Ukiah City Council
August 17, 2022

City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://zoom.us/j/97199426600 Or you can call in using your telephone only:
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US: +16699009128,,97199426600# or +12532158782,,97199426600# Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

August 17, 2022 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES

5.a. Approval of the Minutes for the August 3, 2022, Special Meeting.

Recommended Action: Approve the Minutes for the August 3, 2022, Special Meeting.

Attachments:

1. 2022-08-03 Draft Minutes - Special Meeting

5.b. Approval of the Minutes for the August 3, 2022, Regular Meeting.

Recommended Action: Approve the Minutes of the August 3, 2022, Regular Meeting.

Attachments:

1. 2022-08-03 Draft Minutes - Regular Meeting

6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.

7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.

Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.

7.a. Report of Disbursements for the Month of July 2022.

Recommended Action: Approve the Report of Disbursements for the Month of July 2022.

Attachments:

1. July 2022 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. July 2022 Disbursement Detail

7.b. Delegate City Manager Authority to Negotiate and Approve a Generator Share Agreement with New Cingular Wireless PCS, LLC.

Recommended Action: Authorize the City Manager to negotiate and execute a Generator Share Agreement with New Cingular Wireless PCS, LLC.

Attachments:

1. 7-29-22 DRAFT AGREEMENT

2. 202001 ATT Agreement

7.c. Delegate City Manager Authority to Negotiate and Approve Mutual Aid Agreement for Emergency Assistance Among the City of Ukiah, City of Fort Bragg, City of Willits, City of Point Arena, City of Clearlake, and the City of Lakeport
Recommended Action: Delegate City Manager authority to negotiate and approve Mutual Aid Agreement for Emergency Assistance Among City of Ukiah, City of Fort Bragg, City of Willits, City of Point Arena, City of Clearlake, and City of Lakeport.

Attachments:

1. Mutual Aid - Cities 2022 FINAL

7.d. Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic.

Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic.

Attachments:

1. AB 361 Findings Reconsideration for All Legislative Bodies

7.e. Authorize City Manager to Negotiate and Execute an Antenna Site/Lease Agreement with Ukiah Wireless Powered by Wi-Fiber for the Sole Purpose of Providing High-speed Internet to Ukiah Valley Residents.

Recommended Action: Authorize City Manager to negotiate and execute an Antenna Site/Lease Agreement with Ukiah Wireless Powered by Wi-Fiber for the sole purpose of providing highspeed internet to Ukiah valley residents.

Attachments:

1. COU 2122-201 Property Exchange and Development Agree with Exhibits

2. Ukiah Wireless Agreement

7.f. Approval of Notice of Completion of the Electric Utility Department's Gobbi Street Underground Communications Rework Project, Specification No. 22-03, and Approve Final Payment of the 5% Retention to Diamond D Construction, LLC.

Recommended Action: Approve Notice of Completion for the Gobbi Street Underground Communications Project, Specification 22-03, approving final payment of the 5% retention to Diamond D Construction, LLC., and direct the City Clerk to file the Notice of Completion with the County Recorder.

Attachments:

1. Notice of Completion-Gobbi UG Communications Rework

7.g. Award of Contract to SHN Engineers in the Amount of $13,000.00 for Compaction and Materials Testing Services Related to the Clara Avenue Reconstruction Project Specification No. 20-08, and Approval of Corresponding Budget Amendment Recommended Action: Award professional services agreement go SHN Engineers in the amount of $13,000.00 for compaction and materials testing services related to the Clara Avenue Reconstruction Project and approve corresponding budget amendment.

Attachments:

1. 20220804-COUClaraAveProposal

7.h. Consideration of Adoption of Amended Resolution Authorizing Application for Funding and the Execution of Grant Agreement and any Amendments thereto from the 2022 Funding Year of the State Community Development Block Grant Program.

Recommended Action: Adopt amended resolution authorizing an application for funding and the execution of grant agreements and any amendments thereto from the 2022 funding year of the State Community Development Block Grant Program (CDBG) program.

Attachments:

1. Resolution 2022-41

2. Revised Resolution - CDBG Application

7.i. Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. in the Amount of $36,985.50 for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill.

Recommended Action: Receive and file report of acquisition of professional services from Alpha Analytical laboratories, Inc. in the amount of $36,985.50 for quarterly water sampling and completion of chemical examination reports for the Ukiah landfill.

Attachments:

1. Requsition E39591 Alpha Labs

7.j. Consideration of Adoption of Resolution Appointing Casey Thompson to the Public Spaces Commission.

Recommended Action: Adopt Resolution appointing Casey Thompson to the At-large City or County Resident position on the Public Spaces Commission, term to expire on August 17, 2025.

Attachments:

1. City Code Sections

2. Application

3. Nomination

4. Proposed Resolution

7.k. Approval of Purchase of a Replacement Symmetra LX Power Array Battery Backup for the Ukiah Police Department Including Installation in the Amount of $35,208, and Approval of Corresponding Budget Amendment.

Recommended Action: Approve the purchase of a replacement Symmetra LX Power Array Battery Backup for the Ukiah Police Department including installation from The Design Group, for the amount of $35,208.00, and approve a corresponding budget amendment.

Attachments:

1. DESIGN quote

7.l. Authorize the City Manager to Negotiate and Execute an Amendment to the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement for Electrical Utility and Communication Infrastructure; and Approve a Corresponding Budget Amendment if Necessary.

Recommended Action: Approve the City Manager to negotiate and execute an amendment to the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement for Electrical Utility and Communication infrastructure, and approve a corresponding budget amendment if necessary.

Attachments:

1. COU 2122-201 Property Exchange and Development Agree with Exhibits

7.m. Notification of Change Order #1 to Ghilotti Construction Company in the Amount of $640,975.73 for Additional Roadway Excavation, Base and Asphalt for the Dora Overlay Project Specification 21-05, and Approval of Corresponding Budget Amendment.

Recommended Action: Receive Notification of Change Order #1 to Ghilotti Construction Company in the amount of $640,975.73 for additional roadway excavation, base and asphalt for the Dora Overlay Project, Specification 21-05, and approve corresponding budget amendment for a total revised contract amount of $1,250,782.03.

Attachments:

1. SGhilottiUk22072212470

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

9. COUNCIL REPORTS

10. CITY MANAGER/CITY CLERK REPORTS

11. PUBLIC HEARINGS (6:15 PM)

11.a. Public Hearing and Consideration of 1) Adoption of a Resolution to Adopt an Initial Study and Negative Declaration; and 2) Possible Introduction by Title Only of an Ordinance to Approve a General Plan Amendment and Rezone of 701 South Orchard Avenue.

Recommended Action: 1) Conduct a public hearing; and 2) Adopt Resolution adopting the Initial Study and Negative Declaration; and 3) Introduce by Title only the Ordinance to approve the General Plan Amendment and Rezone.

Attachments:

1. Application Materials & Figures

2. Planning Commission Staff Report dated 071822

3. Draft Initial Study & Negative Declaration

4. Draft Findings

5. Draft Conditions of Approval

6. Draft Resolution to Adopt ISND

7. Draft Ordinance for Rezone and GPA

11.b. Consideration of Adoption of a Resolution Adopting a Power Cost Surcharge Rider.

Recommended Action: Adopt Resolution establishing the Power Cost Surcharge Rider.

Attachments:

1. 2022 Increase Approved Rate Tables

2. Ukiah Market Conditions - Summer 2022 Readiness 06-01-22 FINAL

3. Power Cost Surcharge (1)

4. Resolution Adopting Power Cost Surcharge Rider (1)

12. UNFINISHED BUSINESS

12.a. Discussion and Possible Adoption of Resolutions Amending the Procedures for Purchasing Thresholds and Change Order Limits.

Recommended Action: Adopt resolutions amending the procedures for purchasing thresholds and change order limits.

Attachments:

1. 2015-10 CC Reso - Amending Dollar Limts for Open Market Procurements

2. 2011-49 change order limits

3. Draft Revised Purchasing Threshold ResolutionREVdrREDLINE (4)vsMH - Final Draft

4. Draft Revised Resolution for Change Order LimitsDRedits - Final Draft

12.b. Receive Report Regarding Annual Review of Ordinance for Development of Operating Standards for Community Gardens, Live Entertainment, Outdoor Dining, Sidewalk Cafes, and Specialty Food and Beverage Sales with Tasting; and Provide Direction to Staff as Necessary.

Recommended Action: Receive report and provide direction to Staff as necessary.

Attachments:

1. Ordinance No. 1167

2. Ordinance No. 1210

13. NEW BUSINESS

13.a. Public Benefits Program Update, and Approval of New Customer Programs and Rebates.

Recommended Action: City Council to receive Electric Department's Public Benefit Program Report, and approve program additions.

Attachments:

1. 2022 LI Guidleines & Program Incentives

2. Residential Rebate Chart

3. Commercial Rebates Chart

4. Ukiah Res DI Program SOW- Final.docx

5. DI Customer Letter-DRAFT-DI Flyer-DI Door Hanger

6. Electric Bike Rebate Applicaiton - DRAFT

13.b. Consideration of Adoption of Resolution Authorizing Application to and Participation in the California Department of Housing and Community Development Prohousing Designation Program.

Recommended Action: Adopt resolution authorizing application to and participation in the California Department of Housing and Community Development's (HCD) Prohousing Designation Program.

Attachments:

1. prohousing-application-scoring rubric

2. Prohousing Designation Resolution

13.c. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

Attachments:

1. 2022 City Council Special Assignments

14. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING

14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Number of potential cases: 1)
Recommended Action:

Attachments: None

14.b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
Recommended Action:

Attachments: None

14.c. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
Recommended Action:

Attachments: None

14.d. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Arturo Flores Valdes et al., (Fed. Dist. Ct., N.D. Cal.) 22-CV-03125 RMI Recommended Action:

Attachments: None

14.e. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-070-04, 001-040-84, 001-040-82, 001-040-65 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Grady Huff
Under Negotiation: Price & Terms of Payment
Recommended Action:

Attachments: None

14.f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action:

Attachments: None

15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.

Kristine Lawler, CMC
Dated: 8/12/22

CITY OF UKIAH

CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
August 3, 2022
6:00 p.m.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on August 3, 2022, having been legally noticed on August 2, 2022. The meeting was held virtually at the following link:
https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 5:30 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F.

Crane, Mari Rodin (arriving at 5:35 p.m.), Josefina Dueňas, and Jim O. Brown. Staff

Present: Shannon Riley, Deputy City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was given.

The Pledge of Allegiance was led by Kristine Lawler, City Clerk.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 5:35 P.M.

3. CLOSED SESSION
a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
c. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
d. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Arturo Flores Valdes et al., (Fed. Dist. Ct., N.D. Cal.) 22-CV-03125 RMI Agenda Item 5a

e. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-070-04, 001-040-84, 001-040-82, 001-040-65 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Grady Huff
Under Negotiation: Price & Terms of Payment
f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units

5. ADJOURNMENT
There being no further business, the meeting adjourned at 5:50 p.m. ________________________________
Kristine Lawler, City Clerk/CMC

Agenda Item 5b

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
August 3, 2022
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on August 3, 2022, having been legally noticed on January 12, 2022. The meeting was held virtually at the following link:
/https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:00 p.m. Roll was held during the 5:30 Special Meeting, with the following Councilmembers Present: Juan V.

Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present:

Shannon Riley, Deputy City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

2. PLEDGE OF ALLEGIANCE
Pledge was held during the 5:30 p.m. Special Meeting.

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES
a. Approval of the Minutes for the July 20, 2022, Regular Meeting.

Motion/Second: Orozco/Rodin to approve Minutes of July 20, 2022, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

6. RIGHT TO APPEAL DECISION

7. CONSENT CALENDAR
a. Report to Council for Preliminary and Conceptual Trail Planning and Mapping Provided by Rock Solid Trail Contracting in an Amount not to Exceed $15,096 - Administration. b. Award a Contract (COU No. 2223-087) for Specification #E39169 - Street Striping 2022, to Chrisp Company of Freemont, California, in the Amount of $44,555.96 for Street Striping 2022 – Public Works.
c. Adoption of Resolution (2022-47) Appointing Kali Gordon to the Design Review Board – City Clerk.
d. Report to Council Regarding the 2022 Conflict of Interest Code Biennial Notice, and Direct the City Clerk to Amend the Conflict of Interest Code per Guidelines Provided by the Fair Political Practices Commission (FPPC), Conduct a 45-day Public Notice Period, and If Necessary, Schedule a Public Hearing to Consider Adoption of the Amended Conflict of Interest Code – City Clerk.

City Council Minutes for August 3, 2022, Continued:

e. Approval of Contract (COU No. 2223-088) with Stone Creek Environmental Consulting in the Amount of $33,000 for Engineering Services Related to the Municipal Separate Storm Sewer Systems Permit Issued by North Coast Regional Water Quality Control Board – Water Resources.
f. Report of an Agreement (COU No. 2223-089) with Environmental Services Associates for Further Soil Sampling as Required to Fulfill CEQA Documents for the Riverside Park Regeneration Project – Public Works.

g Adoption of an Ordinance Amending Various Sections of Ukiah City Code to Streamline the Use Permit Application Process and Operational Standards for Cannabis-Related Businesses – Community Development.

ORDINANCE NO. 1226

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS

SECTIONS OF THE UKIAH CITY CODE TO AMEND THE USE PERMIT APPLICATION

PROCESS AND OPERATIONAL STANDARDS FOR CANNABIS RELATED BUSINESSES h Consideration of Award of Bid for the Clara Avenue Reconstruction Project, Specification No. 20-08, and Approval of Corresponding Budget Amendment – Public Works – Pulled by Councilmember Rodin and placed as agenda item 13d.

Mayor Directive to move public comment by Pinky Kushner to Agenda Item No. 8.

Motion/Second: Rodin/Orozco to approve Consent Calendar Items 7a-7g, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES:

None. ABSENT: None. ABSTAIN: None.

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS -

Public Comment: Pinky Kushner – Boards & Commissions (spoken during Consent Calendar); Ike Heinz – Fast charging stations for Electric; Durriya Syed – Department of Insurance Program.

9. COUNCIL REPORTS
No Council reports were given.

10. CITY MANAGER/CITY CLERK REPORTS
Presenter:
 Election Status – Kristine Lawler, City Clerk.

11. PUBLIC HEARINGS (6:15 PM)
a. Annual Review and Adoption of Resolution Updating the Fee Schedule for Community Services; Including Recreation Programs, Sports Fields, Parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum.

Presenter: Jake burgess, Community Services Supervisor.

PUBLIC HEARING OPENED AT 6:24 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:25 P.M.

City Council Minutes for August 3, 2022, Continued:

Motion/Second: Crane/Rodin to adopt the resolution (2022-48) updating the fee schedule for Community Services; including recreation programs, sports fields, parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None.

ABSTAIN: None.

12. UNFINISHED BUSINESS

13. NEW BUSINESS
a. Receive Report Regarding the Status of the Great Redwood Trail and the Great Redwood Trail Linear Park, and Consideration of Creating an Ad Hoc Committee to Participate in Ongoing Discussions.

Presenters: Neil Davis, Community Services Director and Tim Eriksen, Public Works Director/City Engineer
Public Comment: Susan Knopf.

Council Consensus to establish a council-only ad hoc, and for the ad hoc to bring back to Council after a two-month time period to evaluate progress; then if reasonable progress has been made, consider creating a Standing Committee adding two members from the Public Spaces Commission.

Motion/Second: Brown/Orozco to appoint Councilmember Rodin and Vice Mayor Duenas to serve on a Great Redwood Trail ad hoc. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Adoption of Resolution(s) Approving Successor Memoranda of Understanding Between the City of Ukiah and Employee Bargaining Units, and Authorizing the City Manager to Execute.

Presenter: Sheri Mannion, Human Resources/Risk Management Director.

Motion/Second: Rodin/Orozco to adopt a Resolution (2022-49) approving successor Memoranda of Understanding (International Brotherhood of Electrical Engineers - COU No. 2223-090; Ukiah Professional Firefighter Association - COU No. 2223-091) between the City of Ukiah and employee bargaining units, and authorize the City Manager to execute on behalf of the City. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None.

ABSENT: None. ABSTAIN: None.

Mayor directive to take agenda item 13d before 13c.
d. Consideration of Award of Bid for the Clara Avenue Reconstruction Project, Specification No. 20-08, and Approval of Corresponding Budget Amendment – Public Works – From Consent Calendar.

Presenters: Councilmembers Rodin and Crane (in respect to why the item was pulled); Tim Eriksen, Public Works Director/City Engineer
Staff Comment: Sage Sangiacomo, City Manager.

Public Comment: Susan Knopf, Linda Sanders, Susan Sher, Lucy Bartholomew, and Pink Kushner.

City Council Minutes for August 3, 2022, Continued:

Motion by Councilmember Crane, second by Councilmember Rodin to approve the recommended action with change orders for the five items mentioned by Councilmember Rodin.

The maker of the motion clarified that this was not intended to be a motion, the seconded accepted the clarification, withdrawing any perceived motion.

Motion/Second: Crane/Rodin to award (Ghilotti Construction - COU No. 2223-092) bid for the Clara Avenue Reconstruction Project Specification No. 20-08, and direct Staff to meet with the ad hoc, and with the contractor, and return to Council for consideration of change orders recommended by the ad hoc and deemed workable to the Public Works Director; and approve corresponding budget amendment. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.
c. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).

No reports were received.

14. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
b. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 e. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603 f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Closed Session was held during an earlier Special Meeting.

15. ADJOURNMENT
There being no further business, the meeting adjourned at 7:52 p.m. ________________________________
Kristine Lawler, City Clerk/CMC

Agenda Item No: 7.a.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1479

AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of July 2022.

DEPARTMENT: Finance PREPARED BY: Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar
ATTACHMENTS:

1. July 2022 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. July 2022 Disbursement Detail
Summary: The Council will review and consider approval of the Report of Disbursements for the month of July 2022.

Background: Payments made during the month of July 2022 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the five (5) individual payment cycles within the month.

Accounts Payable Check Numbers (City & UVFA): 3048367-3048463; 3048464-3048573; 3048574-3048698; 3048699-3048779; 3048780-3048868
Accounts Payable Wire Transfers: N/A
Payroll Check Numbers: 511305-511434; 511435-511538; 511539-511648 Payroll Manual Check Numbers: 511648
Direct Deposit Numbers: 112290-112594; 112595-112918; 112919-113236 Manual Direct Deposit Numbers: N/A
Void Check Numbers: 511646
Void Direct Deposit Numbers: 112498
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.

Attachment #1: July 2022 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: July 2022 Disbursement Detail
Recommended Action: Approve the Report of Disbursements for the Month of July 2022.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

Attachment 1
FUNDS:
100 General Fund $424,174.96 700 Sanitary Disposal Site Fund $9,833.78 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $350,870.37 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $70,074.65 710 Ambulance Services Fund $54,285.22 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $37,767.18 200 City Adminstrative Services $131,262.01 730 Confernence Center Fund $3,383.03 201 Worker's Comp Fund $443,038.00 750 Visit Ukiah
202 Liability Fund $57,045.40 777 Airport Fund $71,267.78 203 Garage Fund $7,322.68 778 Airport Capital Improvement Fund 204 Purchasing Fund $1,917.75 779 Special Aviation Fund 205 Billing & Collections Fund $74,829.57 800 Electric Fund $1,950,600.49 206 Public Safety Dispatch Fund $28,538.25 801 Electric Capital Reserve Fund $60,878.43 207 Payroll Posting Fund $16,628.42 803 Lake Mendocino Bond Reserve 208 Building Maintenance/Corp Yard Fund $28,063.10 805 Street Lighting Fund $12,225.53 209 IT Fund $21,442.01 806 Public Benefits Fund $8,542.25 220 Equipment Reserve Fund 807 Cap and Trade
249 City Housing Bond Proceeds 820 Water Fund $78,884.84 250 Special Revenue Fund 822 Water Capital Improvement Fund $8,522.74 251 Special Projects Reserve Fund 830 Recycled Water Fund $135,975.48 252 Streets/ROW Improvement Fund $190,807.46 840 City/District Sewer Fund $121,034.13 253 CITY PROP 172 841 Sewer Contruction Fund
300 Park Development Fund 843 Sewer Capital Fund
301 Anton Stadium Fund 900 Special Deposit Trust $26,747.17 302 Observatory Park Fund 901 General Service (Accts Recv) $92.27 304 Swimming Pool Fund 902 U.S.W. Billing & Collection
305 Riverside Park Fund $2,558.79 903 Public Safety - AB 109 $0.00 306 Skate Park Fund 905 Federal Emergency Shelter Grant 310 Museum Grants 905 Mendocino Emergency Service Authority 311 Alex Rorbaugh Recreation Center Fund $4,248.24 911 Russian River Watershed Association $26,397.51 312 Downtown Business Improvement Fund $3,911.65 915 UVFD $729.27 313 LMIHF Housing Asset Fund 916 UVFD PROP 172
314 Winter Special Events 917 UVFD Measure B $32,737.15 315 Advanced Planning Fund $0.00 918 UVFD Mitigation $1,361.79 500 2106 Gas Tax Fund 940 Sanitation District Special Fund 501 2107 Gas Tax Fund 942 Rate Stabilization - UVSD Fund 503 2105 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 505 Signalization Fund 952 REDIP Sewer Enterprise Fund
506 Bridge Fund 960 Community Redevelopment Agency
507 1998 STIP Augmentation Fund 961 RDA Housing Pass-Through 508 SB325 Reimbursement Fund 962 Redevelopment Housing Fund 509 S.T.P. Fund $75.34 963 Housing Debt
510 Trans-Traffic Congest Relief Fund 964 RDA Capital Pass-Through 511 Rail Trail Fund $17,922.38 965 Redevelopment Capital Improvement Fund 600 Community Development Block Grant 966 Redevelopment Debt Service 601 EDBG 94-333 Revolving Loan 967 Housing Bond Proceeds 602 Community Development Fund 968 Non-Housing Bond Proceeds 603 08-HOME-4688 969 RDA Obligation Retirement Fund $2,822.04 604 CDBG Grant 09-STBG-6417 844/944 Sewer Capital Projects Fund $697,444.24 605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940
610 City RDA Projects Fund
613 Home Program Activities
620 CASP Train Retainage Withheld $40,179.87
630 Asset Seizure Fund $1,100.00 611 CDBG 16-CDBG-11147 $10,961.87 631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $741.03
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
PAYROLL CHECK NUMBERS: 511305-511434 TOTAL DEMAND PAYMENTS- A/P CHECKS $5,269,246.12 DIRECT DEPOSIT NUMBERS: 112290-112594 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 6/12/22-6/25/22 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,448,498.74 PAYROLL CHECK NUMBERS: 511435-511538 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $765,225.83 DIRECT DEPOSIT NUMBERS: 112595-112918 * vendor name( if applicable) PAYROLL PERIOD: 6/26/22-7/9/22
PAYROLL CHECK NUMBERS: 511539-511648
DIRECT DEPOSIT NUMBERS: 112919-113236
PAYROLL PERIOD: 7/10/22-7/23/22
VOID CHECK NUMBERS: TOTAL PAYMENTS $7,482,970.69
511646
N/A
WIRE TRANSFER NUMBERS:

N/A

CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.

