Ukiah City Council
December 6, 2023

Conditions of Approval
Western Hills Annexation Area Amendment
8 square nails; and refuse deposits or bottle dumps,
often located in old wells or privies.

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
erosion, the loss
of topsoil and
landslides if not
properly designed
Incorporation of Mitigation Measure CUL-1 Qualified
archaeologist Developer
During
ground
disturbing
activities
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 Developer Developer
Prior to any
ground
disturbance
and
throughout
construction
activities;
ongoing as
needed to
control
erosion

Conditions of Approval
Western Hills Annexation Area Amendment
9 fencing, etc. No silt, sediment or other materials shall be allowed to flow from the project area.

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
introducing new
temporary
sources of
ignition that could
increase fire risk.

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
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.

Developer Developer During
construction

Conditions of Approval
Western Hills Annexation Area Amendment
10 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
(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.

Developer Developer
Prior to
issuance of
building or
grading
permits, and
during
construction
Utilities and Service Systems

Conditions of Approval
Western Hills Annexation Area Amendment
11 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

ATTACHMENT 4
RESOLUTION NO. 2023-__

RESOLUTION OF APPLICATION OF THE CITY COUNCIL OF THE CITY OF UKIAH FOR THE

WESTERN HIILS ANNEXATION AREA, PREZONING, AND ADOPTION OF AN ADDENDUM TO THE

PREVIOSULY CERTIFIED MITIGATED NEGATIVE DECLARATION FOR THE UKIAH WESTREN HILLS

OPEN LAND ACQUISITION AND LIMITED DEVELOPMENT AGREEMENT PROJECT WHEREAS:

1. On January 16, 2020, the Ukiah City Council adopted an Annexation Policy (Resolution No. 2020-06) that states that the City will pursue, apply for, and support the annexation of unincorporated areas to the City to avoid the negative consequences of continued urban sprawl and to ensure the efficient provision of municipal services to unincorporated areas without placing an undue financial burden on the City or its residents; and

2. On September 15, 2021, the City Council introduced Ordinance No. 1217, approving the Ukiah Western Hills Open Land Acquisition & Limited Development Project (“2021 Western Hills Project”) for acquisition, annexation and prezoning of approximately 707 acres, and the associated Initial Study and Mitigated Negative Declaration (ISMND; SCH No.2021040428) via Ordinance No. 1217; and

3. On March 2, 2022, the City Council approved the Limited Development Agreement and Property Exchange (COU-No.2122-201), and a Road, Access and Maintenance Agreement (COU-No. 2122-200) associated with the 2021 Western Hills Project; and

4. On June 8, 2022, the City of Ukiah submitted application number A-2022-02 for annexation of the 2021 Western Hills Project parcels to the Mendocino County Local Agency Formation Commission (LAFCo). The application also included several privately-owned parcels (±44 acres total; referred to as the “clean up parcels”) located in between the 2021 Western Hills Project parcels and the County’s jurisdictional boundary, to inform the deliberate and appropriate boundaries for the City of Ukiah. Some of these parcels also span both City and County jurisdiction and the City proposes to annex them to rectify this jurisdictional issue; and

5. On December 7, 2022, the City Council adopted Resolution No. 2022-78 and Resolution No. 79, adopting the City’s 2040 General Plan and certifying the associated Environmental Impact Report (EIR; SCH No. 2022050556). The 2040 General Plan and EIR identify the Western Hills Annexation Area as one of the three areas the City intends to pursue for annexation. The 44 acres of privately owned parcels intended to rectify jurisdictional issues (“clean up parcels”) were included in the Western Hills Annexation Area within the General Plan and EIR, bringing the total Western Hills Annexation Area to 752 acres; and

6. On December 19, 2022, LAFCo approved the City’s Ukiah Municipal Service Review (MSR) and Sphere of Influence (SOI) Update. The updated SOI includes the entire Western Hills Annexation Area (752 acres) identified within the General Plan; and

7. In early 2023, an additional 40-acre parcel (APN 003-190-11) directly adjacent (south) to the Western Hills Annexation Area and City’s western City limit became available for purchase;

8. The City of Ukiah desires to continue a proceeding for the adjustment of boundaries specified herein by seeking acquisition of the parcel for open space and access opportunities in connection with the Western Hills open space parcels.; and

9. Pursuant to Government Code Section 56654(a), the City must approve a resolution of application in order to initiate annexation proceedings; and

10. Pursuant to Government Code Section 65859 and Ukiah City Code Section 9267, the City may prezone unincorporated territory adjoining the City for the purpose of determining the zoning which will apply to such property in the event of subsequent annexation to the City; and;

11. Pursuant to Section 15164 of the CEQA Guidelines, an Addendum to an adopted MND may be prepared by a lead agency or a responsible agency if minor changes or additions are

ATTACHMENT 4
necessary and none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent EIR or subsequent MND have occurred.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that:

1. This proposal is made, and it is requested that proceedings be taken, pursuant to the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000, commencing with section 56000 of the California Government Code, specifically Government Code § 56654(a).

