air photo vendor to make any changes or corrections. Customers may obtain Esri guidance on map service uses and functionality on the Esri website (Go to https:\\enterprise.arcgis.com, search ArcGIS Server, go to current release version and reference ‘What is a map service?” for service explanation and publishing guidance).

Publishing of map services including imagery on the dedicated Flex GIS server is only permissible when publishing as a dynamic map service. Publishing of map services using tile caching is not supported on the dedicated Flex GIS server. If Customer chooses to use map services with tile caching, a separate standalone GIS server (virtual or physical) will need to be provided and installed by Customer*. Motorola does not provide for deployment or support assistance of map services using tile caching including imagery, customer may provide Motorola the map service URL and Motorola will add the URL in the Flex mapping configuration page.
*Additional GIS server machines must have ArcGIS Server Standard installed and licensed. License(s) for ArcGIS applications are the sole responsibility of the Customer. ArcGIS Server Standard (OEM) is only for use on the dedicated Flex GIS server, Motorola and Esri licensing agreements do not permit the use of the Motorola sourced ArcGIS Server Standard license to be authorized on any other machine than the dedicated Flex GIS server and disaster recovery server (when purchased through Motorola). ▪ 1.1.6 Esri and Flex GIS Service Environment Updates
Maintaining the Esri and Flex GIS Service environment is a collaborative set of tasks to be fulfilled by each party.

In the event an Esri version update to ArcGIS Server is required for ongoing support of the Flex system, Motorola will perform the update and authorization of ArcGIS Server OEM.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted
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Motorola will update Flex SOE and Flex address locators as needed to support the Flex solution.

The Customer will update the Esri ArcGIS Desktop/Pro software as needed to support the operation of the Flex solution. In the event the Customer cannot update the Esri ArcGIS Desktop/Pro software, the Customer will provide the Esri authorization information to Motorola. Motorola will perform and authorize the update.

The Customer will update the Esri ArcGIS Server software (if not purchased through Motorola) as needed to support the operation of the Flex solution. In the event the Customer cannot update the Esri ArcGIS Server software, the Customer will provide the Esri authorization information and installation media to Motorola. Motorola will perform and authorize the update. Motorola will only update and authorize installations of the ArcGIS Server stand-alone application. Motorola will not update or authorize ArcGIS Enterprise or any of its modules beyond the ArcGIS server module.

Section 2
GIS Managed Services ArcGIS Pro
Migration For FLEX
Statement of Work

2.1 Overview
In accordance with the terms and conditions of the Agreement, this Statement of Work (SOW) defines the principal activities and responsibilities of all parties for the delivery of the Motorola Solutions, Inc. (Motorola) services as presented in this offer to the Customer (hereinafter referred to as “Customer”).

When assigning responsibilities, the phrase “Motorola” includes our subcontractors and third party partners.

Deviations and changes to this SOW are subject to mutual agreement between Motorola and the Customer and will be addressed in accordance with the change provisions of the Agreement.

Unless specifically stated, Motorola work will be performed remotely. Customer will provide Motorola resources with unrestricted direct network access to enable Motorola to fulfill its delivery obligations.

Motorola’s ArcGIS Pro migration services are limited to migrating the Customers existing Esri ArcGIS Desktop environment to Esri’s ArcGIS Pro environment to support the continued use of Customers existing GIS data in the Motorola system. The services are limited to those contained in this SOW and exclude procurement, installation, initiation and or configuration of any additional hardware, software or service.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted
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CA La Palma PD April 9, 2024
Motorola and the Customer will work to complete their respective responsibilities in accordance with the mutually agreed upon Project Schedule. Any changes to the Project Schedule will be mutually agreed upon via the change provision of the Agreement.

2.2 Required Resources
In order to enable a successful migration from ArcGIS Desktop to ArcGIS Pro, both Motorola and the Customer will assign sufficiently skilled resources to fulfill the responsibilities outlined in this Statement of Work.

Motorola GIS Analyst
The Motorola GIS Analyst specializes in geographical information technology and possesses expert level experience with ESRI toolsets. The Motorola GIS Analyst fulfills the Motorola responsibilities outlined in this SOW and provides the following:
● Customer guidance with adherence to GIS data requirements of the Motorola GIS system. ● Consult on the conversion of Customer GIS source data for Motorola use.

Key Dispatch Resource
The key dispatch resource plays an integral part in testing the migrated GIS system and is the conduit between the GIS Administrator and dispatchers. Active participation in testing is critical to the successful completion of the ArcGIS Pro migration activities.

2.3 Completion Criteria
Motorola Services are considered complete upon Motorola performing the last task listed in a series of responsibilities. Customer task completion will occur per a mutually agreed upon schedule enabling Motorola to complete its tasks without delay.

Customer will provide Motorola written notification that it does not accept the completion of Motorola responsibilities or rejects a Motorola service deliverable within five business days of completion or receipt of a deliverable.

The Service Completion will be acknowledged in accordance with the terms of Master Customer Agreement and the Service Completion Date will be memorialized by Motorola and Customer.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

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CA La Palma PD April 9, 2024

2.4 Migration Services

2.4.1 Planning Session
A clear understanding of the expectations of both Motorola and the Customer are critical to fostering a collaborative environment of trust and mutual respect required for a successful migration to ArcGIS Pro.

A Planning teleconference will be scheduled after the Agreement has been executed to review the scope and involvements in completing the migration. Timely interaction is critical to the successful completion of the migration. The agenda will include the following:
● Review project delivery requirements as described in this SOW. ● A review of the hardware and software prerequisites.
● Discuss Customer involvement in data gathering, data clean up and provisioning to confirm understanding of the scope and required time commitments. ● Discuss Motorola remote access requirements (access to a secured two-way Internet connection to the Motorola system firewalls for the purposes of upgrade activities).

Motorola Responsibilities
● Schedule the remote Planning Session.
● Request the attendance of any additional Customer resources that are instrumental in the project's success, as needed.
● Review the Flex patching level.
● Provide Customer a link to the Flex Hardware and System Requirements documents contained in the Motorola Solutions Learning Site (LXP).
● Review the GIS data requirements.
● Review GIS layers used in existing purchased Flex modules. ● Review Motorola’s delivery approach, schedule, and its reliance on Customer-provided remote access.
● Schedule migration check session.

Customer Responsibilities
● Update and/or confirm Flex patching is at or above patch level 2023.3. ● Provide confirmation that the Practice environment Database is functioning and accessible. ● Verify the Customer provided Windows GIS server is running an ArcGIS Server version that supports the ArcGIS Pro environment as per the most current Flex Hardware and System requirements found in Motorola LXP.
● Provide an ArcGIS Pro license that coordinates with the ArcGIS Server version that is present on the Windows server dedicated for use as the Flex GIS server. ● If an SSL certificate is a configured component of the Customer’s GIS Server verify certificate is configured for use with ArcGIS Server.
● Review current system, module requirements and GIS Data Requirements documents located in Motorola LXP.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

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● Provide the current ArcGIS Desktop based folder and data structure to Motorola.

2.4.2 Migration Build
Over a mutually agreed upon period of time Motorola will develop a functional dataset to be delivered to the Customer in the format necessary for the ArcGIS Pro migration.

Motorola Responsibilities
● Build the ArcGIS Pro folder and data structure that will be delivered to the Customer during the Conversion Execution activities.
● Upon completion of the Migration Build, deliver the dataset to the Customer and load the delivered dataset on the Flex GIS Server.

Customer Responsibilities
● Perform data clean up, as may be required to ensure data conforms to Flex GIS Data requirements.

2.5 Conversion Processing
Conversion processing consists of two primary activities: building the migration dataset and setting up the dataset on the Flex GIS Server.

2.5.1 Conversion Execution
Motorola will complete the conversion via remote access to the Flex GIS server. After the conversion work activities have been completed, the practice database will be linked to the new ArcGIS Pro published services.

Motorola Responsibilities
● Build the migration dataset.
● Upon completion of the migration build, deliver the migration build dataset. ● The following items will be completed:
- Provide FlexEnterpriseSOE.soe, FlexProToolboxTools scripts, and locator build requirements.
- Execute each of the following on the Customers GIS environment:
▪ Import Customers GIS data into the migrated file structure to create a staging area on the Customer Practice environment.
▪ Model setup and Flex toolset
▪ Create ArcGIS Pro supported files to support contracted Flex modules. ▪ Update map configuration in the Administration Manager (adminutil) on the Flex system. ● Test address validation within the Flex client to confirm that GeoValidation is functioning. ● Test visual map display and routing capability if Mapping modules and or quickest route are components of Customers system.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted
FGM21PC12345

CA La Palma PD April 9, 2024

2.5.2 Validation Burn in Period
The validation burn in period provides the Customer an opportunity to exercise the migrated GIS system prior to commencing production use. The validation burn in period starts upon conclusion of the migration execution for the practice environment and extends for ten business days.

Motorola Responsibilities
● Provide remote assistance in support of Customer testing activities of contracted Flex modules within the Practice database.
● Assist Customer in determining GIS data issues affecting expected outcomes. ● Respond to Customer reported anomalies manifesting in the Flex software.

Customer Responsibilities
● Exercise testing of the contracted Flex modules in the Practice environment, validating Customer generated use cases.
● Use the Motorola resource to triage anomalies so as to identify GIS data issues versus Flex application issues.
● Correct any identified GIS data issues.
● Upon conclusion of the validation burn in period, place a freeze on the Practice database in preparation for activation in production.
● Coordinate a day and time for Motorola to apply migrated services to the production environment.

2.5.3 Migration Build to Production
Applying migrated services to the Production environment completes the upgrade process. Motorola and Customer will agree upon the day and time to apply the migrated services to the production environment. Both parties will participate via a teleconference in order to respond to any negative impacts that may arise in the production environment.

Motorola Responsibilities
● Establish a teleconference prior to initiating the implementation of migrated services in the Production environment.
● Apply migrated services to the production environment. ● Verify functionality of the contracted Flex modules within the Flex client to confirm that they are operational in the Production environment.

Customer Responsibilities
● Ensure availability of the Key Dispatch and SAA representatives. ● Provide Motorola written documentation of any anomalies in the production environment, directly attributed to the ArcGIS Pro migration, within five calendar days of commencing use in the Production environment.
● If not included in the current GIS Managed Services service agreement, perform routine Address Maintenance to ensure database location integrity.

GIS Managed Services Custom Statement of Work
Use or disclosure of this proposal is subject to the restrictions on the cover page.

Motorola Solutions Confidential Restricted
FGM21PC12345

Agenda Item No. 17 August 6, 2024 | 1
City of La Palma
Agenda Item No. 17
MEETING DATE: August 6, 2024
TO: City Council
FROM: City Manager
SUBMITTED BY: Jesse Amend, Captain
AGENDA TITLE: Replacement of Public Safety Audio Log Recorder/Server RECOMMENDED ACTION:

It is recommended that the City Council approve and authorize the City Manager to execute an agreement with AT&T for the replacement and maintenance of the Police Department's Public Safety Audio Log Recorder/Server.

BACKGROUND:

None.

SUMMARY:

The Police Department currently utilizes a Public Safety Audio Log server that was installed by and is maintained by AT&T. The server records the police department's radio traffic and inbound 911 calls at the dispatch center. The recordings are time-stamped and the system has retrieval functions that allow authorized personnel to quickly locate and replay specific recordings. This is done for a variety of reasons, such as incident documentation, liability protection, and transparency. The recordings are often used as evidence in criminal and civil cases. The current server was installed in 2015, and staff was told by AT&T that the recommended time for replacement of this type of server is approximately 5 years. Due to the age of the server, there is concern it may malfunction, which could result in loss of data.

AT&T is the primary telecommunications provider for the City of La Palma, and they specifically maintain all regular phone lines and 911 lines connected with the police department; these same lines are interwoven with the Audio Log Server. Due to the intricacy AT&T has with the Audio Log Server, coupled with AT&T being reliable and responsive to all our emergency telecommunications needs, staff recommends the continued use of AT&T as the service provider for the Public Safety Audio Log server. If approved, AT&T would be responsible for the removal of the old server and installation of the new replacement server, including migration of existing recordings from the old server to the new one/ AT&T would also provide five years of support with the installation of the new server.

Agenda Item No. 17 August 6, 2024 | 2
ANALYSIS:

None.

FISCAL IMPACT:

The FY 2024-25 Budget includes $50,000 for the Audio Log Recorder/Server replacement in the IT Fund (064-650-8030-00000).

ATTACHMENTS:

1. Public Safety Audio Log Recorder/Server Quote

Prepared For: Account Exec: Jeff Reeve
La Palma PD Phone: (714( 227-1268
E-Mail: [email protected]
Lead Sr. Engineer: Shelby Lewis
Date: May 9, 2024 Phone: (951) 312-3416
Rev: 3 E-Mail: [email protected]
Qty. Description Unit Price U/M Total
Verint 15.2 - 16-Channel Analog Server (Positions,
Radio, Trunks, Ani/Ali Integration - 2-wire analog
feeds), 4TB NAS
1 Custom server, OS, HW, DB, or other component $17,053.00 EA $17,053.00 2 (PCI-e) LD Card - 8 analog port card $1,153.00 EA $2,306.00 16 Conversion from AL5.x - Audiolog Operational Recording (per Audiolog Seat) to Verint Public Safety Call Recording (Channel-based) 18805
$133.00 EA $2,128.00
1 Upgrade from AL5.x - Verint Recording Public Safety
Integration Package $642.00 EA $642.00
5 Public Safety Annual Maintenance (Software only) $333.00 EA $1,665.00 1 System disaster recovery kit forSVR6KH1-CON-L0 and
SVR6KH2-CON-L0): 2 model-matched spare SSD drives, 1
SATA 1TB HDD in ext. USB for offline backup, and Casper Server edition, configured and installed
$3,034.00 EA $3,034.00
1 Rackmount 4TB NAS, 1U w/ 4x2TB (RAID 5 + Hot Spare) $2,173.00 EA $2,173.00 4 Agent Tracking and or Screen Recording (per 911 position) $96.00 EA $384.00 1 Custom additional services - Audiolog Migration $1,602.00 EA $1,602.00 4 Additional Years Goserco Audiolog Tier 2, Remote Support Only, (Verint Warantees Parts Year 1, AT&T Warrantees
Parts Ongoing Years)
$2,044.00 EA $8,176.00
CA Sales Tax (Orange County) Est. 8.75% $3,426.76
Subtotal $42,589.76
Qty. Part No. Description Unit Price U/M Total
1 Labor / Installation $6,868.00 EA $6,868.00
Professional Services Subtotal $6,868.00

PRODUCT TOTAL
Verint 15.2 - 16-Channel Analog Server $42,589.76
Professional Services $6,868.00
TOTAL QUOTE $49,457.76
GRAND TOTAL $49,457.76
La Palma PD Verint Recorder
Professional Services
Quote Summary
Notes: Price valid for 120 days. Includes 5 years of support.

ATT Proprietary and Confidential

Agenda Item No. 18 August 6, 2024 | 1
City of La Palma
Agenda Item No. 18
MEETING DATE: August 6, 2024
TO: City Council
FROM: City Manager
SUBMITTED BY: Kimberly Kenney, City Clerk
AGENDA TITLE: Resolution Amending the City Council's Regular Meeting Schedule RECOMMENDED ACTION:

It is recommended that the City Council adopt a Resolution amending the City Council’s Regular Meeting Schedule for November 2024.

BACKGROUND:

The City Council adopted Ordinance 2020-02 on May 5, 2020, that allowed the City Council to meet on the first and third Tuesdays of every month, but able to change the date, time, and frequency of City Council meetings during the COVID-19 health crisis by means of resolution. The City Council adopted Resolution 2020-29 on June 2, 2020, to reduce City Council meetings to once a month, meeting on the first Tuesday of each month. The format worked for Staff and the City Council in its efforts to conduct City business during the COVID pandemic and has become current practice without impacting operations. Since that time, the City Council has authorized the rescheduling of several City Council meetings by Resolution.