City Clerk

APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds.
____________________________________________ ________________________________________________ City Manager Director of Finance
MANUAL CHECK NUMBERS:

CITY OF UKIAH

REPORT OF DISBURSEMENTS

REGISTER OF PAYROLL AND DEMAND PAYMENTS

FOR THE MONTH OF JULY

Account Code Summary Attachment 2
10000000 GENERAL FUND 20012500 CITY CLERK
10017200 SUCCESSOR AGENCY 20012600 ECONOMIC DEVELOPMENT 10020000 POLICE - GEN FUND 20012800 EMERGENCY MANAGEMENT 10020210 POLICE PATROL 20013210 ACCOUNTS PAYABLE
10020214 POLICE VOLUNTEERS 20013220 PAYROLL
10020216 COPS GRANT 20013400 ACCOUNTING
10020217 POLICE ANIMAL CONTROL 20013401 BUDGET MANAGEMENT 10020218 POLICE CSO 20014000 CITY ATTORNEY
10020220 CODE ENFORCEMENT 20015100 CITY TREASURER
10020224 MAJOR CRIMES TASK FORCE 20016100 HUMAN RESOURCES 10021210 CITY FIRE 20023510 HOUSING GRANTS
10022100 PARKS 20023520 NON-HOUSING GRANTS
10022300 AQUATICS 20100000 WORKER'S COMP FUND
10022700 MUSEUM - GEN FUND 20116220 WORKERS COMPENSATION 10022810 RECREATION ADMINISTRATION 20200000 LIABILITY FUND 10022821 ADULT BASKETBALL 20216200 RISK MANAGEMENT
10022822 ADULT SOFTBALL 20300000 GARAGE FUND
10022824 CO-ED VOLLEYBALL 20324100 GARAGE
10022831 YOUTH BASKETBALL 20324110 FLEET MAINTENANCE
10022832 YOUTH SOFTBALL 20400000 PURCHASING FUND
10022840 DAY CAMP 20413500 PURCHASING
10022850 CLASSES & CLINICS 20413510 CAPITAL ASSET MANAGEMENT 10022860 SPECIAL ACTIVITIES 20413520 GRANTS AND SPECIAL PROJECTS 10022900 COMM SVCS SPECIAL SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023100 PLANNING SERVICES 20500000 BILLING AND COLLECTION FUND 10023110 CURRENT PLANNING 20513300 UTILITY BILLING
10023300 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023320 BUILDING INSPECTION 20513382 METERING-WATER
10023411 CDBG GENERAL ADMIN 20600000 PUBLIC SAFETY DISPATCH FUND 10024200 ENGINEERING/STREETS 20620231 POLICE UKIAH DISPATCH 10024210 ENGINEERING 20620232 POLICE FT BRAGG DISPATCH
10024214 TRAFFIC SIGNAL OPERATIONS 20700000 PAYROLL POSTING FUND 10024224 STORM WATER 20800000 BUILDING & MAINTENANCE
10024310 CORP YARD MAINTENANCE 20822500 BUILDING & MAINTENANCE 10024620 STREETS 20824300 BLDG MAINT CORP YARD
10100000 GF- (SUB-FUND) VISIT UKIAH 20900000 IT FUND
10112700 GF-(SUB-FUND) VISIT UKIAH 20913900 INFORMATION TECHNOLOGY 10500000 MEASURE S GENERAL FUND 22000000 FIXED ASSET FUND 10521210 FIRE AUTHORITY 25100000 SPECIAL PROJECTS RESERVE FUND 12000000 STREET REHABILITATION 25300000 PROP 172 FUND
12024200 PUBLIC WORKS ENGINEERING 25321210 CITY FIRE
13000000 GOV'TL DEBT SVC/RESERVE FUND 30000000 PARK DEVELOPMENT FEES FUND 20000000 CITY ADMINISTRATIVE SERVICES 30022200 PARK DEVELOPMENT 20010000 CITY COUNCIL 30100000 ANTON STADIUM FUND
20012100 CITY MANAGER 30200000 OBSERVATORY PARK FUND
20012200 ADMINISTRATIVE SUPPORT 30300000 PLAYGROUND & PARK AMENITIES FU 20012300 COMMUNITY OUTREACH/PUBLIC INFO 30322230 PLAYGROUND AND PARK AMENITIES

Account Code Summary Attachment 2
30400000 SWIMMING POOL FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30522250 RIVERSIDE PARK 63900000 SPECIAL REVENUE POLICE 30600000 SKATE PARK FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 30700000 SOFTBALL COMPLEX FUND 64012600 ECONOMIC DEVELOPMENT 31100000 ARRC GENERAL OPERATING FUND 64020213 POLICE PARKING ENFORCEMENT 31122000 ARRC 67000000 FEDERAL AMERICAN RESCUE FUNDS
31200000 DOWNTOWN BUSINESS IMPROVEMENT 69500000 TRANSFER STATION 31212600 ECONOMIC DEVELOPMENT 69624000 SOLID WASTE MITIGATION FUND 31300000 LMIHF HOUSING ASSET FUND 70000000 SANITARY DISPOSAL SITE FUND 31323400 HOUSING 70024500 LANDFILL 700
31323431 LMI GENERAL ADMIN 70124500 LANDFILL CORRECTIVE 31500000 ADVANCED PLANNING FUND 70200000 DISPOSAL CLOSURE RESERVE FUND 31523100 COMMUNITY PLANNING 70224500 LANDFILL CLOSURE
50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND
50824210 SB325 ENGINEERING 72022400 GOLF
50900000 S.T.P. 73000000 CONFERENCE CENTER FUND
50924210 STP ENGINEERING 73022600 CONFERENCE CENTER
51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND
51124210 Rail Trail 77714000 CITY ATTORNEY
60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND
61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY
61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION
61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1) 80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 80626450 PUBLIC BENEFITS 63520210 SLESF 80700000 ELECTRIC CAP AND TRADE FUND
63600000 CBTHP OFFICER 80800000 ELECTRIC LOW CARBON FUEL STDS 63620210 CBTHP OFFICER 80826100 ELECTRIC LOW CARBON FUEL STDS 63800000 ASSET FORFEITURE 11470.2 H&S F 82000000 WATER FUND

Account Code Summary Attachment 2
82027110 WATER
82027111 PROD OPERATIONS & MAINTENANCE
82027114 DISTRIB OPERATIONS & MAINT
82100000 WATER CAPITAL RESERVE FUND
82200000 WATER CONNECTION FEE FUND
82227113 WATER DISTRIBUTION CAPITAL
83000000 RECYCLED WATER
83027330 RECYCLED WATER
84000000 CITY/DIST. SEWER OPERATING FUN
84027220 WASTE WATER
84027221 CITY WASTE O & M
84027225 WASTE TREATMENT O & M
84100000 SEWER BOND DEBT SERVICE FUND
84127226 WASTEWATER TREATMENT CAPITAL
84200000 RATE STABILIZATION-CITY FUND
84300000 CONNECTION FEE SEWER FUND (CAP
84400000 CITY SEWER CAPITAL PROJECTS FU
84427221 CITY WASTEWATER O&M 844
84427222 CITY WASTE CAPITAL
90000000 SPECIAL DEPOSIT TRUST FUND
91500000 UKIAH VALLEY FIRE DEPARTMENT
91521400 UVFD FIRE ADMINISTRATION
91600000 UVFD PROP 172
91621400 UVFD PROP 172
91700000 UVFD MEASURE B UNASSIGNED
91721400 UVFD FIRE
91800000 UVFD MITIGATION FEES
91821400 UVFD MITIGATION
96900000 REDEVELOPMENT OBLIGATION RETIR
96917200 SUCCESSOR AGENCY
96995669 969 - RDA OBLIGATION RETIREMEN

51211 PERS UNFUNDED LIABILITY 54101 POSTAGE
51220 INSURANCE 54102 SMALL TOOLS
51230 WORKERS COMP 54103 LAB SUPPLIES
51240 MEDICARE 54106 SPECIALTY SUPPLIES
51260 FICA 54107 EMS SUPPLIES
51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES
51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE
52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE
52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES
52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS
52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING
52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY
52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS
52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING
52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN
52180 SECURITY SERVICES 54201 PRISONER EXPENSE
52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT
52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE
52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY
52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE
52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E
52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES
52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC) 56130 EXTERNAL SERVICES
52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS
52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE
52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS
Object Code Summary Attachment 3

58101 NCPA PLANT GENERATION
58102 NCPA POWER PURCHASES
58103 NCPA TRANSMISSION
58104 NCPA MANAGEMENT SERVICES
58105 NCPA THIRD PARTY SALES
58202 CHEMICALS
58401 AVIATION FUEL
58410 GARAGE LUBRICANTS & PARTS
58510 REIMBURSABLE JOBS
59100 PROPERTY TAXES PAID
59101 FEES
59102 FRANCHISE FEES
59105 CONTRIBUTIONS TO OTHER AGENCY
59106 SENIOR TRASH SUBSIDY
59108 BANK FEES
59400 OTHER EXPENSES
59500 LOANS ISSUED
59502 SCHOLARSHIPS
61200 PURCHASING ALLOCATION
61300 BILLING & COLLECTION ALLOCATIO
61410 RENT ALLOCATION
61420 BUILDING MAINTENANCE ALLOCATIO
61422 IT ALLOCATION
61430 CORP YARD ALLOCATION
61500 INSURANCE ALLOCATION
61600 GARAGE ALLOCATION
61700 DISPATCH
62100 ADMIN & OVERHEAD ALLOCATION
63000 INTERFUND SERVICES USED
70101 LOAN PAYMENTS MADE
70102 BOND INTEREST EXPENSE
70103 LOAN INTEREST
70201 LOAN PRINCIPAL PAYMENTS
70202 BOND PRINCIPAL PAYMENTS
74500 CAPITAL LEASE PRINCIPAL
74501 CAPITAL LEASE INTEREST
80100 MACHINERY & EQUIPMENT
80210 LAND ACQUISITION
80220 BUILDING IMPROVEMENTS
80230 INFRASTRUCTURE
90100 LOAN PROCEEDS
90101 LOAN PAYMENT RECEIVED

Attachment 4

Agenda Item No: 7.b.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1900

AGENDA SUMMARY REPORT
SUBJECT: Delegate City Manager Authority to Negotiate and Approve a Generator Share Agreement with New Cingular Wireless PCS, LLC.

DEPARTMENT: City Manager /
Admin PREPARED BY: Traci Boyl, Management Analyst
PRESENTER: Traci Boyl, Senior Analyst
ATTACHMENTS:

1. 7-29-22 DRAFT AGREEMENT

2. 202001 ATT Agreement
Summary: The City Council will consider delegating the City Manager Authority to Negotiate and Approve a Generator Share Agreement with New Cingular Wireless PCS, LLC.

Background: New Cingular Wireless PCS, LLC, seeks City approval to enter into a Generator Share Agreement with the City. The Generator Share Agreement (Attachment 1) grants New Cingular Wireless PCS, LLC, the right to use the City's backup generator and related appurtenances at the Ukiah Civic Center located at 300 Seminary Avenue, Ukiah, CA 95482 as backup power for New Cingular Wireless PCS, LCS's communications facility located at 300 Seminary Avenue, Ukiah, CA 95482.

In 2016, the City entered into an agreement to allow AT&T to construct and own a cellular tower (mono-pine), with associated equipment, to the rear of the Civic Center. This agreement has proven to be beneficial as a revenue source for the City and provides updated technology services to our residents.

In 2020, the City approved and amended the 2016 agreement, known as the Existing Agreement (Attachment 2) with AT&T to assign its License Agreement to Octagon Towers, LLC. The Existing Agreement requires Octagon to comply with all of the provisions of the original License Agreement with AT&T. Furthermore, under Section 13 of the Existing Agreement, the Licensee (Octagon Towers, LLC) may sublease the use of the tower, equipment shelter, and/or ground space at 300 Seminary Avenue, Ukiah, CA 95482 to other colocaters.

New Cingular Wireless, PCS, LLC, is a current sub-licensee of Octagon Towers, LLC and as a sub-licensee of Octagon Towers, LLC, New Cingular Wireless, PCS, LLC, owns and operates a Communications Facility located at 300 Seminary Avenue, Ukiah, CA 95482.

Discussion: Ongoing wildfires and increasingly hotter summers have led to an increase in PG&E public safety power shutoff (PSPS) events and other power outages that can impact the city of Ukiah. Due to the potential duration of these events, critical communication facilities are susceptible to power outages that exceed the capabilities of their battery backups, which can significantly affect communication in the city.

The City of Ukiah has taken the necessary steps to "harden" critical infrastructure, by installing backup generation for City facilities, including the City of Ukiah facilities at 300 Seminary Avenue, Ukiah, CA 95482.

New Cingular Wireless PCS, LLC, seeks to become more resilient and better prepared in the event of a power outage. Therefore, New Cingular Wireless PCS, LLC, seeks an agreement with the City of Ukiah for the right to use the City's backup generator and related appurtenances at the Ukiah Civic Center located at 300 Seminary Avenue,

Ukiah, CA 95482 as backup power for New Cingular Wireless PCS, LCS's communications facility located at 300 Seminary Avenue, Ukiah, CA 95482.

Staff have conducted a load study of the City's backup generator (CAT 500kW) capacity and related facilities and have confirmed that the City's backup generator has adequate capacity to provide backup for all critical City facilities located at 300 Seminary Avenue, including the City of Ukiah Police Department emergency communications and backup generation for New Cingular Wireless, PCS, LLC, Communication Facilities.

If the City Council approves the Generator Share Agreement, New Cingular Wireless PCS, LLC. will pay a use fee in the amount of Five Hundred Dollars per month and a one-time fee in the amount of Twelve Thousand Dollars to the City of Ukiah. In year two of the Initial Term, and each year thereafter, the Use Fee will increase by the percentage change in the Consumer Price Index (CPI) during the preceding calendar year, but not exceed 3%.

Following the execution of this agreement, backup generation to the New Cingular Wireless PCS, LLC, Communication Facilities will be provided through an Automatic Transfer Switch located in the City's Electrical Room that feeds 208/120V to the transfer, then feeds 240/120V to the 200A meter panel located at the AT&T Communication Facilities building. A diagram and details are included in the Generator Share Agreement (Exhibit A to Attachment 1).

Backup generation for critical facilities, including wireless and cellphone communication facilities, strengthens our community's resiliency and provides continuity of critical services for our residents. The Generator Share Agreement does not change the ownership authority of the City's backup generator and related appurtenances at the Ukiah Civic Center located at 300 Seminary Avenue, Ukiah, CA; the generator and related appurtenances will remain owned and maintained by the City. Execution of the Generator Share Agreement will not create financial liabilities for the City of Ukiah. Furthermore, the Generator Share Agreement does not obligate the City to provide emergency backup power to New Cingular Wireless, PCS, LLC. Therefore, City Staff recommends that the City Council authorize the City Manager to negotiate and execute the Generator Share Agreement with New Cingular Wireless PCS, LLC.

Recommended Action: Authorize the City Manager to negotiate and execute a Generator Share Agreement with New Cingular Wireless PCS, LLC.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dave Kirch, Facilities Manager, and Darcy Vaughn, City Attorney's Office

1 GENERATOR SHARE AGREEMENT
THIS GENERATOR SHARE AGREEMENT (“Agreement”) dated as of the latter of the signature dates below, is by and between the City of Ukiah (“Licensor”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, Third Floor, Atlanta, GA 30319 (“Licensee”).

Licensor and Licensee agree as follows:

1. Licensor hereby grants to Licensee the right to use Licensor’s generator and related appurtenances at the Ukiah Civic Center located at 300 Seminary Avenue, Ukiah, CA 95482 (“Premises Area”) as back-up power for Licensee’s communications facility located at 300 Seminary Avenue, Ukiah, CA 95482 (“Communications Facility”). The specifications for connecting Licensee’s Communications Facility to Licensor’s generator are set forth in Exhibit A, attached hereto and incorporated herein by this reference.

Licensee acknowledges that the Licensor’s generator provides back-up power in emergencies to the Ukiah Civic Center, including critical public safety and other services during conditions that may result in the need for use of the back-up generator and, therefore, acknowledges and agrees that if for any reason the back-up generator is required for Licensee and Licensor facilities and the output from the generator is not adequate to serve all of the Licensor’s need for emergency power and all or part of Licensor’s backup power requirements, Licensor’s need for electricity must be satisfied and only residual power in excess thereof may be used by Licensee’s Communication Facility. Licensor’s generator shall be owned by Licensor and Licensee shall have the right to draw emergency power from the generator (to the extent emergency power is available) for the operation of its Communications Facility. Licensor makes no representation or warranty that emergency power shall be sufficient or adequate for Licensee’s needs and Licensor shall have no liability to Licensee for failure to provide such emergency power. Licensor will conduct regular monthly generator tests, which will produce brief (1-2 second) interruptions to service.

2. Fees for Use.
a. Commencing on the first day of the month following commencement of installation of the automatic transfer switch (“ATS”) to Licensor’s generator (“Commencement Date”), Licensee shall pay Licensor a use fee in the amount of Five Hundred and No/100 Dollars ($500.00) per month (“Use Fee”). In any partial month occurring after the Commencement Date, the Use Fee will be prorated. The initial Use Fee payment will be forwarded by Licensee to Licensor within forty-five (45) days after the Commencement Date. Additionally, Licensee agrees to pay a one-time fee in the amount of Twelve Thousand and No/100 Dollars ($12,000.00) to Licensor within forty-five (45) days of the Commencement Date . The Use Fee shall be due on the 5th day of each month and shall be delinquent, if not paid by the 10th day of the month. Interest shall accrue on the unpaid balance of delinquent payments at the rate of 1.5% per month.

Attachment 1

2 b. In year two (2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised, the monthly Use Fee shall increase by the percentage change in the Consumer Price Index (CPI) during the preceding calendar year (January to December), but not to exceed 3%. CPI means the index for all urban consumers (1982-1984 = 100), U.S. City average, all items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, “CPI” shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between the Licensor and Licensee.

3. Indemnification. Licensor and Licensee shall indemnify, defend and hold the other harmless against any third party claims, liabilities, losses, costs, expenses and damages (including reasonable attorneys’ fees and costs) from any: (i) material breach by the indemnifying party of any provision of this Agreement; or (ii) personal injury or property damage to the extent resulting from or arising out of any action (or inaction where action is required or advisable) by the indemnifying party, or its employees, agents, or contractors, related to use of the generator. This Section 3 shall survive the expiration or earlier termination of this Agreement.

4. Term.
(a) The initial term of the Agreement will be five (5) years (the “Initial Term”), commencing on the Commencement Date. The Initial Term will terminate on the fifth (5th) anniversary of the Commencement Date.
(b) This Agreement will automatically renew for two (2) additional five (5) year terms (each additional five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions set forth herein unless Licensee notifies Licensor in writing of Licensee’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or the thenexisting Extension Term.

5. Limitations of Liability. Neither party shall be liable to the other, or any of their respective agents, representatives, or employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

6. Other.
a. Without conducting any inspections or other investigations and except as provided in Section 1 of this Agreement, Licensor is not aware of any physical conditions within the Premises Area where the generator and related appurtenances are located that adversely impact Licensee’s use of the generator.
b. Licensor authorizes Licensee to prepare, execute and file all required applications to obtain any government approvals for Licensee’s use of the generator under this Agreement and agrees, at Licensee’s request, to reasonably assist Licensee with such applications and with obtaining and maintaining the government approval.

3 As to such government approvals, the City of Ukiah acting in its regulatory capacity, will accept and process any such applications impartially and as required by law. Subject to the provisions of this Agreement, where applicable law governs how the generator will be used, Licensee may use Licensor’s generator in the manner set forth in applicable law.
c. Licensor does not have any rights, duties, or responsibilities to alter, maintain, or otherwise use Licensor’s generator outside of the use described in Section 1 of this Agreement.

7. Termination. Licensee may terminate this Agreement by written notice to Licensor at any time, and the Use Fee set forth in Section 2 shall not take effect or shall be cancelled, as applicable, following any such termination. Within one hundred twenty (120) days after termination of this Agreement, Licensee shall remove its equipment related to use of Licensor’s generator from the Premises Area; provided that any portions of such equipment that Licensee fails to remove within such period and cessation of Licensee’s operations at the Premises Area shall be deemed abandoned. In that event, Licensor shall have the option to retain the abandoned equipment or remove and dispose of it and Licensee shall pay all costs of removal and disposition. Licensee shall repair any damage, less ordinary wear and tear, to the generator and its appurtenances and the Premises Area caused by Licensee’s removal activities.

8. Notices. All notices, requests, demands, and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Licensee’s fee payments shall be made by check or electronic funds transfer and shall be deemed made when received by Licensor or credited to a Licensor bank account, whichever first occurs.

Notices will be addressed to the parties as follows.

If to LICENSOR: If to LICENSEE: New Cingular Wireless PCS, LLC Attn: TAG - LA
Re: Cell Site # CNU0967
Cell Site Name: Ukiah Downtown
(CA)
Fixed Asset #: 10129956
1025 Lenox Park Blvd NE
3rd Floor
Atlanta, GA 30319
With copy to: New Cingular Wireless PCS, LLC
Attn: Legal Department
Re: Cell Site #
Cell Site Name: Ukiah Downtown
(CA)
Fixed Asset #: 10129956
208 S. Akard Street
Dallas, Texas 75202-4206

4 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein.

5 IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Generator Share Agreement on the dates set forth below.

LICENSOR: LICENSEE:

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

Print Name: Print Name:

Its: Its:

Date: Date:

6 EXHIBIT A
(Specifications for Generator Connection)
(Attached on the following pages)

CITY OF UKIAH
´ Date Saved: 7/1/2022 8:36:37 AM
Public Works

4011.