2. This proposal is an annexation to the City of Ukiah.

3. Legal descriptions of the affected territories are set forth in Exhibit A, and maps of the affected territories are set forth in Exhibit B, attached hereto and by reference incorporated herein.

4. The additional parcel to be annexed is a 40-acre uninhabited parcel that is contiguous to the existing Western Hills Annexation Area and City limits, resulting in a total annexation area of approximately 792 acres.

5. The 40-acre parcel is not located within the City’s Sphere of Influence, but is included in the City’s Planning Area (as identified in the 2040 General Plan). The proposal to include this parcel complies with Government Code Section 56742 in that the property is 1) less than 300 acres and located in Mendocino County where the City is situated; 2) is contiguous to the existing City limits and Western Hills Annexation Area; and 3) will be owned by the City and used for municipal purposes at the time these commission proceedings are initiated.

6. 7.
25 acres of the 40-acre parcel would be owned by the City and maintained for open space and municipal purposes, while 15 acres would be transferred to the private property owner (Hull) via a Purchase Agreement between the City and Hull and would allow Hull to retain one +/- 15-acre parcel which can be subdivided into, not to exceed, three parcels upon each of which one single family residence and one accessory dweleing unit can be constructed as specified in the Purchase Agreement.

The City proposes to prezone the property(ies) Public Facilities (PF) and Single-Family Residential-Hillside Overlay (R1-H), as depicted on the prezoning map in Exhibit B.

8. In accordance with CEQA Guidelines Sections 15162 through 15164, an Addendum to the 2021 Western Hills Project ISMND (SCH No: 2021040428) has been prepared by the City of Ukiah Community Development Department, Planning Division.

9. As discussed in the Planning Commission Staff Report and Addendum, none of the criteria noted in CEQA Guidelines 15162 have occurred, and only minor changes are necessary in order to deem the Addendum to the certified MND adequate. Specifically, there are no substantial changes proposed that require major revisions of the 2021 MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Addendum incorporates mitigation identified in the 2021 MND to reduce all impacts to a less than significant level. No new impacts that were not previously discussed in the 2021 MND have been identified.

10. As discussed throughout the Addendum, staff reports and associated documents, the proposal and associated actions are consistent with the City’s General Plan, Zoning Code, as well as the Government Code and LAFCo policies related to annexation.

11. The City Council approves the Western Hills Annexation Area amendment, prezoning and associated actions.

12. The City Council adopts the Addendum (and associated Mitigation Monitoring Reporting Program) to the 2021 Western Hills Project ISMND (SCH No: 2021040428), based on the findings described in Attachment XX and the Conditions of Approval in Attachment XX.

13. Once the territory is annexed by the City, it will no longer be subject to property taxes.

Moreover, the use of the property for governmental purposes will not generate any other tax revenues, such as sales tax. As such, this reorganization will not result in any taxes that could be shared by the City and County pursuant to a tax sharing agreement.

ATTACHMENT 4
PASSED AND ADOPTED this 6th day of December, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Josephina Dueñas, Mayor
ATTEST:

Kristine Lawler, City Clerk

City of Ukiah
157-080-05

GASKIN JOHN

THOMPSON & JEN
157-050-04

D&J INVESTMENTS
LLC
157-060-02

D&J INVESTMENTS
LLC
157-060-04

GRAVES STEPHEN

G & MARIA
157-060-03

CITY OF
UKIAH
157-080-04

DIVIJATI
003-190-14
157-050-01

BENGSTON

TTEE DAVID A
157-130-01

STUTSMAN
JERRY S 1/3
156-230-03

WILDBERGER
BONNIE L TTEE 1
157-110-07

STUTSMAN
JERRY S 1/3
157-080-03
BROOKE
CLAUDE L 1/7
157-040-16

CARON GAETAN
157-040-13

NUI RISING

MOON TRUST
157-060-01

NUI RISING

MOON TRUST
001-040-90

CEJA ISMAEL
156-220-04

WILDBERGER
BONNIE L TTEE 1
157-030-03

HULL DAVID J
157-150-05

GUILFOYLE

DEAN TTEE
157-140-11

MINOR MATTHEW

ISSAC & TALI
157-150-01

BROOKE CLAUDE
L & JANICE E 157-150-07

GARZINI

RICK L TTEE
157-030-02
D&J

INVESTMENTS LLC
157-150-06

HUFFMAN RANDY

W & KIMBERLY
157-070-05
D & J

INVESTMENTS LLC
157-050-03

CITY OF UKIAH
157-030-04

GALTIERI

CESARE A TTEE
157-130-07

WALLS CHRISTOPHER

E & MELI
003-200-04
BROOKE
CLAUDE L 1/7
157-050-09

D&J INVESTMENTS
LLC
003-200-16
WRIGHT
JOAN L 2/3
157-050-02

D&J INVESTMENTS
LLC
157-050-08

GRAVES STEPHEN

G & MARIA
157-070-03

GRAVES STEPHEN

G & MARIA
156-250-02

CASTRO FRANCISCO
& REBECCA
157-160-03

MORENO JESUS
& JUANITA I
157-130-04

KAEHLER ROGER

L & AGNES E
157-070-04

ELLISON
JIMMY
003-190-11

D&J INVST
HULL
157-160-12

MINOR MATTHEW

ISSAC & TALI
157-160-06

SANDERS
JERRY 1/2
156-240-13

CITY OF

UKIAH THE
001-040-02

CAVALIN GREGORY

G & LISA
001-040-01

NIX JAMES R &

ANNE M TTEES
001-041-01

WERRA ROBERT
J & MARLENE T 001-040-83

HULL DAVID
J TTEE
157-050-11

D&J INVESTMENTS
LLC
156-250-01

WILDBERGER
BONNIE L TTEE 1
156-240-01

WILDBERGER
BONNIE L TTEE 1
003-190-08

CITY OF UKIAH
001-040-82

HUFF GRAYDEN
DRAY 1/2
003-190-13

D&J INVESTMENTS
LLC
μ1:18,000
01 700 ,400 Feet
00 0.125 .25 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 6/3/2022
City Limits
ľ ľ ľ ľ ľ
ľ
ľ
2021 Western Hills Annexation parcels
"Clean up parcels" added during City's General Plan Update Additional parcel proposed for inclusion (Revised Project, 2023) Ukiah Western Hills Annexation Area Map
157-050-04

TS D&J INVESTMENT
LLC
157-060-02

D&J INVESTMENTS
LLC 157-060-03

CITY OF
UKIAH
003-190-14
157-050-01

BENGSTON

TTEE DAVID A
157 030 03 157-030-03

HULL DAVID J
157-030-02
D&J

INVESTMENTS LLC
157-070-05
D &J

INVESTMENTS LLC
157-050-03

CITY OF UKIAH
157-050-09

D&J INVESTMENTS
LLC
157-050-02

D&J INVESTMENTS
LLC
001-040-83

HULL DAVID
JTTEE
157-050-11

D&J INVESTMENTS
LLC
003-190-13

D&J INVESTMENTS
LLC
ľ
ľ
001-041-01

WERRA ROBERT

J & MARLENE T
ľ ľ ľ ľ
ľ
003-190-11

D&J INVST
HULL

City of Ukiah
157-060-02
157-060-03
003-190-17
157-050-15
001-420-40
157-030-03
157-030-02
157-070-05
157-050-03
157-050-18 157-050-16
003-190-09
003-190-11
001-041-01 001-040-83
003-110-90
003-190-13
001-040-81
157-050-13
001-041-02
001-041-04
001-041-07
003-190-16
157-050-14
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:
µ ANX 2021-0001
Various
Various
City of Ukiah
City of Ukiah
Western Hills
1:18,000
0 700 1,400 Feet
0 0.125 0.25 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 5/25/2023

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44 acres of "clean up parcels" (APNs 001‐420‐40; 001‐041‐02; 001‐041‐03; 001‐041‐04; 001‐041‐05; 001‐041‐06; 001‐041‐07; 001‐040‐81; and 001‐041‐01) are also prezoned R1-H