SUMMARY:

The City Council adopted Resolution 2024-15 on June 4, 2024, resulting in the cancelation of the July City Council meeting and modifying the November and December City Council Meeting schedule.

Council Members Baker and Patel have requested to reverse the November meeting back to its regularly scheduled meeting date on the first Tuesday of the month - November 5, 2024. This request requires the City Council to adopt a Resolution to reschedule the November City Council meeting from November 12, 2024, as approved by Resolution 2024-15, to Tuesday, November 5, 2024, on Election Day.

ANALYSIS:

None.

Agenda Item No. 18 August 6, 2024 | 2
FISCAL IMPACT:

None.

ATTACHMENTS:

1. City Council Resolution 2024-15

2. Proposed Resolution Changing the November 2024 City Council Meeting Date

Resolution 2024-__

RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA PALMA, CALIFORNIA AMENDING THE DATE OF CITY

COUNCIL MEETING FOR THE MONTH OF NOVEMBER,
2024
WHEREAS, on May 5, 2020, the City Council of the City of La Palma conducted a second reading and adopted Ordinance 2020-02 allowing the City Council to adjust the meeting frequency, dates, and times, by means of Resolution and considered testimony and evidence at the Regular Hearing held with respect thereto; and WHEREAS, since June 2, 2020, by Resolution 2020-29, the City of La Palma has been able to address the reduction in Agenda Items by approving a meeting schedule from twice a month to once a month, meeting on the first Tuesday of each month, that has to date, not impacted City services and operations; and WHEREAS, the City Council adopted Resolution 2024-15 at the June 4, 2024, Regular Meeting that cancelled the July meeting and rescheduled the November and December meetings to November 12, and December 10, 2024, respectively; and WHEREAS, the City Council wishes to reschedule that November Regular Meeting date back to the first Tuesday in November, on the date of the 2024 General Election – November 5, 2024; and
NOW, THEREFORE, the City Council of the City of La Palma does hereby adopt a Resolution rescheduling the November City Council meeting date to November 5, 2024, as permitted by Ordinance 2020-02.

APPROVED AND ADOPTED by the City Council of La Palma at a regular meeting on the 6th day of August, 2024.
_______________________________
Marshall Goodman
Mayor
ATTEST:
_______________________________
Kimberly Kenney, CMC
City Clerk

Resolution 2024-__

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.

CITY OF LA PALMA )
I, KIMBERLY KENNEY, City Clerk of the City of La Palma, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 6th day of August 2024, and that it was so adopted by called vote as follows:

AYES:

NOES:
_______________________________
Kimberly Kenney, CMC
City Clerk

Agenda Item No. 19 August 6, 2024 | 1
City of La Palma
Agenda Item No. 19
MEETING DATE: August 6, 2024
TO: City Council
FROM: City Manager
SUBMITTED BY: Belinda Deines, Community Development Manager AGENDA TITLE: Consideration of a Resolution to Install a Freestanding Wireless Communications Tower and a Resolution to Enter into a Lease Agreement at 8415 Meadowlark Lane (City Yard)
RECOMMENDED ACTION:

It is recommended that the City Council take the following actions:

1. Open the Public Hearing

2. Receive Staff Report

3. City Council Member Comments and Questions

4. Receive Public Input

5. Close the Public Hearing

6. Adopt a Resolution of the City Council Approving Conditional Use Permit 389, Precise Plan 287, and Variance 2022-01

7. Adopt a Resolution to enter into a Lease Agreement between the City of La Palma and New Cingular Wireless PCS, LLC for the lease of a portion of City-owned property located at 8415 Meadowlark Lane
BACKGROUND:

The subject site is identified on the City’s Land Use and Zoning Map with the designation of Public/Institutional (PI) Zoning District, which is intended for public utilities and facilities. The property is a flag lot with access gained from a driveway along the west side of Meadowlark Lane at the intersection of Malaga Drive. Currently, the site is occupied by the City of La Palma Public Works Maintenance Yard, which consists of various buildings, offices, and the City’s south water well. The property is bounded by residential homes to the north and east,

Agenda Item No. 19 August 6, 2024 | 2
Moody Creek to the west, and the Dairyland Storm Channel and Orange County Transportation Authority easement to the former Pacific Electric Red Car Trolley to the south.

The surrounding zoning and land uses are as follows:

North: Single-Family Residential (R-1)
South: Public/Institutional (PI)
East: Single-Family Residential (R-1)
West: Public/Institutional (PI)
AT&T is seeking installation of a cell site within a specified area and identified the need to close a significant gap in coverage in the vicinity of Crescent Avenue, Moody Street, and La Palma Avenue. A site analysis of gap in coverage was evaluated relative to alternative sites. The area consists of predominantly residential homes within the City of La Palma. The applicant exhausted potential sites at commercial and institutional properties in La Palma and Cypress which were found to be non-viable.

The following images show radio-signal propagation maps:

Agenda Item No. 19 August 6, 2024 | 3
On June 10, 2024, the Development and Circulation Committee adopted, with a 4-3 vote, Resolution 2024-02 recommending that the City Council approve Precise Plan 287 and Variance 2022-01. Three members of the public spoke gave verbal testimony expressing questions and concerns regarding the proposed project.

SUMMARY:

SmartLink Group on behalf of AT&T Mobility requests approval of a 75’ freestanding wireless communications tower (monopine) and associated equipment at 8415 Meadowlark Lane (APNs: 263-233-01, -07). The proposed scope of work requires City Council approval of a Precise Plan, Conditional Use Permit, Variance, and a Lease Agreement. AT&T proposes to build an unmanned wireless telecommunications facility consisting of a three (3) sector array with five (5) panel antennas per sector that is disguised within branches of a 75’ tall faux pine tree, designed to blend in with and complement the surrounding vicinity. All associated equipment will be located within an enclosed area. The proposed facility will be a state-of-the-art stealth structure that will improve communication services for the residents and visitors in La Palma, and the proposed Lease Agreement regarding the land lease on City-owned property will provide additional revenues to the City.

ANALYSIS:

La Palma Municipal Code (LPMC) Section 44-392 defines “communication facilities” as a public or private structure that supports antennas and other related equipment (e.g. ground cabinets and structures) that send and/or receives radio frequency signals.

The primary use of the property as government offices, water tank, and pump station will remain as the City’s maintenance yard. Therefore, the proposed communication tower and equipment is considered an accessory use and structure to the primary use. Pursuant to LPMC Section 44-139, the communication tower use in the PI Zoning District is subject to City Council approval of a Conditional Use Permit. A draft Lease Agreement has been

Agenda Item No. 19 August 6, 2024 | 4
negotiated between AT&T and the City of La Palma regarding the lease area, which is also subject to City Council approval. The City’s north water well property at 6800 Walker Street, also located in the PI Zoning District, maintains an existing freestanding communications tower.

The proposed wireless communication tower is a freestanding structure that is considered a “monopine” in that the structure consists of a single pole that is camouflaged to resemble a pine tree and blend into the surrounding landscape. Originally, the applicant considered the location of the monopine in the center landscape island upon entry into the yard. Public Works staff stated that the original location would have been problematic for City operations and potential improvements at the yard. City staff noted that the revised location along the south property line requires demolition of an existing storage shed but has the least impact to existing driveway access, structures, and Public Works’ maintenance operations. Furthermore, the tower is sited approximately 140' from the nearest residential property across the Dairyland Storm Channel/OCTA right-of-way at Embassy Circle, 200' from residential homes across Moody Creek on Suffield Street, and 240' from residential properties immediately adjacent to the City Yard driveway on Meadowlark Lane.

Pursuant to LPMC Section 44-141, a freestanding communication tower in the PI Zoning District is required to maintain a minimum perimeter 20’ building setback and 10’ landscaping setback. While the monopine encroaches into the 20’ building setback, the intent for the structure to be disguised as landscaping meets the intent of the Code to provide perimeter landscaping adjacent to other existing Public/Institutional uses. The faux pine branches at its widest diameter are proposed up to the south property line.

Agenda Item No. 19 August 6, 2024 | 5
Initially, the monopine was proposed at 70’ by the applicant. However, the PI Zoning District allows for a maximum height of 75’ and City staff recommended that the applicant extend the height by 5’ for a more natural, conical appearance rather than cut off at the top of the antennas. Surrounding trees on the property and in the immediate vicinity consists of several rows of Junipers, King palms, and Eucalyptus. At present, there is no landscaping along the southwest perimeter of the property.

Agenda Item No. 19 August 6, 2024 | 6

Agenda Item No. 19 August 6, 2024 | 7
Associated Equipment: The AT&T equipment lease area is limited to 560 square feet (30’ by 18’-8”) along the south property line and adjacent to the existing building. An existing storage container will be relocated out of the proposed lease area. The monopine faux branches extend at a diameter of 9’-4” from the pole, which is proposed at its widest extent up to the property line. The equipment is

Agenda Item No. 19 August 6, 2024 | 8
proposed in a screened enclosure area not to exceed 320 square feet. The equipment area will be screened with a 6’ high solid block wall and corrugated metal access gate. The equipment consists of power and Purcell cabinets, service panels, a 12’ GPS antenna, and an 8’ emergency diesel generator. The proposed facility will maintain its own meter/main, which will be mounted on the block wall. All coax/fiber conduit from the monopine to the equipment will be trenched underground, 3’ below grade.

Proposed Conditions of Approval included as “EXHIBIT B” to the draft resolution. These conditions are intended to protect the public health, safety, and general welfare during construction and postconstruction operations and use.

Conditional Use Permit 389, Precise Plan 287, and Variance 2022-01 The project requires City Council approval of a Conditional Use Permit, Precise Plan, and Variance: in that a communication tower and facility in the Public/Institutional Zoning District requires a Conditional Use Permit, all new developments require a Precise Plan, pursuant to LPMC Section 44-138; and that the proposed freestanding wireless communication tower (monopine) encroaches into the required minimum perimeter building/landscaping setback subject to approval of a Variance, pursuant to LPMC Section 44-141.

Approval of Conditional Use Permit 389 requires the following findings pursuant to LPMC Section 44-851:

Agenda Item No. 19 August 6, 2024 | 9

1. The proposed use is conditionally allowed within the subject zoning district, would not impair the integrity and character of the district, and complies with all applicable provisions of this chapter.

2. The proposed use is consistent with the goals, policies, general land uses, and programs of the general plan, and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

3. The approval of the conditional use permit, or amendment, for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

4. The site is suitable for the type and intensity of use or development that is proposed.

5. The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

6. The proposed use will not be adverse to the public health, safety, or general welfare.

Approval of Precise Plan 287 requires the following findings pursuant to LPMC Section 44- 787:

1. The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this chapter.

2. The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

3. The approval of the precise plan or an amendment to precise plan for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

4. The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.

5. The subject site is physically suitable for the type and density/intensity of the use being proposed.

6. The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

Approval of Variance 2022-01 requires the following findings pursuant to LPMC Section 44- 1041:

1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

2. Granting the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

3. Granting the variance would not authorize a use of activity that is not otherwise expressly authorized by the zoning district regulations governing the subject property.

Agenda Item No. 19 August 6, 2024 | 10
Justification in support with findings of fact are attached as “EXHIBIT C” to the draft Resolution provided as Attachment 1 to this report.

Lease Agreement
This project requires approval of a Lease Agreement, which may be granted by a City Council Resolution for any lease less than a 55-year term per California Government Code Section 37380. The Lease Agreement proposes an initial term of five (5) years, with the option to extend the term for five (5) additional five (5) year periods, for a total effective period up to 30 years. The La Palma Municipal Code does not specify any particular findings that must be made for approval of a lease agreement. However, State law requires a finding that the Lease Agreement is consistent with the City's General Plan and any applicable specific plans.

Staff believes that the proposed freestanding wireless communications tower meets this requirement. The Lease Agreement establishes the lease terms to construct, maintain, and provide access for the proposed improvements on city-owned property. The Applicant proposes to pay $42,000 for the first year with 2% annual rent increases after the first year.

General Plan Consistency: The City of La Palma wishes to protect and preserve the quality of the residential areas of the City, as well as the quality of life throughout the City, through effective land use and planning. The proposed freestanding wireless communications tower is consistent with the following goals and policies of the POLICY LU-1.3 / POLICY LU-3.3 / POLICY LU-3.4 / GOAL LU-4 / POLICY LU-4.3 / POLICY CB-4.7 / GOAL T-1 / GOAL T-2 / GOAL T-3 / GOAL T-6.

Environmental Review: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt per Section 15303 of the CEQA Guidelines (Class 3 – New Structures) in that the project consists of construction and location of a new facility and equipment.

Conditions of Approval: Conditions of Approval have been drafted specific to Conditional Use Permit 389, Precise Plan 287, and Variance 2022-01, which are contained as “EXHIBIT B” to the draft Resolution provided as Attachment 1 to this report.

FISCAL IMPACT:

The cost of processing the Conditional Use Permit, Precise Plan, Variance, and Lease Agreement is borne by the Applicant. Should the City Council approve Conditional Use Permit 389, Precise Plan 287, Variance 2022-01, and a Lease Agreement, this proposed monopine would bring in additional direct revenues to the City. The Applicant proposes to pay $42,000 for the first year, with an annual escalator of 2% rent increase from the prior year.

Agenda Item No. 19 August 6, 2024 | 11
ATTACHMENTS:

1. Draft Resolution for CUP, PP, and VAR

2. Draft Resolution - Exhibit A - Project Plans

3. Draft Resolution for Lease Agreement

4. Draft Resolution for Lease Agreement - Exhibit A - Agreement

5. DCC Resolution No. 2024-02

6. Photo Simulations

RESOLUTION NO. CC 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA

PALMA, CALIFORNIA, TO APPROVE CONDITIONAL USE
PERMIT 389, PRECISE PLAN 287, AND VARIANCE 2022-01 TO
INSTALL A 75’ FREESTANDING WIRELESS

COMMUNICATIONS TOWER (MONOPINE) AT THE CITY OF LA
PALMA PUBLIC WORKS MAINTENANCE YARD AT 8415

MEADOWLARK LANE
WHEREAS, SmartLink Group on behalf of AT&T Mobility (hereinafter, the “Applicant”), has initiated a request for Conditional Use Permit (CUP) 389, Precise Plan (PP) 287, and Variance 2022-01 for approval to install a 75’ freestanding wireless communications tower (monopine) and associated equipment on the property located at 8415 Meadowlark Lane, La Palma, CA 90623 (APNs 263-233-01, -07) (hereinafter the “Project”); and, WHEREAS, the subject property is located within the Public/Institutional (PI) Zoning District, which allows a freestanding communication tower as an accessory use; and, WHEREAS, the City of La Palma wishes to protect and preserve the quality of the commercial and residential areas of the City, as well as the quality of life throughout the City, through effective land use and planning; and,
WHEREAS, Chapter 44 – Zoning, Article II – Division 4 (Nonresidential Zoning Districts) of the La Palma Municipal Code identify the land use requirement of a Conditional Use Permit, development standards, and Precise Plan permit requirement for a freestanding communications tower; and,
WHEREAS, Chapter 44 – Zoning, Article V - Division 5 (Conditional Use Permits and Amendments) of the La Palma Municipal Code states that the purpose of the Conditional Use Permit is to provide a process for allowing the establishment of uses that are deemed to have special impact, uniqueness, or affect on the properties or neighborhood surrounding the subject site; and,
WHEREAS, Chapter 44 – Zoning, Article V - Division 3 (Precise Plans and Amendments) of the La Palma Municipal Code states that the purpose of the Precise Plan is to provide a process for reviewing architectural applications for all new construction, and that process allows for the review of the design of the development, an identification of potential impacts on the surrounding properties, and an assurance that the proposed Project complies with the provisions of the Zoning Code and the General Plan; and,
WHEREAS, Chapter 44 – Zoning, Article V - Division 11 (Variances and Minor Exceptions) of the La Palma Municipal Code states that the purpose of the Variance is to allow for adjustment in the development standards only when the strict application of the Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within identical zoning districts. Special circumstances that justify the granting of a variance include the location, shape, size, surroundings, or topography of a site; and, WHEREAS, the proposed Project shall adhere to the requirements of the La Palma Municipal Code, the PI Zoning District, and the comprehensive architectural design package included as “EXHIBIT A” attached hereto; and,

WHEREAS, draft Conditions of Approval have been prepared and attached as “EXHIBIT B” for Conditional Use Permit 389, Precise Plan 287 and Variance 2022-01, to ensure the orderly development of the Project and to maintain the quality of life in La Palma; and, WHEREAS, on June 10, 2024, the City of La Palma Development and Circulation Committee conducted a duly noticed Public Hearing on Precise Plan 287 and Variance 2022-01, and considered testimony and evidence presented by the Applicant, the public, City staff, and other interested parties, at the hearing held with respect thereto; and, WHEREAS, the City of La Palma Notice of Public Hearing was published in the Wednesday, July 24, 2024, edition of the Event-News Enterprise, sent to all owners of property within 300 feet of the proposed project, and posted at La Palma City Hall, La Palma Community Center, OC Public Library – La Palma Branch, and the subject property at least ten (10) days prior to the Public Hearing; and,
WHEREAS, on August 6, 2024, the City of La Palma City Council conducted a duly noticed Public Hearing on Conditional Use Permit 389, Precise Plan 287, Variance 2022-01, and a Development Agreement and considered testimony and evidence presented by the Applicant, the public, City staff, and other interested parties, at the hearing held with respect thereto.