AT&T Thomas H. Lowe
Managing Director — Corporate Deveiopment
AT& T Inc
COU No. 1415 - 193 -Al
January 6, 2020
By: Federal Express
City of Ukiah
300 Seminary Road
Ukiah, CA 95482
Attn: City Manager
RE: Request for Consent regarding the Ground License for the following Tower Site 300 Seminary Road, Ukiah, CA 95482 (the " Property"); AT& T FA # 10129956 Dear Sir/ Madam,
The undersigned, as tenant ("Tenant") under that certain license with you dated 03/ 03/ 2016 ( as heretofore amended and assigned, if applicable, and together with any related easements or other appurtenances) ( the License") intends to assign its interest in the License to Octagon Towers, LLC, or one of its affiliates Buyer"), in connection with Buyer' s acquisition of the communications tower located on the Property. As part of the assignment, ( i) Buyer will assume all obligations under the License arising on and after the date of assignment (" Assignment Date") and (ii) Tenant will leaseback from Buyer space on the Property for Tenant' s ongoing provision of its wireless operations.

To the extent required by the License, we hereby request your consent to the foregoing assignment and leaseback, along with your acknowledgement that, effective upon the Assignment Date, the undersigned Tenant, as assignor, shall have no further rights or obligations with respect to the License to the extent accruing on or after the Assignment Date. This is to confirm that the undersigned Tenant shall remain fully responsible to landlord for any obligations arising under the License for the period prior to the Assignment Date.

To confirm your consent and acknowledgement, please sign below and return a copy of this letter by FedEx in the enclosed pre -paid FedEx envelope as soon as possible.

In addition, the enclosed Estoppel Certificate is being requested. Kindly review, complete any relevant information, sign and return as soon as possible.

Your prompt attention to this request is greatly appreciated. If you have any questions, you are authorized and directed to please contact Buyer's counsel, Jamie Chapman, at Thompson Hine LLP at (216) 566-5647.

Sincerely,

NEW CINGULAR WIRELESS PCS, LLC
By: Thomas H. Lowe
AGREED AND ACKNOWLEDGED:

City of Ukiah
By: ` _. `
i
Name. Sage Sangiacomo
Title:

City Manager
Date: 06/ 11/ 2020
Enclosure
2019 AT& T itttellectua! Prope- t . All rignsreserv. e . ATLI. and the Giote logo are registered trademarks of AT& T rnteltectua! Propert;_

AT&T
cc: City of Ukiah
405 W. Perkins St.

Ukiah, CA 95482
Attn: Ukiah City Attorney, David J. Rapport, Esq.

RJ 2028 AT& T tnt Hectual Property. Alt rights reserved. AT& 1 and the Globe -logo are registered trademarks of AT& Ttnteltectual Property

GROUND LICENSOR ESTOPPEL CERTIFICATE
GROUND LICENSE FA# 10129956)
This Ground Licensor Estoppel Certificate ( this " Certificate") is made by the party identified as the ground licensor in the signature block below (" Ground. Licensor") for the benefit of the Ground Licensee identified below and Octagon Towers, LLC and its subsidiaries collectively, " Buyer").

RECITALS:

A. NEW CINGULAR WIRELESS PCS, LLC (" Ground Licensee") is the Licensee of certain real property pursuant to a lease or license agreement ( the " License") dated 03/ 03/ 2016, by and between Ground Licensor and Ground Licensee, relating to premises described in the License.

B. Ground Licensee intends to assign its interest in the License to Buyer and Buyer intends to assume the obligations under the License.

C. In connection with the proposed assignment, Ground Licensee and Buyer have requested this Certificate from Ground Licensor.

Estoppel Certificate. Ground Licensor certifies to Ground Licensee and Buyer that the following statements are true as of the date hereof:
a) Ground Licensee is the current Ground Licensee under the License ( a full copy of which, including all amendments thereto, is annexed as Exhibit A); b) The License is in full force and effect, has not been assigned by Ground Licensor to any other party and contains the entire agreement between Ground Licensor and Ground. Licensee with respect to the premises described in the License; c) The Commencement Date under the License was March 3, 2016, and the current term of the License will end on March 2, 2021, subject only to the Ground Licensee' s options to renew the License for five successive periods of five years each.

The current monthly base rental is $ 3, 535. 77 . Monthly rent under the License has been paid through June 30 , 2020; and
d) No default exists under the Lease on the part of Ground Lessor or Ground Lessee, and, to Ground Lessor' s knowledge, no event or condition has occurred or exists which, with notice or the passage of time or both, would constitute a default by Ground Lessee under the Lease.

City of Uldah
By:

Executed as of . lune 11
Sage Sangiacomo
2020.

EXHIBIT A
GROUND LEASE ATTACHED BEGINNING ON NEXT PAGE]
2

j3 -Al

RESTATED AND AMENDED LICENSE AGREEMENT

BETWEEN

CITY OF UKIAH
AND

NEW CINGULAR WIRELESS PCS, LLC
THIS RES'TATED AND AMENDED LICENSE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below ("Effective Date"), is entered in Ukiah, California, by and between the City of Ukiah (" City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company (" Licensee"). City and Licensee may be referred to herein individually as a "Party," and collectively as the " Parties." RECITALS:

A. City owns that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at 300 Seminary Avenue, in the City of Ukiah, County of Mendocino, State of California ( collectively, the Property"). Licensee desires to use a portion of the Property in connection with its federally licensed communications business. City desires to grant to Licensee the right to use a portion of the Property in accordance with this Agreement.

B. City and Licensee' s predecessor -in -interest, Edge Wireless, LLC, an Oregon limited liability company (" Edge"), entered into that certain License Agreement dated July 17, 2001, as amended by the First Amendment to License Agreement dated June 13, 2005 collectively, the "Original Agreement"), whereby City licensed to Edge ( i) a portion of the Property comprising approximately two hundred ninety- two (292) square feet (" Premises A") as more particularly described and/ or depicted in Exhibit 2, and ( ii) and a separate area comprising approximately six hundred twenty ( 620) square feet upon which an equipment shelter Equipment Shelter Area") has been installed, and which area forms a portion of Premises B as defined in Section 1 below).

C. Licensee succeeded to all of the right, title and interest of Edge in and to the Original Agreement.

D. City and Licensee further amended the Original Agreement pursuant to that certain Second Amendment to License Agreement dated as of May 21, 2013 (" Second Amendment").

E. The Original Agreement as amended by the Second Amendment are hereinafter collectively referred to as the " Existing Agreement".

AT& T Site CNU0915 ( Ukiah DT Police) Restated and Amended License Agteetnent 02J5. 16

F. The Parties now wish to amend and restate in their entirety all of the terms, covenants and conditions of the Existing Agreement.

AGREEMENT:

NOW, THEREFORE, in consideration of the above -recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee now amend and restate the Existing Agreement in its entirety, and agree as follows:

I. License, Construction of New Tower, Surrender of Premises A & Transfer of Existing Tower.
a) License. Subject to the terms and conditions set forth in this Agreement, City grants to Licensee the following:
i) a non-exclusive license coupled with an interest to Premises A; ii) a non- exclusive license coupled with an interest to those portions ofthe Property as follows:

A) the Equipment Shelter Area;
B) an area comprising approximately Two Thousand One Hundred Sixteen 2, 116) square feet for Licensee' s installation of a new communications tower (" New Tower Area");
C) an additional five feet (5') on either side of a centerline for a distance ofapproximately three hundred thirty- four feet ( 334') [ comprising approximately Three Thousand Three Hundred Thirty -Five ( 3, 335) square feet] (the " Underground Conduit Area"), all as more completely described or depicted on attached Exhibit 3. ( The Equipment Shelter Area, the New Tower Area and the Underground Conduit Area are collectively referred to herein as Premises B"); and
iii) a non- exclusive license over the Property for access to the Premises ( as defined below) from the nearest public right- of-way, subject to the terms and conditions set forth in this Agreement. Premises A and Premise B are hereinafter sometimes collectively referred to as the Premises".
b) Testing of Premises B. Prior to commencing the use of Premises 3 and during the Term, Licensee and its agents, engineers, surveyors and other representatives will have the right, but not the obligation, to enter upon Premises B to inspect, examine, conduct soil borings, drainage testing, material sampling, and other geological or engineering tests or studies of Premises B collectively the " Tests") subject to limitations set forth herein, and otherwise to do those things on Premises B that, in the opinion of Licensee, are necessary to determine the physical condition of Premises B. the environmental history of Premises B, City' s title to Premises B, and the feasibility or suitability of Premises B for Licensee' s permitted uses, all at Licensee' s expense. In conducting any Tests or other activity pursuant to this Section 1( b), Licensee shall not interfere with the regular business of the City conducted in or around Premises B. Licensee shall consult with City on the Tests or other activities it plans to undertake and schedule and conduct those

activities only as approved by City. Licensee shall notify the City in writing whether the Premises is suitable for the permitted uses within 120 days following the Effective Date. If Licensee determines that the Premises are not suitable for the permitted uses, it shall restore the Premises to the condition it was in before Licensee performed Tests or other activity to make the determination and this Agreement shall terminate when Licensee has restored the Premises to its previous condition to the approval of City which shall not be unreasonably withheld or delayed. c) Construction of New Tower. Following the Effective Date and Licensee' s determination that Premises B is suitable for the permitted uses, Licensee shall construct a new monopine or other antenna structure (" New Tower") in the New Tower Area of Piemises B for the transmission and reception of communications signals in accordance with the plans and specifications attached hereto as Exhibit 4. City and Licensee agree that any portion of the Licensee' s Facilities ( as defined in Section 2 below) that may be conceptually described on Exhibit 4 will not be deemed to limit Licensee' s permitted uses set forth herein. IfExhibit 4 includes drawings of the initial installation of the Licensee' s Facilities in Premises B, City' s execution of this Agreement will signify City' s approval of Exhibit 4. Licensee shall not commence the construction of the New Tower (" New Tower Work") until it has been issued any permits required for the New Tower Work, including, but not limited to, a building permit to Licensee following Licensee' s application for same. All New Tower Work shall be performed in accordance with the terms and conditions set forth in Section 8 below. Portions of the New Tower Area in reasonable proximity of the New Tower may be used by the City in a reasonable manner by the City for the parking of vehicles, access to City buildings on the Property, landscaping and any other municipal uses, provided that such uses shall not materially and adversely interfere with Licensee' s use of the New Tower, the Underground Conduit Area or the access rights of Licensee and its sublicensees to any other portion of Premises B. d) Removal of Antennas and Equipment from Existing Tower. Within thirty ( 30) days following the last to occur of (i) the completion of the New Tower Work, (ii) the commencement of on -air operations of Licensee' s Facilities installed upon the New Tower in Premises B, and ( iii) the commencement of on -air operations of Licensee' s existing sublicensee, California Rural Service Area # 1, Inc., a California corporation (" U. S. Cellular"), communications facility (" U.S.

Cellular Facilities") in Premises B, Licensee shall continence and diligently prosecute to completion the removal of all portions of the License Facilities and the U. S. Cellular Facilities located on its existing lattice tower (" Existing Tower") located in Premises A. Licensee shall promptly cause the repair of any damage to the Existing Tower caused by the removal of the Licensee' s Facilities or the U. S. Cellular Facilities at its sole cost. e) Surrender of Premises A & Transfer of Existing Tower. Upon completion of the removal of all portions of the Licensee' s Facilities located on the Existing Tower and all portions of the U. S. Cellular Facilities located on the Existing Tower pursuant to Section 1( d) above, as reasonably determined by City in consultation with Licensee, Licensee shall promptly surrender possession of Premises A to City in its " as is, where is" condition, and City shall accept such surrender, and thereafter, Licensee shall have no further rights to, or obligation or liability arising 3 AT&T Site CNU0915 ( Ukiah PT Polix) Restated end Amended License Agreement 02. 15. 16

age,.,
from or in connection with Premises A. Such surrender of possession of Premises A by Licensee shall not effect in any manner the licensing of Premises 13 by City to Licensee pursuant to this Agreement, or any of the other terms and conditions of this Agreement. Additionally, upon Licensee' s surrender of possession of Premises A, ownership of the Existing Tower shall automatically transfer from Licensee to City in its " as is, where - is" condition, and without warranty express or implied, and without the necessity of a further writing exchanged between City and Licensee. Thereafter, Licensee shall have no further rights to, or obligation or liability arising from or in connection with the Existing Tower. Notwithstanding anything to the contrary set forth in this Section 1( e), in the event that this Agreement is terminated prior to the transfer of ownership of the Existing Tower as a result of a casualty event which has resulted in substantial damage to, or total destruction of the Existing Tower, then City shall have no right to elect to take ownership of the Existing Tower.

2. Use ofPremises.
a) Use of Premises. Subject to the terms and conditions of Section 1 above, Licensee may use the Premises solely for the purpose of (i) operating the Existing Tower, antennas, equipment shelter, and related equipment ( collectively, " Licensee' s Facilities") in their current location, and ii) installing and operating the New Tower and Licensee' s Facilities in their locations as generally depicted in Exhibit 4, for the transmission and receipt of radio -telephone and other electrical signals for PCS/ cellular telephone service under the FCC authorization issued to Licensee in a manner that does not interfere with City' s use of the Existing Tower for its communications facilities that are operated by City in compliance with Laws ( as defined below). Subject to the terms and conditions ofthis Agreement, Licensee shall have a right ofaccess to the Premises that includes the placement of utility facilities underground to service the Premises in accordance with an encroachment permit issued by the City to Licensee at no additional cost, other than generally applicable fees or charges associated with such permits or other entitlements required by law, including City ordinances and resolutions. Licensee shall not locate any other antennas on the Existing Tower or related equipment on Premises A used by any other person or entity or for any other purpose without the consent and agreement ofthe City. Licensee shall comply with all applicable federal, state, and local laws, orders, rules and regulations ( collectively, " Laws"), applicable to Licensee' s use ofthe Licensee' s Facilities on the Property. City agrees to comply with all Laws.
b) The City shall have the right to approve the design and construction of any new facilities on the Premises, including the construction or relocation ofthe Existing Tower. Subject to the terms and conditions set forth in Section 1 above, which among matters, set forth the terms and conditions under which Licensee transfers all its right, title and interest in the Existing Tower to the City, Licensee shall remain the owner of the Existing Tower, the New Tower, its equipment shelter, and its equipment installed on the Existing Tower and on the New Tower or inside the Equipment Shelter. The City is granted a license by Licensee to use one rack inside Licensee' s equipment shelter in the Equipment Shelter Area. The foregoing right is personal to the City and may not be transferred to or shared with any other party. Upon termination ofthis Agreement by Licensee (other than as a result of a material breach by City) or if Licensee provides notice that it will not exercise any of its 4

options to renew this License, the New Tower and the equipment shelter in the Equipment Shelter Area shall become the property of the City in " as is, where is" condition, provided, however, that the Licensee Facilities shall remain the property of Licensee. If the City terminates this License ( other than as a result of a default by Licensee), the New Tower and the equipment shelter shall remain the property of Licensee.

3. Term ofLicense Agreement.
a) The initial term of this Agreement shall commence upon the Effective Date and shall expire five ( 5) years thereafter ( the " Initial Term"). b) Option to Renew. Licensee shall have the option to renew this Agreement for up to four (4) additional terms of five (5) years each ( each additional five ( 5) year term is hereinafter referred to as an " Extension Term"), upon a continuation of all the same provisions hereof. Each option to extend this Agreement shall be automatically exercised by Licensee or its successors, unless written notice is sent by certified mail, addressed to the City at the address shown in Section 21 below, three ( 3) months prior to the expiration of the Initial Term or the applicable Extension Term, as the case may be. The Initial Term, and any Extension Terms exercised, shall hereinafter collectively be referred to as the " Term".

4. Termination. Licensee shall have the right to terminate this Agreement or any extension thereof at any time upon giving the City sixty ( 60) days' written notice. If this Agreement is terminated, all antennas and equipment belonging to and installed by Licensee shall remain the property ofthe Licensee. The New Tower and the Existing Tower, equipment shelter and City owned antennas and equipment shall remain the property of the City provided, however, that if this Agreement is terminated by Licensee due to an uncured default by City, then at Licensee' s option, Licensee may elect to remove the New Tower and seek reimbursement from City for all costs of removal including transport of the New Tower or leave the New Tower in place in " as is, where is" condition, in which case City shall reimburse Licensee for Licensee' s unamortized cost of the New Tower. Upon the termination ofthis Agreement, Licensee shall have one hundred twenty ( 120) days to remove its antennas and equipment from the New Tower and shelter. In removing its antennas and equipment from the Premises, Licensee shall not cause a public or private nuisance or otherwise materially and adversely interfere with City' s use of the Existing Tower or City' s antennas and related facilities. Licensee shall indemnify and hold City harmless from any cost, damage, or liability arising from any material and adverse interference to City' s use of the Existing Tower or City' s antennas and related facilities caused by Licensee or its officers, agents, employees or contractors during such removal, except to the extent attributable to the negligent or willful act or omission of City, its employees, agents or independent contractors. Following City' s compliance with applicable written notice and time periods pertaining to City belief that License' s antennas and equipment have been abandoned, any equipment remaining on Premises B after the later of one hundred twenty ( 120) days following the expiration or earlier termination of this Agreement and the date following the time period that Licensee must respond to the City' s written notice of belief of abandoned property, thereafter, become the property of the City, which it may 5 AT& T Sae CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 0215. 16

use or dispose of as it sees fit. Licensee shall pay any costs to dispose of the antennas or equipment, ifthe City elects to dispose of it. Any such costs shall be reduced by the amount, if any, received by the City for the sale of same.
5_ License Fee & Administrative Fee.
a) Initial License Fee. Commencing on the first ( 1n day of the month following the Effective Date (" License Fee Commencement Date"), Licensee shall pay a license fee (" License Fee") in the amount ofTwo Thousand Three Hundred Eleven and 601100 Dollars ($2,311. 60) per month, which shall be due on the first day of each calendar month following the Effective Date during the Term. The License Fee shall be payable to the City of Ukiah and must be received by the City Finance Department located at 300 Seminary Ave., Ukiah, CA 95482, by 4 p.m. PST on the first day of each month. License Fees not received by the tenth ( 1011`)
day following that date
and time shall be considered delinquent. Delinquent License Fees shall be subject to a late fee of One Hundred Dollars ($ 100) and interest on the unpaid balance, including unpaid late fees, until paid in full, at the rate of Ten Percent ( l0%) per annum or the maximum rate of interest allowed by law, whichever is less. Notwithstanding the foregoing, City hereby grants to Licensee a onetime grace period of forty- five ( 45) days following the License Fee Commencement Date to forward the initial payment of the License Fee to City. b) Intentionally omitted]
c) Annual License Fee Increase. On every one ( 1) year anniversary of the License Fee Commencement Date, the monthly License Fee shall be increased by Five Percent ( 5%) over the monthly License Fee paid during the previous year.
d) One -Time Administrative Fee_ Within forty- five ( 45) days following the Effective Date, Licensee shall pay to City a one-time administrative fee of Five Thousand and No/ 100 Dollars ($ 5, 000. 00) in connection with City' s review and execution of this Agreement. e) Possession of Premises_ Licensee shall not be entitled to take possession of Premises B ( other than the Equipment Shelter Area) and commence work to construct the New Tower unless Licensee has paid all fees then due.

6. Utilities. Licensee shall solely and independently be responsible for all costs of providing utilities including the separate metering, billing, and payment of utility services consumed by Licensee' s operations to ( i) Premises B and ( ii) Premises A, provided, however, that Licensee' s responsibility for utilities serving Premises A shall end immediately when the Existing Tower on Premises A is transferred from Licensee to the City.
6

7. Property Taxes,
a) Licensee shall pay the personal property taxes levied against the Licensee' s Facilities and the real estate taxes levied against the land underlying Premises A until the date that Licensee surrenders possession of Ptci ises A to the City pursuant to Section 1( e) above, if any, and the real estate taxes levied against the land underlying Premises B, if any. If the classification of the land for tax purposes changes as a result of Licensee' s commercial use, then Licensee shall be responsible for increases attributable to such commercial use. b) The Premises is exempt from real and personal property taxes as City owned property. Licensee shall be solely responsible for any personal property or possessory interest taxes resulting from its use of the license of the Premises during this Agreement.

8. Maintenance and Repairs and Related Access.
a) Subject to the procedures and the payment of costs as further set forth in this Section 8, Licensee shall maintain Licensee' s Facilities ( the New Tower, Licensee' s Facilities serving the New Tower, Licensee' s equipment installed on the New Tower, Licensee' s equipment shelter and Licensee' s equipment in the equipment shelter) in good repair and working order, shall prevent the Licensee' s Facilities from deteriorating and shall promptly make repairs to the Licensee' s Facilities, when necessary to maintain them in good repair and working order, and may at its own expense alter or modify the Licensee' s Facilities to suit its needs consistent with the intended use of the Premises and provided, such modifications do not interfere with the City' s communication facilities located on the Existing Tower, nor with the City' s use of Premises A and surrounding property. Licensee shall not be responsible for maintenance ofthe City' s communication facilities located on Premises A, except any such repairs made necessary by Licensee' s activities on the Premises.
b) Not less than seventy- two ( 72) hours before commencing any work on the Premises or on any other City property, whether Licensee uses its own employees or independent contractors or is authorizing a sublicensee to commence any work on the Premises, Licensee shall:
i) Provide City with written notice of the name and contact information for the Licensee' s employee authorized to request access to the Premises on behalf of Licensee. All requests for access to the Premises must come from an employee ofLicensee, and the City reserves the right in City' s discretion to deny access to the Premises from a vendor or contractor ofLicensee until and unless a written request for access is provided from an employee of Licensee. The City and the City' s Police Department shall provide Licensee with the name and email address of the designated official to grant requests for access al the beginning of each year or any time there is a change in the designated official.