Western Hills Annexation Area Amendment
Table 1, Western Hills Annexation Area Parcels (as revised) Assessor Parcel No. Property Owner Situs Address Size (acres) 2021 Western Hills Project Parcels (707 acres total)
157-030-02 City of Ukiah None assigned 20.00
157-030-03 City of Ukiah None assigned 60.00
157-050-14 City of Ukiah None assigned 20.17
157-050-15 City of Ukiah None assigned 40.43
157-050-16 Dave Hull; D & J Investments, LLC. None assigned 40.25 157-050-18 City of Ukiah None assigned 60.00
157-070-05 City of Ukiah None assigned 76.20
003-190-17 Dave Hull; D & J Investments, LLC. None assigned 18.30 003-190-16 Dave Hull; D & J Investments, LLC. None assigned 0.29 003-190-15 Dave Hull; D & J Investments, LLC. None assigned 5.00 003-190-13 Dave Hull; D & J Investments, LLC. None assigned 9.08 003-110-90 Adonis & Sarah Noguera 620 Redwood Ave. 4.14 003-190-09 Adonis & Sarah Noguera 620 Redwood Ave. 10.20 100-040-83 Dave Hull; D & J Investments, LLC. None assigned 77.60 157-050-03 City of Ukiah None assigned 60.05
157-050-13 City of Ukiah None assigned 59.71
157-060-02 City of Ukiah None assigned 18.66
157-060-03 City of Ukiah None assigned 128.52
Privately-Owned Parcels (44 acres) Added to the Western Hills Annexation Area in the 2040 General Plan 001-420-40 Robert R Beltrami 145 Mendocino Pl. 1.49
001-041-02 Grayden Huff 500 Lookout Dr. 1.33
001-041-03 Amanda Reiman 4 Lookout Dr. 0.66
001-041-04 Amanda Reiman 3 Lookout Dr. 0.48
001-041-05 Robert Werra 2 Lookout Dr. 1.13
001-041-06 Robert Werra 415 Hillview Ave. 0.74
001-041-07 Robert Werra 415 Hillview Ave. 0.38
001-040-81 William Edwards 335 Janix Dr. 2.40
001-041-01 Robert Werra None assigned 35.50
Additional Parcel (40 acres) Proposed for Inclusion
003-190-11 Dave Hull (25 acres to be owned by City) None assigned 40 TOTAL ACREAGE 792.71

Western Hills 40-acre Land Acquisition;
Hereare some answers tothe questionswe are mostfrequently asked.

What does thisproject entail?
The scope of this project is the acquisition of a forty-acre parcel in the western hills. The City will enter into a Property Purchase Agreement with the owner and follow the terms of the agreement which include amending the existing environmental documents, pre-zoning the property as required by LAFCo, and amending the annexation application with LAFCo to include the parcel. As an end result the owner will retain fifteen acres for development of up to three parcels and the City will secure twenty-five acres as open space.

What are the benefits of the acquisition?
The City’s goals/benefits include: (1) preserving property in the Western Hills as open space and watershed for the Ukiah Valley; (2) creating opportunities for access trails, including, but not limited to, public hiking, biking, and associated recreational activities; (3) developing public facilities for various municipal purposes provided that their development and use do not unreasonably conflict or interfere with the preservation of the property as open space and for watershed protection.

What impactes will this cause to neighborhood streets?
There are no anticipated impacts to any streets. The access point to the property is from a private driveway on Redwood Avenue. There would not be any public access associated with this driveway.

What are the plans for public access?
Any development of public access of City owned open space will go through the public process and require planning, environmental analysis, and funding. No plan is proposed at this time.

Will the project increase fire hazards?
One of the motivating factors to City ownership of property in the Western Hills is to gain control of fire mitigation activities. The impacts of this forty-acre acquisition add to the property the City will have the ability to easily maintain. Additionally, the development area on this parcel is on confined to the lower elevations and will have zoning code R1-H restrictions.

Furthermore, per the California Fire Code, a portion of the water (varies based on size and number of homes) will be required to be allotted for fire protection services and cannot be used for residential use; this will be accomplished by a float switch that will be installed in the tanks. In addition, Public Resources Code Sections 4290 and 4291 contain additional requirements for lands within Very High Fire Severity
ATTACHMENT 6

Zones that would apply to the Project. These include, but are not limited to, the following which are designed 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. All future residential development would be reviewed by the fire department and be required to adhere to all fire safety standards, including those etc.