NOW, THEREFORE, the City Council of the City of La Palma resolves as follows:

SECTION 1. The forgoing recitals are incorporated herein and made a part hereof.

SECTION 2. The findings for Conditional Use Permit 389, pursuant to Chapter 44 – Zoning, Article V – Division 5, Section 44-851 (Findings) of the La Palma Municipal Code, can be made supporting the project application as follows:
1) The proposed use is conditionally allowed within the subject zoning district, would not impair the integrity and character of the district, and complies with all applicable provisions of this chapter.
2) The proposed use is consistent with the goals, policies, general land uses, and programs of the general plan, and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations. 3) The approval of the conditional use permit, or amendment, for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).
4) The site is suitable for the type and intensity of use or development that is proposed. 5) The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.
6) The proposed use will not be adverse to the public health, safety, or general welfare.

SECTION 3. The findings for Precise Plan 287, pursuant to Chapter 44 – Zoning, Article V – Division 3, Section 44-787 (Findings) of the La Palma Municipal Code, can be made supporting the project application as follows:

1) The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this chapter.
2) The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations. 3) The approval of the precise plan or an amendment to precise plan for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).
4) The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.
5) The subject site is physically suitable for the type and density/intensity of the use being proposed.
6) The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

The factual findings for which are attached as “EXHIBIT C” to this Resolution, and incorporated herein by this reference.

SECTION 4. The findings for Variance 2022-01, pursuant to Chapter 44 – Zoning, Article V – Division 11, Section 44-1041 (Findings) of the La Palma Municipal Code, can be made supporting the project application as follows:
1) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
2) Granting the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. 3) Granting the variance would not authorize a use of activity that is not otherwise expressly authorized by the zoning district regulations governing the subject property.

SECTION 5. The City Council finds that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Structures) in that the project consists of construction and location of a new facility and equipment.

SECTION 6. Based on the foregoing, the City Council of the City of La Palma hereby approves Conditional Use Permit 389, Precise Plan 287, and Variance 2022-01, as depicted on the comprehensive architectural design package included as “EXHIBIT A” of this Resolution; subject to the Conditions of Approval, which are attached as “EXHIBIT B” to this Resolution, and

incorporated herein by this reference; and, subject to the factual findings, which are attached as “EXHIBIT C” to this Resolution, and incorporated herein by this reference.

SECTION 7. This project approval shall become effective following the expiration of a fifteen (15) day appeal period without the filing of an appeal application from the date of the City Council approval.

APPROVED AND ADOPTED by the City Council of the City of La Palma at a regular meeting held on the 6
th day of August, 2024.
_______________________________
Marshall Goodman
Mayor
ATTEST:
_______________________________
Kimberly Kenney
City Clerk

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LA PALMA )
I, KIMBERLY KENNEY, City Clerk of the City of La Palma, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 6
th day of August 2024, and that it was so adopted by called vote as follows:

AYES:

NOES:
_______________________________
Kimberly Kenney, CMC
City Clerk

Exhibit A Resolution No. 2023-__

EXHIBIT A

PROJECT PLANS FOR
PRECISE PLAN 287 AND VARIANCE 2022-01
8415 Meadowlark Lane, La Palma, CA 90623 (APNs: 263-233-01, -07) 75’ Freestanding Wireless Communications Tower

Exhibit B Resolution No. 2024-__

EXHIBIT B

CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT 389, PRECISE PLAN 287, AND VARIANCE 2022-01 8415 Meadowlark Lane, La Palma, CA 90623 (APNs: 263-233-01, -07) 75’ Freestanding Wireless Communications Tower
GENERAL:

1. This Conditional Use Permit, Precise Plan, and Variance are solely for the construction, operation, and maintenance of a 75’ freestanding wireless communications tower (monopine) with associated equipment at the subject property, 8415 Meadowlark Lane.

2. In compliance with Chapter 44 -Zoning, Article IV – Division (Revocation and Modification), of the La Palma Municipal Code, this approval may be revoked or modified at any time by a vote of the City Council, if any one of the following findings of fact can be made:
a) The use for which the approval was granted has been exercised so as to be detrimental to the public health or safety, and/or to constitute a nuisance. b) The approval was obtained by fraud.
c) The use for which such approval is granted is not being exercised within the time specified.
d) The use for which approval was granted has ceased to exist or has been suspended for at least one year.
e) The permit as granted is being or recently has been exercised contrary to the terms and conditions of approval or in violation of a statute, ordinance, law, or regulation.

3. The proposed project is required to be constructed in substantial conformance with the comprehensive architectural design package provided as “EXHIBIT A” of this Resolution for Conditional Use Permit 389, Precise Plan 287, and Variance 2022-01; and, shall be inspected during construction by a qualified inspector for conformance with the California Building Code. The Applicant/Developer shall obtain a building permit from the City of La Palma Building and Safety Division and provide payment of permit fees prior to commencement of construction activity.

4. If at the time of application for building permit there is a project job account balance due to the City for recovery of planning review and entitlement fees, the outstanding balance shall be paid in full prior to building permit issuance.

5. The Applicant/Developer shall provide to the City a letter identifying a single point of contact for the management and operations of the communications tower (including:
name, phone number, fax number, and e-mail address) and a 24-hour phone number in case of emergencies.

Exhibit B Resolution No. 2024-__

6. The Applicant/Developer shall be responsible for informing all subcontractors, consultants engineers, or other business entities providing services related to the Project of their responsibilities to comply with all pertinent requirements herein in the City of La Palma Municipal; Code, including the requirement that a Business License be obtained by all entities doing business in the City as well as noise limitations and hours of operation requirements within the City.

7. Minor and incidental changes in design, placement, materials and color of materials to the Project requested by the Applicant/Developer may be approved administratively through the Community Development Department’s Administrative Approval process. Details of any approved changes shall be provided on the working plans to the satisfaction of the Community Development Department prior to the issuance of permits.

8. Applicant/Developer shall indemnify, defend, and hold harmless the City of La Palma and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the Applicant/Developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Applicant/Developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within sixty (60) days of this approval, the Applicant/Developer shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City.

9. An Agreement to the Conditions of Approval shall be executed by the Applicant/Developer and filed with the Community Development Department of the City of La Palma, within fifteen (15) days of the City of La Palma City Council approval of Conditional Use Permit 389, Precise Plan 287 and Variance 2022-01. The Agreement to the Conditions of Approval shall run with the land and be binding in any subsequent owners, heirs or assigns.

10. The proposed entitlements shall expire and be of no further force or effect if the permit is not established within twelve (12) months of the permits’ effective date. Time extensions are subject to La Palma Municipal Code Section 44-580.

CONSTRUCTION:

12. The Applicant/Developer shall ensure that all construction contractors and subcontractor personnel are made aware of the required best management practices (BMP’s) and good housekeeping measures for the project site and any associated construction lay-down areas.

13. Pursuant to Water Quality regulations the discharge of any sediment and construction materials or wastes into a receiving water or storm drain shall be prohibited. Any drilling, grading, and construction activity, shall incorporate Best Management Practices (BMPs) for managing and implementing urban runoff and storm water pollution control measures.

Exhibit B Resolution No. 2024-__

14. A copy of the accepted Conditions of Approval shall be placed on the final construction plans. Final construction plans shall be placed at the job site until final of Building Permit.

The Applicant/Developer and the Applicant/Developer's successors in interest shall be fully responsible for knowing and complying with all Conditions of Approval, including making known the Conditions to the City for future governmental permits or actions at 8415 Meadowlark Lane. These approved Conditions of Approval shall be incorporated on all sets of construction plans and be present at the site during construction.

15. All trash and refuse shall be disposed of in dumpsters pursuant to applicable City Municipal Code and removed from the premises on an as needed basis. At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. General Contractor shall sweep the Project site at the end of the day during construction activities.

16. All construction activities shall comply with date and time restrictions established in the Municipal Code. “Construction activities” shall only include those activities that generate any noise at the property line during site preparation and construction of the site. “Construction activity” also includes the transport, import, and export of debris and materials. Construction activity shall be limited to the following hours listed below:

Day Time
Monday-Friday 8:00am-5:00pm
Saturday 9:00am-5:00pm
Sunday & Holidays No construction permitted
Holidays are specifically defined herein as: Martin Luther King Jr. Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day, New Year’s Day, President’s Day, Memorial Day, July 4th, and Labor Day.

17. The Applicant or Applicant’s Agent shall be responsible for obtaining approval of all wide load and haul route permits from the Public Works Department for heavy equipment or building materials to necessary to complete the project.

18. All utilities shall be underground to the nearest power pole and/or points of connection, subject to approval by the Public Works Director prior to permit issuance. The final location of the pull boxes and trench conduit shall be determined through a “potholing” process to identify the City’s water distribution main, existing electrical service, gas service, and general water service. The proposed trench shall be no wider than 12 inches unless otherwise approved by the Public Works Director. All trench backfill shall be one sack sand/cement slurry, and native backfill shall not be permitted. Any asphalt, concrete, or landscape areas shall be replaced in-kind.

19. The City reserves the right for the City to install additional conduit during construction of the proposed project in order to provide electrical connection to the existing metal building adjacent to the lease area.

Exhibit B Resolution No. 2024-__

20. The Applicant or Applicant’s Agent shall be responsible for paving from the edge of existing asphalt to the lease area and wash rack.

21. Full execution of the Right-of-Entry Agreement shall be completed prior the final inspection of the site, providing approved survey plats/easement descriptions to be incorporated into the Agreement as exhibits utilizing the “as-built” site conditions for the plats/easement descriptions.

MAINTENANCE AND OPERATIONS:

22. The lease area shall be secured at all times while authorized personnel are not physically present at the site. Barbed wire or razor ribbon shall be prohibited.

23. The Applicant/Developer shall provide signage with phone numbers of the utility provider for use in case of an emergency. The sign shall be posted at the communications equipment gate and/or block wall.

24. The Applicant/Developer shall be responsible for regular maintenance and upkeep of the communications tower and associated equipment consistent with the adopted plans, drawings and photo simulations as conditioned, including but not limited to:
a) Re-finishing any painted and textured surfaces to retain the original color and condition for the duration of the life of this use;
b) Maintaining all improvements in good repair, free from trash, debris, litter, and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight;
c) Replacing any damaged element such as faux pine branches, block walls and fencing, removal of graffiti; and,
d) Ensuring all equipment complies with the City Code standards.

Exhibit C Resolution No. 2024-__

EXHIBIT C
Conditional Use Permit, Precise Plan and Variance Findings of Approval As required by Chapter 44 – Zoning, Article V – Division 3, Section 44-851 (Findings) of the La Palma Municipal Code, approval of Conditional Use Permit 389 is based on the following findings:

1. Finding: The proposed use is conditionally allowed within the subject zoning district, would not impair the integrity and character of the district, and complies with all applicable provisions of this Development Code.

Facts in Support of Finding: A communications tower and facilities use as accessory uses and structures is conditionally permitted within the Public/Institutional (PI) Zoning District. Conditions of Approval have been incorporated into CUP 389 to ensure that the integrity and character of the district is not impaired by the proposed wireless monopine.

Conditions of Approval require adequate aesthetic improvements, construction mitigation, and ongoing maintenance.

2. Finding: The proposed use is consistent with the goals, policies, general land uses, and programs of the General Plan, and any applicable specific plan and is in compliance with all City, State, and Federal Laws and Regulations
Facts in Support of Finding: The proposed communications tower is consistent with the following goals and policies of the General Plan: POLICY LU-1.3 / POLICY LU-3.3 / POLICY LU-3.4 / GOAL LU-4 / POLICY LU-4.3 / POLICY CB-4.7 / GOAL T-1 / GOAL T-2 / GOAL T-3 / GOAL T-6. The communications tower use is consistent with the objectives, policies, general land uses, and programs of the General Plan and any applicable specific plan and follows all City, State, and Federal Laws and Regulations. The proposed communications tower satisfies General Plan Policy CB-4.7 which reads “Encourage the location of revenue-generating uses and structures in appropriate locations.” As municipal revenue shortfalls may occur from time to time, it is important to develop innovative ways to increase contributions to our General Fund to maintain our highly valued City services.

Potential revenue sources include lease agreements for communication facilities.

3. Finding: The approval of the conditional use permit, or amendment, for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

Facts in Support of Finding: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt per Section 15303 of the CEQA Guidelines (Class 3 – New Structures) in that the project consists of construction and location of a new facility and equipment and meets the criteria for small structures in size and location and would not result in significant environmental impacts.

4. Finding: The site is suitable for the type and intensity of use or development that is proposed.

Facts in Support of Finding: The proposed communications tower is a wireless facility that is necessary to meet a significant gap in service to the residents, businesses, visitors, and emergency services in La Palma. The Zoning Code allows a freestanding communications tower to be built up to a maximum height of 75’ and 70’ is the minimum

Exhibit C Resolution No. 2024-__

height needed in order to fill the gap in coverage for this location. The proposed monopine is an accessory use and is comparable to existing mature trees in the surrounding neighborhood. Therefore, the subject site is physically suitable for the type of the use being proposed.

5. Finding: The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

Facts in Support of Finding: The proposed project consists of a stealth design with the cellular equipment and antennas disguised and screened from public view within the faux pine branches of the monopine. The applicant proposes 6’ high solid block walls to screen the equipment shelter to blend with the existing architecture of the buildings and the surrounding community, thereby minimizing the visual impact of the proposed improvements. As such, the proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

6. Finding: The proposed use will not be adverse to the public health, safety, or general welfare.

Facts in Support of Finding: The proposed project will not be adverse to the public health, safety, or general welfare in that the monopine is sited more than 140’ from the nearest residential uses. The monopine does not emit any noise, and any noise associated with the emergency diesel generator is concealed within the solid enclosure and is only activated temporarily when there is a loss of electricity. The proposed project enhances emergency response services within the immediate area where there is a lack of adequate coverage in that the City of La Palma’s Police Department, Public Works Department, and all City-issued cellular devices utilize the AT&T network.