AT& T Site CNU0915 ( Ukiah DT Police) Ratted and Amended Liccnsc Agreement 02. 15. 16

ii) File with the City' s Police Department a detailed description of the location where the work will be performed, the specifications for the work, the name, contact information and scope of work to be performed by each subcontractor, number of people requiring access to the Premises with their names, phone numbers and company information, and a schedule for commencing and completing the work.
iii) Receive approval from the City' s Police Department for the work and the schedule;
iv) Apply for and obtain any building or other applicable permits required by the Ukiah City Code, including building permits, site development or use permits and encroachment permits;
v) Deposit with the City money to cover the City' s costs in reviewing and approving the work plan and in supervising and inspecting the work or the work areas. The amount of the deposit shall be determined by the City' s Police Department based on the City' s estimate of the time required ofCity employees multiplied by an hourly rate for the employees' time to include cost of salaries, benefits and associated overhead, and any other expenses incurred by City in performing these services. Within thirty (30) days after Licensee' s receipt of written notice and invoice from City of the actual cost of such service, accompanied by reasonable substantiation of any such cost and expense, any portion ofthe deposit that exceeds the actual cost shall be refunded to Licensee. Within that same thirty ( 30) day period, Licensee shall pay City any portion of the actual cost that exceeds the amount of the deposit.
vi) Those accessing the Premises to perform work must check in at the prearranged time at the front counter of the City' s Police Department and have with them the necessary codes and keys to access the Premises. They must have in their possession and produce upon demand verifiable identification and proof of employment with the company that has been granted pre -arranged access.
vii) In the event emergency access is needed for equipment failure or malfunction those needing access must come to the City' s Police Department Night Entrance and gain approval for access from the on -duty Police Watch Commander and be prepared to demonstrate identity as stated in Section 8( b)( vi) above. viii) Access for regular equipment maintenance or inspection may be granted to specific persons by presenting an annual schedule in advance at the beginning of each calendar year to the Ukiah Police Department for consideration and approval. ix) All access, any time, regardless of the reason, by each person and company accessing the Premises must be Iegibly logged in with each person' s name, company name, valid contact information and the date, time and reason for access in the Licensee' s log book stored in 8

the tower shelter. The log book shall remain in the tower shelter and not be removed without prior approval of the City' s Police Department.
x) In addition to any other remedies available to the City to enforce the requirements ofthis Agreement, failure to comply with any ofthe above listed access requirements may be cause for the City' s Police Department to deny future access to Licensee' s vendor which violates these procedures or to remove from the Premises or arrest those persons who the City' s Police Department have probable cause to believe to be trespassing on the City' s Property.

9. Non -Interference.
a) Licensee agrees to install equipment of types and frequencies which will not cause interference to the communications equipment of the City. in the event Licensee' s equipment causes such interference, Licensee shall cooperate with City in determining the source and will immediately take all steps necessary to correct and eliminate the interference. If said interference cannot be eliminated within forty-eight (48) hours after receipt of notice from City to Licensee of the existence of such interference and City has determined Licensee' s equipment to be the source of said interference, Licensee shall discontinue use of the equipment creating said interference.

Licensee shall shut down the interfering equipment except for intermittent operation for the purpose of testing after performing any maintenance, repair, modification, replacement or other action for the purpose of correcting such interference. If such interference is not corrected within thirty ( 30) days after receipt of the aforesaid notice, Licensee shall remove the interfering equipment from the Premises. In the event that the cause of such interference cannot be pinpointed to a particular piece of equipment or system, Licensee shall disconnect the electric power and shut down all of its equipment until such time as the interference problem is corrected. If such interference is not corrected within thirty ( 30) days after receipt of the aforesaid notice, Licensee shall remove its equipment from the Premises within an additional ten ( 10) day period. The Agreement shall then terminate without further obligations then owing or past -due and except as may otherwise be specifically enumerated herein. City shall not be liable to Licensee for any interruption of service of Licensee or for interference with the operation of Licensee' s equipment. b) Notwithstanding the foregoing, in the event that said interference interferes with City' s own equipment and in City' s sole judgment, said interference jeopardizes the safe operation of City' s operations, Licensee will be responsible for eliminating the interference within twentyfour (24) hours, upon becoming aware of such interference. City reserves the right to disconnect power to the interfering equipment if Licensee is unable to eliminate said interference within twenty- four ( 24) hours of said notification.
c) Licensee has satisfied itself and hereby represents and warrants to City that no such interference shall result to the currently existing systems of City. Licensee agrees to indemnify, hold harmless and defend City against any claim or damage, including reasonable attorney' s fees, arising out of such interference These obligations shall extend to any additional or different communications equipment installed by City on the Existing Tower after the Effective Date, 9 AT&T Site CNU0915 ( Ukiah DT Police) Restated and Amended License Agreement (12. 15, l6

provided that City shall give at least sixty ( 60) days' advance written notice to Licensee of City' s plans for adding any such equipment, and a reasonable opportunity thereafter for Licensee to meet and confer with City before adding such equipment, If Licensee reasonably identifies that such new equipment could create interference with Licensee' s Facilities, then City and Licensee shall use reasonable efforts to develop solutions which would resolve or minimize such interference, provided, however, that the parties acknowledge that if City and Licensee are unable to develop solutions after reasonable efforts to do so, that City' s need to add equipment related to police and/ or emergency response capability on the Existing Tower shall be paramount whether or not the City' s equipment causes interference with Licensee' s Facilities. d) Licensee shall be responsible for performing all engineering studies to ensure that the placement of its equipment at the Premises will not cause interference with any existing equipment or equipment the parties contemplate the City to install on the Existing Tower or which uses or relies upon those facilities.
e) If any future equipment installed by Licensee or its sub -licensees interferes with the City' s communications, the City' s needs shall prevail over any conflicting needs of Licensee or its sub -licensees and they shall be required to modify or remove their interfering equipment. f) Licensee shall not use the Premises in any other way which interferes with the use ofPremises A by City, the provision of services to City' s customers, or the use of the Premises by other tenants or licensees of City. Similarly, except as otherwise specifically provided in this Section 9, City shall not use, nor shall City permit its tenants, licensees, employees, invitees or agents to use any portion of City' s real property in any way which unreasonably interferes with the operations of Licensee. Such interference shall be deemed a material breach by the interfering party who shall, upon written notice from the other party, be responsible for terminating such interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured party' s exclusive remedy shall be the right to bring an action to enjoin such interference and/ or to terminate this Agreement.

10. Mutual Indemnification.
a) Licensee shall indemnify, defend and hold City harmless from and against any claim, taw suit, judgment, loss, damage, cost or injury caused by, or on behalf of, or through the fault of Licensee, or its contractors, subcontractors, or sub -licensees, or in any way directly resulting from the presence of Licensee, or its contractors, subcontractors or sub -licensees upon City' s lands, including the Premises, or any associated easements. As used in this Section 10( a), City" includes its officers and employees.
b) City shall indemnify and hold Licensee harmless from and against any Toss, damage, cost or injury caused by, or on behalf of, or through the fault of the City. Nothing in this Section 10 shall require a party to indemnify the other party against such other party' s own willful 10

or negligent misconduct.

11. Insurance. Licensee shall, at all times during the Term of this Agreement at its cost and expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of this Agreement at City' s option.

If Licensee fails to procure and maintain the insurance described below, Licensee shall be in material breach of this Agreement. In case of breach, City, at its election, shall have the right to terminate the Agreement or to procure and maintain, at Licensee' s expense, substitute insurance with right of offset against any money due Licensee.
a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
i) Insurance Services Office (" ISO) Commercial General Liability Coverage Forrn No. CG 00 01.
ii) ISO Form No. CA 0001 covering Automobile Liability, Code 1 " any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. iii) Worker' s Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.
b) Limits of Insurance. Licensee shall maintain limits of:
i) General Liability: S2, 000, 000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.
ii) Automobile Liability: $ 2,000,000 combined single limit per accident for bodily injury and property damage.
iii) Worker' s Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of 1, 000,000 per accident.
c) Self -Insured Retentions. Self-insured retentions must be declared to the City. d) Other Insurance Provisions. The required policies are to contain, or be endorsed to contain, the following provisions:
1) General Liability and Automobile Liability Coverages 11 AT& T Site CT' U0915 (Mia.'.' DT Police) Restated and Amended License Agreement 02. t 5. 16

A) The City, it officers, officials, employees and volunteers are to be covered as additional insured as respects; liability arising out of activities performed by or on behalf of the Licensee, products and completed operations of the Licensee, premises owned, occupied or used by the Licensee, or automobiles owned, hired or borrowed by the Licensee. The coverage shall contain no special limitations on the scope -of -protection afforded to the City, its officers, officials, employees or volunteers except shall not apply to sole negligence of additional insureds.

B) The Licensee' s insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Licensee' s insurance and shall not contribute with it.

C) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

D) The Licensee' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.

E) Worker's Compensation and Employers Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Licensee' s activities pursuant to this Agreement.
ii) All Coverages. Licensee shall provide at least thirty ( 30) days' advanced written notice to City of any cancellation or non -renewal of any required coverage that is not replaced.
e) Acceptability of Insurers. Insurance is to be placed with eligible California insurers with an A.M. Best' s rating of no less than A -VH for financial strength. f) Verification of Coverage. Licensee shall furnish the City with certificates of Insurance and with original endorsements effecting coverage required by this Agreement The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on ACCORD forms. All Certificates and Endorsements are to be received and approved by the City before the License Fee Commencement Date.
g) Subcontractors. IfLicensee uses contractors or subcontractors in its maintenance, repair, replacement, upgrading or other work on the Premises, it shall require reasonable and prudent coverage and limits from any of its subcontractors doing work hereunder. 12

h) Property Loss. Licensor shall not be liable for any loss or damage to Licensee' s property to the extent of the indemnification herein.

Notwithstanding the foregoing, Licensee shall have the right to self -insure the coverage required above. In the event Licensee elects to self -insure its obligation to include Licensor as an additional insured, the following provisions shall apply:

Additional Insured status:
i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Licensee, its employees, agents or independent contractors;
ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Licensor, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Licensor, its employees, agents or independent contractors; and iii) shall not exceed Licensee' s indemnification obligation under this Agreement, if any.

Licensor shall promptly and no later than thirty ( 30) days after notice thereof provide Licensee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Licensee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; Licensor shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Licensee; and Licensor shall fully cooperate with Licensee in the defense of the claim, demand, lawsuit, or the like. Licensee shall notify Licensor about the disposition of all claims by Licensee' s insurance carrier and shall provide Licensor with any information reasonably requested by Licensor concerning the Licensee' s insurance carrier' s response to the claim.

12. Opportunity to Cure Non -Monetary Defaults. Except as otherwise provided in Section 9, Non -Interference, above, if City or Licensee fails to comply with any non -monetary provision of this Agreement which the other party claims to be a default hereof, the party making such claim shall serve written notice of such default upon the defaulting party, whereupon a grace period of thirty ( 30) days shall commence to run during which the defaulting party shall undertake and diligently pursue a cure of the default. Such grace period shall automatically be extended for an additional thirty ( 30) days, provided the defaulting party makes a good faith showing that efforts toward a cure are continuing.
13 AT&T Site CN1. 10915 ( Ukiah DT Police) Restated and Arnendcd license Agreement 02. 15. 16

13. Transferability of Licensee' s Interest.
a) Licensee' s interest under this Agreement may only be assigned in connection with the transfer of Licensee' s FCC authorization to operate a communications facility at the Property and with the City' s prior written consent, which consent shall not be unreasonably withheld. b) Notwithstanding the foregoing, Licensee shall have the right to assign, sell or transfer (" Transfer") its interest under this Agreement upon not less than thirty (30) days prior notice to City ( but without the necessity of approval or consent of City), only to ( i) any Affiliate of Licensee, or ( ii) in connection with the sale of substantially all of Licensee' s assets in the FCC market area where the Premises are located, provided that any such Transfer shall not relieve Licensee from legal responsibility and liability for the performance of and full compliance with the terms ofthis Agreement. For the purposes ofthis Agreement, " Affiliate" shall mean any person or entity that controls, is controlled by, or is under common control with Licensee and possesses a net worth of at least Ten Million Dollars ($ 10, 000,000). " Control" of a person or entity means the power to direct the management or policies ofthat person or entity, whether through the ownership of voting securities, membership or partnership interests. Additionally, Licensee shall have the right to sublicense the use of Licensee' s Facilities only to any Affiliate of Licensee upon not less than thirty ( 30) days prior notice to City ( but without the necessity of approval or consent of City).

14. Sublicensing. With respect to any sublicensing of the New Tower, equipment shelter and ground space to any party other than an Affiliate of Licensee, upon giving City fourteen ( 14) days' prior written notice, and with the City' s consent, which consent shall not be unreasonably withheld, Licensee may sublicense the use of the New Tower, equipment shelter, and/ or ground space upon Premises B to other co -locators. In furtherance of such sublicenses, if the co -locator may require additional ground space from the City, then the City may make such additional ground space available on a " space available" basis pursuant to terms and conditions which are consistent with the terms and conditions of this Agreement. Additionally, except for any sublicense to any Affiliate of Licensee, Licensor shall be entitled to receive a fee from Licensee equal to fifty percent ( 50%) of the license fees, late fees and interest actually received from any such sub -licensee. Payment to City by Licensee ofthe City' s
fifty percent ( 50%) share of such sublicense fees shall be due ten 10) days after Licensee' s actual receipt of the payment of the sublicense fee from the applicable sub -licensee. Prior to the commencement date under any sublicense agreement for which the consent of City is required hereunder, Licensee shall provide City with a copy of the sublicense agreement and with notice of the date when fees are due and of the late fees and interest, if any, which are due for delinquent payments. U.S. Cellular is a current sub -licensee of Licensee, and Licensee shall pay to City Fifty Percent ( 50%) of the total monthly sublicense fee that U. S. Cellular pays to Licensee following Licensee' s receipt of such payment. As of the Effective Date, the total monthly sublicense fee that U.S. Cellular pays to Licensee is One Thousand Three Hundred Twenty and No/ 100 Dollars ($ 1, 320. 00) per month, of which, Licensee shall pay Six Hundred Sixty and No/100 Dollars ($ 660. 00) per month to City following Licensee' s receipt of the total monthly sublicense fee from U.S. Cellular.
14

15. Execution of Other Instruments. City agrees to execute, acknowledge, and deliver to Licensee other instruments respecting the Premises, as Licensee or Licensee' s lender may reasonably request from time to time, provided that any such instruments are in furtherance of, and do not substantially expand, Licensee' s rights and privileges herein established. Such instruments may include a memorandum of License Agreement which may be recorded in the county land records. City also agrees to reasonably cooperate with Licensee' s efforts to obtain all private and public consents related to Licensee' s use of the Premises, as long as City is not expected to bear the fmancial burden of any such efforts.

16. Ouiet Enjoyment. City covenants that Licensee shall have quiet and peaceable possession of the Premises throughout the Term as the same may be extended, and that City will not intentionally disturb Licensee' s enjoyment thereof as long as Licensee is not in default under this Agreement.

17. Subordination. Licensee agrees to subordinate this Agreement to any mortgage or trust deed which may hereafter be placed on the Premises, provided such mortgagee or trustee thereunder shall ensure to Licensee the right to possession of the Premises and other rights granted to Licensee herein so long as Licensee is not in default beyond any applicable grace or cure period, such assurance to be in form reasonably satisfactory to Licensee. If requested by Licensee, City agrees to use City' s best efforts to assist Licensee in obtaining from any holder of a security interest in the land underlying the Premises a non -disturbance agreement or attornment agreement in form reasonably satisfactory to Licensee.

18. Binding Effect. All of the covenants, conditions, and provisions of this License Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective permitted successors and assigns.

19. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or oral or written agreements between the parties respecting the within subject matter including, but not limited to all of the terms, covenants and conditions of the Existing Agreement_

20. Modifications. This Agreement may not be modified, except in writing signed by the party against whom such modification is sought to be enforced. 15 AT&T Site CNUO915 ( Ukiah DT Police) Restated and Amended License Agreement 02. 15. 16

21. Notices. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:

If to City:

With copy to:

If to Licensee:

City of Ukiah
Attention: City Manager
300 Seminary Road
Ukiah, CA 95482
Ukiah City Attorney
David J. Rapport, Esq.

Rapport & Marston
405 W. Perkins Street
Ukiah, CA. 95482
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site No.: CNU0915
Search Ring Name: Ukiah DT Police
Cell Site Name: Ukiah DT Police ( CA)
Fixed Asset No: 10129956
575 Morosgo Drive NE
Atlanta, GA 30324
With a copy to AT& T Legal Department:

New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept. — Network Operations
Re: Cell Site No.: CNU0915
Search Ring Name: Ukiah DT Police
Cell Site Name: Ukiah DT Police (CA)
Fixed Asset No: 10129956
208 S. Akard Street
Dallas, TX 75202- 4206
The copy sent to the AT&T Legal Department or to the City Attorney is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty ( 30) days prior written notice to the other as provided herein. 16

22. Emergency 911 Service. In the future, without the payment of additional rent and at a location mutually acceptable to City and Licensee, City agrees that Licensee may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services.

23. Memorandum of License. Either party will, at any time upon receipt of fifteen ( 1 5) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of License substantially in the form of Exhibit 5. Either party may record this memorandum at any time, in its absolute discretion.

24. [ Intentionally omitted.]

25. Force Majeure. Neither City nor Licensee shall be liable for any default or delay in the performance ofits obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, lightning, earthquake, elements of nature or acts of God, riots, labor disputes, delays in transportation, unavoidable casualty, inclement weather conditions, acts of public utilities, public bodies or inspectors, any delay or impediment caused by the other Party or a party under the direct control or supervision of such other Party, the acts or omissions of the other Party or any party under the direct control or supervision of such other Party, or any other cause beyond the reasonable control of such Party; provided, however, that the non-performing Party is without material fault in causing such default or delay ( collectively, a " Event of Force Majeure"). In the event of an Event of Force Majeure, the non- performing Party shall be excused from further performance or observance of the obligation( s) so affected for as long as such circumstances prevail and such Party continues to use its commercially reasonable efforts to resume performance.

26. Incorporation of Recitals. Recitals A through F are an integral part of this Agreement, and these Recitals are incorporated in this Agreement by reference.

SIGNATURES APPEAR ON FOLLOWING PAGE]
17 AT& T Sitc CNU0915 ( Ukiah DT Police) Restated and Amended License Agreement 0215. 16

IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement as of the Effective Date.

City" " Licensee"
City of Ukiah New Cingular Wireless, PCS, LLC,
a Delaware limited liability company
By:

Name: _ ,
rs•" YA_
7Its: E- Wl
s.....

Date: , 2016
By: AT& T Mobility Corporation
Its: Manager
1 By: \ CC' t
t(j
Name: Vani idler
Its: Manager II/
Date:__ -
Real Estate & Constr
ACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES'
18

CITY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State ofCalifornia
County of Iii EWBUL ( M)
On frJ/ Ctf 3/ aol(v before me, K-i2iS)1NE LA1VLc2, AirrAy insert name and title of the officer)
personally appeared SA -6,6 LGE Sk i 4r colt -to
who proved to me on the basis of satisfactory evidence to be the``person( s5 whose name( are subscribed to the within instrument and acknowledged to me that( she/ they executed the same in f
i,^sJtter/ their authorized capacity( is5), and that t
er/their signatures on the instrument the
personfid), or the entity upon behalf of which the person( s1 acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State ofCalifornia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature to,$))11,!_. Seal)
az
KRISTINE ROBIN MILER 1
COMM. # 1998485 z
rte
w
Notary Public - California c
ii Mendocino County
ItCOMM. E p es Nov. 17. 2016j
19 AT& T Site CNU0915 ( Ukiah DT Polim) Rectatcd and Amended License Agreement 02. 15. 16

15 03pdi- PV

LICENSEE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of Califo is ,
County of t' t
on ' 101( a9 before melm, 641Cr' ,' CA! Wt PteV)
insert name and title ofthe officer)
personally appeared Van] ( hU 11 - ei2
who proved to me on the basis ofsatisfactory evidence to be the person( sj'whose name( s/ j subscribed to the within instrument and acknowledged to me that) h% hey executed the same in t Ther/ heir authorized capacity(i , and that by t ' sther/ thair signatur ( s) on the instrument the person$, or the entity upon behalf of which the persons acted, executed the instrument - I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature -t1414 Seal)
K. A. MARTIC- KONGEAL
Commission #
20 California
Contra Costa County
My Cornet. Ez ir_s Dec 26. 2016

EXHIBIT 1

DESCRIPTION OF PROPERTY

The " Property" is legally described as follows:

The land referred to herein is situated in the State of California, County of Mendocino, City of Ukiah and described as follows:

Parcel One: ( APN 2-255-02)
Commencing at the Southeast comer of Clay and Dora Streets in said Ukiah City and running thence Easterly along the south Zine of Clay Street one hundred and fifty ( 150) feet; thence at right angles Southerly two hundred and fifty ( 250) feet; thence at right angles Westerly and parallel with Clay Street one hundred and fifty ( 150) feet to Dora Street and thence Northerly and along the East tine of Dora Street tow hundred and fifty (250) feet to the point of beginning.

Parcel Two: ( APN 2-255-03)
Beginning at the intersection of the Southerty line of Clay Street and the Easterly line of Dora Street; thence Easterly along the Southerly line of Clay Street 761. 60 feet to the Westerly line of Oak Street; thence Southerly along said Westerly line of Oak Street 456. 5 feet to the Northerly line of the North half of Jones Addition, the map of which was fried June 11, 1909 in Map Case 1, Drawer 3, Page 36, Mendocino County Records; thence Westerly along said Northerly tine 728 feet to the Easterly line of Dora Street:
thence Northerly along said Easterly line 445 feet to the point of beginning.

Excepting therefrom the following:

Commencing at the Southeast corner of Clay and Dora Streets in said Ukiah City and running thence Easterly along the South line of Clay Street one hundred and fifty ( 150) feet; thence at right angles Southerly two hundred and fifty ( 250) feet; thence at right angles Westerly and parallel with Clay Street one hundred and fifty ( 150) feet to Dora Street and thence Northerly and along the East line of Dora Street two hundred and fifty (250) feet to the point of beginning.

APN: 002- 255- 02 & 03
21 AT& T Site CNU0915 ( Ukiah DT Police) Restated and Amended License Agreement 0215. r6

EXHIBIT 2

DEPICTION OF PREMISES A

Depiction of Premises A Appears on Following One ( 1) Page] 22

NOTE:

AT& T TO RELEASE PREMISES A

BACK TO THE CITY OF UKIAH E) FENCED '
AREA

E) BUILDING

PREMISES A,
292 SQ. FT.

E) FENCED AREA

E) PLANTER
AREA
00' STEEL

MONOPINE
Peek Site—Com
12852 Eorhart Ave.