What plans are there for maintenance of the open space? The property will undergo an initial evaluation with an environmental survey and habitat assessment components. It will then be incorporated into the Western Hills Watershed Protection Area Management Plan (currently in draft form). This plan determines the best treatment approach for fire mitigation efforts including a Forest Management Plan. There are no fire breaks on this parcel to be maintained. A Long-Term Monitoring Plan will be developed, with stakeholder input, and will be used to guide baseline and ongoing efforts. Monitoring efforts will be coordinated with City staff, the Ukiah Valley Fire Authority, and other partners.

Are there any permits associated with the project?
No. Any site development would require all necessary applications and permits to be filed prior to commencing.

Are there any costs associated to the tax payers from this acquisition? Funding for the purchase of this parcel is provided by a combination of community donations and Water Resource Department funds, there is no general fund impact to the purchase.

Likewise, any development costs such as utilities and roadwork would be borne by the developer.

Will any cannabis cultivation be allowed?
Under the City’s zoning code, certain indoor cannabis uses are listed as being allowed, with an approved Use Permit by the Planning Commission, in all zoning districts, with the exception of residential zoning districts. However, the Public Facilities-zoned property will be owned by the City, has no structures, and the City has no plans to engage in these activities.

If you have remaining questions, concerns, or would like more information about the project, please call Maya Simerson, Project Administrator at 707-367-0699.

1 ATTACHMENT 7

PROPERTY PURCHASE SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
This Agreement is made and entered in Ukiah, California, on _________, 2023, (“Effective Date”) by and between the City of Ukiah, a California general law municipal corporation (“City”) and David J. Hull, individually and as Trustee of the David J. Hull Living Trust, and D&J Investments, LLC, a California limited liability company (collectively “Hull”). City and Hull are at times collectively referred to herein as the “Parties.”
RECITALS:

1. Effective March 25, 2022, the Parties entered the Property PurchaseSale/Exchange and Development Agreement and Joint Escrow Instructions (“Exchange Agreement”), a copy of which is attached as Exhibit 1.

2. Hull has recently acquired title to 40+/- acres of real property generally shown and identified as Mendocino County Assessor Parcel No. (“APN”) 003-19-11 on Exhibit 2 hereto and more fully described in the attached Exhibit 3 (“the Property”).

3. On the terms and conditions stated in this Agreement: the City desires to acquire a portion of the Property from Hull and Hull desires to convey the Property to the City with Hull reserving certain rights therein and with City conveying a portion of the Property back Hull; Hull desires to acquire and City desires to grant Hull certain rights and interests in and to a legal parcel included in the Option Property (defined below); and, the Parties desire to convey, reserve, and/or provide for certain easement rights related to those matters.

4. By this Agreement, the Parties, among other things, agree to cooperate in and facilitate their mutual and respective goals and benefits. Acquisition of the Property by the City will further the City’s goals for the Western Hills Open Space Project

2 5. (aka the “Project” as described in the Exchange Agreement) while permitting Hull to develop and sell single family housing on a portion of the Property. The City’s goals/benefits include: (1) preserving property in the Western Hills as open space and watershed for the Ukiah Valley; (2) creating opportunities for access trails, including, but not limited to, public hiking, biking, and associated recreational activities; (3) developing public facilities for various municipal purposes provided that their development and use do not unreasonably conflict or interfere with the preservation of the property as open space and for watershed protection; and, (4) furthering development of single-family residential housing on property within the City limits. Hull’s goals/benefits include, but are not limited to, development and sale of up to three legal parcels on the Hull Portion (defined below) of the Property and removal of public access to the Open Space Parcels on the San Jacinta Property, and use of one legal parcel currently part of the Option Property as provided in this Agreement.

6. The City only requires 25+/- acres of the Property (“City Portion”) for the purposes described above, leaving 15+/- acres (“Hull Portion”), which shall be reconveyed to Hull by City as provided in Section 7 of this Agreement, and on which Hull shall retain and reserve and be granted the exclusive rights to establish, sell, and/or hold not more than three separate legal parcels on each of which a single family residence and one accessory dwelling unit (“ADU”), along with other lawful uses and structures, may be lawfully developed. (See Section 7.)