As required by Chapter 44 – Zoning, Article V – Division 3, Section 44-787 (Findings) of the La Palma Municipal Code, approval of Precise Plan 287 is based on the following findings:

1. Finding: The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this chapter.

Facts in Support of Finding: Municipal Code permits a freestanding communication tower use in the Public/Institutional (PI) Zoning District. The Municipal Code requires any new development obtain approval of a Precise Plan (Section 44-138). A Conditional Use Permit (Section 44-848) is required to allow a freestanding communications tower as an accessory use. A Development Agreement is proposed related to the lease agreement for use of City property. The project shall be consistent with Chapter 44 Sections 398 through 401 of the Municipal Code. The proposed communication tower is designed to be compliant with the Municipal Code requirements, with the exception of the Variance request to encroach into the required minimum perimeter building/landscaping setback.

2. Finding: The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

Facts in Support of Finding: The proposed communications tower is consistent with the following goals and policies of the General Plan: POLICY LU-1.3 / POLICY LU-3.3 /

Exhibit C Resolution No. 2024-__

POLICY LU-3.4 / GOAL LU-4 / POLICY LU-4.3 / POLICY CB-4.7 / GOAL T-1 / GOAL T-2 / GOAL T-3 / GOAL T-6. The communications tower use is consistent with the objectives, policies, general land uses, and programs of the General Plan and any applicable specific plan and follows all City, State, and Federal Laws and Regulations. The proposed communications tower satisfies General Plan Policy CB-4.7 which reads “Encourage the location of revenue-generating uses and structures in appropriate locations.” As municipal revenue shortfalls may occur from time to time, it is important to develop innovative ways to increase contributions to our General Fund to maintain our highly valued City services.

Potential revenue sources include lease agreements for communication facilities.

3. Finding: The approval of the precise plan or an amendment to precise plan for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

Facts in Support of Finding: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt per Section 15303 of the CEQA Guidelines (Class 3 – New Structures) in that the project consists of construction and location of a new facility and equipment and meets the criteria for small structures in size and location and would not result in significant environmental impacts.

4. Finding: The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.

Facts in Support of Finding: The proposed 75’ wireless communications tower is proposed adjacent to the City’s water tank, which is currently not screened with any landscaping along the southwest perimeter of the property. The proposed facility does not require permanent on-site personnel and vehicular and pedestrian traffic will be limited to occasional visits by personnel for repairs and service. Therefore, the proposed communications facility is compatible with existing public utilities and facilities on the subject property and immediately adjacent to the subject site.

5. Finding: The subject site is physically suitable for the type and density/intensity of the use being proposed.

Facts in Support of Finding: The proposed communications tower is a wireless facility that is necessary to meet a significant gap in service to the residents, businesses, visitors, and emergency services in La Palma. The Zoning Code allows a freestanding communications tower to be built up to a maximum height of 75’ and 70’ is the minimum height needed in order to fill the gap in coverage for this location. The proposed monopine is an accessory use and is comparable to existing mature trees in the surrounding neighborhood. Therefore, the subject site is physically suitable for the type of the use being proposed.

6. Finding: The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

Facts in Support of Finding: The proposed project consists of a stealth design with the cellular equipment and antennas disguised and screened from public view within the faux pine branches of the monopine. The applicant proposes 6’ high solid block walls to screen the equipment shelter to blend with the existing architecture of the buildings and the

Exhibit C Resolution No. 2024-__

surrounding community, thereby minimizing the visual impact of the proposed improvements. As such, the proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

As required by Chapter 44 – Zoning, Article V – Division 3, Section 44-1041 (Findings) of the La Palma Municipal Code, approval of Variance 2022-01 is based on the following findings:

1. Finding: There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

Facts in Support of Finding: The Applicant’s radio-frequency engineers have identified a significant coverage gap in the area, which causes lack of service issues for La Palma customers. The proposed site was specifically selected because all other potential sites at commercial and institutional properties in La Palma and Cypress were found to be nonviable. The City of La Palma Public Works Maintenance Yard’s primary uses as a government office, storage yard, and water tank provide La Palma citizens with essential utilities and services. The proposed siting of the tower along the south property line would be the least impactful to existing operations and driveway access. The encroachment into the required minimum perimeter building/landscaping setback is mitigated by the proposed design as faux pine tree as the intent of the Zoning Code provision is to provide landscaping within the perimeter of 10’ from the property line. Therefore, granting of the variance to allow the adjustment in the development standard for perimeter setback would not constitute a grant of special privilege given the site’s unique shape as a flag lot, the surrounding limitations associated with the existing City Yard facility and public utilities, and practical difficulty of relocating other City resources to accommodate a necessary use.

2. Finding: Granting the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

Facts in Support of Finding: The City’s north water well property at 6800 Walker Street, also located in the PI Zoning District, maintains an existing freestanding communications tower that is not camouflaged as a monopine and also encroaches into the required perimeter setback. The placement of the communications tower other than the proposed location would not allow the Applicant to provide adequate wireless service for the surrounding area. The proposed project will eliminate the gap in wireless communication service to La Palma residents, businesses, and emergency services, which is an important element of the City’s infrastructure. Therefore, the granting of the variance is consistent with development patterns on other properties classified in the same zoning district.

3. Finding: Granting the variance would not authorize a use of activity that is not otherwise expressly authorized by the zoning district regulations governing the subject property.

Facts in Support of Finding: The subject site is located in the Public/Institutional Zoning District and is consistent with the intent and purpose to provide public and private utilities and facilities. The City’s General Plan Technology Element Goal T-6 specifically states to “accommodate the reasonable use of public rights-of-way for communications infrastructure while protecting the ability of the City to provide services in said rights-ofway.” The proposed variance for the communications tower to be sited in the ideal location

Exhibit C Resolution No. 2024-__

that has the least impact to the City Yard is in keeping with the City’s regulations to establish balanced and fair policies that preserve the City’s ability to provide effective utility operations and infrastructure maintenance along with opportunities for the placement and maintenance of communications service.

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 T-1 VICINITY MAP GENERAL CONTRACTOR NOTES APPROVALS LEGAL DESCRIPTION THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS & AUTHORIZE THE SUBCONTRACTOR TO PROCEED WITH THE CONSTRUCTION DESCRIBED HEREIN. ALL DOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDING DEPARTMENT & MAY IMPOSE CHANGES OR MODIFICATIONS. DISCIPLINE: SIGNATURE: DATE: AT&T RF ENGINEER: AT&T OPERATIONS: SITE ACQUISITION: CONSTRUCTION MANAGER: PROPERTY OWNER: ZONING VENDOR: PROJECT MANAGER: SUBCONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME. GENERAL NOTES THE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE; NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE IS PROPOSED. Your world. Delivered LOCAL MAP DO NOT SCALE DRAWINGS DRAWING INDEX DRIVING DIRECTIONS PROJECT TEAM CODE COMPLIANCE SITE INFORMATION 1. 2022 CALIFORNIA BUILDING CODE 2. 2022 CALIFORNIA ELECTRICAL CODE ADOPTED 2022 NEC 3. 2022 CALIFORNIA FIRE CODE 4. 2022 CALIFORNIA MECHANICAL CODE 5. 2022 CALIFORNIA PLUMBING CODE 6. 2022 CALIFORNIA ENERGY CODE 7. COUNTY COASTAL ZONE LAND USE ORDINANCE-TITLE 23 8. COUNTY FIRE CODE ORDINANCE - TITLE 16 9. COUNTY LAND USE ORDINANCE - TITLE 22 10.COUNTY BUILDING AND CONSTRUCTION ORDINANCE - TITLE 19 ALL WORKS AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THE LATEST EDITIONS OF THE FOLLOWING CODES. PROJECT DESCRIPTION APPLICANT / LESSEE 1452 EDINGER AVE. 3RD FLOOR TUSTIN, CALIFORNIA 92780 Your world. Delivered LATITUDE: 33° 50' 24.37" N (33.840103°) LONGITUDE: 118° 02' 55.69" W (-118.048803°) LAT./LONG. TYPE: NAD 83 GROUND ELEVATION: 41.4' AMSL ABOVE GROUND LEVEL: 75'-0" A.G.L. . APN #: 262-233-01 262-233-07 (ACCESS) AREA OF CONSTRUCTION: ±640 SQ. FT. ZONING / JURISDICTION: CITY OF LA PALMA CURRENT ZONING: PI - PUBLIC INSTITUTIONAL PROPOSED USE: UNMANNED TELECOMMUNICATIONS FACILITY HANDICAP REQUIREMENTS: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS NOT REQUIRED PROPERTY OWNER OWNER: CITY OF LA PALMA ADDRESS: 7822 WALKER ST. CITY,STATE,ZIP: LA PALMA, CA 90623-1721 CONTACT: CONAL McNAMARA TELEPHONE: (714) 690-3334 CONTACT: MIKE BELKNAP, COMMUNITY SERVICES DIRECTOR TELEPHONE: (714) 690-3356 EMAIL: [email protected] SITE NUMBER: CLL00939 - NSB SITE NAME: MOODY FA#: 12731323 USID#: 316955 8415 MEADOWLARK LANE LA PALMA, CA 90623 ORANGE COUNTY SI5& SI5& OUTDOOR EQUIPMENTS CLIENT REPRESENTATIVE ENGINEER COMPANY: CASA INDUSTRIES, INC. ADDRESS: 4430 E. MIRALOMA AVE. SUITE D CITY,STATE,ZIP: ANAHEIM, CA 92807 CONTACT: JULIUS SANTIAGO PHONE: (714) 553-8899 EMAIL: [email protected] ATT PROJECT MANAGER APPLICANT RF ENGINEER CONSTRUCTION MANAGER SITE ACQUISITION ZONING COMPANY: AT&T ADDRESS: 1452 EDINGER AVE. CITY,STATE,ZIP: TUSTIN, CA. 92780 CONTACT: IVAN OCEGUEDA PHONE: (562) 210-9855 EMAIL: [email protected] COMPANY: AT&T ADDRESS: 1452 EDINGER AVE. CITY,STATE,ZIP: TUSTIN, CA. 92780 CONTACT: ANDRE CAMOU PHONE: (562) 293-6236 EMAIL: [email protected] COMPANY: AT&T ADDRESS: 1452 EDINGER AVE. CITY,STATE,ZIP: TUSTIN, CA. 92780 CONTACT: IVAN OCEGUEDA PHONE: (562) 210-9855 EMAIL: [email protected] COMPANY: AT&T ADDRESS: 739 E SANTA CLARA ST., ROOM 217 CITY,STATE,ZIP: VENTURA, CA. 93001 CONTACT: SANDEEP MANGAT PHONE: (805) 312-1694 EMAIL: [email protected] COMPANY: SMARTLINK, LLC ADDRESS: 10 CHURCH CIRCLE CITY,STATE,ZIP: ANNAPOLIS, MD 21401 CONTACT: CHRIS DOHENY PHONE: (619) 994-8528 EMAIL: [email protected] COMPANY: SMARTLINK, LLC ADDRESS: 10 CHURCH CIRCLE CITY,STATE,ZIP: ANNAPOLIS, MD 21401 CONTACT: CHRIS DOHENY PHONE: (619) 994-8528 EMAIL: [email protected] COMPANY: SMARTLINK, LLC ADDRESS: 10 CHURCH CIRCLE CITY,STATE,ZIP: ANNAPOLIS, MD 21401 CONTACT: CHRIS DOHENY PHONE: (619) 994-8528 EMAIL: [email protected]

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 FD-1 FIRE DEPARTMENT 2 NOTES 3 BATTERY SYSTEM ANALYSIS 1

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 GN-1 ABBREVIATIONS & SYMBOLS 2 GENERAL NOTES & SPECIFICATIONS 1

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 GS-1 Beyond This Point you are entering a controlled area where RF emissions may exceed the FCC Occupational Exposure Limits. Obey all posted signs and site guidelines for working in a RF enviroment. Ref: 47CFR 1.1307(b) Beyond This Point you are entering a controlled area where RF emissions may exceed the FCC General Population Exposure Limits. Follow all posted signs and site guidelines for working in a RF environment. Ref: 47CFR 1.1307(b) NOTICE CAUTION INFORMATION AT&T operates telecommunications antennas at this location. Remain at least 3 feet away from any antenna and obey all posted signs. Contact the owner(s) of the antenna(s) before working closer than 3 feet from the antenna. Contact AT&T at ______________ prior to performing any maintenance or repairs near AT&T antennas. This is Site#____________ Contact the management office if this door/hatch/gate is found unlocked. En esta propiedad se ubican antenas de telecomunicationes operadas por AT&T. Favor mantener una distancia de no menos de 3 pies y obedecer todos los avisos. Comuniquese con el propictario o los propicatarios de las antenas antes de trabajar o caminar a una distancia de menos de 3 pies de la antena. Comuniquese con AT&T _______antes de realizar cualquier mantenimiento o reparaciones cerca de la antenas de AT&T. Esta es la estacion base numero_______ Favor comunicarse con la oficina de la administracion del edificio si esta puerta o compuerta se encuentra sin candado. ACTIVE ANTENNAS ARE MOUNTED STAY BACK A MINIMUM OF 3 FEET FROM THESE ANTENNAS Contact AT&T at ________ and follow their instructions prior to performing any maintenance or repairs closer than 3 feet from the antennas. This is AT&T site# _____________ ON THE OUTSIDE OF THIS BUILDING BEHIND THIS PANEL ON THIS STRUCTURE INFORMATION INFORMACION S
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1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 A-1 SITE PLAN 10' 20' 40' 1 1"=20'-0" SCALE: MOODY CREEK MEADOWLARK LN MALAGA DR LEGEND ENLARGED SITE PLAN 2

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 A-2 ANTENNA AND RRU SCHEDULE (PENDING RFDS) 4 ANTENNA PLAN 3/8"=1'-0" 3 SCALE: LEASE AREA PLAN 3/8"=1'-0" 1 SCALE: EQUIPMENT ELEVATION 3/8"=1'-0" 2 SCALE:

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 A-3 SOUTHWEST ELEVATION 2 1/4"=1'-0" SCALE: 1/4"=1'-0" SCALE: NORTHWEST ELEVATION 1 ··· ···

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 A-4 1/4"=1'-0" SCALE: NORTHEAST ELEVATION 2 1/4"=1'-0" SCALE: SOUTHEAST ELEVATION 1 ··· ···

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 A-5 MW SPECIFICATIONS 10 ERICSSON RRUS SPECIFICATIONS 9 RRUS SPECIFICATIONS 6 RRUS SPECIFICATIONS 7 ERICSSON RRUS SPECIFICATIONS 5 ERICSSON DC-09 (SQUID) SURGE SUPPRESSOR 11 RRUS SPECIFICATIONS 8 ANTENNA SPECIFICATIONS 1 ANTENNA SPECIFICATIONS 3 ANTENNA SPECIFICATIONS 4 ANTENNA SPECIFICATIONS 2 ERICSSON ERICSSON DC-50 (OUTDOOR UNIT) SPECS 12

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 A-6 GENERATOR SPECIFICATIONS 2 GENERATOR SPECIFICATIONS 1

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 A-7 CIENA CABINET SPECIFICATIONS 3 METAL GATE DETAILS 7 EMERSON POWER CABINET SPECS 2 PURCELL CABINET SPECIFICATIONS 1 UTILITY CABINET MOUNT 6 CIENA CABINET MOUNT 5 H-FRAME DETAILS 4 STUB-UP DETAIL 10 COAX TRANSITION AT POLE 11 SERVICE LIGHT DETAIL 9 GPS ANTENNA 8

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 A-8 RRUS MOUNT 3 ANTENNA MOUNT 1 GRAVEL FILL DETAIL 9 RRUS MOUNTING BRACKET 4 RRU BRACKET @ PIPE 6 PIPE TO PIPE BRACKET 5 HAND HOLE DETAIL (TRAFFIC RATED) 10 MW ANTENNA MOUNT 7 UTILITY TRENCH DETAILS 11 WALL MOUNTED CABLE TRAY DETAIL 8 ANTENNA MOUNT 2 COAX CABLE TRENCH 12

