La Palma City Council
March 4, 2025

City Yard Cell Tower Lease Agreement Resolution No. 2025-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
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:

City Yard Cell Tower Lease Agreement Resolution No. 2025-XX 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 4th day of March, 2025.
_______________________________
Mark Waldman
Mayor
ATTEST:
_______________________________
Kimberly Kenney, CMC
City Clerk

Site Number: CLL00939
Site Name: Moody
FA#: 12731323
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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”).

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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.

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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
2465/001784-0204
17761531.1 a07/24/24 Exhibit A
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

2465/001784-0204
17761531.1 a07/24/24 Exhibit B
Exhibit B
Leased Premises

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17761531.1 a07/24/24 -3-

2465/001784-0204
17761531.1 a07/24/24 Exhibit C
Exhibit C
Access and Utility Easement

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2465/001784-0204
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8441 Moody Street La Palma CA 90623
CLL00939
Moody
Accuracy of photo simulation based upon information provided by project applicant.

Proposed Looking northwest from Moody Street
View 1
Existing
proposed monopine
©2024 Google Maps

Accuracy of photo simulation based upon information provided by project applicant.

Proposed Looking west from Moody Street
View 2
Existing
proposed monopine
8441 Moody Street La Palma CA 90623
CLL00939
Moody
©2024 Google Maps

Accuracy of photo simulation based upon information provided by project applicant.

Proposed Looking southeast from Amberwood Avenue
View 3
Existing
proposed monopine
8441 Moody Street La Palma CA 90623
CLL00939
Moody
©2024 Google Maps

Accuracy of photo simulation based upon information provided by project applicant.

Proposed Looking east from Simone Way
View 4
Existing
proposed monopine
8441 Moody Street La Palma CA 90623
CLL00939
Moody
©2024 Google Maps

On Behalf of
AT&T Project Number:

CLL00939
Dear Neighbor, 2/12/2025
We wanted to update you on the changes made to the proposed AT&T tower at 8415 Meadowlark Lane, La Palma. Here’s a breakdown of the key changes.

Height Reduction & Design:

The tower height has been reduced by 10 feet, now standing at 65 feet, to better blend with the surrounding environment. We are also incorporating stealth features to match existing trees and poles, ensuring the tower integrates visually with the neighborhood.

Updated Photo Simulations:

New, more accurate photorealistic simulations have been created to reflect the changes and provide a clearer picture of the tower's appearance. Below are two pictures – one of the existing site and one with our proposed monopine design.

Network Engineer Feedback:

Our Network engineers have confirmed there is a significant gap in coverage in this area, especially indoors and in vehicles. This proposed project will close that gap. Ran engineers have also confirmed that reducing the tower height to 51 feet would not provide adequate coverage, which could lead to issues like dropped calls and poor service. Additionally, the nearby 30-foot water tank may cause signal "shadowing." The current antenna height helps mitigate this by ensuring less interference and better coverage.

If you have any questions or would like to discuss these updates further, please reach out. Thank you for your continued feedback. I look forward to hearing from you.

Sincerely,
Stacey Brown
Project Manager II
714-273-5261 / [email protected]

On Behalf of
Arbi Karamian
Real Estate Specialist
AT&T Project Number: CLL00939
2/3/2025
I hope this memo finds you well. I am writing to update you on the revisions made to the proposed AT&T tower project at 8415 Meadowlark Lane, La Palma, following valuable feedback from both the City of La Palma and local residents.

Key Revisions
• The height of the tower has been reduced by an additional 10 feet, now standing at 65 feet. This change helps maintain the aesthetics of the structure while ensuring it blends better with the surrounding environment.
• We have ordered new photorealistic simulations (photosims) to provide a more accurate visual of the updated design. These updated visuals reflect the changes made based on community feedback.

RF Engineer Feedback
Our RF engineers have explained why further reducing the tower height is not feasible. The current design, with a 51-foot antenna, offers insufficient coverage compared to our original plan. This height barely achieves the necessary coverage overlap to maintain uninterrupted service between neighboring cell sites. A further reduction would significantly limit coverage, leading to issues such as dropped calls and unreliable service, particularly indoors or in vehicles.

Additionally, the 30-foot water tank nearby could cause signal "shadowing," blocking coverage for users located closer to it. A higher antenna ensures less shadowing, which is critical for providing quality service.

Coverage Comparison
• At 51 feet, the tower covers 5,352 people (pops).
• At 30 feet, the coverage drops to 3,343 people (pops).

If you have any questions or would like to discuss these updates further, please feel free to reach out. Additionally, if there’s a chance to be added to the agenda for the next board meeting, please let me know.

We are reaching out to keep you informed and to offer an opportunity to ask any questions or express any concerns before the revised plans are presented to the La Palma City Council for approval. Should you have any questions or need further information, please feel free to contact me directly at 818-390-5474 or via email at [email protected].

Thank you for your attention and continued feedback. We look forward to hearing from you.

Sincerely,
Arbi Karamian
Real Estate Specialist II
818-390-5474
[email protected]

City Council Meeting
August 6, 2024

PUBLIC HEARINGS

19. 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)

1. Mayor Goodman opened the Public Hearing at 6:46p.m.

2. City Manager McNamara introduced the Item and Community Development Manager Deines gave the Staff Report

3. City Council Member Comments and Questions:

Discussion ensued regarding details of the vote results by the Development and Circulation Committee (DCC); that conditions were added for construction hours, environmental, and cell tower maintenance were added to address the concerns brought up at the meeting; that the applicant sent out their own notification to the residents regarding the matter.

4. Public Input:

Dale Oats, a La Palma resident, addressed the City Council regarding the height of this tower; his opposition to the health effects from radio frequency (RF) radiation exposure; that he's never had any issues with cell service in his home; and opposition to negative impacts on his property values as a result of the cell tower.

Florence Omolafe, a La Palma resident, addressed the City Council regarding her and the other resident's names being reflected on the DCC meeting minutes regarding this matter as attendees and speakers.

Roy Varughese, a La Palma resident, addressed the City Council regarding support for alternate solutions to cell service like the use of wi-fi versus a cell tower; his opposition to the health effects from RF radiation exposure and proximity of this tower to his residence; and asked the City Council to reconsider.

Nilesh Patel, a La Palma resident, addressed the City Council regarding his opposition to the proximity of this tower to his residence; opposition to the health effects from RF radiation exposure; and asked the City Council to reconsider.

Regina Calvente, a La Palma resident, addressed the City Council regarding her opposition to the health effects from RF radiation exposure; opposition to the potential decrease in property values; requested an

City Council Meeting
August 6, 2024

assessment on the impact to the neighborhood; and asked the City Council to reconsider after all additional data is gathered.

Eric Carlstrom, a La Palma resident, addressed the City Council regarding his opposition to the health effects from RF radiation exposure.

City Attorney Thind announced that when the City Council is making a land use decision, they have wide discretion; however, pursuant to the Federal Telecommunications Act that limits this discretion in that the City Council is not allowed to take into consideration radio frequency emissions, health effects of it, whether or not radio frequency emissions have an effect on property values, that federal law preempts the City from taking that into consideration when making a decision on these types of applications. He added that while he understands the residents here coming in good faith and relaying these concerns, unfortunately, that cannot be a consideration when the City Council decides on permitting this application.

Mayor Goodman thanked City Attorney Thind for the legal guidance and noted that federal law supersedes City Council decisions.

Council Member Patel asked for clarification that the Council can make decisions regarding the height and aesthetics of the cell tower. City Attorney Thind concurred.

Charles Navarro, a La Palma resident, addressed the City Council regarding his opposition to the health effects from RF radiation exposure; opposition to the potential decrease in property values; and asked the City Council to reconsider.

Sharon Davidloo, a La Palma resident, addressed the City Council regarding her employer being a cell service provider and can concur that RF Radiation is in fact, a health concern.

5. Mayor Goodman closed the Public Hearing at 7:23p.m.

Council discussion ensued regarding the maximum height allowable for residential homes; that homes cannot be more than two stories or taller than 30 feet in the Single Family Residential (R-1) zone; that the proposed tower is on Public Institutional zoned property that has different development standards; that residents will be able to see the tower from their backyards; that the original proposal included more antennas that what was presented tonight; that Staff recommended that the applicant extend the height to cover the antennas; that at other sites where there are cell towers close to La Palma, some are within 120 to 200 feet of the homes; that at the City's north water well, there are two cell towers and

City Council Meeting
August 6, 2024

neither of them are concealed; that studies were conducted by the applicant that showed this installation would improve cellular service to residents; that other sites would not allow the height requirement needed to achieve the applicant's service coverage objective; that Council Member Patel opposes the height and look of the proposed cell tower; that Council Member Patel supports having more time to review this proposal and more community engagement before making a decision; that the applicant is not present at this meeting; that Council Member Keo Conklin noted health concerns with cell phone use; her support for further community engagement; her support for alternate coverage by use of wife; that her main concern is the health factor, the health hazard to residents; that she opposes the height and look of the tower; her support to conduct more studies on this and have AT&T reach out to the neighborhood to conduct a survey; that this could impact home values; that the City Council appreciates the public input; that Mayor Pro Tem Waldman inquired about the current height being proposed resulting in the tallest structure in La Palma next to the buildings in Centerpointe; that it is not aesthetically pleasing; that Mayor Goodman noted there are cell towers all over the United States and that most are not concealed; that he reminded the public that the City Council appreciates the public comments, but Federal Law limits their decisions to esthetics; that not having the applicant present to answer these questions is a disservice; and the general consensus by the City Council to continue this matter until more research is done and the applicant can be present.

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
Council Member Patel made a motion to continue the item to a date uncertain; to re-notice it when it comes back to the City Council; ensure the applicant is available at that meeting; and be thorough with public outreach so that they're aware of when that meeting is.

The motion was seconded by Council Member Baker and carried on the following vote:

AYES: Council Member Baker, Council Member
Conklin, Mayor Goodman, Council Member
Patel, and Mayor Pro Tem Waldman
NOES: None

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,

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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:

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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

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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.

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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.

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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

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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:

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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.