Suite 101
Auburn, California 95602
Phone ( 530) 885- 6160
in fo© peeksitecom. corn
r.
ilT:Pa‘
l
ate
a,.„....;
2700 WATT AVE
SACRAMENTO, CA 95821
LEASE

EXHIBIT
PROJECT NAME:

UKIAH

DOWNTOWN
PROJECT NUMBER:

CCI0O915
PROJECT ADDRESS:
300 SEMINARY AVE
UKIAH, CA 95982
EXHIBIT 1
2 NOT TO SCALE

EXHIBIT 3

DEPICTION OF PREMISES B

Depiction of Premises B Appears on Following Two ( 2) Pages] 23 AT&T Sitc CNU0915 ( Ukiah DT Police) Restated and Amended License Areemerd 02. 15. 16

1 CENTERLINE OF PROPOSED
10' WIDE AT& T FIBER

EASEMENT, PORTION OF
PREMISES B ± 333. 55' IN
LENGTH APPROX. 3335. 5
SQ. FT., FROM THE PUBLIC

RIGHT OF WAY TO AT& T

MOBILITY SHELTER
11 in`\\\`

E) TELCO VAULT
i
1\ \
L
E) ELEC. BOX
NEW 100'
STEEL

MONOPINE
Vi

E) BUILDING
E)
LATTICE _
TOWER

E) AT& T
EQUIPMENT .
l

SHELTER
I
4 Peek Site—Com.
12852 Earhort Ave.

Suite 101
Auburn, Cal fornix 95602
Phone ( 530) 885- 6160
info,.`• eeksitecom. com
y., 4417 ,
Hi''
ate14. 4. 3„,...,
tt.„:::::: 7
2700 WATT AVE
SACRAMENTO, CA 95821
LEASE

EXHIBIT
PROJECT NAME:

UKIAH

DOWNTOWN
PROJECT NUMBER:

CCL00915
PROJECT ADDRESS:
300 SEMINARY AVE
UKIAH, CA 95982
EXHIBIT 13. 1

NOT TO SCALE

E) U/ G AT& T
p,

FIBER CONDUIT

PORTION OF
2 o

PREMISES B,
0 3335. 5 SQ. FT.

E) FENCED
AREA

E) PLANTER
AREA

E) B( ILDING
f
2—

E) BUILDING

PORTION OF

PREMISES B,
2116 SQ. FT.

PORTION OF

PREMISES B,
620 SQ. FT.

Peek Site—COM
12852 Eorhort Ave.

II
Suite 101
Auburn, California 95602
Phone ( 530) 885- 6160
info ;,• eeksitecom. com
atQc4verm.....,,

34.,, „ v.,
2700 WATT AVE
SACRAMENTO, CA 95821
LEASE

EXHIBIT
PROJECT NAME:

UKIAH

DOWNTOWN
PROJECT NUMBER:

CCLA0915
PROJECT ADDRESS:
300 SEMINARY AVE
UKIAH, CA 95482
EXHIBIT 13. 2

NOT TO SCALE
0

ji z 2 1; & E: S • - i-sa.f .. P ; e 27
EXHIBIT 4

DESCRIPTION OF LICENSEE' S FACILITIES & NEW TOWER

Plan Set Dated November 14, 2014, Prepared by Peek Site -Com, Inc., Consisting of Twelve ( 12) Pages, Appears on Following Pages]

GENERAL NOTES
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SITE NUMBER: CCL00915
SITE NAME: UKIAH DOWNTOWN
300 SEMINARY AVE
UKIAH. CA 95482
FA# 10129956
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EXHIBIT 5

MEMORANDUM OF LICENSE
Memorandum of License Appears on Following Pages]
25 AT& T Site CNU091 5 ( Ukiah DT Police) Restated and Amended License Agreement 02. 1 5J6

Agenda Item No: 7.c.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1905

AGENDA SUMMARY REPORT
SUBJECT: Delegate City Manager Authority to Negotiate and Approve Mutual Aid Agreement for Emergency Assistance Among the City of Ukiah, City of Fort Bragg, City of Willits, City of Point Arena, City of Clearlake, and the City of Lakeport
DEPARTMENT: City Manager /
Admin PREPARED BY: Traci Boyl, Management Analyst
PRESENTER: Traci Boyl, Senior Analyst
ATTACHMENTS:

1. Mutual Aid - Cities 2022 FINAL
Summary: Council will consider authorizing the City Manager to negotiate and approve a Mutual Aid Agreement for Emergency Assistance Among City of Ukiah, City of Fort Bragg, City of Willits, City of Point Arena, City of Clearlake, and City of Lakeport.

Background: The City participates in numerous formal and informal agreements that enhance public safety and improve resiliency in our community. Several examples of these public safety and resiliency partnerships include an agreement between the City of Ukiah and the Fort Bragg Police Department to provide emergency dispatch services for the Fort Bragg Police Department, an agreement between the City of Ukiah Police Department and Ukiah Unified School District to coordinate School Resource Officers on the campus of Ukiah High School and Pomolita Middle School, and participation in a Voluntary Regional Water Sharing program to improve regional water management.

Discussion: Mendocino County and Lake County are potentially vulnerable to natural and manmade disasters, such as earthquakes, fires, pandemics, droughts, and other emergencies. As such, the cities desire to establish a Mutual Aid Agreement (Attachment 1) for use during an emergency to maximize the utilization of available supplies, distribution facilities, equipment, and personnel to prevent and combat the effects of disasters.

Staff recommends the City Council approve the Mutual Aid Agreement. The Mutual Aid Agreement provides the necessary mechanism to efficiently and effectively provide timely voluntary aid to participating cities in the event of emergencies or extraordinary or unusual circumstances, thereby improving community resiliency and increasing public safety.

Recommended Action: Delegate City Manager authority to negotiate and approve Mutual Aid Agreement for Emergency Assistance Among City of Ukiah, City of Fort Bragg, City of Willits, City of Point Arena, City of Clearlake, and City of Lakeport.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: City Manager's Office and City Attorney's Office

1 MUTUAL AID AGREEMENT PROVIDING FOR EMERGENCY

ASSISTANCE AMONG THE CITY OF UKIAH, CITY OF FORT BRAGG, CITY OF

WILLITS, CITY OF POINT ARENA, CITY OF CLEARLAKE, AND THE CITY OF

LAKEPORT
This Mutual Aid Agreement (“Agreement”) is made and entered into by and between the City of Ukiah (“Ukiah”), the City of Fort Bragg (“Fort Bragg”), the City of Willits, and the City of Point Arena in Mendocino County, and the City of Clearlake and the City of Lakeport in Lake County, which may be referred to herein individually as “Party” and collectively as the “Parties.”

RECITALS

1. The Parties recognize that Mendocino County and Lake County are potentially vulnerable to natural and manmade disasters, such as earthquakes, fires, pandemics, droughts and other emergencies. As such, the Parties desire to establish a mutual aid plan for use during an emergency to maximize the utilization of available supplies, distribution facilities, equipment, and personnel to prevent and combat the effect of disasters.

2. Mutual aid is defined as emergency assistance given from one public agency to another, under a prearranged agreement.

3. It is desirable that the Parties should be free to voluntarily aid and assist each other in a timely manner both in preparation for an emergency and in response to any emergency situation, or extraordinary or unusual circumstance, such as in the event of an earthquake, flood, fire, sabotage, riot, pandemic, drought or other emergency in Mendocino County or Lake County (hereinafter referred to as an “emergency” or “unforeseen circumstance”).

4. Such assistance may include the interchange of materials, resources, including potable, non-potable and recycled water (hereafter “resources”), facilities, services, equipment, and personnel to cope with the problems which would arise in the event of a major emergency or unforeseen circumstances.

5. Materials, resources, facilities, services, equipment and/or personnel are provided on the basis that the providing agency can continue operations and simultaneously meet the health and safety needs of its residents and businesses and the receiving agency has, or is about to, exhaust resources required to meet the health and safety needs of its residents and businesses.

6. The Parties are each willing to assume risks due to the use of resources, equipment, materials and personnel furnished by a Party; and

7. To the extent provided herein, the Parties agree to indemnify and hold each other harmless from any liability for injury, illness, or property damage incurred by a Party or its

2 employees, officers or agents, or by third parties in the course of, or as a result of a Party’s activities performed pursuant to this agreement.

8. This Agreement is not intended as a joint use or joint purchasing program.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:

AGREEMENT

1. MUTUAL AID: ADOPTION OF EMERGENCY PLANS. Subject to the terms and conditions of this Agreement, the Parties agree to furnish to each other resources, facilities, personnel, and services to respond to emergencies and unforeseen circumstances in accordance with duly adopted or hereafter duly adopted emergency plans. The Party making a request for mutual aid shall be called a "Recipient" and the Party giving aid and assistance shall be called a "Provider."

1.1 Emergency Plan. The Parties shall develop emergency plans ("Emergency Operation Plans") providing for the effective mobilization of their resources, facilities, and services to respond to any type of emergency.

1.2 Voluntary Participation. No Party to this Agreement shall be liable for its failure or inability to provide, or attempt to provide, assistance to any other Party. It is the intent of the Parties to provide assistance on a strictly voluntary basis. No Party shall be required to lend any items or to unreasonably deplete its own resources, facilities, and services in furnishing such mutual aid.

2. INTENT OF PROVIDER AND RECIPIENT. It is the intent hereof that each Recipient will use the procedures herein established only for emergency situations or unforeseen circumstances requiring resources beyond its existing resources, and only for as long as necessary to respond to those situations or circumstances. Each Provider should assist other Parties to the extent it can do so without detriment to its own needs or impairing its ability to perform its own normal work requirements. If the Provider determines, in its sole and absolute discretion, that its needs are greater than those of the Recipient's, the Provider has first priority and sole authority over its own equipment, personnel, resources and materials.

3. REQUEST FOR AID OR ASSISTANCE. If a Party has an emergency or unforeseen circumstance, it may make a request to any other Party or Parties for emergency assistance under this Agreement. The requesting Party will explain the nature of the circumstance and the type of resources, materials, equipment or personnel expected to be needed. No Party receiving a request for assistance shall be under any obligation to provide assistance nor shall any Party incur any liability for not complying with the request.

3.1 Documentation. In accordance with the Agreement, each requesting and assisting party is required to keep accounting records of the personnel, equipment, and materials

3 provided under the Mutual Aid Agreement as required by the Federal Stafford Act administered by the Federal Emergency Management Administration (FEMA) and State guidelines. This requirement is to maximize the requesting agencies reimbursement of costs expended to receive mutual aid. Each party to the Agreement should become thoroughly familiar with those federal and state accounting requirements and pre-establish emergency management procedures and training of their personnel to carefully document all costs of labor, equipment and personnel, including administrative costs, as these records may be needed for federal and state emergency assistance funding application requirements and must be available to the Provider/Recipient within 30 days of the resolution of the emergency.

3.1.1 Documentation shall include one or more of the following, as applicable:
(1) photographs of damage and repairs; (2) documentation of insufficient resources: (3) documentation of the type or amount of equipment, resources, or materials provided; (4) notes on damage and repairs; (5) clippings of press reports; (6) a record of all expenditures, including timecards and logs documenting equipment hours; (7) a record of all pertinent conversations about specific damages and/or repairs to damaged facilities; (8) retained receipts, invoices, statements, and other relevant paperwork for services rendered by a contractor or vendor; and (9) any other documents reasonably requested by a Provider or a Recipient or any state or federal agency regulating the emergency service or reimbursing the costs thereof.

3.1.2 Books, documents, papers, accounting records, and other evidence pertaining to costs incurred or compensation provided under this Agreement shall be maintained by each Party and made available at all reasonable times for four (4) years from the date of payment for inspection by another Party or state or federal agencies regulating or reimbursing expenses incurred in providing mutual aid under this Agreement.

3.2 Procedures for Providers. A Provider may require a Recipient to comply with procedures adopted by the Provider in its Emergency Plan to document requests made hereunder.

4. CONTROL SAFETY SUPERVISION AND RECALL. It is expressly understood that the Recipient, in whose jurisdiction the incident requiring mutual aid has occurred, shall remain in charge for such incident, including the schedule of the work and the direction and supervision of such personnel and equipment provided to it through the operation of this Agreement. Safe work procedures and practices shall be observed by a Provider. Employees lending assistance to a Recipient will not be asked to perform tasks which could lead to reasonably foreseeable to injury or illness. Equipment shall be operated according to standards and procedures, if any, provided by the Provider at the time such equipment is provided. A Provider may recall any equipment, personnel, or unused materials or supplies at any time, but shall give the Recipient as much notice as practical prior to such recall.

4 5. CHARGES FOR MATERIALS, RESOURCES, PERSONNEL, AND EQUIPMENT.

5.1 Materials. All materials borrowed but not utilized shall be returned to the Provider in the same condition as they were when they were borrowed. The Recipient shall pay the Provider either the purchase or replacement cost (whichever is higher) for all materials obtained, utilized, and not returned under this Agreement with the prior approval of the Provider, the Recipient may replace materials and return them to the site of the Provider as soon as practical instead of making payments.

5.2 Resources. The Recipient shall pay the Provider for the use of resources in an amount agreed upon by the Recipient and Provider. Such charge shall be approximately the fair market value but it should reflect a return to the Provider sufficient to reimburse for the costs of production or treatment.

5.3 Personnel. The Recipientshall pay the Provider's cost of salaries for the time spent by all personnel in assisting the Recipient, including a provision for overtime, vacation, holidays, sick leave, insurance, retirement, payroll taxes, and other direct salary costs. No overhead costs shall be included.

5.4 Equipment and Facilities. The Recipient shall pay the Provider for the use of equipment and facilities in an amount agreed upon by the Recipient and Provider. Such charge shall be approximately the fair market value‐ rental charge but it should reflect a return to the Provider sufficient to reimburse for the costs of ownership and operation. Unless otherwise arranged, the default rate for equipment is the current Federal Emergency Management Agency (FEMA) reimbursement rate.

The Recipient shall return all equipment and facilities in undamaged condition, subject to reasonable wear and tear. If equipment and/or facilities are damaged, the Recipient shall pay the cost of repair. If equipment is damaged beyond repair, it shall be replaced by the Recipient with new or comparable used equipment, acceptable to the Provider. The Recipient shall not be responsible to repair pre‐existing damage on equipment or facilities.

5.5 Invoicing and Payment. The Provider shall provide the Recipient a detailed invoice for the cost of the mutual aid services. The invoice will include assigned personnel classification, dates and hours worked (copy of timesheet/cards and FEMA Form 214’s if not collected by the requested agency), hourly billing rates (including force labor breakdown), equipment used, materials provided, and a summary of total costs incurred. The Recipient shall notify the Provider of any dispute of the information in the invoice within thirty (30) days of receipt. The Parties will cooperate to resolve any disputes before resorting to legal remedies.

The Recipient shall pay the Provider within sixty (60) days of receipt of the invoice for any undisputed charges or within fifteen (15) days after resolution of any disputed charges.

By mutual consent, the Provider and Recipient may agree to an alternate payment schedule and/or charges in consideration of federal and/or state reimbursements or other factors.

5 6. INDEMNIFICATION.

6.1 Indemnity for Requested Assistance. To the fullest extent provided by law, each Recipient shall fully indemnify and hold the Provider and its elected officials, officers, employees, contractors, authorized volunteers and agents (“Indemnified Parties”) harmless from any liabilities, claims, demands, causes of action, costs, expenses, losses or damages, including attorney’s fees and expert witness fees (collectively, “Claims”) arising out of, or occurring during or in the course of the provision of assistance under this Agreement. Recipient shall assume on behalf of the Provider, the defense of any Claims in which liability is sought to be imposed on the Provider or shall reimburse the Provider for all reasonable costs of defending or responding to such action, claim or demand, including reasonable attorneys' fees.

Notwithstanding the above, Recipient shall have no obligation to indemnify, defend, or hold harmless the Indemnified Parties to the extent the Claims are caused by the negligence, recklessness, or willful misconduct of an Indemnified Party. Obligations arising out of this section shall survive the termination or withdrawal from this Agreement by a Party hereto.

6.2 Liability for Joining. In the event of any Claims of whatever kind or nature arising out of the rendering of assistance pursuant to this Agreement, the Parties involved in rendering or receiving assistance agree to indemnify and hold harmless, to the fullest extent permitted by law, each signatory to this Agreement, whose only involvement in the transaction or occurrence which is the subject of such Claims, is the execution and approval of this Agreement.

Such indemnification shall include indemnity for all Claims, including but not limited to Claims for personal injury and property damage.

7. WORKERS' COMPENSATION AND EMPLOYEE CLAIMS; EMPLOYER RESPONSIBILITIES.

Notwithstanding any provision of this Agreement, it is the intent of the Parties that, to the fullest extent permitted by law, any employee of a Provider that provides labor pursuant to this Agreement, is performing the labor within the course and scope of employment for Provider and, therefore, will be covered by Provider’s workers’ compensation insurance coverage during performance of any labor provided under this Agreement. Without limiting the generality of Section 6.1, the Providershall indemnify and hold the Recipient and its elected officials, officers, employees, contractors, authorized volunteers and agents harmlessfrom any and all Claims for personal injury or death incurred by such officers, employees or agents while engaged in carrying out their duties, functions or activities under this Agreement, except to the extent the Claims are caused by the negligence, recklessness, or willful misconduct of an Indemnified Party.

Each Party shall pay all wages, salaries, and other amounts due to its employees and agents in connection with any and all services performed under this Agreement and as required by law. Each Party shall be responsible for all reports and obligations respecting their own employees, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Employees or agents of one Party shall not be deemed employees of any other Party for any purpose.

6 8. INSURANCE. Each Party shall be responsible for maintaining a program of insurance that shall cover each Party’s indemnification obligations. Without in any way affecting the indemnity herein provided and in addition thereto, each Party shall secure and maintain throughout the Agreement the following types of insurance, including coverage through a pooled risk joint powers agency with limits as shown.

8.1 Workers’ Compensation: A program of Workers’ Compensation Insurance or a state-approved self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons providing services on behalf of each Party and all risks to such persons under this Agreement.

8.2 Comprehensive General and Automobile Liability Insurance: This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy or self-insurance shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000.00).

8.3 Additional Named Insured: All policies, and/or memoranda of coverage, except Workers’ Compensation, shall contain additional endorsements naming each Party and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of each Party’s performance hereunder.

8.4 Policies Primary and non-Contributory: All policies required above are to be the primary and non-contributory with any insurance or self-insurance carried or administered by each Party.

9. EXECUTION AND EFFECTIVE DATE. This Agreement may be executed in counterparts, each of which shall be deemed an original, all of which shall constitute one and the same instrument. Electronic signatures or signatures on copies transmitted by email or telefax shall have the same force and effect as original signatures and any copy of this Agreement with executed counterparts so transmitted shall be admissible in any administrative or judicial proceeding as evidence of the Parties’ agreement. Each Party shall, upon approval of this Agreement, forward a certified copy of its resolution or other action approving the Agreement to all other Parties.

10. TERMINATION NOTICE. This Agreement shall remain operative and effective as between each and every Party that has heretofore or hereafter approved or executed this Agreement until participation in this Agreement is terminated by the Party. A Party which no longer desires to participate shall, by resolution or other action, give notice terminating its participation in this Agreement to all other Parties. This Agreement is terminated as to such party 30 days after notice to all Parties has been given.

7 11. AGREEMENT BINDING. This Agreement shall be binding upon and inure to the benefit of the Original Signatory Parties and all parties who may subsequently enter into this Agreement, and their successors and assigns.

12. THIRD PARTY RIGHTS. This Agreement is only for the benefit of the Parties as municipal or local government entities and shall not be construed as or deemed to operate as an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action or obtain any right to benefits or position of any kind for any reason whatsoever.

13. SEVERABILITY. In the event that any one or more phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.

14. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Venue shall be in the state courts located in Mendocino County. In the event any Party seeks to change venue under Code Civ. Proc. §394, the Parties agree to waive the right to a jury trial and stipulate to the appointment of an out-of-county judge by the Judicial Council to hear the case in Mendocino County.

15. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a written agreement signed by each of the Parties hereto.

16. NON‐WAIVER. None of the provisions of this Agreement shall be considered waived by any Party unless such waiver is specifically provided in writing.

17. Addition of Signatory Parties: Additional cities, special districts, or other government agencies in Mendocino County or Lake County may become parties to this agreement with the approval of the Original Signatory Parties by duly approving and executing this Agreement in accordance with Section 9. The city managers of the Original Signatory Parties are hereby delegated the authority by their respective governing bodies to approve the addition of a party or parties to this Agreement.

SIGNATURES ON THE FOLLOWING PAGE(S)

8 IN WITNESS WHEREOF, each of the Parties have caused this Mutual Aid Agreement to be executed by its authorized agent or official evidencing the consent of its legislative body hereto.

APPROVED:

City of Willits City of Point Arena
By: ________________________ By: ________________________ Brian Bender, City Manager Paul Anderson, City Manager
Dated: ________________ Dated: _______________
City of Ukiah City of Fort Bragg
By: __________________________ By: __________________________ Sage Sangiacomo, City Manager Sarah McCormick, Interim City Manager
Dated: ________________ Dated: _______________
City of Clearlake City of Lakeport
By: __________________________ By: __________________________ Alan Flora, City Manager Kevin Ingram, City Manager
Dated: ________________ Dated: _______________

Agenda Item No: 7.d.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1909

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic.

DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Consent Calendar
ATTACHMENTS:

1. AB 361 Findings Reconsideration for All Legislative Bodies Summary: The City Council will consider adopting a resolution reconsidering the circumstances of the state of emergency and implementing teleconferencing requirements for public meetings of the Council and all City Commissions and Boards during the current state of emergency due to the COVID-19 pandemic.

Background: The City Council is being asked to consider adopting a resolution authorizing continued remote meetings of the Council and its subordinate legislative bodies due to the imminent risk to the health and safety of attendees due to possible transmission of COVID-19 and the recent spread of variants. The current County health orders strongly recommends masking in all indoor facilities due to health and safety concerns. COVID19 is highly transmissible in indoor settings and requires multi-component prevention strategies to reduce its spread. The California Department of Public Health is currently investigating the length of vaccine protection.

The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible. Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus.

The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public and that any person may attend and participate in such meetings. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so, including allowing public access to that location. On March 17, 2020, in order to address the need for public meetings during the COVID-19 pandemic, Governor Newsom issued Executive Order No. N-29-20, temporarily suspending the Brown Act’s teleconferencing requirements, Executive Order No. N-8-2 then continued the suspension of the Brown Act’s teleconferencing requirements from June 11, 2021 through September 30, 2021. These Executive Orders allowed legislative bodies to meet virtually as long as certain notice and accessibility requirements were met.

The State Legislature amended the Brown Act through Assembly Bill No. 361 (“AB 361”) on September 16, 2021. As with the Executive Orders, AB 361 requires that certain notice and accessibility requirements continue to be met for holding virtual public meetings. In addition, AB 361 states that a local agency may use teleconferencing without complying with the regular teleconferencing requirements of the Brown Act, where the legislative body holds a meeting during a proclaimed state of emergency and makes certain findings; and requires that the legislative body make additional findings every 30 days in order to continue such teleconferencing.