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 S-1 CABINET ANCHORAGE 4 CMU WALL SECTION 1 CONCRETE PAD DETAILS 2 GENERATOR ANCHORAGE 3

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 E-1 ELECTRICAL SITE PLAN 1 EMBASSY CIR MOODY CREEK 1"=20'-0" 10' 20' 40' SCALE: PANEL SCHEDULE 3 SINGLE LINE DIAGRAM AND NOTES 2

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 E-2 ANTENNA GROUNDING PLAN (TYPICAL PER SECTOR) 3/8"=1'-0" 2 SCALE: EQUIPMENT GROUNDING PLAN 3/8"=1'-0" 1 SCALE: GROUNDING NOTES 3 KEY NOTES KEY NOTES

1452 EDINGER AVE. TUSTIN, CALIFORNIA 92780 4430 E. MIRALOMA AVE. SUITE D ANAHEIM, CALIFORNIA 92807 10 CHURCH CIRCLE ANNAPOLIS, MD 21401 TEL: (949) 387-1265 FAX: (949) 387-1275 E-3 1 INSTL. OF GRND. CONDUCTOR TO GRND. BAR 2 5 3 4 INTERIOR TWO HOLE LUG GROUND BAR ANTENNA GROUNDING BAR CONNECTION OF CABLE GROUND KIT 6 GROUND ROD 7 GROUND ROD WITH ACCESS ELECTRICAL METER 8

City Yard Cell Tower Lease Agreement Resolution No. 2024-XX RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA PALMA APPROVING A LEASE AGREEMENT

BETWEEN THE CITY AND NEW CINGULAR WIRELESS,

LLC FOR THE LEASE, DEVELOPMENT, OPERATION AND

MAINTENANCE OF A FREESTANDING WIRELESS

COMMUNICATIONS TOWER (MONOPINE) AT THE CITY

OF LA PALMA PUBLIC WORKS MAINTENANCE YARD AT
8415 MEADOWLARK LANE
WHEREAS, the City Council of the City of La Palma wishes to protect and preserve the quality of the residential, commercial, and public/institutional areas of the City, as well as the quality of life throughout the City, through effective land use and planning; and WHEREAS, New Cingular Wireless PCS, LLC, (hereinafter, “the Applicant”), has initiated a request for approval to lease, erect, operate and maintain a freestanding wireless communications tower (monopine) on a portion of the property located at 8415 Meadowlark Lane, La Palma, CA 90623 (APNs 263-233-01, -07) (hereinafter, the “Project”), composed of applications for a Conditional Use Permit, Precise Plan, Variance, and a Lease Agreement; and
WHEREAS, the City’s Development and Circulation Committee conducted a duly noticed public hearing on the application for the Project, and upon considering the evidence and testimony before it, the Development and Circulation Committee adopted Resolution No. 2024-02 recommending City Council approval of the Project; WHEREAS, Conditions of Approval have been included in the resolution approving the Conditional Use Permit, Precise Plan, and Variance for the Project to achieve an attractive and aesthetically palatable architectural design for the monopine, to ensure harmony with the surrounding land uses, and to comply with the La Palma Municipal Code; and,
WHEREAS, the City Attorney’s Office and Community Development Department have prepared a draft Lease Agreement by and between City of La Palma and the Applicant related to the Project, a copy of which is included as EXHIBIT "A" attached hereto and incorporated by reference herein; and
WHEREAS, the Lease Agreement has been prepared and processed in accordance with applicable law; and
WHEREAS, the Lease Agreement would promote the public convenience, general welfare, and good land use practices, and is in the best interest of the community; and

City Yard Cell Tower Lease Agreement Resolution No. 2024-XX WHEREAS, the Lease Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Premises is or will be located, including any policy plan overlay applicable to the Premises; and WHEREAS, the Project has been analyzed under the California Environmental Quality Act (“CEQA”), and is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Structures) in that the project consists of construction and location of a new facility and equipment; and
WHEREAS, the City Council of the City of La Palma finds and determines that the Lease Agreement is consistent with the General Plan of the City of La Palma; and NOW, THEREFORE, the City Council of the City of La Palma does hereby resolve as follows:

SECTION 1. The City Council of the City of La Palma makes the following findings in support of the Resolution approving the Lease Agreement:

1. The proposed use is allowed within the subject zoning district and complies with all applicable provisions of the La Palma Municipal Code.

2. The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan and is in compliance with all city, state, and federal laws and regulations.

3. The approval of the lease agreement is in compliance with the requirements of the California Environmental Quality Act (CEQA).

SECTION 2. The City Council finds that approval of the lease agreement is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code § 21000 et seq.) in that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines (Class 3 – New Structures) involving construction and location of a new facility and equipment

City Yard Cell Tower Lease Agreement Resolution No. 2024-XX SECTION 3. The Lease Agreement attached hereto as EXHIBIT “A” is hereby approved, and the City Manager is hereby authorized to execute the Lease Agreement on behalf of the City. The City Manager, or his or her designee, is directed and authorized to do all of the following:
a. Prepare a final version of the Lease Agreement for execution and recording that fully reflects the action of the City Council in adopting the Lease Agreement, subject to review and approval of the City Attorney; and b. Make all necessary and appropriate clerical, typographical, and formatting corrections to the adopted Lease Agreement prior to execution and recording; and c. To implement the Lease Agreement, in accordance with its terms.

SECTION 4. The Resolution shall take effect upon adoption.

APPROVED AND ADOPTED by the City Council of the City of La Palma at a regular meeting held on the 6th day of August, 2024.
_______________________________
Marshall Goodman
Mayor
ATTEST:
_______________________________
Kimberly Kenney, CMC
City Clerk

Site Number: CLL00939
Site Name: Moody
FA#: 12731323
2465/001784-0204
17761531.1 a08/01/24

LEASE AGREEMENT
This Lease Agreement (this “Lease”), is made effective as of the latter signature date hereof (“Effective Date”) between THE CITY OF LA PALMA, a city of the State of California (“LESSOR”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“LESSEE”).

LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties” or individually as the “Party.”

RECITALS
WHEREAS, LESSOR owns that certain real property located at 8415 MEADOWLARK LANE, LA PALMA, CA 90623, which is described and depicted on Exhibit “A” attached hereto and by this reference made a part hereof (the “Property”); and WHEREAS, LESSEE desires to lease a portion of the Property from LESSOR, which is described and depicted on the attached Exhibit “B” (the “Leased Premises”); and NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. PROPERTY, PREMISES, EASEMENTS & RIGHTS-OF-WAY.

1.1 Premises. LESSOR hereby leases the Leased Premises to LESSEE subject to the terms and conditions of this Lease.

1.2 Access and Utility Easement.

1.2.1 LESSOR hereby grants to LESSEE a non-exclusive easement and right-ofway (during the Effective Period of this Lease, defined below) for ingress and egress across the Property to and from a public right of way (seven [7] days a week, twenty-four [24] hours a day), and to install and maintain below-grade utility wires, cables, conduits and pipes under the strip of land more particularly described and depicted in Exhibit “C” (the “Access and Utility Easement”).

1.2.2 Notwithstanding the foregoing, LESSEE’s use and enjoyment of the Access and Utility Easement can and shall be limited by any reasonable regulations adopted by LESSOR including, but not limited to hour and notice requirements, as reasonably amended from time to time. Prior to enforcement, these regulations, and any reasonable modifications thereto shall be provided to LESSEE in advance in writing.

2. EFFECTIVE PERIOD, INITIAL TERM AND EXTENSION TERMS.

2.1 Commencement Date. The initial term of this Lease shall commence on the first day of the month following full execution of this Lease (the “Commencement Date”).

2465/001784-0204
17761531.1 a08/01/24 -2-

2.2 Effective Period of Lease. This Lease shall be in effect starting on the Commencement Date and ending on the date either the Initial Term or Extension Terms expire, or the date on which this Lease is terminated as provided herein (the “Effective Period”).

2.3 Initial Term. The initial term of this Lease shall be for five (5) years and shall commence on the Commencement Date (“Initial Term”).

2.4 Term Extensions. LESSEE is hereby granted the option to extend this Lease on the same terms and conditions (with rent adjusted per Paragraph 3.4 below) for five (5) additional (5) year periods after the Initial Term expires, by giving LESSOR written notice of its intent to do so at least ninety (90) days prior to the date the then-current term would otherwise end (the “Extension Terms”). The Initial Term and any Extension Terms shall be collectively referred to herein as the “Term.”

2.5 Right Of Termination Following End of Term. After the Term has ended, LESSOR may terminate the Lease by providing written notice to LESSEE.

2.6 Holdover. LESSEE has no right to retain possession of the Premises or any part thereof beyond the end of the Removal Period (as defined in Paragraph 6 below), unless the Parties are negotiating a new lease or lease extension in good faith, and LESSOR has provided it consent in writing.

3. RENT.

3.1 Rent Payments. Starting on the first day of the month following the start of construction or twelve months following the Commencement Date, whichever occurs first, rent payments shall commence and be due at a total annual rent of forty two thousand dollars ($42,000) per year (as adjusted per Paragraph 3.4, “Annual Rent”), which shall be paid in equal monthly installments (as adjusted per Paragraph 3.4, “Monthly Rent”), in advance, on the first day of each month to LESSOR or to such other person, firm, or entity as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any Monthly Rent payment date.

3.2 Prorated Amount For Partial Monthly Rent Payment. If the Commencement Date is not on the first day of the month or the Effective Period of the Lease does not end on the last day of the month, the Monthly Rent payment for the partial month shall be prorated based on the number of remaining days prior to the immediately following month.

3.3 Late Payments of Rent. LESSEE hereby acknowledges that a late payment by LESSEE to LESSOR of Monthly Rent and other sums due hereunder will cause LESSOR to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and lost interest earnings. Accordingly, if any installment of Monthly Rent or any other sum(s) due from LESSEE are not received by LESSOR or LESSOR’s designee within ten (10) business days from the date that such amount is due, LESSEE shall pay to LESSOR a late charge equal to ten percent (10%) per month of such overdue amount. The Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs incurred by LESSOR in the event of the late payment of Monthly Rent.

2465/001784-0204
17761531.1 a08/01/24 -3-

3.4 Rent Increases. Commencing on the first (1st) annual anniversary of the Commencement Date, and on each annual anniversary thereafter during the Effective Period, the Annual Rent shall increase by an amount equal to two percent (2%) of the Annual Rent for the immediately preceding year, and the Monthly Rent payments shall be adjusted accordingly.

3.5 Casualty. In the event the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE’s operations at the Premises for more than forty-five (45) days, LESSEE shall have the right to terminate this Lease upon thirty (30) days prior written notice to LESSOR. If LESSOR elects to repair such damage and LESSEE does not terminate this Lease, then the Monthly Rent payable by LESSEE shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESSEE’s use of the Premises is impaired.

4. USE OF THE PROPERTY.

4.1 Authorized Uses, Generally.

4.1.1 LESSEE shall be authorized to use the Premises, and the Access and Utility Easement, for the purpose of constructing, maintaining, repairing, and operating a communications facility, including any required antennas or other supporting equipment, in addition to any other walls, landscaping, fencing, asphalt, or other improvements within the Lease Premises, in the manner and layout as depicted in the attached Exhibit “C”. In using the Premises and the Access and Utility Easement, LESSEE shall comply with the terms of this Lease, all conditions of the any relevant Government Approvals (defined below) and/or other federal, state or local law or regulation, and shall maintain and keep the Premises and the Access and Utility Easement in a good and workmanlike condition, reasonable wear and tear excepted, that is designed to minimize the aesthetic effects of the communications facilities and the Access and Utility Easement.

4.1.2 The construction, maintenance, repairs, alterations and removal of LESSEE’s improvements, equipment, antennas and conduits shall be at LESSEE’s sole expense, and LESSEE shall restore any landscaping, paving and fencing on or around the Property which was damaged by the construction, maintenance, repairs, alterations and removal of LESSEE’s facility (including any slope and drainage features) to the condition existing immediately prior to such installation, maintenance, repairs or alterations.

4.1.3 Failure to comply with the applicable requirements found within any relevant Government Approval or any other state or federal law, shall be considered a default on the part of LESSEE under Paragraph 10 below. As such, following the applicable notice and cure periods, LESSOR may move to terminate this Lease pursuant to the terms hereinbelow in the event of any such default by LESSEE.

4.2 Modifications to Authorized Uses.

4.2.1 The uses authorized by this Section 4, shall not be modified in any way without the Lessor’s prior written consent, which consent shall be granted in the LESSOR’s sole and absolute discretion.

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4.2.2 Any proposed modification to the communications facility that alters the physical appearance of the facility, or any other portion of the Leased Premises (i.e. walls, fencing, landscaping, asphalt or other improvements shown on the attached Exhibit “C”), must be approved in writing by LESSOR in its sole and absolute discretion. Notwithstanding Section 6409 of the Spectrum Act (codified at 47 U.S.C. § 1455) and its implementing regulations (codified at 47 C.F.R. § 1.4001), as that statute and those regulations are amended from time to time or replaced by a successor statute or regulations, LESSOR, at LESSOR’s sole and absolute discretion, may require LESSEE to undergo a discretionary review process for any modification to LESSEE’s communications facility, including its antennas, which is not authorized by Paragraph 4.1 above, regardless of whether such modification constitutes a “substantial change” to the physical dimensions of such facility or antennas (as the term “substantial change” is defined in Section 6409 of the Spectrum Act and its implementing regulations).

4.2.3 Notwithstanding the above, LESSEE shall have the right to replace or repair its equipment or any portion thereof during the Effective Period of this Lease, so long as such repairs and replacements do not modify the physical appearance of the approved wireless facilities, or additional improvements, and provided such repairs and replacements are constructed, operated and maintained in such a manner as to keep the Premises in a reasonably good and workmanlike condition.

4.3 Vehicles. The Parties acknowledge that, in connection with LESSEE’s use of the Premises and any associated easements and/or rights-of-way, LESSEE may be required to bring trucks, vans and other motor vehicles onto the Property. In this regard, LESSEE shall first endeavor to utilize the public parking areas provided by LESSOR, it being understood, however, that if LESSEE determines in its reasonable, good faith discretion that it is necessary to bring such vehicles directly onto the Property, LESSEE may do so, but only within the Access and Utility Easement, and only during such times and to the extent necessary under the circumstances, and as reasonably coordinated in advance with LESSOR, and in accordance with the reasonable regulations adopted by LESSOR in writing that will be provided to LESSEE in writing. When bringing vehicles directly onto the Property, LESSEE shall cause as little interference with recreational or other activities on the Property as reasonably possible and shall be responsible for the repair of any damage caused on or around the Property as a result thereof. LESSEE shall restore the Property to the condition existing immediately prior to such entry by LESSEE, including but not limited to landscaping, paving and fencing.

4.4 Utilities. LESSEE shall be responsible directly to the serving entities for all utilities required by LESSEE’s use of the Property. Should electric power be provided by LESSOR, LESSEE shall install an electric meter and LESSEE’s usage shall be read by LESSOR or, at LESSOR’s option, by LESSEE on a monthly basis, and the cost of electricity used by LESSEE shall be paid by LESSEE to LESSOR as payment separate from Monthly Rent and shall be computed at the then-current public utility rate.