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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.

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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

ANDING WIRELESS

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

MEADOWLARK LANE

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

EXHIBIT A
Attachment 1

WHEREAS, EXHIBIT B

WHEREAS

WHEREAS,
Event-News Enterprise,

WHEREAS

NOW, THEREFORE,
SECTION 1.

SECTION 2.

SECTION 3.

EXHIBIT C
SECTION 4.

SECTION 5.

SECTION 6.

EXHIBIT A

EXHIBIT B

EXHIBIT C
SECTION 7.

APPROVED AND ADOPTED

EXHIBIT A

PROJECT PLANS FOR
PRECISE PLAN 287 AND VARIANCE 2022-01

EXHIBIT B

CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT 389, PRECISE PLAN 287, AND VARIANCE 2022-01 GENERAL:

EXHIBIT A

CONSTRUCTION:

Day Time

MAINTENANCE AND OPERATIONS:

EXHIBIT C
Conditional Use Permit, Precise Plan and Variance Findings of Approval Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

T-1 VICINITY MAP GENERAL CONTRACTOR NOTES APPROVALS LEGAL DESCRIPTION GENERAL NOTES LOCAL MAP DO NOT SCALE DRAWINGS DRAWING INDEX DRIVING DIRECTIONS PROJECT TEAM CODE COMPLIANCE SITE INFORMATION PROJECT DESCRIPTION APPLICANT / LESSEE PROPERTY OWNER SITE NUMBER: CLL00939 - NSB SITE NAME: MOODY FA#: 12731323 USID#: 316955 8415 MEADOWLARK LANE LA PALMA, CA 90623 ORANGE COUNTY • • • • • •••• • • OUTDOOR EQUIPMENTS CLIENT REPRESENTATIVE ENGINEER CONSTRUCTION MANAGER ATT PROJECT MANAGER APPLICANT RF ENGINEER ZONING SITE ACQUISITION

FD-1 2 FIRE DEPARTMENT 3 NOTES 1 BATTERY SYSTEM ANALYSIS

GN-1 1 GENERAL NOTES & SPECIFICATIONS 2 ABBREVIATIONS & SYMBOLS

GS-1
0 2
3 w
2 0
1 0
2 2
3 w

A-1 1 SITE PLAN 10' 20' 40' SCALE: 1"=20'-0" WODAE M KRAL NL MALAGA DR LEGEND 2 ENLARGED SITE PLAN

A-2 4 ANTENNA AND RRU SCHEDULE (PENDING RFDS) 3 ANTENNA PLAN 3/8"=1'-0" SCALE: 1 LEASE AREA PLAN 3/8"=1'-0" SCALE: 2 EQUIPMENT ELEVATION 3/8"=1'-0" SCALE:

A-5 10 MW SPECIFICATIONS 9 RRUS SPECIFICATIONS 6 RRUS SPECIFICATIONS 7 RRUS SPECIFICATIONS ERICSSON 5 RRUS SPECIFICATIONS ERICSSON 8 RRUS SPECIFICATIONS 11 DC-09 (SQUID) SURGE SUPPRESSOR 1 ANTENNA SPECIFICATIONS 3 ANTENNA SPECIFICATIONS 4 ANTENNA SPECIFICATIONS 2 ANTENNA SPECIFICATIONS ERICSSO N ERICSSO N 12 DC-50 (OUTDOOR UNIT) SPECS

A-6 1 GENERATOR SPECIFICATIONS 2 GENERATOR SPECIFICATIONS

A-7 3 CIENA CABINET SPECIFICATIONS 7 METAL GATE DETAILS 2 EMERSON POWER CABINET SPECS 1 PURCELL CABINET SPECIFICATIONS 6 UTILITY CABINET MOUNT 5 CIENA CABINET MOUNT 4 H-FRAME DETAILS 10 STUB-UP DETAIL 11 COAX TRANSITION AT POLE 9 SERVICE LIGHT DETAIL 8 GPS ANTENNA

A-8 3 RRUS MOUNT 1 ANTENNA MOUNT 9 GRAVEL FILL DETAIL 4 RRUS MOUNTING BRACKET 6 RRU BRACKET @ PIPE 5 PIPE TO PIPE BRACKET 7 MW ANTENNA MOUNT 10 HAND HOLE DETAIL (TRAFFIC RATED) 2 ANTENNA MOUNT 8 WALL MOUNTED CABLE TRAY DETAIL 11 UTILITY TRENCH DETAILS 12 COAX CABLE TRENCH

S-1 4 CABINET ANCHORAGE 1 CMU WALL SECTION 2 CONCRETE PAD DETAILS 3 GENERATOR ANCHORAGE

E-1 1 ELECTRICAL SITE PLAN MOODY CREEK 10' 20' 40' SCALE: 1"=20'-0" 3 PANEL SCHEDULE 2 SINGLE LINE DIAGRAM AND NOTES

E-2 2 ANTENNA GROUNDING PLAN (TYPICAL PER SECTOR) 3/8"=1'-0" SCALE: 1 EQUIPMENT GROUNDING PLAN 3/8"=1'-0" SCALE: 3 GROUNDING NOTES KEY NOTES KEY NOTES

E-3 1 INSTL. OF GRND. CONDUCTOR TO GRND. BAR 23 45 INTERIOR TWO HOLE LUG ANTENNA GROUNDING BAR GROUND BAR CONNECTION OF CABLE GROUND KIT 67 GROUND ROD WITH ACCESS GROUND ROD 8 ELECTRICAL METER

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,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,
EXHIBIT "A"

WHEREAS,

WHEREAS,
Attachment 3

WHEREAS,

WHEREAS,

WHEREAS,

NOW, THEREFORE,
SECTION 1.

SECTION 2.

SECTION 3.

SECTION 4.

APPROVED AND ADOPTED

Site Number: CLL00939
Site Name: Moody
FA#: 12731323
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LEASE AGREEMENT
Lease
Effective Date THE CITY OF LA PALMA, a city of the State of California LESSOR 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 hereinaft

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 (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 ).

Attachment 4

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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 Effective Period

2.3 Initial Term. The initial term of this Lease shall be for five (5) years and shall 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 ollectively referred to
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.

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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 improvement 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. ng 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 or sublessees on the Property which (1) existed on the Property prior to the Effective Date of this Lease, and/or (2)
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 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 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 trans 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 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 . LESSEE shall maintain a policy of property
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, 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 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
use of the Premises permitted under this Lease and in accordance with the terms of this Lease shall not be deemed a nuisa
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 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 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 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 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 ating
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 - - 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 Taking LESSEE may use and/or construct
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 by LESSOR), provided that LESSEE reasonably approves the site as equally suitable for 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 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.

2465/001784-0204
17761531.1 a08/01/24 -17-
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
2465/001784-0204
17761531.1 a08/01/24 Exhibit A
Exhibit A
Property

LEGAL DESCRIPTION

2465/001784-0204
17761531.1 a08/01/24 Exhibit B
Exhibit B
Leased Premises

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

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

2465/001784-0204
17761531.1 a08/01/24 Exhibit C
Exhibit C
Access and Utility Easement

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

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

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

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

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

EXHIBIT A
Attachment 5

WHEREAS, EXHIBIT B

WHEREAS

WHEREAS,
Orange County Register,

WHEREAS

NOW, THEREFORE,
SECTION 1.

SECTION 2.

EXHIBIT C

SECTION 3.

SECTION 4.

EXHIBIT A

EXHIBIT B

EXHIBIT C

APPROVED AND ADOPTED

EXHIBIT A

PROJECT PLANS FOR
PRECISE PLAN 287 AND VARIANCE 2022-01

EXHIBIT B

CONDITIONS OF APPROVAL FOR
PRECISE PLAN 287 AND VARIANCE 2022-01
Wireless Communications Tower
GENERAL:

EXHIBIT A

CONSTRUCTION:

Day Time
MAINTENANCE AND OPERATIONS:

EXHIBIT C
Precise Plan and Variance Findings of Approval
Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

Finding:

Facts in Support of Finding:

©2022 Google Maps
Attachment 6

©2022 Google Maps

©2022 Google Maps

Agenda Item No. 10 March 4, 2025 | 1
City of La Palma
Agenda Item No. 10
MEETING DATE: March 4, 2025
TO: City Council
FROM: City Manager
SUBMITTED BY: Belinda Deines, Community Development Manager AGENDA TITLE: Conditional Use Permit 393 to Establish a Massage Establishment Use (Starlight Day Spa) Located at 7951 Valley View Street RECOMMENDED ACTION:

It is recommended that the City Council take the following actions:
a) Open Public Hearing
b) Receive Staff Report
c) Council Member Comments and Questions
d) Receive Public Input
e) Close Public Hearing
f) Adopt a Resolution denying Conditional Use Permit 394 and making findings of denial for the operations of a massage establishment use on property located at 7951 Valley View Street SUMMARY:

On August 15, 2024, Tom Scott (Applicant) applied for a Conditional Use Permit (CUP) to operate a massage establishment use at 7951 Valley View Street (APN 263-061-12). Pursuant to the La Palma Municipal Code, a massage establishment use in the Neighborhood Commercial (NC) Zoning District requires City Council approval of a CUP. On August 19, 2024, a Cease and Desist Order was issued to the Applicant for operating a massage establishment use without approval of a CUP. Staff recommends denial of the proposed application as outlined in the draft Resolution (Attachment 1).

BACKGROUND:

In 2014, Assembly Bill 1147, known as the Massage Therapy Act of 2014, took effect on January 1, 2015. The bill overhauled California’s existing massage therapy laws put into effect by the 2009

Agenda Item No. 10 March 4, 2025 | 2
Senate Bill 731, and returned a significant amount of land use control back to cities to regulate massage establishments. In response, the City’s 2015 Zoning Code Update included additional regulations for massage businesses. The City’s massage standards are found in the La Palma Municipal Code under Subdivision III. - Massage Facilities, Division 5: Nonresidential Supplemental Development Standards.

In 2018, the Community Development Department conducted a series of inspections of the massage establishments within the City of La Palma to determine compliance with Municipal code regulations.