As such, Staff recommends that the Council reconsider the circumstances of the state of emergency, and make findings regarding the state of emergency by adopting the Resolution Implementing Teleconferencing

Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic (“Resolution”) attached here as Attachment 1.

Discussion: AB 361, codified in part in Government Code § 54953, allows a local agency legislative body to hold a public meeting utilizing teleconferencing without giving public access to a teleconference location but allowing public comment virtually if the Governor has proclaimed a State of Emergency and any of the following circumstances also apply:

1. State or local officials have imposed or recommended measures to promote social distancing.

2. The meeting is being held for the purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

As amended by AB 361, Government Code § 54953(e)(3) requires cities that are conducting public meetings via teleconferencing during a declared State of Emergency to make findings, within 30 days of the first virtual meeting after AB361 going into effect, and every 30 days thereafter, that the legislative body has reconsidered the circumstances of the state of emergency and either 1) the emergency continues to impact the ability to meet safely in person, and/or 2) State or local officials continue to impose or recommend social distancing.

Council adopted these findings at their July 20, 2022 meeting. The Council must now adopt, via this Resolution (Attachment 1), the findings that confirm the circumstances of the state of emergency and justify holding public meetings of the Council and all subordinate commissions, boards, and committees utilizing teleconferencing and allowing public comment virtually, pursuant to Government Code § 54953(e)(3).

Given recent modifications to the health order, Staff is currently utilizing and fine-tuning a hybrid meeting option that allows for in-person and remote participation in an effort to accommodate all needs and choices.

Staff will be working with the Mayor to coordinate continued implementation.

Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: City Clerk

1 RESOLUTION NO. 2022-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IMPLEMENTING

TELECONFERENCING REQUIREMENTS FOR CITY COUNCIL AND BOARD AND

COMMISSION MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC
WHEREAS:

1. The City of Ukiah is committed to preserving and nurturing public access and participation in meetings of the City Council and its Boards and Commissions; and

2. All meetings of City’s legislative bodies are open and public, as required by the Ralph M.

Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;

3. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so; and

4. On March 17, 2020, in order to address the need for public meetings during the present public health emergency, i.e. the COVID-19 Pandemic, Governor Newsom issued Executive Order No. N-29-20, suspending the Act’s teleconferencing requirements; and

5. On June 11, 2021, Governor Newsom issued Executive Order No. N-8-21, continuing the suspension of the Brown Act’s teleconferencing requirements through September 30, 2021; and

6. The State Legislature amended the Brown Act through Assembly Bill No. 361 (AB 361) on September 16, 2021; and

7. AB 361, codified in part at Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and

8. Such conditions now exist in the City, specifically, the Governor has proclaimed a state of emergency exists for the state of California due to the conditions caused by the COVID-19 pandemic and the impact on the health and safety of its residents; and

9. The Omicron BA.5 variant is highly transmissible in indoor spaces, the California Department of Public Health is currently investigating how long vaccine protection lasts, and the Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors;

10. Current County health orders impose or measures to promote social distancing due to health and safety concerns; and

2 11. In accordance with Assembly Bill 361, the City Council does hereby find that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees and the Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and

12. As a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with Government Code § 54953(b)(3), as authorized by § 54953(e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in § 54953(e)(2); and

13. The City has taken measures to conduct public meetings via virtual tools that allow members of its legislative bodies and members of the public to join and participate in meetings remotely and provide public testimony in the virtual environment and via teleconference.

NOW, THEREFORE, the City Council for the City of Ukiah hereby finds, determines, declares, orders, and resolves as follows:

1. That the foregoing recitals are true and correct and incorporates them by this reference; and

2. The Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect; and

3. County of Mendocino officials have imposed or recommended measures to promote social distancing; and

4. Meeting in person would present imminent risk to the health or safety of attendees; and

5. The City Council of the City of Ukiah has reconsidered the circumstances of the State of Emergency, and finds that:
a. The factors triggering the State of Emergency continue to directly impact the ability of the members of the legislative bodies of the City of Ukiah, their staff, and members of the public to meet safely in person; and
b. State and County officials continue to impose or recommend measures to promote social distancing.

6. The City Manager or his designee and the legislative bodies of the City of Ukiah are authorized to take all steps and perform all actions necessary to execute and implement this Resolution in compliance with Government Code § 54953; and

7. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) September 16th, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of § 54953(b)(3).

PASSED AND ADOPTED this 17th day of August, 2022, by the following roll call vote:

3 AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTEST:

Kristine Lawler, City Clerk

Agenda Item No: 7.e.

MEETING DATE/TIME: 8/17/2022
ITEM NO: 2022-1910

AGENDA SUMMARY REPORT
SUBJECT: Authorize City Manager to Negotiate and Execute an Antenna Site/Lease Agreement with Ukiah Wireless Powered by Wi-Fiber for the Sole Purpose of Providing High-speed Internet to Ukiah Valley Residents.

DEPARTMENT: City Manager /
Admin PREPARED BY: Maya Simerson, Project & Grant Administrator PRESENTER: Maya Simerson, Project and Grant Administrator.

ATTACHMENTS:

1. COU 2122-201 Property Exchange and Development Agree with Exhibits

2. Ukiah Wireless Agreement
Summary: Staff is seeking Council approval to enter into an Antenna Site/Lease Agreement with Ukiah Wireless Powered by Wi-Fiber for the sole purpose of providing high-speed internet to Ukiah Valley residents.

Background: In March of 2022 Council approved an agreement with David Hull for a Property Exchange and Limited Development Agreement (Attachment #1). Inside that agreement in section 1.3.2 (g), it states that the City shall negotiate with Ukiah Wireless (dba Ukiah Wireless Powered by Wi-Fiber, or Lessee) the terms of a written agreement for their continued use of the property for providing high-speed internet to the Ukiah Valley residents.

The site lease premises shall only be used by lessee for the installation of the equipment needed for the transmission and reception of radio communication signals on various licensed and unlicensed frequencies, to provide residents of the Ukiah Valley with high-speed internet access. Per the agreement, the lessee will follow all federal, state and local regulations, licensing requirements, and laws governing the construction, establishment, and operation of radio communication signals and transmission and associated infrastructure.

Discussion: In addition to site use, the lessee agrees to allow the City of Ukiah the right to reserve a service connection at no charge for public safety should the City want or need to install public safety infrastructure at any of lessee’s equipment locations. The City acknowledges that any equipment and infrastructure at the premises uses solar power and any additional equipment installed by the City must not over burden the available power. The City reserves the right to install additional solar panels if needed to support additional equipment.

The partially-executed agreement with Ukiah Wireless can be found as Attachment #2 to this staff report.

A fair monthly rate has been agreed upon by both parties. Rent is due to the Lessor on the first of the month.

A ten percent (10%) late penalty will be added if not paid within ten (10) business days. Furthermore, at the commencement of the second year and each subsequent year thereafter, the rent for the Premises will increase by the percentage change in the Consumer Price Index (CPI) during the preceding calendar year (January to December) but not to exceed five percent (5%). CPI means the index for all urban consumers (1982-1984 = 100), U.S. City average, all items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, “CPI” shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between Lessor and Lessee.

The term of this agreement is proposed to be for five years with the option for a five-year extension.

Staff recommends that Council approve the City Manager to negotiate and execute an Antenna Site/Lease Agreement with Ukiah Wireless Powered by Wi-Fiber
Recommended Action: Authorize City Manager to negotiate and execute an Antenna Site/Lease Agreement with Ukiah Wireless Powered by Wi-Fiber for the sole purpose of providing high-speed internet to Ukiah valley residents.

BUDGET AMENDMENT REQUIRED: n/a
CURRENT BUDGET AMOUNT: n/a
PROPOSED BUDGET AMOUNT: n/a
FINANCING SOURCE: n/a
PREVIOUS CONTRACT/PURCHASE ORDER NO.: none
COORDINATED WITH: Sage Sangiacomo, City Manager and Lane Charpentier, Ukiah Wireless

ATTACHMENT 1

EXHIBIT A

"City Property"

EXHIBIT A-1

EXHIBIT A
-1

EXHIBIT B

EXHIBIT B
(Hull, D&J Investments)
All that certain property situated in the County of Mendocino, State of California, more particularly described as follows:

All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine instruments:

1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC

2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC

3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC

4. Instrument No. 2020-08216, Mendocino County Records, Hull

5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC

6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC

7. Instrument No. 2021-10032, Mendocino County Records, D&J Investments, LLC

8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC

9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047.

EXHIBIT B

EXHIBIT C

EXHIBIT D

(Legal Description) Page 1 of 1 20220035RB
Escrow No.: 20220035RB
Title Order No.:

Legal Description
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:

TRACT ONE:

Parcel 1, as numbered and designated upon the Parcel Map of Minor Subdivision No. 84-6 filed for record July 26, 1984 in Map Case 2, Drawer 42, Page 2, Mendocino County Records.

APN: 003-181-01
TRACT TWO:

A 5 foot wide public utility easement, as reserved in the Grant Deed executed by City of Ukiah recorded July 16, 1985 in Book 1514, Page 244 of Official Records.

EXHIBIT D
Exhibit D

(Legal Description) Page 1 of 1 20220036RB
Escrow No.: 20220036RB
Title Order No.:

Legal Description
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:

Commencing at the Northwest corner of those lands described in deed from Amos Mahurin, et ux to Frank Robinson, et ux, dated November 1, 1930, recorded in Book 56 of Official Records, Page 362 et. seq., Mendocino County Records; thence North 82°25'06" East (Easterly per aforesaid deed), 45.00 feet along the South line of the County road leading from Ukiah to Talmage by way of Twin Oaks to the Point of Beginning; thence continuing North 82°25'06" East, 153.05 feet along the said South line of the County road leading from Ukiah to Talmage to the Northwest corner of Parcel 2 as designated upon the Parcel Map of Minor Subdivision No. 84-6 filed for record July 26, 1984 in Map Case 2, Drawer 42, Page 2, Mendocino County Records; thence along the Northerly line of said Parcel 2 North 82°25'06" East, 47.66 feet; thence continuing along the Northerly and Easterly line of said Parcel 2 through a tangent curve to the right with a radius of 15.00 feet through a central angle of 94°11'05" a distance of 24.66 feet; thence along the Easterly line of said Parcel 2 South 3°23'49" East, 15.76 feet; thence continuing along the Easterly line of said Parcel 2 through a tangent curve to the left with a radius of 3,044.00 feet through a central angle of 2°36'15" a distance of 138.36 feet; thence leaving said Easterly line of said Parcel 2 South 82°25'06" West, 249.76 feet more or less to the West line of the lands described in the aforesaid deed; thence along said West line North 08°31'40" West, 80.00 feet; thence leaving said West line North 82°25'06" East,

45.00 feet; thence North 08°31'40" West, 90.00 feet to the Point of Beginning.

Basis of Bearings: Found monuments as shown on Record of Survey, Map Case 2, Drawer 23, Page 31, Mendocino County Records, being North 08°31'40" West.

APN: 003-582-38
Pursuant to City of Ukiah Boundary Line Adjustment No. BLA 09-07 by Quitclaim Deed recorded October 25, 2010 as 2010-15014 of Official Records.

EXHIBIT E

EXHIBIT E

EXHIBIT F

(Legal Description) Page 1 of 1 20220270RB
Escrow No.: 20220270RB
Title Order No.:

Legal Description
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:

Tract One:

Lying within Section 30, T15N, R12W, M.D.B.&M. and Lot 77 of the Yokayo Rancho and being more particularly described as follows:

Beginning at a 1/2” iron pipe plugged L.S. 3089 and being the Northwesterly corner of Lot 2 of said Section 30 as shown per Case 2, Drawer 16, Page 30 M.C.R.; thence S 0°10’50” E 1325.72 feet to a ½” iron pipe plugged L.S. 3089 being the Southwesterly corner of said Lot 2; thence N 87°51’37” E 504.77 feet to a 1/2” iron pipe plugged L.S. 3089 being the Southeasterly corner of said Lot 2; thence along the Easterly line of said Lot N 0°13’08” W 733.49; thence N88° 12’ 00” E 255.00 feet; thence N 41° 14’ 41” W 388.33 feet; thence N 73° 11” 09” W 401.86 feet; North 160 feet to the Northerly line of said Lot 2; thence along said line S 88° 37’ 58” W 120 feet to the point of beginning .

APN: 003-190-08 & 003-500-19
Tract Two:

Together with a non-exclusive easement for ingress, egress and public utilities being a width of 30 feet and lying equally left and right of the following described centerline.

Beginning at a point on the centerline at the Westerly end of San Jacinta Dr. as shown per Case 2, Drawer 13,

with central angle of 39° 56’00” a radius of 50.00 feet, a distance of 34.85 feet; thence S 46°08’ W 70.00 feet to a tangent curve concave to the East; thence thru said curve with a central angle of 76° 08’ a radius of 50.00 feet, a distance of 66.44 feet; thence S 30°00’ E 40.00 feet to a tangent curve concave to the Northwest, thence thru said curve with a central angle of 148° 20’ a radius of 40.00 feet, a distance of 103.56 feet; thence N 61° 40’ W 65.00 to a tangent curve concave to the Northeast, thence thru said curve with a central angle of 44° 40’ a radius of

50.00 feet, a distance of 38.98 feet; thence N 17° 00” W 50.00 feet to a tangent curve concave to the southeast; thence thru said curve with a central angle of 198° 00’ a radius of 75.00 feet, a distance of 259.18 feet; thence S 35° 00’ E 32.81 feet to the terminus of the above described line.

EXHIBIT F

EXHIBIT F

EXHIBIT G

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
1 EXHIBIT G

FINAL CONDITIONS OF APPROVAL FOR

THE UKIAH WESTERN HILLS OPEN LAND ACQUISITION &

LIMITED DEVELOPMENT AGREEMENT PROJECT, INITIAL STUDY AND MITIGATED

NEGATIVE DECLARATION, AND ORDINANCE FOR PREZONING
FILE NO.: 20-5915.

The following Conditions of Approval shall be made a permanent part of the Lot Line Adjustments, Development Agreement, site improvements, prezoning and annexation associated with the Ukiah Western Hills Open Land Acquisition & Limited Development Agreement Project, shall remain in force regardless of property ownership, and shall be implemented in order for this entitlement to remain valid.

Project Summary. The Ukiah Western Hills Open Land Acquisition & Limited Development Project includes the following components: 1) Acquisition and annexation of approximately 707 acres into the City of Ukiah limits; 2) Prezoning the parcels to PF and R1-H (and associated Zoning Map and General Plan Map Amendments upon approval of the annexation application); 3) Sequential Lot Line Adjustments to reconfigure the existing parcels into seven lots (“Development Parcels”) for future potential development; 4) Development Agreement between Hull Properties and the City allowing up to one single-family home and one accessory dwelling unit on each Development Parcel (14 units total); and 5) site improvements including extension of utilities, road improvements, and construction of the water tanks.

The Project includes several parcels located within unincorporated Mendocino County within the Ukiah Western Hills referred to as the “Hull Properties” (APNs 001-040-83, 157-070-01, 157-070- 02, 003-190-01, 157-050-09, 157-060-02, 157-050-02, 157-050-04, 157-050-01, 157-030-02, 157-030-03, 157-050-11 & 157-050-12); “Noguera Properties” (APNs 003-190-09 & 003-110-90); and the City-owned “Donation Parcel” (APNs 157-050-03,157-060-003).

The following Conditions of Approval apply to the Project.

City of Ukiah Special Conditions

1. Approval of the Project is contingent upon City Council approval of the Development Agreement, which includes an easement, road access and maintenance agreement.

2. In accordance with LAFCo-adopted procedures, and as required under the Development Agreement, the City will submit its annexation application to the Mendocino County Local Agency Formation (LAFCo), after it acquires title to the Annexation Parcels, and upon City Council approval of the Proposed Project.

3. An application for annexation and prezoning shall be approved by the Mendocino County Local Agency Formation Commission (LAFCo) prior to the prezoning becoming effective.

Prezoning will also require a General Plan Map Amendment and Zoning Map Amendment, upon approval of the annexation application.

4. Upon approval of the annexation application, a copy of the final Lot Line Adjustment shall be provided to the City Engineer for final review before recordation. The final map shall conform to the Subdivision Map Act and Division 9, Chapter 1 of the Ukiah Municipal Code, as applicable. A copy of the recorded Lot Line Adjustment shall be submitted to the

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
2 Community Development Department prior to submittal of a Use Permit for single family housing within the Development Parcels located within the City’s jurisdiction.

5. In accordance with the terms described in the Development Agreement, Hull shall have the option to withdraw the Hull Development Parcels from the City’s annexation application, if LAFCo has failed to approve the annexation within one (1) year from the date the Executive Officer of LAFCo accepts the application as complete.

6. The Initial Study and Mitigated Negative Declaration prepared for the Project (SCH No. 2021040428) found that construction and ground disturbing activities associated with the Development Agreement, future residential development, and site improvements could result in direct significant impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Utilities and Service Systems, and Wildfire. However, the mitigation measures identified within the Mitigation Monitoring and Reporting Program (Attachment A) shall be implemented as described to reduce potential environmental impacts. These mitigation measures shall apply to all future ground disturbing activities and development (including residential development), as described further in the Mitigation Monitoring Reporting Program.

7. Future residential development of the Development Parcels shall be in accordance with the Hillside Overlay Zoning District regulations contained within UCC Sections 9135-9139.

All future development shall require discretionary review and may require additional environmental review. Additional project-specific Conditions of Approval may be required upon review by City departments and applicable agencies.

8. In accordance with the terms described in the Development Agreement, Hull shall retain the right to develop Development Parcels 1-3 prior to annexation. Single-family homes on Development Parcels 1-3 shall be constructed to R1-H standards by including them in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). In addition, the mitigation measures contained within the ISMND for residential development shall also be included in the CC&Rs and implemented for Development Parcels 1-3 if developed prior to annexation.

9. If development of Development Parcels 1-3 occurs after annexation, development shall comply with all R1-H development standards and be subject to discretionary review, in accordance with the City’s Hillside Overlay District.

10. The Developer shall obtain regulatory permits, including but not limited to a 401 Water Quality Certification, California Department of Fish and Wildlife Lake and Streambed Alteration Agreement, etc., if work is proposed to the existing culverts, or in and around any watercourses in the future, in accordance with existing regulatory requirements.

11. The water tanks shall be painted green or a similar color to blend into the landscape.

12. An address assignment application shall be submitted to assign addresses to the proposed Development Parcels at the time of development.

City of Ukiah Standard Conditions

13. City Council approval is not effective until the 10-day appeal period applicable to the project has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
3 with any modifications, conditions, or requirements that were imposed as part of the appeal.

14. All use, construction and the location thereof, or occupancy, shall conform to the application and to any supporting documents submitted therewith, including any maps, sketches, or plot plans accompanying the application or submitted by applicant in support thereof.

15. Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Planning Commission such standards shall be met.

16. The Applicant shall submit verification of all applicable permits or approvals in compliance with all local, state and federal laws to the Community Development Department prior to issuance of building permits.

Department of Public Works

17. Future residential development and site improvements (including road and access improvements) shall be reviewed by the Department of Public Works to identify sitespecific requirements.

18. Construction projects that would disturb more than one acre of land, would be subject to the requirements of General Construction Activity Stormwater Permit (Construction General Permit Order 2009-0009-DWQ, also known as the CGP), which requires operators of such construction sites to implement stormwater controls and develop a Stormwater Pollution Prevention Plan (SWPPP) identifying specific BMPs to be implemented to reduce the amount of sediment and other pollutants associated with construction sites from being discharged in stormwater runoff.

19. Applicable City water and sewer connection fees shall be paid at the time of building permit issuance.

20. All work within the public right-of-way shall be performed by a licensed and properly insured contractor. The contractor shall obtain an encroachment permit for work within this area or otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated construction costs.

Electric Utility Department

21. A 10-ft. utility easement for any underground distribution extended into the parcel beyond the existing PUE shall be required. Prior to recordation of the Lot Line Adjustment easements must be surveyed and deeded or defined on the map. Alterations to the 10-ft. utility easement shall be submitted to the COUEUD for approval.

22. Upon individual parcel development, additional easements may be required to provide electric service.

23. Future site improvements shall be submitted to the Electric Utility Department for review and comment. Construction requirements and associated developer costs will be determined to provide electric service.

24. Developer shall incur all costs of project, to include labor, materials, and equipment.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
4 Building Division

25. Submit plans and building permit application. Please submit four complete plan sets, two wet stamped and signed. All Conditions of Approval shall be printed on the first page of the Building Plans.

26. The design and construction of all site alterations shall comply with the current California Building Code, Plumbing Code, Electrical Code, California Mechanical Code, California Fire Code, California Energy Code, Title 24 California Energy Efficiency Standards, California Green Building Standards Code and City of Ukiah Ordinances and Amendments.

Ukiah Valley Fire Authority

27. All access improvements, roadways and residential development shall be reviewed by the Fire Marshall and adhere to all current local, state and federal fire regulations relating to access and safety, including but not limited to: California Building Code, Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure, including Wildland Urban Interface regulations); California Residential Code, Section R337 (Materials and Construction Methods for Exterior Wildlife Exposure); California Referenced Standards Code, Chapter 12-7A (Fire Resistive Standards); California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3 (Fire Hazard Reduction Around Buildings and Structures); and California Government Code, Section 51182 (Very High Fire Hazard Severity Zones).

In addition, Public Resources Code Sections 4290 and 4291 contain additional requirements for lands within Very High Fire Severity Zones. These include the following in order to provide defensible space and fire protection for new construction and ensure adequate emergency access: increased property line setbacks for all applicable construction; on-site water storage for fire protection, driveway/roadway types and specifications based on designated usage; all weather driveway/roadway surfaces being engineered for 75,000lb vehicles; maximum slope of 16%; turnout requirements; gate requirements and setbacks, parking standards, fuels reduction regulations, etc.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
5 ATTACHMENT A

UKIAH WESTERN HILLS OPEN LAND & LIMITED DEVELOPMENT AGREEMENT PROJECT

MITIGATION MONITORING REPORTING PROGRAM
Potential Impact Mitigation Measure Implementation
Responsibility
Monitoring &
Reporting
Responsibility
Timing Date
Implemented
Construction and
ground disturbing
activities could
result in shortterm impacts to
air quality.

AQ-1: Diesel Engines – Stationary and Portable
Equipment and Mobile Vehicles:

1. Any stationary onsite diesel IC engines 50
horsepower or greater (i.e. large power
generators or pumps) or any propane or natural
gas engines 250 horsepower or greater may
require a permit from the District.