7. The location of the Property together with an access easement to be reserved by or granted to the City along an existing road over the Hull Portion to the City Portion of the Property (“Roadway”) and a public utility easement within the Roadway, and an access trail over the Hull Portion to the Open Space Parcels to be reserved by the City upon conveyance of the Hull Portion to Hull as depicted in Exhibit 5 (“City Easements”) and more particularly described in this Agreement, along with easements for access trails to be conveyed to the City by Hull on the southern portion of Mendocino County Assessor Parcel Number 003-190-08 (hereinafter the “San Jacinta Property”), as generally depicted on the attached Exhibit 4 (“San Jacinta Access Trails”) and more particularly described in this Agreement, will provide the City with alternative public access across properties owned by Hull to the real property comprising the “Open Space Parcels” (as described in the Exchange Agreement) which are satisfactory to the City.

Accordingly, pursuant to Section 2.2.2(b) of the Exchange Agreement the City shall, contemporaneous with the Close of Escrow (defined below), release, terminate, and reconvey to Hull the public access portion of the City’s reserved right of access on Redwood Avenue (or the “Road” as defined in the Exchange

3 Agreement).

8. Contemporaneous with the Close of Escrow Hull shall reserve, maintain, and/or be granted Hull’s Reserved Rights, as described in Section 7.a, the Water Rights, as described in Section 1.d, and access and utilities easements, as depicted in Exhibit 5 (“Hull Easements”) and more particularly described in this Agreement.

9. The location and dimensions of the San Jacinta Access Trails shall be based on and consistent with those delineated on Exhibit 4; and, the City Easements and Hull Easements shall be based on and consistent with those delineated on the map attached hereto as Exhibit 5. The final boundaries and the legal descriptions of the City Portion and the Hull Portion shall be based on and consistent with the boundary locations delineated on the proposed configuration map, attached hereto as Exhibit 6. The final locations and legal descriptions of the San Jacinta Access Trails, City Easements, Hull Easements, City Portion, and Hull Portion shall be recorded in grants and/or reservations to and by the Parties as provided in this Agreement.

10. Contemporaneous with the Close of Escrow, the Parties shall record a memorandum or similar instrument, the effect of which is to record, preserve, protect, and provide notice of the Parties’ reserved rights and interests in and to the Property, the Option Property, and related matters as provided in this Agreement, in the form(s) attached hereto as Exhibit 7 (“Memorandum(s)”). Subsequent to the Close of Escrow the Parties shall mutually cooperate, including but not limited to timely executing all reasonably requested or required documents, to grant, reserve, and take other appropriate action the effect of which results in the party entitled thereto holding the right, title, and interest in and to the San Jacinta Access Trails, City Easements, Hull Easements, and City Portion and Hull Portion as provided by this Agreement.

11. Upon the Close of Escrow, the City shall: (a) amend its pending “Western Hills Annexation” application to the Mendocino County Local Agency Formation Commission (“LAFCo”) to include the Property; and, (b) pre-zone and upon annexation zone the City Portion as Public Facilities and the Hull Portion as R1-H under the City’s zoning ordinance. Upon annexation of the Property, or on Hull’s written request, the City shall convey the Hull Portion to Hull in accordance with this Agreement.

12. City and third parties entered a Lease Agreement with Option to Purchase (“Lease-Option”) under which City has a present leasehold interest and right to purchase on certain terms and conditions, not later than April 28, 2026, two legal parcels of real property (“Option Property”) described in Exhibit 8 attached hereto.

4 Hull shall have the right to one legal parcel from the Option Property, for and as part of boundary line adjustments, and as further provided in Section 8 of this Agreement regardless of whether LAFCo approves the amendment to the annexation application. Upon the Close of Escrow this right shall be reflected and preserved in the Memorandum(s).

Ex. 1 Property Purchase-Sale/Exchange and Development Agreement and Joint Escrow Instructions (Exchange Agreement).

Ex. 2. AP Map showing the “Property,” APN 006-19-011.

Ex. 3. Legal Description of the “Property.”
Ex. 4. Map illustration of San Jacinta Property, Assessor Parcel Number 003-190- 08, with San Jacinta Access Trails depicted in green in the approximate location set forth in the attached.

Ex. 5. Approximate agreed locations of City Easements and Hull Easements.

Ex. 6. Approximate agreed configuration of the City Portion and Hull Portion, including 3 lots on the Hull Portion.

Ex. 7. Recordable Memorandum(s) describing the Parties’ reserved and other rights and interests in and to the Property, the San Jacinta Property, and the Option Property, including but not limited to the Hull’s Reserved Rights, the Water Rights, the City Easements, and the Hull Easements.

Ex. 8 Lease Agreement with Option to Purchase and legal description of Option Property.

AGREEMENT:

Based on the foregoing recitals which are incorporated into this Agreement and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Hull and the City hereby agree as follows.