The inspections were conducted by the City’s Business License/Code Enforcement Officer with support from the La Palma Police Department and the La Palma Building and Safety Division. Inspections revealed that there were a number of existing massage establishments that were noncompliant with the Municipal Code regulations. As a result, four (4) massage establishments were closed during that time, including a massage parlor, Diamond Spa, previously located at the subject site.

The subject site is located on the west side of Valley View Street between the Southern California Edison right-of-way and La Palma Avenue, and is designated NC Zoning District according to the City’s Zoning Map. The site is bordered by Casa La Palma Apartments to the north and residential homes to the west, a commercial center to the east, and Dollar Tree to the south. The subject property is a multi-tenant commercial center and the proposed use is located within a 1,200 square-foot commercial suite and approximately 1,000 linear feet west from Miller Elementary School.

Surrounding zoning and land uses are as follows:

On May 1, 2024, the Applicant was issued a Business License to operate a beauty salon without massage services. Prior to issuance of the Business License, it was made clear to the Applicant by City staff that a Conditional Use Permit is required for massage establishment use and the Applicant intended to submit a separate CUP application and refrain from any massage use. Starlight Day Spa began operating its business with waxing and beauty treatments.

Agenda Item No. 10 March 4, 2025 | 3
On August 15, 2024, the Applicant submitted its CUP application. Upon receipt of the CUP application and onsite inspection of existing business operations, City staff observed lighted signage advertising “massage” at the front desk, a posted menu of massage services in the entry area, and photographs of massages displayed on the walls. In response, the City’s Code Enforcement Officer was sent to the property to investigate and observed employees and patrons leaving the premises with haste out the back of the suite and left the business empty. La Palma Police Department officers were dispatched to the site for backup until another employee arrived and secured the empty business. City staff gave a verbal notification that massage services were not a permitted use. In addition, Community Development Department staff discovered that the business was also posting online advertising of massage services on its company website, discounted promotions of massages on Groupon.com, and suggestive advertisements on Craigslist.org. On August 19, 2024, a formal Cease and Desist Order (Attachment 3) was issued to the Applicant for unpermitted operations of a massage establishment use.

ANALYSIS:

The Applicant has submitted a business plan and proposed site/floor plan of Starlight Day Spa, provided as “EXHIBIT A” to Attachment 2. Starlight Day Spa has been in operation at the subject property since July 2024.

General Operations: According to the Applicant’s CUP application, the massage establishment will conduct all services entirely within the 1,200 square-foot commercial/retail space within the La Palma Collection. Weekly business operations for the massage facility will be conducted between the hours of 9:00 a.m. to 8:00 p.m., Monday through Sunday. The business is described as a beauty and massage establishment that will offer professional passage therapy and selected beauty services, including facials, waxing, skin treatments, nail care, massage, and complementary massage therapy. The business plan states that the establishment will primarily offer beauty services and, secondarily, massage therapy services.

Starlight Day Spa’s existing services include waxing, shaving, and facial treatments. The following massage services are proposed to be added: Swedish massage, sports massage, deep tissue, prenatal, and body scrub at varying session intervals from 30 to 90 minutes.

Floor Plan: Customers access the facility through the front door into a waiting room and reception desk. The massage rooms are located behind a closed door in a hallway. The floor plan includes a waiting room, a reception room, five (5) beauty care/massage rooms, a storage room, and a utility room with a washer/dryer and separate sink. The existing restroom is proposed to be remodeled to accommodate an ADA-compliant all-gender restroom and a separate shower facility designed for single-person use. The City’s Municipal Code requires that the facility comply with regulations related to adequate lighting for each room, interior doors cannot have any locking mechanisms, and the rear door will include a sign that is marked as “Employee Exit Only.” Each massage room will include a secure locker for patrons.

Below is the proposed floor plan layout:

Agenda Item No. 10 March 4, 2025 | 4
Inspection: In accordance with La Palma Municipal Code Chapter 44 Subdivision III. - Massage Facilities, all massage establishments operating within the City shall adhere to specific operational standards and prohibited conduct. These regulations provide the necessary structure for protecting the public health, safety, and general welfare of all citizens, businesses and property owners in the surrounding area that make up the La Palma Community. When these standards are not complied with, a business may impair the integrity and character of the Zoning District in which it is located, resulting in an adverse effect on abutting or adjacent businesses and properties in the surrounding area. Adverse impacts can have the most effect upon sensitive land use receptors such as La Palma’s residential neighborhoods, schools, and the licensed business community. Violation of these requirements may result in the potential revocation of any prior approvals and denial of pending approvals, resulting in the forced closure of a business determined to be operating in violation of these requirements, or in a manner that creates a nuisance and/or threat to the general health and welfare of the public.

Upon an inspection by the City’s Business License/Code Enforcement Officer with support from the La Palma Police Department and the La Palma Building and Safety Division, it was revealed that Starlight Day Spa is noncompliant with Municipal Code requirements. Section 44-230 (9) (Advertisements) states the following:
“No massage establishment owner, operator, manager, employee or independent contractor shall place, publish or distribute, or cause or allow to be placed, published or distributed, any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on the massage establishment's list of available services required under subsection (4).”
Online advertisements for the Starlight Day Spa were screen-captured and have been included within the Inspection Report provided as Attachment 2. The advertisements were found on social media platforms, the Starlight Day Spa website, and on known websites (i.e. Craigslist.org and rubmaps.com) are historically linked to perpetuating and facilitating the occurrences of prostitution and human sex trafficking. Massage services advertised in online ads were not permitted by the City of La Palma.

Furthermore, following an inspection by the City’s Business License/Code Enforcement Officer with support from the La Palma Police Department and the La Palma Building and Safety Division, it has been revealed that Starlight Day Spa is not adhering to the below identified Municipal Code requirements. Section 44-232 (g) (Prohibited Conduct) states the following:
“No massage establishment shall have installed or utilize any signaling devices of any type to alert

Agenda Item No. 10 March 4, 2025 | 5
employees and/or patrons to the presence of law enforcement or other persons charged with enforcement of the provisions of this Code and/or other applicable laws and regulations.” The Starlight Day Spa has installed cameras on the reception desk concealed in the faux flower decorations that lead into the main hallway of the massage establishment.

Findings for Denial: Massage establishments in the NC Zoning District require approval of a CUP.

The La Palma City Council is the decision body with review authority for the requested CUP. City staff prepared findings of denial in the Resolution (Attachment 1) for CUP 394.

Conflict of Interest (500 feet): None.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, staff has determined that adoption of the prepared Resolution is exempt from environmental review in accordance with Sections 15061(b)(4) and 15270(a) of the CEQA Guidelines, because CEQA does not apply to projects which a public agency rejects or disapproves.

NOTIFICATION:

Public hearing notices were sent via mailer to all property owners and tenants within 300 feet of the proposed Project, published in the February 19, 2025, edition of the local Event-News Enterprise newspaper, and posted at three locations: (1) on the Bulletin Board of the City Manager-City Clerk's Office, City Hall, 7822 Walker Street, La Palma, California 90623; (2) on the Bulletin Board at the La Palma Community Services Department, 7821 Walker Street, La Palma, California 90623; and (3) subject site. The City also increased awareness of this Public Hearing through the use of its digital technology capabilities that include the Notify Me alerts and the City Website.

CONCLUSION:

Staff recommends that the City Council deny approval of the CUP. Even in legitimate massage parlors that operate legally and provide valuable therapeutic services, there can be concerns about professional ethics and boundaries. The potential for illicit activities and other concerns necessitates careful regulation and oversight, especially given that City staff issued a Cease and Desist Order for unpermitted activity.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution for CUP Denial

2. Resolution for CUP Denial - Exhibit A

3. Cease and Desist Order

Conditional Use Permit 394 Resolution No. CC 2025-__

RESOLUTION NO. CC 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA

PALMA, CALIFORNIA DENYING CONDITIONAL USE PERMIT
394 A REQUEST BY THE APPLICANT, TOM SCOTT, OWNER
OF THE STARLIGHT DAY SPA, LOCATED AT 7951 VALLEY
VIEW STREET (APN 263-061-12) TO OPERATE A MASSAGE

ESTABLISHMENT IN THE NEIGHBORHOOD COMMERCIAL
(NC) ZONING DISTRICT
WHEREAS, the City of La Palma wishes to protect and preserve the quality of the nonresidential and residential areas of the City, as well as the quality of life throughout the City, through effective land use and planning; and,
WHEREAS, the subject property located at 7951 Valley View Street, La Palma, CA, 90623 (APN 263-061-12) and is in the Neighborhood Commercial (NC) Zoning District; and, WHEREAS, located in the NC Zoning District, a “massage establishment” use requires approval of a Conditional Use Permit; and,
WHEREAS, an application for Conditional Use Permit 394 was submitted on August 19, 2024 by the Applicant, Tom Scott, owner of the Starlight Day Spa to operate a massage establishment use within the floor plan provided as “EXHIBIT A” attached hereto; and, WHEREAS, Table IV-1 “Review Authority” in City Code Section 44-485 identifies the City Council as the approval authority for Conditional Use Permits; and, WHEREAS, in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, staff has determined that adoption of the prepared Resolution is exempt from environmental review in accordance with Sections 15061(b)(4) and 15270(a) of the CEQA Guidelines, because CEQA does not apply to projects which a public agency rejects or disapproves.; and,
WHEREAS, all owners of property within 300 feet of the proposed Project and current tenants in the medical office building on the subject property were notified prior to the Public Hearing, and notice of the hearing was published in the February 19, 2025, edition of the local Event-News Enterprise newspaper at least ten days prior to the Public Hearing; posted at City Hall, Central Park, La Palma Library, on the Project site and via the City’s digital technology; and, WHEREAS, on March 4, 2025, the City Council of the City of La Palma conducted a duly noticed Public Hearing on Conditional Use Permit 394, 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 foregoing recitals are incorporated herein and made a part hereof.

Conditional Use Permit 394 Resolution No. CC 2025-__

SECTION 2. Based on the evidence presented in the findings set forth, Conditional Use Permit 394 is hereby found to be inconsistent with the City of La Palma General Plan and Municipal Code and their implementation thereof.