4.5 Interference. LESSEE acknowledges and agrees that LESSOR’s use of the Premises and/or Property, including any of LESSOR’s other lessees on the Property, as of the Effective Date, does not interfere with any of LESSEE’s existing equipment or, to the best of its current, actual knowledge, any existing equipment of its sublessee. LESSEE agrees to use commercially reasonable efforts to install future equipment only of the type and frequency which

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will not cause harmful interference that is measurable in accordance with then existing industry and regulatory standards to any then existing equipment of LESSOR or LESSOR’s other lessees or sublessees on the Property which (1) existed on the Property prior to the Effective Date of this Lease, and/or (2) is later installed by LESSOR and concerns LESSOR’s emergency broadcast activities and/or traffic signal operations. LESSOR and LESSEE acknowledge and agree that as of the Effective Date of this Lease, LESSEE is not causing interference to LESSOR or any existing tenants at the Property. In the event any of LESSEE’s equipment causes such interference, and after LESSOR has notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at LESSEE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Lease or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interference issue; provided, however, that LESSOR may temporarily take such steps as are reasonably necessary with regard to any LESSEE equipment to prevent or mitigate an immediate threat to public safety. LESSEE understands and acknowledges that LESSOR may use the Property outside the Premises, or any portion of it, for its own purposes and/or lease such property to other parties for purposes that include but are not limited to the installation of additional communications facilities.

4.6 Governmental Approvals.

4.6.1 LESSEE shall comply with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codes, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively “Applicable Laws”) in the performance of its obligations under this Lease and its operation of the communications facility as authorized by this Lease. It is understood and agreed that LESSEE’s ability to use the Premises is contingent upon its obtaining and maintaining all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or local authorities which will permit LESSEE to use of the Premises as set forth herein.

4.6.2 In the event that any applications for Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority, LESSEE shall have the right to terminate this Lease.

5. TERMINATION.

5.1 LESSEE shall have the right to terminate this Lease by providing ninety (90) days of notice.

5.2 After the end of the second five (5) year extension pursuant to Section 2.4, if it occurs (for clarity, after this Lease has been effective for at least fifteen (15) years), LESSOR shall have the right to terminate this Lease for any reason as provided for in Paragraph 2.5 above.

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5.3 Either Party shall have the right to terminate this Lease for cause at any time pursuant to Paragraph 10 below, provided the applicable cure period has elapsed.

5.4 Notice of termination shall be given to the non-terminating Party in writing by certified mail, return receipt requested, and shall be effective upon the receipt of such notice by the non-terminating Party or upon such later date as designated by the terminating Party.

5.5 After the Lease is terminated by either or both Parties, both Parties shall be relieved of any further obligations under this Lease, except for LESSEE’s removal and restoration obligations as stated in Paragraph 6 below, but each Party shall continue to have any and all remedies for any breach of a lease obligation which occurred prior to the date of termination.

5.6 Notwithstanding any of the foregoing, or any other terms or provisions found within this Lease, nothing in the Lease shall be construed to limit the LESSOR’s ability to bring any and all enforcement actions against LESSEE or its sublessees pursuant to the LESSOR’s regulatory authority.

6. REMOVAL OF FACILITIES & RESTORATION OF PROPERTY.

LESSEE shall, within ninety (90) days following the expiration or termination of this Lease (including any termination for cause pursuant to Paragraph 10) (the “Removal Period”), remove, at no cost to LESSOR, its communications facilities, antenna structure(s) (including footings to a depth of two feet (2’)), equipment, conduits, personal property and fixtures and to restore the Property to its original condition prior to the Commencement Date, reasonable wear and tear excepted. If such time for removal causes LESSEE to remain on the Premises after termination of this Lease, LESSEE shall pay Monthly Rent at the then existing rate until such time as the removal of the communications facilities, antenna structure(s) (including footings as provided herein), equipment, conduits, personal property and fixtures are completed in accordance with this Paragraph 6. At LESSOR’s option, when this Lease is terminated and upon written notice by LESSOR to LESSEE given within thirty (30) days of such termination, LESSEE shall leave LESSEE’s improvements (the “Remaining Improvements”), other than its personal property and fixtures, to become the property of LESSOR.

7. ASSIGNMENT AND SUBLETTING.

7.1 Should LESSOR, at any time during the Effective Period of this Lease, sell lease, transfer or otherwise convey all or any part of LESSOR’s Property to any transferee other than LESSEE, then such transfer shall be under and subject to this Lease and all of LESSEE’s rights hereunder, and any transfer by LESSOR of any portion of LESSOR’s Property underlying the easements and rights-of-way herein granted shall be under and subject to the right of LESSEE to such easements and rights-of-way.

7.2 This Lease may be sold, assigned or transferred by LESSEE, and all or any portion of the Premises may be subleased, without any approval or consent of LESSOR to LESSEE’s principal, subsidiaries of its principal, or to any entity which acquires all or substantially all of LESSEE’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other proposed successors-in-interest, this Lease may not be sold, assigned, subleased or transferred

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without the written consent of LESSOR. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder.

7.3 LESSEE further understands and agrees that prior to agreeing to a new successorin-interest per Section 7.2 above, LESSOR may require reasonable modifications to the financial terms of this Lease, or a separate agreement with the subleasing party, prior to consenting to any such sale, assignment, sublease or other transfer of any of LESSEE’s rights under this Lease. Any sublease that is entered into by LESSEE shall be subject to the provisions of this Lease and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto.

8. INDEMNITY AND NON-LIABILITY OF LESSOR.

8.1 LESSEE shall and hereby does indemnify, defend (with counsel reasonably approved by LESSOR), and hold harmless LESSOR and any and all of its officials, officers, employees, contractors, subcontractors, and agents, (collectively, “Indemnified Parties”) from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, or regulatory proceedings, whether actual, alleged, or threatened), losses, expenses, or costs of any kind, including, without limitation, reasonable court costs (including, attorneys’ fees actually incurred), litigation expenses, and actually incurred fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation (collectively, “Losses”), to the extent the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, LESSEE’s use of or operations on the Premises or the Property or by any of LESSEE’s officers, agents, employees, or subcontractors, except to the extent such Losses are caused by the negligence or willful misconduct of the Indemnified Parties.

8.2 LESSEE agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Paragraph 8 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of LESSEE in the performance any work or operations on the Property. In the event LESSEE fails to obtain such indemnity obligations from others as required herein, LESSEE agrees to be fully responsible according to the terms of this Paragraph

8. Failure of LESSOR to monitor compliance with these requirements imposes no additional obligations on LESSOR and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend LESSOR as set forth herein is binding on the successors, assigns or heirs of LESSEE and shall survive the termination of this Lease or this Paragraph 8.

8.3 Neither Party shall be liable to the other party or any of its agents, representatives or employees for any lost revenue, lost profits, loss of technology, rights or services, 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 (including negligence), strict liability or otherwise.

8.4 LESSOR shall not be liable to LESSEE or any of its agents, representatives or employees for any loss or damages to LESSEE’s personal property caused by theft, vandalism, malicious mischief, fire, act of God, acts of the public enemy, riot, strike, insurrection, war, court order, or requisition or order of a governmental body or authority.

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9. INSURANCE.

9.1 Types; Amounts. LESSEE shall obtain, and shall require any subcontractor to obtain substantially the same coverage as required of LESSEE, insurance in the amounts described below.

9.1.1 General Liability Insurance. LESSEE shall maintain occurrence version general liability insurance with a combined single limit of Five Million Dollars ($5,000,000) per occurrence for bodily injury and property damage.

9.1.2 “All Risk” Property Insurance. LESSEE shall maintain a policy of property insurance for perils usual to a standard “all risk” insurance policy on all its improvements or alterations in, on, or about the Premises, with limits equal to ninety percent (90%) of the replacement value of all such improvements or alterations.

9.2 General Provisions. The liability insurance required under Section 9.1 above shall include LESSOR, its elected officials, officers, employees, and volunteers as additional insureds as their interests may appear under this Lease. Such required insurance shall be primary with respect to any insurance or self-insurance programs covering LESSOR, its elected officials, officers, employees, and volunteers, with respect to claims resulting from LESSEE’s use and occupancy of the premises and the operations conducted thereon. Such required insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to LESSOR, its elected officials, officers, employees, and volunteers.

LESSEE may satisfy the foregoing by obtaining the appropriate endorsement to any master policy of liability insurance LESSEE may maintain.

9.3 Certificates; Insurer Rating Cancellation Notice. Upon the Commencement Date, LESSEE shall furnish to LESSOR properly executed certificates of insurance which evidence all such required insurance as required by this Section 9. LESSEE shall maintain such required insurance at all times while this Lease is in effect, and shall replace any certificate or policy which will expire within twenty (20) days after expiration. Unless approved in writing by LESSOR, LESSEE shall place such required insurance with insurers licensed, authorized or permitted to do business in the State of California and with a current A.M. Best rating of at least A-:VII.

10. DEFAULT.

10.1 In the event there is a default by either Party with respect to any of the provisions of this Lease or its obligations under it, including the payment of Monthly Rent, the non-defaulting Party shall give the defaulting Party written notice of such default. After receipt of such written notice, the defaulting Party shall have thirty (30) days in which to cure any monetary default, and thirty (30) days in which to cure any non-monetary default, provided the defaulting Party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure for a non-monetary default is such that it reasonably requires more than thirty (30) days, and the defaulting Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion.

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10.2 The non-defaulting Party may not maintain any action or effect any remedies for default against the defaulting Party unless and until the defaulting Party has failed to cure the same within the time periods provided in this Paragraph 10.

10.3 Upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party’s duty or obligation on the defaulting Party’s behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor, plus interest (from the date that such costs and expenses are incurred until payment) at ten percent (10%) per annum. In the event of a default beyond all applicable cure periods by either Party with respect to a material provision of this Lease, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate this Lease. In the event of an uncured default, the non-defaulting Party shall have the right to pursue an action for specific performance (including the payment of Monthly Rent) and for the recovery of actual damages. No punitive damages, treble damages, and/or lost profits, or other financial recovery shall be available to either Party. Notwithstanding any other provision in this Lease, after terminating this Lease pursuant to Section 5 of this Lease, LESSOR shall have the right to re-enter the Premises and/or to remove LESSEE’s person or property from the Premises, should LESSEE fail to remove its property within the time-period provided in Section 6 of this Lease.

11. NOTICES.

All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice):

LESSEE: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: CLL00939; Cell Site Name: Moody (CA)
Fixed Asset #: 12731323
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn.: Legal Dept – Network Operations
Re: Cell Site #: CLL00939; Cell Site Name: Moody (CA)
Fixed Asset #: 12731323
208 S. Akard Street
Dallas, TX 75202-4206

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LESSOR: City of La Palma
7822 Walker Street
La Palma, CA 90623
With a copy to: City Attorney
City of La Palma
Rutan & Tucker, LLP
18575 Jamboree Road, 9th Floor
Irvine, CA 92612
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.

12. COMPLIANCE WITH LAWS AND OTHER RESTRICTIONS.

12.1 Compliance with Laws. Lessee shall, at its sole cost and expense, comply with all Applicable Laws relating to the Premises and Lessee’s use, operation and occupancy of the Premises, and all conditions, easements or restrictions now or hereafter encumbering the Premises, and shall cause the Premises to be operated in compliance with such requirements and restrictions.

Lessee shall not conduct or permit to be conducted on the Premises any public or private nuisance or commit or permit to be committed any waste upon the Premises or any other act or thing which (i) would disturb the quiet enjoyment of any ordinary person leasing property from Lessor or any ordinary person occupying nearby property, or (ii) in the eyes of an ordinary person would injure the reputation of the Premises or Lessor. Lessor hereby acknowledges and agrees that Lessee’s use of the Premises permitted under this Lease and in accordance with the terms of this Lease shall not be deemed a nuisance, waste or a disturbance of any other lessee’s quiet enjoyment. Lessee shall make any alteration or improvement to the Premises as is necessary or required to comply with any Applicable Law and to cause the Premises to comply with any Applicable Law with respect to Lessee’s use, operation and occupancy of the Premises, including any requirements under the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and regulations and guidelines promulgated thereunder, and all other federal, state, and local codes, statutes, and orders relating to disabled access as they are applicable on the date of this Lease, and as they may be subsequently amended from time to time (collectively referred to herein as the “ADA”). Lessee shall cause the Lessee Parties to comply with this Lease and all Lessor rules and regulations applicable to the use of the Premises. If any amendment to this Lease is necessary to comply with any Applicable Laws, the parties shall enter into such amendment(s) in a form reasonably acceptable to both Lessor and Lessee.

12.2 Covenant Against Discrimination. Lessee covenants for itself, its successors, assigns, and all persons claiming under or through it, that there shall be no discrimination against any person on account of race, color, creed, religion, sex, marital status, national origin, or ancestry or any other protected class, in its use of the Premises and the performance of this Lease. Lessee further covenants and agrees to comply with the terms of the ADA.

12.3 Occupational Safety and Health Act; Proposition 65. Lessee shall, at its sole cost and expense, comply with the requirements of the Occupational Safety and Health Act of 1970, 29 U.S.C., Section 651 et seq. and any analogous legislation in California, as well as Proposition

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65, the Safe Drinking Water and Toxic Enforcement Act of 1986, Health & Safety Code §§25249.5 et seq. (collectively, the “Act”), to the extent that the Act applies to the Premises and any activities thereon. Without limiting the generality of the foregoing, Lessee covenants to maintain all working areas, all machinery, structures, electrical facilities and the like upon the Premises in a condition that fully complies with the requirements of the Act including such requirements as would be applicable with respect to agents, employees or contractors of Lessor who may from time to time be present upon the Premises, and Lessee shall post on the Premises the notices required under Proposition 65 to the extent required in connection with Lessee’s use of the Premises.

12.4 No Toxic Materials. Except as expressly authorized below in this Section 12.4, Lessee shall not permit or suffer placement, storage, disposal or discharge of any Toxic Materials on, under, or at the Premises and Lessee shall not erect, emplace or maintain any tank, vessel or container designed or suitable for holding Toxic Materials on or about the Premises without the prior written consent of Lessor which consent may be withheld or denied or made subject to conditions in the sole discretion of Lessor. Lessor shall not be liable to Lessee or any third party as a result of giving or withholding such consent. Lessee shall, at its sole cost and expense, and whether or not Lessor’s consent has been obtained, also comply with all Applicable Laws relating to Lessee’s storage, discharge, application, use and disposal of Toxic Materials on, under, in or about the Premises.

13. CONDITION OF PREMISES; RELEASE.

13.1 Condition of Premises.

Lessee acknowledges that it has had sufficient opportunity to inspect and investigate the Premises and all aspects thereof and documents pertaining thereto and it is familiar with the Premises and the condition thereof. Lessee covenants and agrees that it is relying upon its own inspections, examinations, studies and inquiries with respect to the Premises and has not relied upon any representation, warranty or statement of Lessor, or its agents or employees. Lessee shall, upon the execution of this Lease, be deemed to have disclaimed and waived any and all objections to the physical and environmental characteristics and conditions of the Premises, whether or not such conditions would be disclosed by a reasonable and diligent inspection. Lessee acknowledges that neither Lessor nor any of its officers, directors, employees, agents, or representatives has made any representations, warranties, or agreements to Lessee as to any matters concerning the Premises. The foregoing disclaimers and waivers include, without limitation, topography, climate, air, water rights, utilities, present and future zoning, governmental restrictions, entitlement rights and obligations, and governmental conditions or development, soil, subsoil, subsurface water, environmental contamination, the purpose for which the Premises is suited, drainage, access to public roads, proposed routes or roads or extensions thereof or the availability of governmental permits or approvals of any kind, and the environmental problems associated in any way with prior or future remediation work. Lessee agrees that Lessor shall have no responsibility for any patent or latent defect or physical or environmental condition of the Premises, whether or not known or discovered, and Lessee accepts all such responsibility. The Premises is being leased to Lessee “AS-IS,” “WHERE-IS,” “WITH ALL FAULTS” without representation or warranty expressed or implied by Lessor, by operation of law, or otherwise. This Lease is made subject to and without liability to Lessor or any other Indemnified Party because of or resulting from any of the foregoing

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conditions or any or any other condition of the Premises or adjacent property. Lessee expressly disclaims, which Lessee acknowledges and accepts, any implied warranty or condition and Lessee, for itself, and its officers, employees, agents, representatives, affiliates, successors and assigns, including successors in interest to the Premises, hereby releases and forever discharges on, habitability, merchantability, or fitness for a particular purpose or use.