2. Portable diesel powered equipment that may be
used during the proposed project are required to
be registered with the state Portable Equipment
Registration Program (PERP) or obtain permits
from the District.

3. Projects located adjacent to sensitive receptors
(schools, child care facilities, health care facilities, senior facilities, businesses, and residences, etc.)
during the construction phase of this project have
the potential for exposure to diesel particulate.

4. Heavy duty truck idling and off-road diesel
equipment or other diesel engine idling is limited
to less than 5 minutes.

Developer Developer
During
construction
and ground
disturbing
activities
AQ-2: Grading Projects- During Construction-All
grading activities must comply with the following
fugitive dust mitigation measures in accordance with
District Regulation 1, Rule 1-430:

1. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions.

Developer Developer
During
construction
and ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
6 2. All unpaved surfaces, unless otherwise treated
with suitable chemicals or oils, shall have a
posted speed limit of 10 mph.

3. Earth or other material that has been transported
by trucking or earth moving equipment, erosion
by water, or other means onto paved streets shall
be promptly removed.

4. Asphalt, oil, water, or suitable chemicals shall be
applied on materials stockpiles, and other
surfaces that can give rise airborne dusts.

5. All earthmoving activities shall cease when
sustained winds exceed 15 mph.

6. The operator shall take reasonable precautions
to prevent the entry of unauthorized vehicles onto
the site during non-work hours.

7. The operator shall keep a daily log of activities to control fugitive dust.

8. For projects greater than one acre or one mile of
road not located within a Naturally Occurring
Asbestos Area, prior to starting any construction
the applicant is required to:

1. Submit a Large Area Grading permit
application to the District.

2. Obtain a final determination from the Air
Quality Management District as to the need
for an Asbestos Dust Mitigation Plan and/or
Geologic Survey to comply with CCR
sections 93106 and 93105 relating to
Naturally Occurring Asbestos.

3. Obtain written verification from the District
stating that the project is in compliance with
State and Local regulations relating to
Naturally Occurring Asbestos.

4. If the project is located within a Naturally
Occurring Asbestos Area, additional
mitigations shall be required.

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
7 AQ-3: Property Development-Prior to starting any
construction, the applicant is required to:
a. Obtain a Property Development Permit from the
District for any open outdoor burning.
b. Obtain a Grading Permit, if applicable.
c. Confirm whether the project is in a Naturally
Occurring Asbestos Area, and follow additional
MCAQMD recommendations, if applicable.
d. Consider alternate means of disposal other than
open burning, such as cutting the majority of the
larger material up as firewood, and chipping
smaller material, if feasible to mitigate impacts
from open outdoor burning.
e. Obtain written verification from the MCAQMD
stating that the project is in compliance with State
and Local regulations.

Developer Developer Prior to
construction
Biological Resources
Construction
and ground
disturbing
activities could
result in impacts
to sensitive
plant species
and sensitive
woodland tree
habiat
BIO-1: Sensitive Trees. If trees are proposed for
removal, preconstruction surveys shall be conducted
by a qualified biologist to identify Oregon white oak
forest and woodland, as well as California bay forest
and woodland habitat; removal of sensitive habitat
shall be conducted in accordance with California
Department of Fish and Wildlife (CDFW) regulations.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Construction and
ground disturbing
activities could
impact Red-belly
newt, and other
special status
amphibians and
their habitat
BIO-2: Sensitive Amphibian Species. A qualified
biologist shall survey the area prior to any
groundbreaking activities to determine the presence of
Red-belly newt, or other sensitive amphibian species,
and identify additional avoidance measures, if needed.

A qualified biologist shall be on-site for any dewatering event to address the potential for the presence of
Qualified
Biologist Developer
Prior to
ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
8 sensitive amphibian species such as foothill yellowlegged frog (Rana boylii).

Construction,
vegetation
removal, and
ground disturbing
activities could
impact nesting
birds and their
habitat
BIO-3: Nesting Birds. Pre-construction surveys shall
be conducted prior to any vegetation removal or
ground disturbing activities occurring between March
1 and August 31 of any year. All active bird nests shall not be removed, relocated, or otherwise disturbed for
any purpose until all fledglings have left the nest.

Qualified
Biologist Developer
Prior to
vegetation
removal or
ground
disturbing
activities
between
March 1 and
August 31
Construction and
ground disturbing
activities could
impact specialstatus insects and
their habitat
BIO-4: Special-Status Insects. A qualified biologist
shall survey the area prior to any groundbreaking
activities to determine the presence of special-status
insect species and identify additional avoidance
measures if needed. If a special-status insect nests
are observed, active nests shall not be removed,
relocated, or otherwise disturbed until the nest
becomes inactive.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Construction and
ground disturbing
activities could
impact specialstatus mammals
and their habitat
BIO-5: Special-Status Mammals. Pre-construction
surveys shall be conducted prior to any vegetation
removal or ground disturbing activities. If evidence of bat roosts is observed (i.e. bat guano, ammonia odor,
grease stained cavities) around trees or structures,
pre-construction bat surveys shall be conducted by a
qualified biologist for activities that may affect bat
roosting habitat and den sites.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
Cultural Resources and Tribal Cultural Resources

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
9 Ground disturbing
activities have the
potential for
accidental
discovery of
unknown,
undiscovered
cultural resources
and tribal cultural
resources
CUL-1: Unanticipated Discovery. If previously
unidentified cultural, historic, palentologic or
archeologic resources are encountered during project
implementation, altering the materials and their
stratigraphic context shall be avoided and work shall
halt immediately. A qualified professional
archaeologist shall be contacted to evaluate the
resource and methods necessary to protect it. Project
personnel shall not collect, move, or disturb cultural
resources. Prehistoric resources include, but are not
limited to, chert or obsidian flakes, projectile points, mortars, pestles, and dark friable soil containing shell and bone dietary debris, heat-affected rock, or human
burials. Historic resources include stone or abode
foundations or walls; structures and remains with
square nails; and refuse deposits or bottle dumps,
often located in old wells or privies.

Qualified
archaeologist Developer
During
ground
disturbing
activities
Ground disturbing
activities have the
potential for
accidental
discovery of
unknown Native
American
remains
CUL-2: Encountering Native American Remains. If
human remains are encountered during ground
disturbing activities, all work shall stop in the
immediate vicinity of the discovered remains and the
County Coroner and a qualified archaeologist shall be
notified immediately so that an evaluation can be
performed. If the remains are deemed to be Native
American and prehistoric, the Native American
Heritage Commission must be contacted by the
Coroner so that a “Most Likely Descendant” can be
designated and further recommendations regarding
treatment of the remains will be provided.

Qualified
archaeologist Developer
During
ground
disturbing
activities
Geology and Soils
Ground disturbing
activities could
result in impacts
associated with
Incorporation of Mitigation Measure CUL-1 Qualified
archaeologist Developer
During
ground
disturbing
activities

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
10 erosion, the loss
of topsoil and
landslides if not
properly designed
GEO-1: The Project shall comply with the erosion and
design standards outlined in Chapter 7 of the Ukiah
City Code. Prior to any ground disturbance, erosion
and sediment control plans shall be submitted to the
Public Works and Community Development
Departments for review and approval. Said plans shall
protect against soil erosion and runoff through the
implementation of appropriate Best Management
Practices (BMPs). Typical BMPs include the
placement of straw, mulch, seeding, straw wattles, silt fencing, etc. No silt, sediment or other materials shall be allowed to flow from the project area.

Developer Developer
Prior to any
ground
disturbance
and
throughout
construction
activities;
ongoing as
needed to
control
erosion
Hazards and Hazardous Materials
Project
construction
could result in a
hazard to the
public or the
environment if the
incidental use of
petroleum
hydrocarbons
(fuel, oil) in tools
used during
construction were
to lead to
accidental leaks
or spills in or
around the work
area
HAZ-1: The developer shall establish and implement
construction site management practices that will
prevent toxic materials and other debris from entering
the City’s storm drainage and waterway systems,
including:
a) There shall be no storage of hazardous materials
at the Project Site;
b) The developer shall provide adequate materials
management, including covering, securing, and
segregating potentially toxic materials (grease,
oils, fuel, solvents, etc.); and
c) The developer shall maintain supplies on-hand to
contain spills of oil and any other hazardous
materials used on-site.

Developer Developer During
construction
Construction of
the Project may
involve the use of
gasoline-powered
tools and
equipment
potentially
HAZ-2: Should portable gasoline-powered equipment
be used on site, the following firesafe precautions
shall be taken:
a) Spark arresters are required on all portable
gasoline-powered equipment.
b) Equipment shall be maintained in good working
condition, with exhaust systems and spark
Developer Developer During
construction

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
11 introducing new
temporary
sources of
ignition that could
increase fire risk.
arresters in proper working order and free of
carbon buildup.
c) Fuel the equipment in a safe place where spills
can be contained and a fire extinguisher is
nearby. Use the recommended gas/oil mixture
and do not top off. Use a funnel or spout for
pouring. Wipe off any spills.
d) Do not refuel running or hot equipment. Dispense
fuel at least 10 feet from sources of ignition.
e) Do not use equipment in areas of dry vegetation.

Keep leaves and dry materials away from a hot
muffler.
f) No smoking or open flame allowed near gasolinepowered equipment.

Hydrology and Water Quality
Ground disturbing
activities and
construction of
the project would
result in
impervious
surfaces that
could impact
water quality
Implementation of Mitigation Measures GEO-1 and
HAZ-1 Developer Developer
Prior to and
during
construction;
ongoing as
needed to
control
erosion
Noise
Ground disturbing
activities and
construction of
the project would
result in
temporary noise
impacts
NOI-1: Prior to building permit or grading permit
issuance, the developer shall comply with the
following:
a. Construction contracts shall specify that all
construction equipment, fixed or mobile, shall be
equipped with properly operating and maintained
mufflers and other state-required noise
attenuation devices.
b. Construction haul routes shall be designed to
avoid or lessen impacts to noise-sensitive uses
Developer Developer
Prior to
issuance of
building or
grading
permits, and
during
construction

Final Conditions of Approval
Western Hills Open Land Acquisition & Limited Development Agreement Project File No.: 20-5915
12 (e.g., residences, schools, convalescent homes),
to the extent feasible.
c. During construction, stationary construction
equipment shall be placed such that emitted noise
is directed away from sensitive noise receivers.
d. Per the City’s Noise Ordinance, construction shall
not take place outside of the hours of 7:00 a.m. to
7:00 p.m.

Utilities and Service Systems
City sewer, water
and electric
utilities would be
extended to the
area which could
result in physical
impacts to the
environment
Implementation of BIO-1 through BIO-5, and GEO-1. See BIO-1 through BIO-5
and GEO-1
See BIO-1
through BIO-5
and GEO-1
See BIO-1
through
BIO-5 and
GEO-1
Wildfire
Construction of
the Project may
involve the use of
gasoline-powered
equipment and
machinery,
potentially
introducing new
sources of
ignition that could
increase fire risk
Implementation of Mitigation Measure HAZ-2 Developer Developer During construction

EXHIBIT H

EXHIBIT I

1 EXHIBIT I

EXHIBIT I

INSURANCE REQUIREMENTS
Hull and upon its creation the Homeowners Association (“Association”) shall maintain insurance against claims for injuries to persons or damages to property, which may arise from or in connection with their pre-Close of Escrow investigations under Section 1 of this Agreement in accordance with Section 1.2.2.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85.

B. Minimum Limits of Insurance
Association shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

C. Other Insurance Provisions
The policy is to contain, or be endorsed to contain, the following provisions:

1. General Liability Coverage
a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as it relates to any of Hull’s pre-Close of Escrow investigation actions on City-owned property as provided in Section 1.2.2 of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers.
b. The insurance coverage shall be primary insurance with respect to the City and its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City and its officers, officials, employees or volunteers shall be excess of the insurance required by this provision and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City and its officers, officials, employees or volunteers.

2 EXHIBIT I
d. This insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

4. All Coverages
The Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Notwithstanding that, the insurance coverage provided by this provision may be cancelled without notice upon the Close of Escrow.

E. Acceptability of Insurers
Insurance is to be placed with an admitted or non-admitted California insurer with an AA.M. Best's rating.

F. Verification of Coverage
Hull shall furnish the City with a certificate(s) of Insurance and with Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be issued or signed by a person authorized by that insurer to bind coverage on its behalf. All Certificates and Endorsements are subject to review by the City on request. The City reserves the right to require complete, certified copies of all insurance policies required by this Exhibit.

EXHIBIT J

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EXHIBIT K

MEMORANDUM OF AGREEMENT WITH RESPECT TO

PROPERTY PURCHASE-SALE / EXCHANGE AND DEVELOPMENT AGREEMENT _________________________
Effective March __, 2022, the City of Ukiah (“City”), a general law municipal corporation, whose address is ____________________, Ukiah , CA 95482, David J. Hull, individually as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, a California limited liability company (collectively “Hull” or “Developer”), whose address is ___________________, Ukiah, CA 95482, entered into a certain agreement entitled Property Purchase-Sale / Exchange And Development Agreement (“Exchange & Development Agreement”).

The Exchange & Development Agreement includes certain rights, restrictions, encumbrances, and obligations effecting and otherwise in connection with the real property more particularly described in Exhibits A and B, which exhibits are attached hereto and incorporated herein by reference.

The terms and conditions of the Exchange & Development Agreement are more particularly described in said agreement, to which reference is herein made for all purposes.

This Memorandum is being executed and recorded in the Official Records of Mendocino County, California in order to give notice of the provisions of the Exchange & Development Agreement and this Memorandum shall not be deemed or construed to define, limit, or modify said agreement in any manner.

EXHIBIT A to Memorandum
(Hull, D&J Investments)
All that certain property situated in the County of Mendocino, State of California, more particularly described as follows:

All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine instruments:

1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC

2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC

3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC

4. Instrument No. 2020-08216, Mendocino County Records, Hull

5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC

6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC

7. Instrument No. 2021-10032, Mendocino County Records, D&J Investments, LLC

8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC

9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047.

EXHIBIT A to Memorandum

EXHIBIT B TO MEMORANDUM

Exhibit
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Parcel 4
AP 001-040-83
tN 2020-08216

77.6 acres
Additional
Development area
Portion of Porcels 3 & 4
*40 acres
Parcel 2
AP 003-190't0x
w\y
lN 2021-15566

5.0 ocres Parcel I
AP 003-190-l0x
tN 2021-10429

10.0 acres
24 l|19
Exi49E
Parcel 3
AP 157-050-09, llx
AP 157*07A-05
AP 003-190-10x
tN 2021:15567
153.2 ocres
70' easement
Future
water tank
Noguera
Centerline of 70'
aosament, see
Exhlbit A for
legal description
Note;
Shoded orea = Residentiol Davelopment Area a
(oko Hull Residential Porcels)
N
Road. Easement
Residential DevelciPment Area
Redwood Avenue, Ukiah
Iular 22, 2022 Seale: 1" =700'
0 7oo 1400 2taa
C2

Exhibit L
Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions 1 Reservation in Grant Deed from Hull to City of Hull Properties Re Hull Residential Parcels David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, as California limited liability company (“Hull” of “Grantor”), on the one hand, and the City of Ukiah, a general law California City (“City” or “Grantee”)), on the other hand do hereby acknowledge and agree that the form of reservation of easement for the benefit of Hull and burdening the real properties to be acquired by City, as required by the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions (“Exchange Agreement”), shall substantially include the content below.

RESERVATION OF EASEMENT
In Hull’s transfer of title in and to the Hull Properties to City under the Exchange Agreement, the deed by which said transfer is made and recorded shall contain a reservation providing that Hull, including Hull’s successors, heirs, and assigns forever, reserves from said grant, transfer, and conveyance an exclusive easement for ingress, egress, and public and private utilities, on, over, under, and through the following described real property:

ALL THAT CERTAIN REAL PROPERTY situated in or about Ukiah, Mendocino County, California, more particularly described in Exhibit A and as shown in Exhibit B and Exhibit C2; and ALL THAT CERTAIN REAL PROPERTY situated in or about Ukiah, Mendocino County, California, more particularly described in Exhibit C1 as shown in Exhibit C2, for purposes of further sewer, electric and water utilities infrastructure, including without limitation wells, storage tanks, pipes and components, the precise location of said infrastructure which shall be determined during construction and subsequently described by a surveyed easement instrument which shall be recorded and amend this provision.

Each such referenced Exhibit is attached hereto and incorporated herein by reference.

Said reservation of easement is appurtenant to the real property described in Exhibit C1 as shown in Exhibit C2 (including any re-subdivisions thereof or parcels created therein)—attached hereto and incorporated herein by reference—for all lawful purposes, including but not limited to residential development and use. Said easement shall run with said lands, including any parcels created within it.

Said reservation of easement is also in gross to Grantor, together with the right and power to convey to others (in whole or in part) the easement(s) granted in this instrument, and shall remain so regardless of Grantor’s ownership of any lands.

Said reservation of easement includes the right to use, construct, reconstruct, repair, replace, maintain, and inspect facilities used to provide utilities, including but not limited to, electrical, cable, telecommunications, gas, sewer, and water. Said facilities include, but are not limited to, conduits, cables, manholes, vaults, utility poles, guying equipment, semi buried or ground mounted facilities such as pads, transformers, cable, or communication pedestals and other necessary or convenient facilities used for these purposes.

This reservation of easement includes not only Grantor’s right to use the easement as described above but also a right of access thereto across Grantee’s real property and to erect, maintain, and replace signs

Exhibit L
Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions 2 and markers warning of the location of said facilities, to survey within said easement, and to place or replace surveying stakes and monuments or a permanent nature therein.

Said grant is made together with the right of Grantor to re-convey, in whole or in part, non-exclusive easements to third parties for the easements reserved by this instrument.

Grantee retains the right to use the land subject to the easements provided that use does not obstruct or otherwise interference with Grantor’s use of the easement of the purposes set forth herein.

trXHIBIT IIAII
A 70 foct r.ride exclusive easement over a portion of the D & J fnvestments '^r PruPEr uJsD i ^^ aD described in the Quitclaim Deeds recorded July A7, 202L .1s Tnstrument Number 2027-LAO29 and Octoher 15, 2A2l as Instrument Numbers 2A2: *755€,6 and L5561 , Mendocino County Records as shol,rn on the attached EXHfBIT ttBtI and the cente::}ine of saici easement is as desc::ibed below:

BEGINNING at the southeast corner of the D & J Inrzestments property described in Instrument Number 2021-70029, Mendocino Ccunty Records, said poin[ being on the centerline of a prival-e road as shown on the Record of Survey map recorded in Map Case 2, Drawer 21, Page 7r Mendocino Cc,unty Records; 1-hence along the centerline of saj-d road North 85" 26.'00" L{e"st, 109.50 feet,'thence along a curve to the left with a radius of 275.00 feet, a central angle of 11og4t3gtt and an arc length of 53.16 feet; thence South 33a2gr3p't West,743.44 feet; thence along a curve to the right with a radius of- 60.00 feet, a central- angle of 4go55r3grt and.an arc length of 42"86 feet; thence North r1 \o35r63rr WesL. 59.56 feet; thence along a curve to the right with a radius of 20.A0 feet, a centr:at angle c,f 721 '70100" and an arc length of 44.39 feet;'thence North 71o35tggrr East, 54.41 feet; thence alonq a curve to the left with a radius of 75.00 feet, a central angle of 75o09r30tt and an arc length of 98.38 feet; thence North 63o34t39't West, 38"02 feet; thence along a curve Lo Lhe right with a radius of 40.00 feet, a central angle of 59o36rggtt and an arc lerrgth of 4?,.52 feet,'thence alonq a curve to the left with a radius of 70.00 feet. a central angle of 39o58'00" and an arc length of 48.83 feet; thence along a curve to the right with a radius of 70.00 feet, a centraf angle of 64042t001t and an arc length of 79.05 feet,'thence along a curve to the }eft with a radius of 150.00 feet, a eentral angJ e of 15o 03 ' 00tr and an arc Lengt' oF 42.02 f eet,' thencd North 74o36rq0ir East, 44.06 feet; thence along a curve to the left with a radius of 90.00 feet, a central angle of 4:-o561'1gtt and an arc length of 65.88 feet; thence No::th 32o40'00" East, 129.99 feet; thence along a curve to the lefr with a radius of 30.00 teet, a central dnqle of 158"45'00" and an arc length of 83"12 feet; thence South 53o55rggtt West,

74.32 -f eer,' chence alcng a curve to che righc wi th a radius of 50. 00 f eet, a central angle of 49"72'30" and an arc length of 42-94 feet," thence North "76'52 '30" West, 9't.68 feet," thence along a curve to the right with a radius of 340"00 feet, a central angle of 12"40i(J0" and an arc tength of -i 5.Ll Iee1 ,' thencc NoLth b4a'i'2i.3i11 Wesr/ 90.Jb Ieet," ch+nce along d curve to the left with a radius of 180.00 teet, a central anqle of 13o59t66tt ancl an arc lenqt h of 5y.6= f eet,' thence North 83" Ll '-3u" West, -b.34 leet,' t hence o -ong a curve to ihe right wit-h a radius of 220.00 feet, a centrai angie of Lio5Jii0ii ano an arc length of 5.J. J4 feet; thence NolLn 69o1;;6;ri Wesr/ 235.59 feet; thence aiong a curve to the ieft with a raciius of 270.00 feet, a central angie of 13c5'2tg6t; and an arc length of b5.35 feet,'thence No::th 33o16tggtr InTest | 5-l .b I teet; thence along a curve to the -left lvilh a radius of 2uA"A0 feet, a centrat anqle of 45"28'Li" and an arc Iength of Lb2.2.L feet; thence a-1ong a cLrrve to the right r,uith a raci.ius of 200 - 00 feet, a ientrdi ang L-- of b4'U3'5J" and dn arc -engrh of '2'23.b3 f eet; t nence North 65'34'1v" WesL, 153.52 Leet,' thencc along a curve to the Iett wiih a radius .^^-t ^ ^E - n J --' i-)L ]i .^i or rt\J.... J IeeL, a 1E..,-dr drrvrE ur : J- J5" anci dn arc length of -56.09 f eet.' ttrence South *J9'54 I 060' West/ 160.58 f eet; thence along a curve to the right with a radius of 80.00 feet, a central angle of 55034i13ii anci an arc iength of '71 .59 feet,' thence aio.ng a curve r:o t-he iefi with a radius of .E0. 00 f eet, a central angle of B9c 1B i i5 ii and an arc tength of L24.69 f eet,' thence South U6'1U'r:J1" Westt l4.l-l feet; f-hence alorrg a curve to the left Page r or z Reservation of Easement

,,.Jith e radius cf 150.00 feet, a central angle of 20c28 i 07ir and an arc length of 53.59''feet; thence South i4oLBl06" East, 57.98 feet; thence along a curve to the right vrith a raciius of i20.00 feet, a centrai angle of " 60' 4-7 | 42" and an arc length of i21 .33 feet; thence South 460'29t 35tt Vfest,

70.00 feet; thence continuing along saici road in a westeriy direction approximateiy 1000 feet to the westeriy end of the "Adciitional Development Area" as described on the attached Exhibit and as shown on the attached .ilxhrort .