SECTION 3. Based on substantial evidence presented to the La Palma City Council during the Public Hearing conducted with regard to the Application for Conditional Use Permit 394, including written staff reports, verbal testimony and public input, the La Palma City Council hereby specifically finds pursuant to La Palma Municipal Code (LPMC) Section 44-851 as follows:
1) The proposed massage establishment use will: (1) impair the integrity and character of the district, (2) does not comply with all applicable provisions of the Municipal Code. While massage uses may be conditionally permitted in the NC Zoning District with a CUP, the specific location and proposed operations raise concerns regarding the intent of the NC Zoning District, which is to provide localized commercial retail and service activities that are compatible with adjacent residential areas. The application contains false and misleading information in that the application describes the business as a beauty salon, however, the Applicant has posted on internet websites and social media platforms non-supported services advertising massage services using photographs of women without clothing. Furthermore, the facility is not in compliance with LPMC Section 44- 232(g), which states that “no massage establishment shall have installed or utilize any signaling devices of any type to alert employees and/or patrons to the presence of law enforcement or other persons charged with enforcement of the provisions of this Code and/or other applicable laws and regulations.” The property has installed cameras in the reception area and front desk that leads into the main hallway of the business, which is in violation of LPMC Section 44-232(g).

Therefore, the provided business plan does not adequately address the provisions of the Municipal Code.
2) The proposed massage establishment use is inconsistent with the goals, policies, general land uses, and programs of the General Plan, and any applicable specific plan and is not in compliance with all City, State, and federal laws and regulations.

The Starlight Day Spa was operating and advertising as a massage establishment without a use permit and is in violation of LPMC Section 44-230(9) Advertisements that states “no massage establishment owner, operator, manager, employee or independent contractor shall place, publish or distribute, or cause or allow to be placed, published or distributed, any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on the massage establishment’s list of available services required under subsection (4).” The proposed use conflicts with the La Palma General Plan GOAL LU-4 to facilitate a mix and diversity of land uses while remaining sensitive to La Palma’s small town character.
4) The denial of the Applicant’s Conditional Use Permit 394 for the proposed massage facility land use is in compliance with the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.). 5) The site is not suitable for the type and intensity of use in that the site’s proximity to sensitive receptors, given that the proposed use is located within 1,000 feet of Miller Elementary School and immediately adjacent to residential areas to the north

Conditional Use Permit 394 Resolution No. CC 2025-__

and west, which makes it unsuitable for a business that may generate secondary effects associated with massage parlors such as increased traffic, noise, and potential for illegal activities.
6) The proposed use will have adverse effect on abutting or adjacent properties and is not compatible with those properties. The inspection conducted by City staff, which resulted in employees and patrons fleeing from the business out the back of the suite, raises safety concerns of ongoing illicit activity, which will have a direct, adverse effect on abutting and adjacent properties, and is not compatible with residential homes immediately located behind the subject site. 7) The proposed use will be adverse to the public health, safety, or general welfare because the business has been found to be operating a massage use without an approved CUP and is in violation of the Municipal Code massage establishment regulations, which raises concerns regarding potential secondary effects and illicit activities associated with massage parlors, such as human trafficking and prostitution, attraction of criminal elements, and the perception of the neighborhood which can be negatively affected by the presence of such business.

SECTION 4. Based on the foregoing, the City Council of the City of La Palma hereby denies Conditional Use Permit 394 a request by the Applicant, Tom Scott, owner of Starlight Day Spa located at 7951 Valley View Street, La Palma, CA 90623 (APN 263-061-12) to operate a massage establishment.

SECTION 5. This Project denial shall become effective following the expiration of a fifteen (15) day appeal period without filing of an appeal application. The appeal period shall expire Wednesday, March 19, 2025 at 6:00 p.m.

APPROVED AND ADOPTED by the City Council of La Palma at a regular meeting on the 4 th day of March, 2025.
_______________________________
Mark Waldman
Mayor
ATTEST:
_______________________________
Kimberly Kenney
City Clerk

Conditional Use Permit 394 Resolution No. CC 2025-__

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 4th day of March, 2025, and that it was so adopted by called vote as follows:

AYES:

NOES:
_______________________________
Kimberly Kenney
City Clerk

Exhibit A Resolution No. CC 2025-__

EXHIBIT A
Starlight Day Spa
7951 Valley View Street, La Palma, CA, 90623
(APN 263-061-12)
[Behind This Page]

Starlight Day Spa Business Plan for Conditional Use Permit 394 Beauty and Massage Services Establishment Facility

1. Business Overview:

Name of Business: Starlight Day Spa
Location: 7951 Valley View Street La Palma Ca 90623
Business Type: Beauty and Massage Services
Hours of Operation: 9:00 AM – 8:00 PM, Monday through Sunday The beauty and massage establishment will oQer professional massage therapy and selected beauty services in compliance with state and local regulations. The primary services will include beauty services like facials, waxing, and skin treatments, nail care, massage and complementary massage therapy.

2. Licensing and Compliance:
• All massage therapists will hold valid certifications from the California Massage Therapy Council (CAMTC). Copies of these licenses will be provided upon resubmittal, along with the business’s operational licenses. • The business operator will secure all necessary permits, including a Conditional Use Permit from the City of La Palma and a business license as outlined in Subdivision III of the La Palma Municipal Code.
• Managers will ensure compliance with all licensing requirements and will act as day-to-day supervisors of operations.

3. StaQing and Operations:
• Number of Employees: Approximately 1 to 3 certified and licensed massage therapists and certified and licensed estheticians.
o NOTE: None are employed at this time, once we have attained the CUP from the City of La Palma we will begin the hiring process for a certified and licensed massage therapist.
• Manager(s): Michell M. Tran will manage day-to-day operations, ensure compliance with city regulations, and handle customer interactions and any issues that arise. • Employee Certifications: Copies of the CAMTC certifications and state licenses for all massage therapists will be provided, and all estheticians will hold appropriate state licenses.

4. Service Menu and Pricing:

Waxing & Shave

Eyebrows $20.00
Nose or Ears $20.00
Lips or Chin $20.00
Armpits $20.00
Chest & Tummy $50.00
Back & Shoulder $60.00
Half Arms $25.00
Full Arms $50.00
Half Legs $35.00
Full Legs $65.00
Brazilian $70.00
Full Bikini $60.00
Bikini Lines $35.00
Full Butt & Crack $50.00
Crack $20.00
Full Body Wax $250.00
Full Body Shave $220.00
Facial Treatment
Acne Facial $75.00
Age Management Facial. $85.00
European Hydrating Facial. $90.00
Vitamins C Facial. $80.00
Basic Back Facial. $55.00
Back Acne FaciaI $65.00
Massage Types Swedish Massage
30 minutes $45.00
45 minutes $55.00
75 minutes $85.00
90 minutes $100.00
Sports Massage
60 minutes $75.00
75 minutes $85.00
90 minutes $115.00
Deep Tissue
60 minutes $75.00

75 minutes $85.00
90 minutes $115.00
Pre-Natal Massage
60 minutes $85.00
75 minutes $105.00
90 minutes $125.00
Body Scrub
30 minutes sessions $50
45 minutes sessions $60
60 minutes sessions $70
Add on’s
Manicures $18.00 (No Colors)
Pedicure $25.00 (No Colors)
ParaQin $5.00
Hot Stone $10.00
Back M ask $10.00
Foot Herbs Soak Detox $35.00
Cupping Therapy $75 (sessions)
Facial Treatment
Basic Back Facial. $55.00
Basic Back Acne $65.00
Acne FaciaI $75.00
Age Management Facial. $85.00
Vitamins C Facial. $80.00
European Hydrating FaciaI $90.00

5. Services Provided:
• The establishment will primarily oQer beauty services (facials, waxing, skin treatments), secondarily massage therapy services in compliance with CAMTC regulations.
• The site plan includes private beauty treatment rooms as well as massage rooms.

Salon stations and treatment areas will be clearly identified in the revised floor plans.

6. Floor Plan and Facility Layout:

• Beauty and Skincare Areas: Separate rooms for beauty treatments like facials and waxing.
• beauty Treatments: Designated areas for hair-related services will be shown on the revised floor plan.
• Private Massage Rooms: Designated for massage services. • ADA Compliance: The establishment will comply with all ADA requirements, including accessible restrooms, showers, and entryways.

7. Facility Compliance with La Palma Municipal Code:
• Entrance/Exit: Customers will enter and exit through the front door, as required by Section 44-231. The rear door will be marked as "Employee Exit Only." • Lighting: Minimum lighting standards will be met per Section 44-278. Each room will have at least one 40-watt light that will remain on while occupied by patrons.

Bathing and Dressing Facilities:
• Adequate facilities will be provided, including a shower, toilet, sink, and separate dressing rooms for each patron. Lockers will be provided for patrons to secure their belongings. These facilities will be reflected in the floor plans. • Separate massage rooms and single use toilet facilities will be provided for male and female patrons, in compliance with Section 44-231 (8). • Washbasins for Employees: Each employee will have access to a washbasin with soap and running water, as required by Section 44-231 (12).

8. Code Compliance:
• Interior Door Mechanisms: No treatment room will have a locking mechanism, ensuring that doors can be accessed at all times, per Section 44-231 (13)(c). • Signage: All required signage will be installed, including exit signs and appropriate notices for employee exits.
• Fire Safety: The establishment will comply with Orange County Fire Authority standards and provide the necessary documentation and fee payment. • Plumbing and Mechanical Systems: Plans will be provided to demonstrate compliance with the latest building, plumbing, electrical, and mechanical codes.

9. Building and Fire Code Compliance:
• Revised floor plans will show room dimensions, exit signs, fire extinguishers, and ventilation systems.
• Plans for the laundry room (including venting systems for washers/dryers) and plumbing for washbasins and showers will be submitted.

• The lighting in all massage rooms will meet the code requirements, as per Section 44-231 (4) and 44-278.