13.2 Release of Indemnified Parties. In addition to anything contained in Section 13.1 above, Lessee, for itself, and its officers, employees, agents, representatives, affiliates, successors and assigns, hereby releases and forever discharges and expressly waives, releases and relinquishes any and all claims, causes of action, rights and remedies Lessee may now or hereafter have against the Indemnified Parties, whether known or unknown, with respect to the physical, environmental, economic or legal condition of the Premises. For the foregoing purposes, Lessee specifically waives the provisions of Section 1542 of the California Civil Code, and any similar law of any other state, territory or jurisdiction. California Civil Code Section 1542 provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR

HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Lessee hereby specifically acknowledges that Lessee has carefully reviewed this section and discussed its import with legal counsel, and that the provisions of this section are a material part of this Lease.

Lessee Initials: _________ Lessee Initials: _________

14. CONDEMNATION.

14.1 In the event of a condemnation or transfer in lieu thereof which results in a taking of the Property (or any portion thereof which prohibits LESSEE from using the Property for the purposes set forth in this Lease) (collectively, a “Taking”), LESSEE may use and/or construct upon an alternative portion of LESSOR’s Property which is equally suitable for LESSEE’s purposes, as reasonably determined by LESSOR and LESSEE, provided such space is available and provided that LESSEE obtains all necessary Governmental Approvals at its sole cost and expense. The exact site to which LESSEE may relocate shall be determined by LESSOR, and it may be upon any portion of LESSOR’s Property (or any adjoining property owned or controlled by LESSOR), provided that LESSEE reasonably approves the site as equally suitable for LESSEE’s intended uses. If it is determined that alternative space is not available as herein provided, LESSEE may terminate this Lease pursuant to Paragraph 5.

14.2 If a condemning authority takes title to the Property during the Effective Period of this Lease, and the Parties have not agreed on an alternative space pursuant to Paragraph 13.1 above, the Lease shall terminate on the date such condemning authority takes title. In the event of such termination, LESSEE shall not be entitled to share in any portion of the condemnation award, and LESSEE hereby expressly waives any right or claim to any part thereof. However, Monthly Rent shall abate during the time LESSEE is unable to use the Property as provided for in this Lease

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as a result of such Taking, and LESSEE shall have the right to claim and recover only from the condemning authority (but not from LESSOR) any amounts necessary to reimburse LESSEE for the cost of removing its personal property and fixtures from the Property.

15. RENOVATION OF PROPERTY.

LESSOR hereby reserves the right (but not the obligation) to repair, renovate, construct, modernize, rehabilitate, or otherwise alter all or any portions of the Property throughout the term of this Lease (hereafter, “Modifications”), in such manner and at such time as LESSOR may, in its sole and absolute discretion, deem necessary, subject to LESSEE’s right to operate its facility at the Premises in accordance with this Lease. In connection with all such Modifications, LESSOR may enter the Premises to the extent reasonably required by LESSOR to pursue and complete such Modifications, but only after giving LESSEE at least five (5) business days’ prior notice so that LESSEE may provide an escort. LESSEE agrees that under no circumstances shall the Modifications as to any portion of LESSOR’s Property, or the work that takes place in the course of making the Modifications, including LESSOR’s entry onto the Premises, constitute an eviction or partial eviction of LESSEE or a breach of LESSEE’s right to quiet enjoyment or use of the Premises, or any provision of this Lease, nor entitle LESSEE to damages or equitable relief or abatement or reduction in the Monthly Rent payment due. Notwithstanding the foregoing, nothing in this Paragraph 15 shall be construed, interpreted or implemented so as to deprive or prevent LESSEE from using the Premises for the uses contemplated herein.

16. MISCELLANEOUS.

16.1 Quiet Enjoyment. LESSOR covenants that LESSEE, on paying the Monthly Rent and performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises. LESSEE has investigated the Property and has satisfied itself that, as of the Effective Date of this Lease, there are no improvements, structures or utilities, including other existing antennas or communications equipment or facilities, that interfere with LESSEE’s use of the Property for the purposes permitted by this Lease.

16.2 Integration. It is agreed and understood that this Lease contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Lease shall be void and ineffective unless made in writing signed by the Parties.

16.3 Governing Law & Choice of Forum. This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the Laws of the State of California, and the Parties agree that any action arising from or relating to any obligation under this Lease shall be commenced and pursued in either (1) the Superior Court of the State of California, County of Orange, or, (2) so long as all other prerequisites for federal court jurisdiction are satisfied, the United States District Court, Central District of California.

16.4 Successors. This Lease shall extend to and bind the heirs, personal representatives, successors and assigns of the Parties hereto.

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16.5 Subordination & Non-Disturbance. At LESSOR’s option, this Lease shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (“Mortgage”) by LESSOR which from time to time may encumber all or part of the Property or right-of-way; provided, however, every such Mortgage shall recognize (in writing and in a commercially reasonable form acceptable to LESSEE’s counsel) the validity of this Lease in the event of a foreclosure of LESSOR’s interest and also LESSEE’s right to remain in occupancy and have access to the Premises and any related easements or rights-of way so long as LESSEE is not in default of this Lease. LESSEE shall execute whatever instruments may reasonably be required to evidence this subordination. If, as of the Effective Date of this Lease, there is any deed of trust, ground lease or other encumbrance or right of repurchase affecting the Property, LESSOR agrees to use its best efforts in cooperating with LESSEE in obtaining from the holder of such encumbrance an agreement that LESSEE shall not be disturbed in its possession, use and enjoyment of the Premises and any related easements or rights-of way.

16.6 Right to Cure. If LESSOR breaches any material covenant, agreement or promise contained in any mortgage or deed of trust superior to LESSEE’s estate hereunder (other than any mortgage or deed of trust as to which LESSEE has obtained a non-disturbance agreement in accordance with Paragraph 16.5 above) or contained in any lease under which LESSOR holds title to any portion of the Property, and if LESSOR fails to (at least) commence to cure such breach within thirty (30) days after receiving written notice specifying the violation (or if LESSOR fails thereafter to diligently prosecute the cure to completion), then LESSEE may terminate the Lease pursuant to Paragraph 5, or it may (although it shall not be obligated to do so) cure LESSOR’s breach and/or perform LESSOR’s obligations (on LESSOR’s behalf and at LESSOR’s expense) at LESSEE’s sole cost and expense.

16.7 Interpretation.

16.7.1 The Parties agree that all of the provisions in this Lease shall be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate Paragraph.

16.7.2 The language of all parts of this Lease shall be construed simply and according to its fair meaning, and this Lease shall never be construed for or against either Party.

16.7.3 The captions contained in this Lease are inserted for convenience only and are not intended to be part of this Lease. They shall not affect or be utilized in the construction or interpretation of this Lease.

16.7.4 The exhibits attached to this Lease are made a part of this Lease as though fully set forth.

16.8 Severability. If any provision of this Lease is invalid, it shall be considered deleted from this Lease and shall not invalidate the remaining provisions of this Lease, unless the severing of such a provision would materially alter the consideration provided under the Lease or render the Lease unintelligible.

16.9 Attorneys’ Fees. In the event litigation or other proceeding is required to enforce or interpret any provision of this Lease, the prevailing Party in such litigation or other proceeding

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shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled.

16.10 Abandonment, Dispossession, Surrender, Cancellation. The abandonment of the Property by LESSEE during the Effective Period of this Lease, or LESSEE’s dispossession by process of law, or otherwise, or the voluntary surrender of this Lease, or mutual cancellation of this Lease, shall not work a merger, and shall terminate any and all of LESSEE’s existing subleases or assignments unless such sublessees or assignees are accepted by LESSOR, in writing, at the time of such abandonment, dispossession, surrender, cancellation, which acceptance LESSOR may give or withdraw in its sole and absolute discretion.

16.11 Time of the Essence. Time is of the essence in the performance of this Lease.

16.12 Authority to Execute Lease. Each of the Parties hereto warrants to the other that the person or persons executing this Lease on behalf of such Party has the full right, power and authority to enter into and execute this Lease on such Party’s behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Lease.

16.13 No Personal Liability. No officer, official, employee, agent or representative of LESSOR shall be personally liable to LESSEE or its successor in the event of a default or breach by LESSOR, or for any amount which may become due to LESSEE or its successor, or for any breach of any of LESSOR’s obligations under this Lease.

16.14 Nondiscrimination. LESSEE covenants by and for itself, its heirs, successors and assigns, and all persons claiming under and through it that it shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition, sexual orientation or marital status in connection with or related to the performance of this Lease.

16.15 Taxes. LESSEE shall have the responsibility to pay any documented increase in real estate taxes levied against the Property which are directly attributable to the improvements constructed by LESSEE. LESSOR shall provide to LESSEE a copy of any notice, assessment or billing relating to real estate taxes for which LESSEE is responsible under this Lease within thirty (30) days of receipt of the same by LESSOR. LESSEE shall have no obligation to make payment of any such real estate taxes until LESSEE has received the notice, assessment or billing relating to such taxes as set forth in the preceding sentence. In the event LESSOR fails to provide to LESSEE a copy of any real estate tax notice, assessment or billing within the thirty (30) day period set forth herein, LESSEE shall be relieved of any obligation or responsibility to make payment of real estate taxes referred to in the notice, assessment or billing which was not timely delivered by LESSOR to LESSEE. LESSEE shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which LESSEE is wholly or partly responsible for payment under this Lease. LESSOR shall reasonably cooperate, at no cost to LESSOR, with LESSEE in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to

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LESSEE the amount of said reduction, credit or repayment. In the event that LESSEE does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this Paragraph, LESSOR will pursue such dispute at LESSEE’s sole cost and expense upon written request of LESSEE. LESSEE is hereby notified that any property interest deemed to have been created by or as a result of this Lease may be subject to property taxation, and that LESSEE may be subject to the payment of property taxes levied on the interest.

16.16 Electronic Funds Transfer of Rent Payments. Upon written agreement of the Parties, LESSEE may pay Monthly Rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE.

16.17 Taxpayer Identification Number and Certification. LESSOR hereby agrees to provide to LESSEE a W-9 upon its execution of this Lease. Within fifteen (15) days of obtaining an interest in the Property or this Lease, any assignee(s), transferee(s) or other successor(s) in interest of LESSOR shall provide to LESSEE a W-9 and such other reasonable documentation as requested by LESSEE in writing to verify LESSOR’s right to receive rental payments under this Lease.

16.18 Non-Waiver. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Lease or to exercise any of its rights under this Lease shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Lease, in law or in equity.

16.19 Survival. The provisions of this Lease relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Lease. Additionally, any provisions of this Lease which require performance subsequent to the termination or expiration of this Lease shall also survive such termination or expiration.

16.20 Submission of Lease. The submission of this Lease for examination does not constitute an offer to lease the Premises and this Lease becomes effective only upon the full execution of this Lease by the Parties.

16.21 Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of which, when taken together, shall be deemed to constitute one and the same instrument.

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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written.

LESSOR:

CITY OF LA PALMA,
a municipality
By:

Name: Conal McNamara
Title: City Manager
Date:

ATTEST:

By:

Name: Kimberly Kenney
Title: City Clerk
Date:

APPROVED AS TO FORM:

By:

Name: Ajit S. Thind
Title: City Attorney
Date:

LESSEE:

New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:

Name: Misty Snowden
Title: Area Manager
Date:

Site Number: CLL00939
Site Name: Moody
FA#: 12731323
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Exhibit A
Property

LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF LA PALMA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THE NORTH 360.00 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO

LOS COYOTES, IN THE CITY OF LA PALMA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF THE NORTH 20 ACRES OF THAT PORTION OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8,

WHICH IS NORTHEASTERLY OF THE LOS ANGELES INTER-URBAN RAILWAY COMPANY RIGHT OF WAY RECORDED NOVEMBER 14, 1905 IN BOOK 122, PAGE 262 OF DEEDS.

EXCEPT THE EAST 638.60 FEET THEREOF.

ALSO EXCEPT THAT PORTION THEREOF LYING NORTHWESTERLY OF THE SOUTHEASTERLY

LINE OF THE LAND DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED NOVEMBER 21, 1961 IN BOOK 5919, PAGE 512 OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM ANY AND ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON

SUBSTANCES, AS MORE PARTICULARLY SET FORTH AND PROVIDED IN VARIOUS INSTRUMENTS OF RECORD.

APN: 262-233-01 AND 262-233-07

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Exhibit B
Leased Premises

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Exhibit C
Access and Utility Easement

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RESOLUTION NO. DCC 2024-02

A RESOLUTION OF THE DEVELOPMENT AND CIRCULATION

COMMITTEE OF THE CITY OF LA PALMA, CALIFORNIA,

RECOMMENDING THAT THE CITY COUNCIL APPROVE
PRECISE PLAN 287 AND VARIANCE 2022-01 TO INSTALL A
75’ FREESTANDING WIRELESS COMMUNICATIONS TOWER
(MONOPINE) AT THE CITY OF LA PALMA PUBLIC WORKS
MAINTENANCE YARD AT 8415 MEADOWLARK LANE
WHEREAS, SmartLink Group on behalf of AT&T Mobility (hereinafter, the “Applicant”), has initiated a request for Precise Plan (PP) 287 and Variance 2022-01 for approval to install a 75’ freestanding wireless communications tower (monopine) and associated equipment on the property located at 8415 Meadowlark Lane, La Palma, CA 90623 (APNs 263-233-01, -07) (hereinafter the “Project”); and,
WHEREAS, the subject property is located within the Public/Institutional (PI) Zoning District, which allows a freestanding communication tower as an accessory use; and, WHEREAS, the City of La Palma wishes to protect and preserve the quality of the commercial and residential areas of the City, as well as the quality of life throughout the City, through effective land use and planning; and,
WHEREAS, Chapter 44 – Zoning, Article II – Division 4 (Nonresidential Zoning Districts) of the La Palma Municipal Code identify the development standards and land use requirements for a freestanding communications tower; and,
WHEREAS, Chapter 44 – Zoning, Article V - Division 3 (Precise Plans and Amendments) of the La Palma Municipal Code states that the purpose of the Precise Plan is to provide a process for reviewing architectural applications for all new construction, and that process allows for the review of the design of the development, an identification of potential impacts on the surrounding properties, and an assurance that the proposed Project complies with the provisions of the Zoning Code and the General Plan; and,
WHEREAS, Chapter 44 – Zoning, Article V - Division 11 (Variances and Minor Exceptions) of the La Palma Municipal Code states that the purpose of the Variance is to allow for adjustment in the development standards only when the strict application of the Zoning Code denies the property owner privileges enjoyed by other property owners in the vicinity and within identical zoning districts. Special circumstances that justify the granting of a variance include the location, shape, size, surroundings, or topography of a site; and, WHEREAS, Chapter 44 – Zoning, Article IV – Division 1, Section 44-485 (Authority for Land Use and Zoning Decisions), Table IV-1 (Review Authority) of the La Palma Municipal Code identifies the Development and Circulation Committee as a recommending body to the City Council which is the approval authority for all Precise Plans and Variances; and, WHEREAS, the proposed Project shall adhere to the requirements of the La Palma Municipal Code, the PI Zoning District, and the comprehensive architectural design package included as “EXHIBIT A” attached hereto; and,
DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

WHEREAS, draft Conditions of Approval have been prepared and attached as “EXHIBIT B” for Precise Plan 287 and Variance 2022-01, to ensure the orderly development of the Project and to maintain the quality of life in La Palma; and,
WHEREAS, the proposed project will be reviewed in for compliance with the California Environmental Quality Act (CEQA) prior to City Council consideration of the Project; and, WHEREAS, the City of La Palma Notice of Public Hearing was published in the Wednesday, June 1, 2024, edition of the Orange County Register, sent to all owners of property within 300 feet of the proposed project, and posted at La Palma City Hall, La Palma Community Center, OC Public Library – La Palma Branch, and the subject property at least ten (10) days prior to the Public Hearing; and,
WHEREAS, on June 10, 2024, the City of La Palma Development and Circulation Committee conducted a duly noticed Public Hearing on Precise Plan 287 and Variance 2022-01, and considered testimony and evidence presented by the Applicant, the public, City staff, and other interested parties, at the hearing held with respect thereto.