Easements locateci r^rithin AP 003-190-i0x, 157-070-05 and 157-050-09 & 11x Reowooci Avenue, Uklah, CA
This real property description has been prepared
hy me or uncier my di-rection in conformance with
L'he Professional Land Surveyor r s Act.

Ron W. Franz L,S. 'i7i3 Dateci
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Exhibit
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Parcel 4
AP 001-040-83
tN 2020-08216

77.6 acres
Additional
Development area
Portion of Porcels 3 & 4
*40 acres
Parcel 2
AP 003-190't0x
w\y
lN 2021-15566

5.0 ocres Parcel I
AP 003-190-l0x
tN 2021-10429

10.0 acres
24 l|19
Exi49E
Parcel 3
AP 157-050-09, llx
AP 157*07A-05
AP 003-190-10x
tN 2021:15567
153.2 ocres
70' easement
Future
water tank
Noguera
Centerline of 70'
aosament, see
Exhlbit A for
legal description
Note;
Shoded orea = Residentiol Davelopment Area a
(oko Hull Residential Porcels)
N
Road. Easement
Residential DevelciPment Area
Redwood Avenue, Ukiah
Iular 22, 2022 Seale: 1" =700'
0 7oo 1400 2taa
C2

Exhibit M
Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions 1 Reservation in Grant Deed from Hull to City of Hull Properties Re San Jacinta Properties David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, as California limited liability company (“Hull” of “Grantor”), on the one hand, and the City of Ukiah, a general law California City (“City” or “Grantee”)), on the other hand do hereby acknowledge and agree that the form of reservation of easement for the benefit of Hull and burdening the real properties to be acquired by City, as required by the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions (“Exchange Agreement”), shall substantially include the content below.

RESERVATION OF EASMENT
In Hull’s transfer of title in and to the Hull Properties to City under the Exchange Agreement, the deed by which said transfer is made and recorded shall contain a reservation providing that Hull, including Hull’s successors, heirs, and assigns forever, reserves from said grant, transfer, and conveyance an exclusive easement for ingress, egress, and public and private utilities, on, over, under, and through the following described real property:

ALL THAT CERTAIN REAL PROPERTY situated in or about Ukiah, Mendocino County, California, more particularly described in Exhibit A and as shown in Exhibit B, each of which is attached hereto and incorporated herein by reference.

Said reservation of easement is appurtenant to the real property described in Exhibit C (including any re-subdivisions thereof or parcels created therein)—attached hereto and incorporated herein by reference—for all lawful purposes, including but not limited to residential development and use. Said easement shall run with said lands, including any parcels created within it.

Said reservation of easement is also in gross to Grantor, together with the right and power to convey to others (in whole or in part) the easement(s) granted in this instrument, and shall remain so regardless of Grantor’s ownership of any lands.

Said reservation of easement includes the right to use, construct, reconstruct, repair, replace, maintain, and inspect facilities used to provide utilities, including but not limited to, electrical, cable, telecommunications, gas, sewer, and water. Said facilities include, but are not limited to, conduits, cables, manholes, vaults, utility poles, guying equipment, semi buried or ground mounted facilities such as pads, transformers, cable, or communication pedestals and other necessary or convenient facilities used for these purposes.

This reservation of easement includes not only Grantor’s right to use the easement as described above but also a right of access thereto across Grantee’s real property and to erect, maintain, and replace signs and markers warning of the location of said facilities, to survey within said easement, and to place or replace surveying stakes and monuments or a permanent nature therein.

Said grant is made together with the right of Grantor to re-convey, in whole or in part, non-exclusive easements to third parties for the easements reserved by this instrument.

Grantee retains the right to use the land subject to the easements provided that use does not obstruct or otherwise interference with Grantor’s use of the easement of the purposes set forth herein.

EXI{IBIT iiAii
A T0 foot wicie non-exciusive easement over a portion of l]he Eiiison property as describeci in the Quitciaim Deeci recorcieci July 10 ' 2A20 as Instrument. l\umber 2A2O-O82iB, anq over a portion of .the D&J f nvestmeni-s ;;;;;;y ciescribeci in the Quiiciaim oeeci recorcied - -Juiv L, Zazl as lnstrument i'{ufnber 202i*iAA2g, iuienoocino County Recorcts ' saici easement is ;;:;;;;--or--fi." attached ExHrBrr "B" arrci the cJnteriine of saici easement is oescribed below:

BEGr-NNING aI the northeast e orner of the said Eilison propert-y'' th'ence aiong the north iine of said property ancj along the cenieriine of an exisfing road, North 85"25t0U" hfest, -l 09-50 feet,'thence alonq a curve to the left wrth a radius of 21b.oo feet, a central angle of 11'04i30" and an arc length of Sr.fe feet,'thence South 83o29'30" Westr L43'44 feet; thence ieaving saicj properry iine and continuing aiong saicr roao aiong a curve 1-o the right with a raciius of 00.00 feet, a central angle or.4Do55'30u'and an arc length of 42.85 feei ano being the eno of this line ciescription" Easemeht iocateci within AP 003-1go-io & 11f Redwood Avenue, ukiah' cA This reai property descripiion has been prepareci
by me or urrci"t my oirection in conformance ruith
the Professionai Lanci Surveyor's Act'
Ron W Franz L. S. ilare0

Exhibit " B"
lN * lnstrument Number,
Mendocino County Records
/P - lssessor Porcal
Existing rood ond centedine
of existing 70' wide eaeement
for accasi ond uttlitles per
-
'/
1036 oR 67, os snovn 7i necoT\ / of Survey mop recorded in Mop \.

Cose 2,'Droier 27, Poge l, tiCR V
D&J lnvestments
tN 2o2t-10029
Portlon of
AP 003-190-10
t
l
-\--4\
t,
/
Noguero
tN 2018-04364
AP 003-190:09
,/ -/
q,
.s
t.
b
$
t
N
s9825'18"W
Lina Toble
Dlrectlon Distonce
N9526'OO"W 109.50' s8329'30'W 143.44'
Length Delta ' Radlus

53.16' u'04'50" 275.00' 42.86' 4055'30" 60.00'
Noguero
tN 2018-04363
AP OO3-fi0-70 e 90
Elllson
tN 2020-0E218
AP OA3-190-11
Line
L1
L2
Curve
ct
c2
Easement Plat Map
Redwood Avenue, Ukiah
Mar 23, 2022 -- Scale: 7"=760'
End of new 70'
wlde eosement
Centerllne of new
70' wide eosement
(Ll, Cl, L2; C2)
Curve Toble

(Legal Description) Page 1 of 1 20220270RB
Escrow No.: 20220270RB
Title Order No.:

Legal Description
THE LAND REFERRED TO HEREIN BELOW IS DESCRIBED AS FOLLOWS:

Tract One:

Lying within Section 30, T15N, R12W, M.D.B.&M. and Lot 77 of the Yokayo Rancho and being more particularly described as follows:

Beginning at a 1/2” iron pipe plugged L.S. 3089 and being the Northwesterly corner of Lot 2 of said Section 30 as shown per Case 2, Drawer 16, Page 30 M.C.R.; thence S 0°10’50” E 1325.72 feet to a ½” iron pipe plugged L.S. 3089 being the Southwesterly corner of said Lot 2; thence N 87°51’37” E 504.77 feet to a 1/2” iron pipe plugged L.S. 3089 being the Southeasterly corner of said Lot 2; thence along the Easterly line of said Lot N 0°13’08” W 733.49; thence N88° 12’ 00” E 255.00 feet; thence N 41° 14’ 41” W 388.33 feet; thence N 73° 11” 09” W 401.86 feet; North 160 feet to the Northerly line of said Lot 2; thence along said line S 88° 37’ 58” W 120 feet to the point of beginning .

APN: 003-190-08 & 003-500-19
Tract Two:

Together with a non-exclusive easement for ingress, egress and public utilities being a width of 30 feet and lying equally left and right of the following described centerline.

Beginning at a point on the centerline at the Westerly end of San Jacinta Dr. as shown per Case 2, Drawer 13,

with central angle of 39° 56’00” a radius of 50.00 feet, a distance of 34.85 feet; thence S 46°08’ W 70.00 feet to a tangent curve concave to the East; thence thru said curve with a central angle of 76° 08’ a radius of 50.00 feet, a distance of 66.44 feet; thence S 30°00’ E 40.00 feet to a tangent curve concave to the Northwest, thence thru said curve with a central angle of 148° 20’ a radius of 40.00 feet, a distance of 103.56 feet; thence N 61° 40’ W 65.00 to a tangent curve concave to the Northeast, thence thru said curve with a central angle of 44° 40’ a radius of

50.00 feet, a distance of 38.98 feet; thence N 17° 00” W 50.00 feet to a tangent curve concave to the southeast; thence thru said curve with a central angle of 198° 00’ a radius of 75.00 feet, a distance of 259.18 feet; thence S 35° 00’ E 32.81 feet to the terminus of the above described line.

EXHIBIT F

EXHIBIT C

Exhibit N
Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions Grant Deed (Easement) from Hull to City Re Hull Residential Parcels David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, as California limited liability company (“Hull” of “Grantor”), on the one hand, and the City of Ukiah, a general law California City (“City” or “Grantee”)), on the other hand do hereby acknowledge and agree that the form of grant deeded easement for the benefit of City and burdening the Hull Residential Parcels, as required by the Property Purchase-Sale / Exchange and Development Agreement and Joint Escrow Instructions (“Exchange Agreement”), shall substantially include the content below.

GRANT DEED EASEMENT
In Hull’s transfer of title in and to the Hull Properties to City under the Exchange Agreement, the deed by which said transfer is made and recorded shall contain a reservation providing that Hull, including Hull’s successors, heirs, and assigns forever, reserves from said grant, transfer, and conveyance an exclusive easement for ingress, egress, and public and private utilities, on, over, under, certain described real property as provided for elsewhere in the Exchange Agreement. Upon recording of the grant deed containing said reservation, Hull shall then cause to be recorded a grant deed (easement) to City for a non-exclusive easement for ingress, egress, and public utilities, on, over, under, and through the following described real property:

ALL THAT CERTAIN REAL PROPERTY situated in or about Ukiah, Mendocino County, California, more particularly described in Exhibit A and as shown in Exhibit B, each of which is attached hereto and incorporated herein by reference.

Said easement shall run with said lands, including any parcels created within it. Said grant of easement is appurtenant to the real property described in Exhibit C (including any re-subdivisions thereof or parcels created therein)—attached hereto and incorporated herein by reference—for all lawful purposes, including but not limited to residential development and use. Said easement shall run with said lands, including any parcels created within it. Except as provided above regarding the real property described in Exhibit C, said grant of easement is appurtenant to the real property described in Exhibits D and E— attached hereto and incorporated herein by reference—for open space use only Said grant of easement includes the right to use, construct, reconstruct, repair, replace, maintain, and inspect facilities used to provide utilities, including but not limited to, electrical, cable, telecommunications, gas, sewer, and water. Said facilities include, but are not limited to, conduits, cables, manholes, vaults, utility poles, guying equipment, semi buried or ground mounted facilities such as pads, transformers, cable, or communication pedestals and other necessary or convenient facilities used for these purposes.

This grant of easement includes not only Grantee’s right to use the easement as described above but also a right of access thereto across Grantor’s real property and to erect, maintain, and replace signs and markers warning of the location of said facilities, to survey within said easement, and to place or replace surveying stakes and monuments or a permanent nature therein.

Grantor retains the right to use the right, title, and interest that is subject to the easement in this instrument provided that use does not obstruct or otherwise interference with Grantee’s use of the easement of the purposes set forth herein.

EXIITBTT rrAi'
(D&J Investments)
A 70 foot wide non-exclusive easement over a porti-on of the D &,J- rnve.stments properties as described in the euitclaim Deeds recorded ,ruiy 0i, 2o2L as rnstrument Number 2a21-i0029 and october 1-5, 2021 as rnstrumeni Numbers 2O2i-75566 anci 75561, Menciocino County Records as shown on the atLached EXHrBrr trB" ancl the centeriine of said easement is as described be,low: ..

BEGTNNTNG at the southeast corner of the D & J rnvestments property ciescrlbed in rnst.rument Number 2a27-ia02gt Mendocino county Records,-said point being on the centeriine of a private roaci as shown on the Record of survey map recorcieci j-n Map case 2, Drawer 2J, page l, Mendocino Count_.y Recorcis; thence along the centerline of saici road- North B5 c26 r (_)0r, W;r;; 109.50 feet; thence aiong a curve ro the left wlth a radius of 215.00 feer, a central anqle of 11q04r30ri and an arc length of 53.1-6 feet; thence south 83o291301t west, 143.44 feet; thence along a curve to lhe right with a radius of 60-00 feeL, a central angle of 40c55'30* and an arc length of 42.86 feet; thence North 55o35i00ri west, 59.56 feet; thence along a curve to the, right with a radius of 20.00 feet, a central angle of aZl"J-0,00,,and an arl length of 44.39 feet; thence North Tlca5igglr Eastr 54.4j feet; thence aiong a cllrve to the Ieft wiih a rarlius of 75.00 feei, a centrar angle of 15o09'30" and an arc length of 98.3g feet; thence North 03ca4,30i, west, 38.02 feet,'thence aiong a curve to the right with a radius of 40.00 feet, a central angle of 69o30to0" and an arc length of 4g.sz feet; thence along a curve to the left with a radius of 70.00 feet, a central angle of 39o59 r ggrr and an arc length of 4g. g3 feet,. thence along a curve to the right.r,rith a radius of 70.0u feet, a central angle of 64"-42'00" a;d -n -r" length of 79.05 feet,'thence along a curve to the left with a radius of 150'00. feet, a centqal angle of 16603'00" and an arc rength of 42.02 feet,. thence North 74o35r39'r East. 44.C6 feet; thence along a curve to the left with a radius of 90.00 feet, a c^entral angJ-e of 47"56i30,, anci an arc length of 65.88 feet; thence North 32c46r69tr nist, LZg.gg feet; thence along a curve to the left rsith a raciius of 30.00 feet, a central angle of i53o45; ggtt and an arc length of 83.12 feet; thence South 53"55, gg,,- West, i4'32 feet; thence along a curve to the right with a raciius of 50.00 feet, a central angie of 4go12r3gir and an arc rength of 42.g4 feet; thence North 76"52'30" tr{est, 95.69 feet,. thence along a.curve to the right wlttr a radius of 340'00 feet, a central anqle of 1264g'gg" anci an arc tength of 75,l-7 feet; thence North 64'72 r30r' I{est I g0.36 feet; thence along a curve to the left with a radius of 180.00 feet, a central angle of 16"5!'69" i"J r. length of 59-64 feet; thence North 83"11'30" west "r" t L6.34 reet;- tir""lurrrorrq a curve to the right with a raciius of 220.00 feet, a central angie of 13o53t36'r ancl an arc length of 53.34 feet; thence North 69.18,6g,,- West, 235'59 feet; thence al-ong a curve to the left with a radius of 270.00 feet, a central angle of 13"52'00" and an arc length of 6s.35 feet; thence North 93c16'ggri West, 57.57 feet; thence along a curve to the left with a radius of 200.00 feet, a central angle of 46";L8'!1" and an arc length of 162.2L feet; thence along a curve to the right with a raciius of 200.00 feet, a central angle of 64003'53" and an arc length of 223.63 feet; thence North 65'34'l-9" west, 153.52 feet,. thence along J.,.rr.r* to the }eft with a radius of 120'00 feet, a central angle of 74"tL'35" and an arc J-ength of 156,09 feet; thence south 39"54r06" West, 160.58 feet; thence along a curve to the 1ight. wi!-h a radius of 80'.00 feet, a central angle of 55c34r16, and an arc length of 77.59 feet; thence along a curve to the left with a radi-us of 8o'00 feet, a central angle of 69"{gr15" and an arc tenqth of 1-24.69 feet; Page i of 2 D & J investments to City easement

thence South 060 10 r 01rr klest | 14.t-l f eet,- thence along a curve to 'the 1ef t with a radius of 150.00 feet, a central angle of 2Ac2810J11 and an arc iength of 53.59 feeL; ihence Souih i4'18'06" Eastt 5i-98 feet; thence aiong a curve to the right ruiih a radius of i20.O0 feet, a centrai angie of 5Xc 41 t 42ti and an arc length of 127.33 feel*; thence South 464 29t 36tr west, ?n /V.VV r^rn lgEL, €^^+. +hence U, continuing along said roaci in a westeriy ciirection approximateiy i000 feet to the l^resterly enci of the t'Aciciitionai Deweiopment Area" as ciescribeci on the attacheci Exhibit B2 anci as shown on the attacheci Elxn-rf,}I- BJ.
.-
EA'sements locateci within AP 003-190-1-0x, i57-070-05 anci 157-050*09 & 11x Redwoocj Avenue, Ukiah, CA !
This reai properiy ciescription has been prepared
by me or uncier my direction in conformance with
the Professiona-r Lanci Surveyor I s Act.

B.on W. Franz L.S. 1Li3 Dated
Paqe 2 oi 2 D & J InvesLments to City easement

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EXHIBIT I'B2I'
(Hul I and D&J fnvestmenls)
A11 that certain property sltuated 1n the Countlz of Mendocino. State of Cafifornia, more particularly describ6d as follows:

Alf those properties "l-ocated wj-thin Sections 19 and 30. Township 15 North, Range 12 West, Mount Dlablo Merldlan descrlbed.as follows:

An approximate_ 40 acre area lying within the properties described in fnstrument Nur,r[cers 202A-082L5 and 2021-L5567, Mendocino County Records, labeled as Parce]s 3 and

4.:ori the atbached Exhibit *B3". (Owned by HulI and DeJ fnvestments, portion of AP 001-040-83, portion of AP 003-190-10 and portion of AP 157-070-05). 't ,i:

This area is shown on the attached Exhibit "B3". labeled Additionaf Residential Development Area.

Exhibit " 83"
>
\
q
i
F.)
q
Parcel 4
AP 001-040-83
tN 2020-08216

77.6 acres
Additional
Development area
Portion of Porcels 3 & 4
*40 acres
Parcel 2
AP 003-190't0x
w\y
lN 2021-15566

5.0 ocres Parcel I
AP 003-190-l0x
tN 2021-10429

10.0 acres
24 l|19
Exi49E
Parcel 3
AP 157-050-09, llx
AP 157*07A-05
AP 003-190-10x
tN 2021:15567
153.2 ocres
70' easement
Future
water tank
Noguera
Centerline of 70'
aosament, see
Exhlbit A for
legal description
Note;
Shoded orea = Residentiol Davelopment Area a
(oko Hull Residential Porcels)
N
Road. Easement
Residential DevelciPment Area
Redwood Avenue, Ukiah
Iular 22, 2022 Seale: 1" =700'
0 7oo 1400 2taa

EXHIBIT D
(Hull, D&J Investments)
All that certain property situated in the County of Mendocino, State of California, more particularly described as follows:

All those properties located within Sections 19 and 30, Township 15 North, Range 12 West, and within Sections 25 and 26, Township 15 North, Range 13 West, Mount Diablo Meridian, described in the following nine instruments:

1. Instrument No. 2021-10029, Mendocino County Records, D&J Investments, LLC

2. Instrument No. 2021-15566, Mendocino County Records, D&J Investments, LLC

3. Instrument No. 2021-15567, Mendocino County Records, D&J Investments, LLC

4. Instrument No. 2020-08216, Mendocino County Records, Hull

5. Instrument No. 2021-10034, Mendocino County Records, D&J Investments, LLC

6. Instrument No. 2021-10033, Mendocino County Records, D&J Investments, LLC

7. Instrument No. 2021-10032, Mendocino County Records, D&J Investments, LLC

8. Instrument No. 2021-10031, Mendocino County Records, D&J Investments, LLC

9. Instrument No. 2020-18046, Mendocino County Records, Hull, EXCEPTING THEREFROM all that portion land described in Instrument No. 2020-18046 that was granted from Hull to the City of Ukiah by way of Instrument No. 2020-18047.

EXHIBIT D

EXHIBIT E

EXHIBIT O

Road

EXHIBIT P

1 DECLARATION OF

COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE

REDWOOD AVENUE WESTERN HILLS PROJECT
______________________
This Declaration of Covenants, Conditions, and Restrictions of The Redwood Avenue Western Hills Project (“Declaration”) is made on the date executed below by David J. Hull, individually as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, a California limited liability company (collectively “Declarant”).

RECITALS
This Declaration is made with regard to the following facts:

A. Declarant is the owner of that certain property located in the County of Mendocino County, California, comprising approximately fifty-five (55) acres and more particularly described and shown in Exhibit A, which is attached hereto and incorporated herein by reference (“Development Property”).

B. Declarant intends to improve the Development Property by creating, including through the boundary line adjustment process, between three (3) and up to seven (7) residential parcels (or Lots) within the Development Property lands from and among a certain real property, portions of which Declarant owns and portions of which are owned by the City of Ukiah (“City”). Such lands owned by Declarant and City are more particularly described in Exhibit B and Exhibit C, respectively, each of which is attached hereto and incorporated herein by reference (collectively “Hull-City Properties”)
C. The present configuration of the legal parcels comprising the HullCity Properties is shown on the first page (labeled “Existing Condition”) of the Map attached hereto and incorporated herein by reference as Exhibit D. The approximate intended location of all proposed seven Lots in the Development Parcels is shown as Parcels 1-7 on the second page (labeled “Proposed Condition”) of the Map.

D. Two Lots within the Development Property have been configured and established as legal parcels. The two parcels are shown on Exhibit A, labeled “Parcel 1” and “Parcel 2,” and also on Exhibit D, labeled there “Par 1” and “Par 2.” Declarant intends to configure the additional parcel or parcels within the lands described as “Additional Development Area” on the map made part of Exhibit A.

E. Declarant intends to create said Lots as part of a private, gated, residential development providing for separate title to each parcel/lot within said development project.