10. Code Enforcement Response:

We acknowledge the Cease and Desist order dated August 15, 2024, for operating without proper approvals. All operations have been suspended until the Conditional Use Permit is granted.

11. Additional Requirements:
• A separate check for $418 will be submitted for Orange County Fire Authority review and approval.
• Any structural improvements or alterations will be designed in accordance with the latest building, plumbing, and electrical codes, as mandated by the City of La Palma.
---
This business plan outlines the key steps, and compliance measures we are implementing to ensure the successful operation of the massage establishment. All revisions and documentation will be provided in digital and physical formats as requested.

If you require any additional information or further clarification, please feel free to contact us.

Sincerely,
Thomas Scott
President
iGroup Development, Inc.
213-300-3873

NOTE: General - each space reserved for persons with disabilities shall be identified by a reflectorized sign permanently posted immediately adjacent to and visible from each stall or space, consisting of a profile view of the international Symbol of Accessibility in white on a dark blue background. such signs may also becentered on the wall at the interor end of the parking space 1, Signage is installed at each space.

2. Area of the sign(s) is not smaller than 70 square inches3. When posted in a path of travel, the bottom of the sign is 80" minimum from the parking space finished graded.

4. The sign is located where there is an obstructed view of the sign from the parking space.

5. Van accessible parking spaces have an additional sign or additional language stating "van accessible " mounted below the symbol of accessibility.

6. An additional sign or addition language below the symbol of accessibility shall state "minimum fine $250.00"

7. Stripes @ 36" O.C. 8. 6X648 CONC. WHEEL STOP 9. 12" hight letters min " no parking" painted in white AREA OF SIGN TO BE A MIN. OF 70 SQ. IN. PARKING ONLY MINIMUM FINE $ 250 VAN ACCESSIBLE 80" MIN. TO FREE STANDING 36" MIN. FOR WALL MOUNTED. TO TOP OF WALKING SURFACE. BLUE WHITE REFLECTORIZED SIGN CONSTRUCTED OF PORCELAIN STEEL WITH BEADED TEXT OR EQUAL SIGN TO BE CENTERED AT THE INTERIOR END OF PARKING SPACE 1/2 RADIUS NOTE: PARKING ONLY MINIMUM FINE $ 250 80" MIN ENTRANCE BLUE BACKGROUND WHITE SYMBOL WHITE BORDER WHITE LETTERING B.O. SIGN WALL MOUNTNG VARIES ABOVE FINISH GRADE 6" MIN. SHALL APROX. FS 15090 IN FEDERAL STANDARD 595C INTALL PER 2016 CBC SEC. 11B-703.5.6 GENERAL NOTES AND SPECIFICATION: 1. ALL WORKS SHALL COMPLY WITH ALL APPLICABLE CODES INCLUDING BUT NOT LIMITED TO THE 2021 LACBC LOCAL ZONING AND BUILDING CODE AND ALL REGULATIONS, REQUIREMENTS OF THE GOVERNMENT AGENCIES. 2. THE GENERAL CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND CONDITION AT THE JOB SITE AND SHALL BE FOR CONDITION OF ALL WORK AND MATERIAL, INCLUDING THOSE FURNISHED BY SUB-CONTRACTORS HE WILL I NOTIFY THE DESIGNER OR ENGINEER OF ANY DISCREPANCIES. 3. THE CONSTRUCTION) REMODEL, OR DEMOLITION OF A BUILDING SHALL COMPLY WITH FIRE CODE CFC. 4. ALL MATERIAL AND WORKMANSHIP SHALL BE PERFORMED IN ACCORDANCE WITH LOCAL STANDARD AND CBC REQUIREMENT. 5, THE CONTRACT DRAWING AND SPECIFICATION REPRESENT THE FINISHED STRUCTURE, UNLESS OTHERWISE SHOWN THEY DO NOT INDICATED THE METHOD OF CONSTRUCTION. THE CONTRACTOR, REMODEL SHALL PROVIDE MEASURES NECESSARY TO PROTECT THE STRUCTURE WORKERS AND OTHER PERSONS DURING DEMOLITION AND CONSTRUCTION, SUCH MEASURE SHALL INCLUDE BUT NOT LIMITED TO BRACING, SHORING, SCAFFOLDING, PLANTING, ETC. CONTRACTOR AT HIS OWN EXPENSE SHALL ENGAGE PROPERLY QUALIFIED PERSONS TO PRECAUTIONARY MEASURES SHALL BE USE AND IN SAME AT JOB SITE OBSERVATION VISITS TO THE SITE BY THE DESIGNER OR ENGINEER SHALL NOT INCLUDE INSPECTION OF THE ABOVE ITEMS. 6. WHERE NO CONSTRUCTION DETAILS ARE SHOWN OR NOTED FOR ANY PART OF THE WORK) THE DETAILS SHALL BE THE SAME FOR OTHER SIMILAR WORK, 7, NOTES AND DETAILS ON THE DRAWINGS SHALL TAKE PRECEDENCE OVER THE GENERAL NOTES AND DETAIL OF THIS SHEET 8. UNLESS SPECIFICALLY SHOWN OR NOTED ON THE DRAWING, NO STRUCTURAL MEMBER SHALL BE CUT, NOTCHED, BORED, OR OTHERWISE WEAKENED WITHOUT THE PERMISSION OF THE STRUCTURAL ENGINEER, 9. INSTALL WEATHER STRIPPING COMPLETELY AROUND EXTERIOR SWINGING DOOR AND WINDOW IF APPLICABLE. 10. ALL EXITS SHALL BE OPERABLE FROM INSIDE EGRESS SIDE WITHOUT USE OF KEY OR SPECIAL KNOWLEDGE 2021LACBC 11. MANUFACTURED WINDOWS AND DOOR UNITS WILL BE LABELED AS MEETING A.M.S.I. STANDARDS FOR AIR INFILTRATION, 12. AISLES SHALL BE 44" MIN. TO REQUIRED EXITS. 13. EXIT CORRIDORS SHALL BE 1 HOUR RATED, 14. ALL GLASS SHALL COMPLY WITH THE REQUIREMENTS OF THE 2021 LACBC SUSPENDED CEILING FRAMING SYSTEMS ARE TO BE DESIGNED FOR LATERAL FORCES IN ACCORDANCE WITH THE C.B.C 2021 LACBC 15. EXIT SIGNS MUST BE INTERNALLY ILLUMINATED (2021 LACBC THE WORD 'EXIT' SHALL BE INTERNALLY ILLUMINATED THE WORD 'EXIT' SHALL BE LETTERED IN GREEN OR WHITE OR OPAQUE BACKGROUND. 16. PROVIDE TWO SEPARATE CIRCUITS FOR EXIT SIGNS CONFORMING TO CODE REQUIREMENTS EXIT SIGN POWER SOURCE PER 2021 LACBC. 17. INSULATE DRAINS AND HOT WATER LINES IN RESTROOM LAVATORY & SINK. THERE SHALL BE NO SHARP OR ABRASIVE SURFACES BELOW LAVATORIES AND SINK CBC 2021;ACBC FLAMMABLE OR HAZARDOUS MATERIALS SHALL NOT BE STORED IN EXCESS OF QUANTITIES LISTED IN C,B.C. OR JUSTIFY PER CODE, ACTUAL VS. ALLOWABLE, 18. LIGHTING FIXTURES SHALL BE SUPPORTED BY A MIN. OF NO-12 GAUGE HANGERS ATTACHED TO THE GRID MEMBERS WITHIN 3 INCHES OF EACH CORNER ALSO MINIMUM TO TWO WIRES ATTACHED TO THE LIGHT FIXTURES, 19. PROVIDE 12' INCH HIGH ADDRESS POSTING VISIBLE FROM THE STREET. 20. THIS PERMIT DOES NOT INCLUDE ANY HIGH PILE STORAGE (PER CFC) OR RACK STORAGE OVER 8 FEET HIGH. ANY SUCH PROPOSED STORAGE WILL REQUIRE PLANS SUBMITTED FOR REVIEW AND APPROVAL AND ISSUANCE OF PERMITS. 23. CITY INSPECTOR TO VERIFY EXISTING FACILITIES ARE PROVIDED TO ACCESS AREA COVERED UNDER THIS APPROVED PLAN. 24. THE INSPECTOR MAY REQUIRE ADDITIONAL EXIT SIGNS AT THE TIME OF FINAL INSPECTION. DISABLE AND DOOR NOTES: 1. HAND ACTIVATED DOOR OPENING HARDWARE SHALL BE CENTERED BETWEEN 34 INCHES AND 44 INCHES ABOVE THE FLOOR LATCHING AND LOCKING DOORS THAT ARE HAND ACTIVATED AND WHICH ARE IN THE PATH OF TRAVEL SHELL BE OPERABLE WITH A SINGLE EFFORT BE LEVER TYPE HARDWARE, BY PANIC BARS, PUSH-PULL ACTIVATING BARS, OR OTHER HARDWARE DESIGNED TO PROVIDE ACCESS WITHOUT REQUIRING THE ABILITY TO GRASP THE OPENING HARDWARE LOCKED EXIT DOORS SHALL OPERATE AS ABOVE IN EGRESS DIRECTION. SEE 2. ALL PRIMARY ENTRANCES TO BLDG, SHALL BE MADE ACCESSIBLE TO THE PHYSICALLY DISABLED. 3. MAXIMUM EFFORT TO OPERATE DOOR SHALL NOT EXCEED 5.0 POUNDS FOR INTERIOR DOORS,AND 5 POUNDS FOR EXTERIOR DOOR, SUCH PULL OR PUSH EFFORT BEING APPLIED AT RIGHT ANGLES TO HINGED DOOR AND AT THE CENTER PLANE OF SLIDING OR FOLDING DOOR. COMPENSATING DEVICES OR AUTOMATIC DOOR OPERATORS MAY BE UTILIZED TO MEET THE ABOVE STANDARDS. WHEN FIRE DOORS ARE REQUIRED, THE MAXIMUM EFFORT TO OPERATE THE DOOR MAY BE INCREASED TO THE MINIMUM ALLOWABLE BY THE APPROPRIATE ADMINISTRATIVE AUTHORITY, NOT TO EXCEED 15 LB. 4. EXIT DOORS SHALL SWING IN THE DIRECTION OF EXIT TRAVEL WHEN SERVING MORE THAN 50 PERSONS. 5, PROVIDE SELF-CLOSING DEVICE 5.0 POUNDS MAXIMUM AT INTERIOR DOORS, 5.0 POUNDS MAXIMUM AT EXTERIOR DOOR, 5 POUNDS MAXIMUM AT FIRE RATED EXIT DOORS. 6. WIDTH AND HEIGHTS EVERY REQUIRED EXIT DOORWAY SHALL BE OF A SIZE PERMITTING THE INSTALLATION OF A DOOR NOT LESS THAN 3 FEET IN WIDTH AND NOT LESS THAN 6 FEET AND 8 INCHES IN HEIGHT. WHEN INSTALLED IN EXIT DOORWAYS, EXIT DOOR SHALL BE CAPABLE OR OPENING AT LEAST 90 DEGREES AND SHALL BE SO MOUNTED THAT THE CLEAR WIDTH SHALL BE MEASURED WITH THE DOOR POSITIONED AT AN ANGLE OF 90 DEGREES FROM ITS CLOSED POSITION AT LEAST ONE OF A PAIR OF DOORS SHALL MEET THIS OPENING WIDTH REQUIREMENT, REVOLVING DOORS SHALL NOT BE USED REQUIRED ENTRANCE FOR THE DISABLE. 7. THE BOTTOM OF 10" OF ALL DOOR (EXCEPT SLIDING AND AUTOMATIC) SHALL HAVE A SMOOTH UNINTERRUPTED SURFACE. SPECIAL LOCKING DEVICES SHALL BE OF AN APPROVED TYPE COVER UNDER TITLE 19. 8. ALL DOORS SHALL HAVE 1/2 DOME DOOR STOPS TO BE FLOOR MOUNTED. USE WALL MOUNTED STOPS IF FLOORING IS GYPCRETE. 9. THRESHOLD AT DOOR WAY SHALL NOT EXCEED 1/2" IN HEIGHT ABOVE THE FINISHED FLOOR OR LANDING. RAISED THRESHOLDS & FLOOR LEVEL CHANGES GREATER THAN 1 4" AT DOOR WAY SHALL BE BEVELED WITH A SLOPE NOT GREATER ONE UNIT VERTICAL IN TWO UNITS HORIZONTAL (50 PERCENT SLOPE) 2018 LACBC 10. THERE SHALL BE A CLEAR AREA ON EACH SIDE OF DOOR, 60 INCHES DEEP IN DIRECTION OF DOOR SWING AND 44' DEEP IN DIRECTION OPPOSITE OF DOOR SWING. MANEUVERING CLEARANCES AT DOORS PER 2021 LACBC ALL DOOR REQUIRING HANDICAP ACCESSIBILITY SHALL HAVE THE WIDTH OF THE LEVEL AREA ON THE SIDE TO WHICH, THE DOOR SWINGS EXTEND 24 INCHES PAST THE STRIKE EDGE OF THE DOOR FOR EXTERIOR DOORS AND 18 INCHES PAST THE STRIKE EDGE FOR INTERIOR DOORS. MANEUVERING CLEARANCE AT DOOR PER 2021 LACBC WALKS AND SIDE WALKS SHALL HAVE A CONTINUOUS COMMON SURFACE NOT INTERRUPTED BY STEPS OR BY ABRUPT CHANGED IN LEVEL EXCEEDING 1 2" INCH THE DIRECTION OF TRAFFIC FLOW. 11. THE SLOPE IN THE DIRECTION OF TRAVEL OF ANY WALK SHALL COMPLY WITH THE PROVISIONS FOR PEDESTRIANS RAMPS. 12. THE TENANT SPACE PRIMARY ENTRANCES, AND THE PATH OF TRAVEL FROM THE ENTRANCE TO THE TENANT SPACE, AND THE SANITARY FACILITIES, DRINKING FOUNTAINS AND PUBLIC TELEPHONES SERVING THE TENANT SPACE SHALL BE ACCESSIBLE TO THE PHYSICALLY DISABLED. PROVIDE A 6-INCH BY 6-INCH SYMBOL OF ACCESSIBILITY AT ALL PRIMARY BUILDING ENTRANCES, 2021 LACBC FIRE DEPARTMENT NOTES : 1. ALL REQUIRED PERMITS MUST BE OBTAINED FROM THE FIRE DEPARTMENT BEFORE BUILDING IS OCCUPIED. 2. PLANS FOR ALL FIXED FIRE PROTECTION EQUIPMENT SUCH AS SPRINKLER SYSTEMS, FIRE ALARMS, ETC. SHALL BE SUBMITTED TO AND APPROVE BY THE FIRE DEPARTMENT BEFORE THIS EQUIPMENT'S IS INSTALLED OR ANY ALTERNATING IF APPLICABLE. 3. PROVIDE AND INSTALL ONE 2A 1OBC FIRE EXTINGUISHER TO BE LOCATED WITHIN 75 FEET OF TRAVEL DISTANCE FROM ALL AREA IF APPLICABLE. PROVIDE 2 EXTINGUISHERS. 4. PROVIDE A SIGN ON OR NEAR THE EXIT DOOR READING 'THIS DOOR TO REMAIN UNLOCK WHEN BUILDING IS OCCUPIED' SIGN, USE LETTERS 1" HIGH ON A CONTRASTING BACKGROUND AT THE MAIN EXIT. SEE PLANS FOR LOCATION OF EXIT SIGN. CBC 2018 IBC 5. EXIT' SIGN SHALL BE IN BLOCK LETTERS. A MIN. OF 6' HIGH, LAMINATE ON FACE OF SIGN. 6. EXIT SIGN SHALL BE IN A ACCORDANCE WITH 2021 LACBC MUST SHOW ON PLAN 7. DOORS OPENING INTO A 1-HOUR FIRE RATED CORRIDOR SHALL BE PROTECTED WITH A TIGHT FITTING SMOKE OR DRAFT SEALS AT HEAD AND JAMBS, DOOR ASSEMBLY RATING SHALL BE AS INDICATED OF DOOR FINISH SCHEDULE HOLE OPEN DEVICES ON RATED ASSEMBLY SHALL BE MAGNETICALLY OPERATED AND ACTIVATED BY SMOKE DETECTORS. 8. EXIT HARDWARE CAN OPEN INSIDE WITHOUT KEY, UNLOCK DOOR OR PANIC DEVICE 9. BUILDING NUMBER AND ADDRESS MUST BE VISIBLE AND READABLE FROM STREET OR ROAD FRONTING THE PROPERTY, 10. THE CONSTRUCTION, REMODEL, OR DEMOLITION OF A BLDG. SHALL COMPLY WITH THE 2018 IBC. ALL DECORATIVE MATERIALS AND INTERIOR FINISH ARE REQUIRED TO BE MAINTAINED IN FLAME-RETARDANT CONDITIONS MAXIMUM FLAME SPREAD = 200, MAXIMUM SMOKE DENSITY = 450 AND SHALL BE COMPLY WITH NFPA, FIRE DEPART. FINAL INSPECT. REQUIRED, SCHEDULE ALL INSPECTION 24HRS, IN ADVANCE. 11. THE FOLLOWING SUBMITTALS ARE DEFERRED AND MUST BE SUBMITTED SEPARATELY (A) FIRE SPRINKLER SYSTEM (B) FIRE ALARM SYSTEM IF APPLICABLE 12. ALL WORK WILL BE IN ACCORDANCE WITH THE CURRENT FIRE CODẸ A TENANT IMPROVEMENT PROJECT FOR: A-1 GENERAL NOTES, PROJECT DATA AND KEY NOTES A-1.1 SITE PLAN ENLARGE A-2 PROPOSED FLOOR & CEILING PL OVER ALL SITE PLAN PROJECT INFORMATION & BUILDING CODE DATA STARLIGHT DAY SPA STORE OWNER NAME: THOMAS SCOTT PHONE: (213)300-3873 EMAIL: [email protected] LANDLORD PROPERTY MANAGER CONTACT: Caron Wilson TEL (714-974-1010 Ext: 222) E-MAIL: [email protected] AREA OF TENANT IMPROVEMENT = 1,200 SF APN #263-241-48
ZONE:

N-C (NEIGHBORHOOD COMMERCIAL) OCCUPANCY GROUP = B - NUMBER OF STORIES = ONE STORY MAX. OCCUPANT LOAD = 14 PEOPLE CONSTRUCTION TYPE = V-B, (E) BUILDING HAS NO SPRINKLER THESE PLANS WILL COMPLY WITH THE 2022 CBC, 2022 CPC, 2022 CMC, 2022 CFC, 2022 CEC, AND ALL STATE & LOCAL AMENDMENTS AND ORDINANCES 7951 VALLEY VIEW ST., LA PALMA, CA 90623 DRAWING PREPARED BY: PROJECT ENGINEER PE13252 CENTURY BLVD, # N-1 GARDEN GROVE, CA 92843 (714) 829-5053 VICINITY MAPS - NTS SHEET INDEX SCOPE OF WORK (E) DISABLE ACCESS SYMBOL 5 (E) RAM ACCESSIBLE LAYOUT
4 (E) PARKING SIGN
3 3'-0" MIN
3'-0" IMN BLUE BACKGROUND WHITE BORDER WHITE SYMBOL
1:12
SLOPE FLARED SIDES 1:10 MAX. SLOPE FLARED SIDES 1:10 MAX. SLOPE 1:48
3'-0"
MIN.