1. Purchase and Sale of the Property. Hull agrees to sell the Property to the City and the City agrees to purchase the Property from Hull in accordance with the following:
a. Purchase Price. The purchase price for the Property shall be Three Hundred Thousand Dollars ($300,000.00) (“Purchase Price”). City shall pay the Purchase Price as provided in subsection b.

5 b. Establishment of Escrow; Deposit; Payment of Balance. Within ten (10) business days of the Effective Date, the Parties shall open an escrow with Redwood Empire Title Company of Mendocino County (“Escrow Agent” or “Title Company”) in Ukiah, California, for the sale and purchase of the Property. Upon opening escrow, the City shall deposit with the Escrow Agent Thirty Thousand Dollars ($30,000.00) ("Deposit") representing 10% of the Purchase Price, which shall be applied to the Purchase Price on the date escrow closes, which shall be on or before the date that is thirty (30) days from the Effective Date ("Closing Date" or "Close of Escrow") absent the Parties’ written agreement to extend it. The balance of the Purchase Price ($270,000.00) shall be deposited by City into escrow with the Escrow Agent on or before the Closing Date.
c. Title Report and Objections. Hull shall promptly cause Title Company to prepare and deliver to City a current preliminary title report on the Property (“Report”), together with copies of all recorded title exceptions shown on the Report. City shall have ten (10) working days to notify Hull in writing of any objections to matters disclosed in the Report. Failure to give such timely notice to Hull shall waive any objections by City to the condition of title to the Property. If City provides timely written notice of objections to matters disclosed in the title report or any other objections to title within the same time frame, and Hull is unwilling or unable to remedy any such objectionable item, City may terminate this Agreement by written notice to Hull, in which event this Agreement shall terminate without default by or either party incurring any liability to the other, and Escrow Agent shall promptly refund the deposit to City. In that event, if any escrow fees are due Title Company, each party shall pay one-half of those fees. d. Water Rights. The rights granted to Hull by the Grant Deed recorded in the official records of Mendocino County on May 6, 2022, as document number 2022-05810, Tract Four (“Water Rights”), are not included in the sale of the Property to the City and shall not be considered part of the marketable title to the Property except to the extent stated in this provision. On the Close of Escrow, the appurtenance of the Water Rights shall be reserved and vested in and to the Hull Portion exclusively, and additionally, Hull shall reserve / be granted as part of the Hull Easements an exclusive easement for water pipelines, valves, pumps, and related water facilities, and non-exclusive access easements on and in the City Portion, which City shall convey to Hull, as more particularly described in this Agreement

2. Condition of Property.

6 a. Deliveries & Investigation. Within seven (7) days following the Effective Date, Hull shall deliver to the City copies of all documents, if any, containing, defining, describing or necessary to an understanding of the nature and extent of the Water Rights, any environmental reports or assessments, geological studies, seismic studies, water reports, timber surveys, soils reports and studies, plans, specifications, drawings, property tax bills, insurance claims, inspection reports, licenses, permits or approvals of governmental authorities, material correspondence with governmental authorities, and other documents, materials and information material to the use and occupancy of the Property ("Relevant Materials"), which are in Hull’s possession or control or, except for publicly available Relevant Materials, known to and accessible by Hull. If Hull has actual knowledge of Relevant Materials that are not in his possession or control, including information, documents and materials maintained by the County of Mendocino within this same time period, Hull shall notify the City of their existence and possible location. The City shall have seven (7) working days from the receipt of Relevant Materials or the notice from Hull of the existence and possible location thereof to review the Relevant Materials and to give written notice to Hull of any unacceptable conditions or information contained therein, including, but not limited to, the exclusion of the Water Rights from the sale of the Property to City. Throughout the term of this Agreement until the Closing Date, Hull shall also deliver to City such other documents, materials and information relating to the Property Hull is obligated to deliver to City under applicable law. If Relevant Materials are discovered or generated after the required delivery date for such materials prescribed above, Hull shall promptly deliver the after-discovered or generated material to City, which shall have five (5) working days from the date of delivery to review it and give written notice to Hull of any unacceptable conditions. The City shall be deemed to have waived, and thereby approved, any matter reflected in the Relevant Materials unless it has given Hull written notice otherwise within the time periods described in this section 2.a. b. Inspection of the Property.
(1) Inspection. As of the Effective Date, Hull shall afford City and its agents, consultants and representatives, access to the Property at all reasonable times for the purpose of allowing the City to inspect and conduct studies thereof.