NOW, THEREFORE, the Development and Circulation Committee of the City of La Palma resolves as follows:

SECTION 1. The forgoing recitals are incorporated herein and made a part hereof.

SECTION 2. The findings for Precise Plan 287, pursuant to Chapter 44 – Zoning, Article V – Division 3, Section 44-787 (Findings) of the La Palma Municipal Code, can be made supporting the project application as follows:
1) The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this chapter.
2) The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations. 3) The approval of the precise plan or an amendment to precise plan for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).
4) The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.
5) The subject site is physically suitable for the type and density/intensity of the use being proposed.
6) The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

The factual findings for which are attached as “EXHIBIT C” to this Resolution, and incorporated herein by this reference.

DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

SECTION 3. The findings for Variance 2022-01, pursuant to Chapter 44 – Zoning, Article V – Division 3, Section 44-1041 (Findings) of the La Palma Municipal Code, can be made supporting the project application as follows:
1) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.
2) Granting the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district. 3) Granting the variance would not authorize a use of activity that is not otherwise expressly authorized by the zoning district regulations governing the subject property.

SECTION 4. Based on the foregoing, the Development and Circulation Committee of the City of La Palma hereby recommends that the City Council approve Precise Plan 287 and Variance 2022-01, as depicted on the comprehensive architectural design package included as “EXHIBIT A” of this Resolution; subject to the Conditions of Approval, which are attached as “EXHIBIT B” to this Resolution, and incorporated herein by this reference; and, subject to the factual findings, which are attached as “EXHIBIT C” to this Resolution, and incorporated herein by this reference.

APPROVED AND ADOPTED by the Development and Circulation Committee of the City of La Palma at a regular meeting held on the 10th day of June, 2024. _______________________________
Rodi Almendralo
Chairperson
ATTEST:
_______________________________
Belinda Deines
Planning Manager
DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LA PALMA )
I, BELINDA DEINES, Planning Manager of the City of La Palma, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted by the Development and Circulation Committee of said City at a regular meeting of said Development and Circulation Committee held on the 10th day of June, 2024, and that it was so adopted by called vote as follows:

AYES: Almendralo, Alvarez, Lee, Quan
NOES: Jethvani, Luu, Sambrano
RECUSED:
_______________________________
Belinda Deines
Planning Manager
DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

Exhibit A Resolution No. 2024-02

EXHIBIT A

PROJECT PLANS FOR
PRECISE PLAN 287 AND VARIANCE 2022-01
8415 Meadowlark Lane, La Palma, CA 90623 (APNs: 263-233-01, -07) 75’ Freestanding Wireless Communications Tower
DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

Exhibit B Resolution No. 2024-02

EXHIBIT B

CONDITIONS OF APPROVAL FOR
PRECISE PLAN 287 AND VARIANCE 2022-01
8415 Meadowlark Lane, La Palma, CA 90623 (APNs: 263-233-01, -07) 75’ Freestanding Wireless Communications Tower
GENERAL:

1. This Precise Plan and Variance are solely for the construction, operation, and maintenance of a 75’ freestanding wireless communications tower (monopine) with associated equipment at the subject property, 8415 Meadowlark Lane.

2. In compliance with Chapter 44 -Zoning, Article IV – Division (Revocation and Modification), of the La Palma Municipal Code, this Precise Plan Permit may be revoked or modified at any time by a vote of the City Council, if any one of the following findings of fact can be made:
a) The use for which the approval was granted has been exercised so as to be detrimental to the public health or safety, and/or to constitute a nuisance. b) The approval of Precise Plan 287 was obtained by fraud. c) The use for which such approval is granted is not being exercised within the time specified.
d) The use for which approval was granted has ceased to exist or has been suspended for at least one year.
e) The permit as granted is being or recently has been exercised contrary to the terms and conditions of approval or in violation of a statute, ordinance, law, or regulation.

3. The proposed project is required to be constructed in substantial conformance with the comprehensive architectural design package provided as “EXHIBIT A” of this Resolution for Precise Plan 287 and Variance 2022-01; and, shall be inspected during construction by a qualified inspector for conformance with the California Building Code. The Applicant/Developer shall obtain a building permit from the City of La Palma Building and Safety Division and provide payment of permit fees prior to commencement of construction activity.

4. If at the time of application for building permit there is a project job account balance due to the City for recovery of planning review and entitlement fees, the outstanding balance shall be paid in full prior to building permit issuance.

5. The Applicant/Developer shall provide to the City a letter identifying a single point of contact for the management and operations of the communications tower (including:
name, phone number, fax number, and e-mail address) and a 24-hour phone number in case of emergencies.

DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

Exhibit B Resolution No. 2024-02

6. The Applicant/Developer shall be responsible for informing all subcontractors, consultants engineers, or other business entities providing services related to the Project of their responsibilities to comply with all pertinent requirements herein in the City of La Palma Municipal; Code, including the requirement that a Business License be obtained by all entities doing business in the City as well as noise limitations and hours of operation requirements within the City.

7. Minor and incidental changes in design, placement, materials and color of signage materials to the Project requested by the Applicant/Developer may be approved administratively through the Community Development Department’s Administrative Approval process. Details of any approved changes shall be provided on the working plans to the satisfaction of the Community Development Department prior to the issuance of permits.

8. Applicant/Developer shall indemnify, defend, and hold harmless the City of La Palma and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney’s fees, arising out of either the City’s approval of the Project or actions related to the Property or the acts, omissions, or operations of the Applicant/Developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the Applicant/Developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within ten (10) days of this approval, the Applicant/Developer shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City.

9. An Agreement to the Conditions of Approval shall be executed by the Applicant/Developer and filed with the Community Development Department of the City of La Palma, within fifteen (15) days of the City of La Palma City Council approval of Precise Plan 287 and Variance 2022-01. The Agreement to the Conditions of Approval shall run with the land and be binding in any subsequent owners, heirs or assigns.

10. The proposed entitlements shall expire and be of no further force or effect if the permit is not established within twelve (12) months of the permits’ effective date. Time extensions are subject to La Palma Municipal Code Section 44-580.

11. CONSTRUCTION:

12. The Applicant/Developer shall ensure that all construction contractors and subcontractor personnel are made aware of the required best management practices (BMP’s) and good housekeeping measures for the project site and any associated construction lay-down areas.

13. Pursuant to Water Quality regulations the discharge of any sediment and construction materials or wastes into a receiving water or storm drain shall be prohibited. Any drilling, DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

Exhibit B Resolution No. 2024-02

grading, and construction activity, shall incorporate Best Management Practices (BMPs) for managing and implementing urban runoff and storm water pollution control measures.

14. A copy of the accepted Conditions of Approval shall be placed on the final construction plans. Final construction plans shall be placed at the job site until final of Building Permit.

The Applicant/Developer and the Applicant/Developer's successors in interest shall be fully responsible for knowing and complying with all Conditions of Approval, including making known the Conditions to the City for future governmental permits or actions at 8415 Meadowlark Lane. These approved Conditions of Approval shall be incorporated on all sets of construction plans and be present at the site during construction.

15. All trash and refuse shall be disposed of in dumpsters pursuant to applicable City Municipal Code and removed from the premises on an as needed basis. At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. General Contractor shall sweep the Project site at the end of the day during construction activities.

16. All construction activities shall comply with date and time restrictions established in the Municipal Code. “Construction activities” shall only include those activities that generate any noise at the property line during site preparation and construction of the site. “Construction activity” also includes the transport, import, and export of debris and materials. Construction activity shall be limited to the following hours listed below:

Day Time
Monday-Friday 8:00am-5:00pm
Saturday 9:00am-5:00pm
Sunday & Holidays No construction permitted
Holidays are specifically defined herein as: Martin Luther King Jr. Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day, New Year’s Day, President’s Day, Memorial Day, July 4th, and Labor Day.

17. The Applicant or Applicant’s Agent shall be responsible for obtaining approval of all wide load and haul route permits from the Community Services Department for heavy equipment or building materials to necessary to complete the project.

MAINTENANCE AND OPERATIONS:

18. The lease area shall be secured at all times while authorized personnel are not physically present at the site. Barbed wire or razor ribbon shall be prohibited.

19. The Applicant/Developer shall provide signage with phone numbers of the utility provider for use in case of an emergency. The sign shall be posted at the communications equipment gate and/or block wall.

DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

Exhibit B Resolution No. 2024-02

20. The Applicant/Developer shall be responsible for regular maintenance and upkeep of the communications tower and associated equipment consistent with the adopted plans, drawings and photo simulations as conditioned, including but not limited to:
a) Re-finishing any painted and textured surfaces to retain the original color and condition for the duration of the life of this use;
b) Maintaining all improvements in good repair, free from trash, debris, litter, and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight;
c) Replacing any damaged element such as faux pine branches, block walls and fencing, removal of graffiti; and,
d) Ensuring all equipment complies with the City Code standards.

DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

Exhibit C Resolution No. 2024-02

EXHIBIT C
Precise Plan and Variance Findings of Approval
As required by Chapter 44 – Zoning, Article V – Division 3, Section 44-787 (Findings) of the La Palma Municipal Code, approval of Precise Plan 287 is based on the following findings:

1. Finding: The proposed use is allowed within the subject zoning district and complies with all applicable provisions of this chapter.

Facts in Support of Finding: Municipal Code permits a freestanding communication tower use in the Public/Institutional (PI) Zoning District. The Municipal Code requires any new development obtain approval of a Precise Plan (Section 44-138). A Conditional Use Permit (Section 44-848) is required to allow a freestanding communications tower as an accessory use. A Development Agreement is proposed related to the lease agreement for use of City property. The project shall be consistent with Chapter 44 Sections 398 through 401 of the Municipal Code. The proposed communication tower is designed to be compliant with the Municipal Code requirements, with the exception of the Variance request to encroach into the required minimum perimeter building/landscaping setback.

2. Finding: The proposed use would be consistent with the objectives, policies, general land uses, and programs of the general plan and any applicable specific plan and is in compliance with all City, State, and federal laws and regulations.

Facts in Support of Finding: The proposed communications tower is consistent with the following goals and policies of the General Plan: POLICY LU-1.3 / POLICY LU-3.3 / POLICY LU-3.4 / GOAL LU-4 / POLICY LU-4.3 / POLICY CB-4.7 / GOAL T-1 / GOAL T-2 / GOAL T-3 / GOAL T-6. The communications tower use is consistent with the objectives, policies, general land uses, and programs of the General Plan and any applicable specific plan and follows all City, State, and Federal Laws and Regulations. The proposed communications tower satisfies General Plan Policy CB-4.7 which reads “Encourage the location of revenue-generating uses and structures in appropriate locations.” As municipal revenue shortfalls may occur from time to time, it is important to develop innovative ways to increase contributions to our General Fund to maintain our highly valued City services.

Potential revenue sources include lease agreements for communication facilities.

3. Finding: The approval of the precise plan or an amendment to precise plan for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.).

Facts in Support of Finding: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt per Section 15303 of the CEQA Guidelines (Class 3 – New Structures) in that the project consists of construction and location of a new facility and equipment and meets the criteria for small structures in size and location and would not result in significant environmental impacts.

4. Finding: The location, size, design, and operating characteristics of the proposed use would be compatible with existing land uses within the general area in which the proposed use is to be located.

DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

Exhibit C Resolution No. 2024-02

Facts in Support of Finding: The proposed 75’ wireless communications tower is proposed adjacent to the City’s water tank, which is currently not screened with any landscaping along the southwest perimeter of the property. The proposed facility does not require permanent on-site personnel and vehicular and pedestrian traffic will be limited to occasional visits by personnel for repairs and service. Therefore, the proposed communications facility is compatible with existing public utilities and facilities on the subject property and immediately adjacent to the subject site.

5. Finding: The subject site is physically suitable for the type and density/intensity of the use being proposed.

Facts in Support of Finding: The proposed communications tower is a wireless facility that is necessary to meet a significant gap in service to the residents, businesses, visitors, and emergency services in La Palma. The Zoning Code allows a freestanding communications tower to be built up to a maximum height of 75’ and 70’ is the minimum height needed in order to fill the gap in coverage for this location. The proposed monopine is an accessory use and is comparable to existing mature trees in the surrounding neighborhood. Therefore, the subject site is physically suitable for the type of the use being proposed.

6. Finding: The proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

Facts in Support of Finding: The proposed project consists of a stealth design with the cellular equipment and antennas disguised and screened from public view within the faux pine branches of the monopine. The applicant proposes 6’ high solid block walls to screen the equipment shelter to blend with the existing architecture of the buildings and the surrounding community, thereby minimizing the visual impact of the proposed improvements. As such, the proposed project will have no adverse effect on abutting or adjacent properties and is compatible with those properties.

As required by Chapter 44 – Zoning, Article V – Division 3, Section 44-1041 (Findings) of the La Palma Municipal Code, approval of Variance 2022-01 is based on the following findings:

1. Finding: There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, or topography), so that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts.

Facts in Support of Finding: The Applicant’s radio-frequency engineers have identified a significant coverage gap in the area, which causes lack of service issues for La Palma customers. The proposed site was specifically selected because all other potential sites at commercial and institutional properties in La Palma and Cypress were found to be nonviable. The City of La Palma Public Works Maintenance Yard’s primary uses as a government office, storage yard, and water tank provide La Palma citizens with essential utilities and services. The proposed siting of the tower along the south property line would be the least impactful to existing operations and driveway access. The encroachment into the required minimum perimeter building/landscaping setback is mitigated by the proposed design as faux pine tree as the intent of the Zoning Code provision is to provide landscaping within the perimeter of 10’ from the property line. Therefore, granting of the DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604

Exhibit C Resolution No. 2024-02

variance to allow the adjustment in the development standard for perimeter setback would not constitute a grant of special privilege given the site’s unique shape as a flag lot, the surrounding limitations associated with the existing City Yard facility and public utilities, and practical difficulty of relocating other City resources to accommodate a necessary use.

2. Finding: Granting the variance would not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

Facts in Support of Finding: The City’s north water well property at 6800 Walker Street, also located in the PI Zoning District, maintains an existing freestanding communications tower that is not camouflaged as a monopine and also encroaches into the required perimeter setback. The placement of the communications tower other than the proposed location would not allow the Applicant to provide adequate wireless service for the surrounding area. The proposed project will eliminate the gap in wireless communication service to La Palma residents, businesses, and emergency services, which is an important element of the City’s infrastructure. Therefore, the granting of the variance is consistent with development patterns on other properties classified in the same zoning district.

3. Finding: Granting the variance would not authorize a use of activity that is not otherwise expressly authorized by the zoning district regulations governing the subject property.

Facts in Support of Finding: The subject site is located in the Public/Institutional Zoning District and is consistent with the intent and purpose to provide public and private utilities and facilities. The City’s General Plan Technology Element Goal T-6 specifically states to “accommodate the reasonable use of public rights-of-way for communications infrastructure while protecting the ability of the City to provide services in said rights-ofway.” The proposed variance for the communications tower to be sited in the ideal location that has the least impact to the City Yard is in keeping with the City’s regulations to establish balanced and fair policies that preserve the City’s ability to provide effective utility operations and infrastructure maintenance along with opportunities for the placement and maintenance of communications service.

DocuSign Envelope ID: A889873F-CC71-4746-92A4-554538A15604