SLOPE12"
48" MIN. AT LEAST AS WIDE AS CURB RAMP 12" DETACHABLE WARNING SIGN 4' 6" MIN. PARKING ONLY 1'-6" 1'-0"
1 2"
3" BLUE BACKGROUND POST MOUNTING: MIN. 6'-8" ABOVE FINISH GRADE WALL MOUNTING: 3'-0" MIN. ABOVE FINISH GRADE B.O. SIGN WHITE SYMBOL WHITE BORDER WHITE LETTERING3" 1 TEL: (714
) 735-9494 T-24 ENERGY PERFECT DESIGN PERFECT DESIGN 13252 CENTURY BLVD SUITE N-1 GARDEN GROVE, CA 92843 (714) 499-4789 ARCHITECTURE/DESIGNER RONY TIEN LUONG 13252 CENTURY BLVD, SUITE #N-1 GARDEN GROVE, CA 92843 TEL. (714) 499-4798 2- BUILD NEW PARTITION WALLS FOR NEW ADA SHOWER AND REMODEL REST ROOMS TO ADA 3- CONVERT (E) SHOWER TO ADA SHOWER 4- DEMO (E) WALLS (SEE A-2 DEMOLITION WALL) AT REST ROOM TO ENLARGE 1- (E) DAY SPA ADD MASSAGE SERVICE 5- PROVIDE INTERIOR FINISH FOR FLOOR, WALLS PAINING TOWARD FRONT SALON Revision Date 1 T.I TENANT IMPROVEMENT FOR

STARLIGHT DAY SPA
7951 VALLEY VIEW STREET
LA PALMA, CA 90623 RONY LUONG RLAS NOTED DEC -8-23 934 1/2 2023 2 3
45 ABC DESIGN DEVELOPMENT GROUP 12550 BROOKHRUST ST. # F GARDEN GROVE, CA 92840 ABC DESIGN DEVELOPMENT GROUP HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGE IN ANY FORM OR MANNER WHATSOEVER NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF ABC DESIGN DEVELOPMENT GROUP REV - 1 DEC-8-23 REV-2 DEC-23-23 REV-3 JAN-9-24 REV - 5 3-14 -17 REV-4 FEB-5-24 A-1

PROPOSED FLOOR PLAN SCALE : 1/4" = 1'-0" SCALE : 1/4" = 1'-0" CEILING PLAN SCALE : N.T.S. LIGHT FIXTURE LEGEND SYMBOL DESCRIPTION (E) EXIT SIGN W/ EMERGENCY AND 90 MIN. BATTERY (E) 1X4 LED FLATE PANEL 4000 LUMENS FLUORESCENT TROFFER (E) EMERG. W/90 MIN. BATTERY EXIT 1234567891011121314WALL LEGEND: (E) WALL TO REMAIN (N) NON BEARING PARTITION 8'-0" HIGH WALL (N) NON BEARING PARTITION WALL FULL HEIGHT TO ROOF KEY NOTE: RAFTER 151617 14' 10'-3" 10' 10' 9'-10" 3'-8" 10'-3"
8'-11"
7'-1"
8'-2" 15'-9" 16' 6' 7'-6" W D
20'-6"
3'-9"
(E) PANEL SINK SHOWER (E) (E) (E) (E) (E) RECEPTION RM (E) WAITING RM. (E)RECEPTION
DESK
(E) STORAGE RM (E) UTILITY RM ADA ALL GENDER REST RM (E) BEAUTY CARE RM. 1 HALL WAY (E) BEAUTY CARE/Massage RM. 2
(E) BEAUTY
CARE/Massage
RM. 3
(E) BEAUTY
CARE/Massage
RM. 4
(E) BEAUTY
CARE/Massage
RM. 5 HALL WAY
7'-1" 14' 10'-3" 10' 10' 9'-10" 3'-8"
10'-3" 8'-11"
7'-1" 8' 15'-9" 16' 6' 15' 4'-10" W D 60'
20'-6"
3'-9" (E) PANEL SINK SHOWER (E) (E) (E) (E) (E) RECEPTION RM (E) WAITING RM. (E)RECEPTION
DESK
(E) STORAGE RM (E) UTILITY RM (E) REST RM
(E) BEAUTY CARE RM. 1 HALL WAY (E) BEAUTY CARE RM. 2 (E) BEAUTY CARE RM. 3 (E) BEAUTY CARE RM. 4 (E) BEAUTY CARE RM. 5 HALL WAY 7'-1" 5' R2'-6" 7'-1"
2'-6"
R2'-6"
R2'-6" R2'-6" R2'-6" R2'-6"
R2'-6"
3'-11"
(E) FLOOR PLAN
(N) FLOOR PLAN 60'
8'-2"
(N) FLOOR PLAN
(E) 40W 2X4 LED
(E) 2X4 LED
(E) 2X4 LED
(E) 2X4 LED (E) 2X4 LED (E) 2X4 LED
(E) 2X4 LED
(E) 2X4 LED (E) 2X4 LED (E) 2X4 LED
(E) 2X4 LED
EXIT
EXIT EXIT (E) (E) 1X4 LED
(E) EXH. FAN
(E)
(E)
(E)
(E)
(E) EXH. FAN (E) (E) (E) (E) (E) (E)
(E)
(E)
(E) (E)
(E) (E)
(E)
(E) 2X4 LED LIGHT LEGEND (E) FLOOR AREA (N) SHOWER & ADA REST RM. AREA WALL LEGEND(E) WALL TO REMAIN (N) WALL TO BE BUILDED (E) WALL TO BE REMOVED EXIT

EXIT EXIT (E) (E)
(E)
(E) EXISTING FLOOR PLAN SCALE : 1/4" = 1'-0" 2A-3 (E)WALL TO BE REMOVED (E) 40W 2X4 LED (E) 40W 2X4 LED (E) 40W 2X4 LED (E) 40W 2X4 LED Revision Date 1 T.I TENANT IMPROVEMENT FOR

ZEN WELLNESS THERAPY
934 1/2 N. EUCLID ST
ANAHEIM, CA 92801 RONY LUONG RLAS NOTED DEC -8-23 934 1/2 2023 2345 ABC DESIGN DEVELOPMENT GROUP 12550 BROOKHRUST ST. # F GARDEN GROVE, CA 92840 ABC DESIGN DEVELOPMENT GROUP HEREBY EXPRESSLY RESERVES ITS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS IN THESE PLANS. THESE PLANS ARE NOT TO BE COPIED, REPRODUCED OR CHANGE IN ANY FORM OR MANNER WHATSOEVER NOR ARE THEY TO BE ASSIGNED TO ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION AND CONSENT OF ABC DESIGN DEVELOPMENT GROUP REV - 1 DEC-8-23 REV-2 DEC-23-23 REV-3 JAN-9-24 REV - 5 3-14 -17 REV-4 FEB-5-24 A-2 (E) Staff Break RoomRM (E) Wellness Consultation RM Employee Only Exit 18 18 18 18 1. GLASS STORE FRONT TO REMAIN/POSTED HOURS: 10AM TO 8PM M-SUN 2. SECTION 44-231 MAIN ENTRANCE SIGN: MASSAGE ESTABLISHMENT 3. TACTILE SIGN/H.C. SIGN 6" X 6" INTERNATIONAL SYMBOL OF ACCESSIBILITY 4. (E) ELECTRICAL PANEL 250 AMPS 5. WAITING TABLE & CHAIRS PRE-FABRICATED 6. "VISIBLE SIGN " THIS DOOR TO R EMAIN UNLOCKED WHEN BUILDING IS OCCUPIED 7. EMPLOYEE LOCKER 8. RECEPTION COUNTER 34" H. MAX 36" W X 30" DEEP 9. FIRE EXTINGUISHER COMMERCIAL 2A-10BC 10. ILLUMINATED EXIT SIGN W/ 90 MIN. BATTERY BACK-UP, BY "NORA LIGHTING", MODEL: NX-603-LED 11. WASHER/DRYER STACK 12. WALL-HUNG SINK AT 32" A.F.F./WASHBASION FOR EMPLOYEES SECTION 44-231 (12) 13. WC. 1.28 GAL COMMERCIAL ADA 14. 30 GAL ELECT. WATER HEATER . 4500 W 15. GRAB BAR SIZE : H:8-1/4" D:1-5/8" L:11-3/8" OR EQUAL HANDICAPPED GRAB BAR, SEE DETAIL 5/A5 16. FLOOR DRAIN 17. MASSAGE BED PRE-FABRICATED 18. SECURE LOCKERS FOR PATRONS Each room will have at least one 40-watt light that will remain on while occupied by patrons. The lighting in all massage rooms will meet the code requirements, as per Section 44-231 (4) and 44-278. Interior Door Mechanisms: No treatment room will have a locking mechanism, ensuring that doors can be accessed at all times, per Section 44-231 (13)(c). Entrance/Exit: Customers will enter and exit through the front door, as required by Section 44-231. The rear door will be marked as "Employee Exit Only."

Agenda Item No. 11 March 4, 2025 | 1
City of La Palma
Agenda Item No. 11
MEETING DATE: March 4, 2025
TO: City Council
FROM: City Manager
SUBMITTED BY: Ryan Hallett, Assistant City Manager
Mike Matsumoto, Financial Consultant
AGENDA TITLE: Mid-Year Budget Update and Adjustments and Resolution amending the Fiscal Year 2024-25 Budget
RECOMMENDED ACTION:

It is recommended that the City Council receive and file the Mid-Year Budget report and adopt a Resolution amending the Fiscal Year 2024-25 Budget.

BACKGROUND:

At the June 4, 2024, City Council meeting, the City Council approved the Fiscal Year 2024-25 budget.

During the year, staff has monitored the economy, and certain budget adjustments are suggested.

DISCUSSION:

The Economy and La Palma’s Economic Outlook
The City maintains a prudent philosophy with regard to its spending. Lessons from prior years indicate that the economy can fluctuate from growth to recession and back again. The City has very healthy reserves. As of June 30, 2024, the current spendable reserves were $22.9M in the following funds:

General Fund $5,414,000
Emergency Reserve $7,768,000
General Fund Budget Reserve $3,565,000
Capital Outlay Reserve $4,164,000
Civic Center Replacement $1,955,000
TOTAL $22,866,000
With a revised General Fund budget of $14,435,000, the fungible reserves represent 158% of the amended General Fund budget (assuming the budget adjustments are approved).

Budget Updates
Throughout the year, the City Council has approved several contracts and other items that require

Agenda Item No. 11 March 4, 2025 | 2
budget adjustments to be done at mid-year. The following agenda items are included in the proposed budget adjustments:
• A $184,000 increase in the Capital Outlay Reserve Fund for the Various Median Islands project.
• A $150,000 increase to the Water Fund for a federally mandated lead and copper service line inventory assessment was approved by the Council in September 2024. • An $88,000 increase in both revenue and expenses related to a California Highway Patrol (CHP) Cannabis Tax Grant awarded to the City for the purchase of message boards, as well as funding for overtime costs associated with DUI saturation checkpoints, training, and educational materials.
• A $33,200 decrease in revenue in the Measure M Fund (transportation improvements). • An additional $30,000 for hiring bonuses to support the recruitment of police officers and dispatchers, reflecting actual hiring trends.
• The Citywide Cost Allocation Plan & Comprehensive User Fee Study was approved at the November 2024 meeting for a total cost of $23,550.
• A $9,000 increase to the Grant Writing Services and Funding Advocacy contract was approved at the December 2024 meeting.
• The Crossing Guards contract approved at the October 2024 meeting included a $7,600 increase.
• The Animal Control contract, approved at the October 2024 meeting, included a $2,300 increase.

Expenses Tracking Higher
• A $25,000 increase in the Police Department's budget for background checks due to increased hiring activity.
• A $10,500 increase across various Community Services accounts to align part-time costs with actual expenditures.

FISCAL IMPACT:

The result of the budget amendments will reduce the General Fund projected budget surplus to $82,800 for Fiscal Year 2024-25. In other funds, the budget amendments will decrease estimated revenues by $33,200 and increase appropriations by $339,500.

ATTACHMENTS:

1. Resolution

Resolution No. 2025-__

RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PALMA AMENDING THE FISCAL YEAR 2024-25

ADOPTED BUDGET
WHEREAS, the City Council did receive information about various adjustments needed to Department and Program budgets in order to more closely align projected expenditures and revenues with appropriations; and
WHEREAS, the proposed amendments to the Fiscal Year 2024-25 budget are enumerated in Exhibit A to this resolution; and
WHEREAS, the adopted Fiscal Year 2024-25 Budget will be revised so as to reflect each and all of the amendments which the City Council, up to the time of adoption of this Resolution, believes should be made as per Exhibit A; and NOW, THEREFORE, The City Council of the City of La Palma does hereby resolve as follows:

SECTION 1. The amendments for the Fiscal Year 2024-25 adopted budget as so amended, modified, revised, and corrected including those changes directed by the City Council at the March 4, 2025, Council Meeting, are approved and adopted. In adopting the budget amendments, the City Council hereby approves and instructs the City Manager to implement changes as necessary.

SECTION 2. The budget amendments for the Fiscal Year 2024-25 as now before this City Council and as enumerated in Exhibit A, and as amended, modified, revised, and corrected by the City Council and staff, in open session, shall be placed on file in the office of the City Clerk, shall be open to public inspection, and are expressly incorporated in this Resolution and made a part hereof.

SECTION 3. The City Manager is hereby authorized and instructed to take all steps necessary to implement this resolution.

SECTION 4. The City Manager, for the purpose of administrative necessity in implementing the budget, shall have the authority to transfer monies to the appropriate item, account, program, or fund to cover expenditures which have been approved by the City Council, except where such transfer is expressly prohibited in a resolution or ordinance approved by the City Council such as utility replacement funds.

Resolution No. 2025-__

APPROVED AND ADOPTED by the City Council of the City of La Palma at a regular meeting held on the 4th day of March 2025.
__________________________
Mark I. Waldman
Mayor
ATTEST:
_____________________________
Kimberly Kenney, CMC
City Clerk

Resolution No. 2025-__

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 4th day of March 2025, and that it was so adopted by called vote as follows:

AYES:

NOES:
__________________________
Kimberly Kenney, CMC
City Clerk

Fiscal Year 2024-25 Budget Adjustments Exhibit A
Item Description Adopted Budget Budget Adjustment Amended Budget Justification General Fund (001)

REVENUES
001 200 4250-00000 Misc. Grant - PD 88,000 - 88,000 State Grant - Reader Boards 001 300 4317-00000 Street & Inspection Fees - 34,000 34,000 Updated estimate 001 500 4610-00000 Rental Income 227,500 (143,500) 84,000 Updated estimate TOTAL GENERAL FUND REVENUES 14,939,300 (21,500) 14,917,800EXPENDITURESGeneral Government 001 120 6000-00000 Professional Services - Update Fees 10,000 23,500 33,500 001 120 6000-12010 Professional Services - Grant Writing 22,800 3,500 26,300 Grant Writing 001 170 5200-00000 Special Pay - Hiring Bonuses PD 1,800 30,000 31,800 Police Department
001 210 6000-21010 Professional Services - SEAACA 131,000 2,300 133,300 SEAACA 001 220 6000-22010 Professional Services - Crossing Guards 127,300 7,600 134,900 Crossing Guards 001 235 8040-00000 Machinery & Equipment - 88,000 88,000 Grant Funded Reader Boards 001 240 5680-00000 Background Checks 15,000 25,000 40,000 Community Services
001 310 5200-00000 Special Pay 2,000 - 2,000
001 310 5642-00000 Retirement - PARS 500 1,000 1,500
001 310 7400-00000 Other Awards 100 200 300
001 330 5630-00000 Medicare/FICA 1,100 1,000 2,100
001 340 5642-00000 Retirement - PARS 300 300 600
001 340 5630-00000 Medicare/FICA 1,500 700 2,200
001 350 5640-00000 Retirement 4,000 4,000 8,000001 350 5910-00000 Cell Allowance 600 - 600 Subtotal General Fund Expenditure Adjustments 14, 190,400 244,600 14,435,000TRANSFERS OUT 035 300 4951-00000 Capital Outlay Reserve 350,000 - 350,000 037 300 4951-00000 Civic Center Replacement Fund 50,000 - 50,000 TOTAL TRANSFERS OUT 400,000 - 400,000FY 2024-25 Surplus (Deficit) - General Fund CURRENT BUDGET PROPOSED AMENDED BUDGET Revenues 14,939,300 14,917,800
Expenditures (14,244,600) (14,435,000)Transfer Out (400,000) (400,000)FY 2024-25 Surplus (Deficit) - General Fund 82,800 294,700 UNASSIGNED GENERAL FUND BALANCE as of June 30, 2024 5,366,356 ACFR issued 12/2024

Fiscal Year 2024-25 Budget Adjustments Exhibit A
Item Description Adopted Budget Budget Adjustment Amended Budget Justification OTHER FUNDS (Non-General)

REVENUES
Measure M Fund (012)
012 300 4221-00000 Measure M2 373,200 (33,200) 340,000 Updated Estimate Total Other Funds Revenue Adjustments (33,200)
EXPENDITURESMedian Project Funding
010 900 8134-00000 Median Rehabilitation Project - RMRA 400,000 - 400,000 Revised Median Estimate 012 900 8134-00000 Median Rehabilitation Project - Measure M 500,000 - 500,000 Revised Median Estimate 035 900 8134-00000 Median Rehabilitation Project - COR/Grant 2,000,000 184,000 2,184,000 Revised Median Estimate Water Fund (050)
050 440 6000-00000 Professional Contract Services 15,000 150,000 165,000 Lead Service Inventory 050 440 6000-12010 Professional Contract Services 20,000 3,200 23,200 Grant Writing Services Sewer Fund (052)
052 480 6000-12010 Professional Contract Services 14,300 2,300 16,600 Grant Writing Services Total Other Funds Expenditure Adjustments 339,500

Agenda Item No. 12 March 4, 2025 | 1
City of La Palma
Agenda Item No. 12
MEETING DATE: March 4, 2025
TO: City Council
FROM: City Manager
SUBMITTED BY: Alan Rivera, Management Assistant
AGENDA TITLE: City of La Palma's 70th Anniversary
RECOMMENDED ACTION:

It is recommended that the City Council receive a presentation regarding La Palma's 70th Anniversary Celebration, discuss, and provide further direction as needed.

BACKGROUND
The City of La Palma was incorporated on October 26, 1955. In 2025, the City will celebrate its 70th anniversary of incorporation on Sunday, October 26. To mark this significant milestone, staff has discussed a variety of commemorative activities to be featured throughout the year leading up to the official anniversary and a special recognition at the City’s October signature event, the Halloween Carnival.

SUMMARY
In early 2025, staff met to discuss various commemorative ideas for the 70th anniversary and incorporated feedback and direction provided by the City Council during the 2025 Annual Goal Setting Meeting. The following activities are being considered:
• Adding a 70th Anniversary Celebration component to the annual Halloween Carnival, which is currently scheduled for Saturday, October 25.
• Developing and sourcing commemorative visual marketing elements and promotional materials with the assistance of a graphic designer.
• Exploring options to update the artwork on the Walker Well tank, currently commemorating the 50th Anniversary, with a new design for the 70th anniversary. • Celebrating the 70th anniversary throughout the year with a special commemorative booth at each of La Palma’s signature events, including the Festival of Nations, Fitness Run for Fun, Concerts in the Park, Hometown Heroes Concert, and Civic Expo & National Night Out. This

Agenda Item No. 12 March 4, 2025 | 2
booth will spotlight the 70th anniversary by highlighting La Palma’s history and community.

Staff plans to engage the Community Activities and Beautification Committee (CAB) to further develop the details of the aforementioned activities. Below is a proposed timeline of events where staff will commemorate the City’s milestone anniversary:

Date Event
April 26 Festival of Nations
July 4 Fitness Run for Fun
July 10, 17, 24 & 31 Concerts in the Park
August 7 Civic Expo & National Night Out
October 26 Halloween Carnival & 70th Anniversary
Celebration
Staff is seeking input from the Council on this plan and any additional items for consideration. After this meeting, staff will gather the necessary information and estimated costs for approval at the next Council meeting on April 1.

FISCAL IMPACT
Although there is no fiscal impact at this time, it is expected that there will be associated costs for the various activities mentioned above.

ATTACHMENTS:

None