City and Hull shall reasonably cooperate with each other to facilitate entries onto, and inspections and studies of the Property.

7 (a) The City shall indemnify and hold Hull harmless from any claims, demands, liabilities, costs, damages, or expenses based on injuries to persons, including death, and damage to real or tangible personal property, caused by the City’s inspections, investigations, studies, and testing of the Property. Said indemnification shall include the costs of defense, including attorney's fees and litigation expenses. For the time the City has access to and a right to inspect the Property, the City shall furnish Hull with a copy of the currently effective Memorandum of Coverage ("MOC") from California Intergovernmental Risk Authority (''CIRA"), and shall also provide an endorsement or equivalent document, which shall name Hull as an additional insured (or similar designation) under the MOC.
(b) The City shall have fifteen (15) days from the receipt of information and documents required by Section 2.a to (i) conduct physical inspections of the Property as provided herein, as well as any non-physical inspections and examinations of and into the Property.
(2) Waiver of Objections. The City shall be deemed to have waived, and thereby approved, any disapproval or objection to the condition of the Property, unless it has given Hull written notice of those disapprovals or objections within the time periods described in this Section 2.b. If City disapproves or objects to a condition within the applicable time periods prescribed by this Agreement, Hull may elect, but is not required, to remedy the disapproved or objectionable condition to the City’s satisfaction prior to the Close of Escrow in which case any such condition shall be deemed satisfied upon City’s written approval of the remedy or remedies performed by Hull; otherwise, the City’s sole remedy shall be to (a) waive the condition or (b) terminate this Agreement, which shall, in that event, be deemed without default by either party.

3. Warranties or Representations.
a. Hull.
(1) Hull represents and warrants that he has full power and authority to enter this Agreement and all proceedings required to be taken by or on Hull’s behalf to make, deliver, and carry out this Agreement’s terms have been duly and properly taken, including conveying to City by grant deed all right, title and interest in and to the Property on the Close of Escrow in accordance with this Agreement. No further consent of any person or entity is required related to Hull’s

8 performance under this Agreement.
(2) Hull represents and warrants that, to the best of Hull’s knowledge:
(a) On the Close of Escrow, and except as provided in this Agreement, no parties will possess any option to purchase or lease, or any right of first refusal to purchase or lease the Property or any portion thereof; except as provided herein or disclosed by Hull under section 2, there are no unrecorded leases, occupancy agreements, easements, rights-of-way, restrictive covenants, liens, encumbrances, claims or other adverse rights affecting the Property or any portion thereof; and there are no unrecorded agreements or obligations relating to the Property which will be binding upon City following the Closing Date, except as provided in this Agreement.
(b) Without having conducted any investigation, the Property is not now, and has not been at any time in the past, a site or location for the use, generation, production, manufacture, treatment, storage, disposal, discharge, release or transportation of Hazardous Materials (as defined in this Agreement); the Property is in full compliance with all Hazardous Materials Laws (as defined in this Agreement); there are no existing or former agreements or pending or threatened proceedings regarding Hazardous Materials on the property; there are, and have been, no underground or above ground storage tanks installed on or under, or removed from, the Property containing or having contained Hazardous Materials; and, Hull has no knowledge that any property adjoining the Property contains or may contain Hazardous Materials. For the purposes of this Agreement, "Hazardous Materials" shall mean any oil or petroleum products, flammable explosives, asbestos, urea formaldehyde insulation, radioactive materials or other hazardous or toxic substances, material or waste which is or becomes regulated by any federal, state or local governmental authority; and "Hazardous Materials Laws" means all federal, state and local statutes, ordinances, rules and regulations relating to Hazardous Materials, including those pertaining to health, safety, industrial hygiene or the environment, such as, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Resource Conservation and Recovery Act of 1976, as amended, and any similar state laws.
(c) The Property is not located in a special flood hazard area or flood plain, and there are no wetlands located on the Property.

9 (d) There is no litigation pending in any court or, to the best of Hull's knowledge, threatened with respect to the Property or the transaction contemplated by this Agreement.
(e) Except as may be reflected in readily available County of Mendocino files and records associated with the Property, no other notices of violation of any ordinance, rule or regulation relating to the Property have been issued to, served upon, received by or entered against Hull. (f) The Property complies or will comply prior to Closing with the California Subdivision Map Act (Government Code Section 664 l 0, et seq), if and to the extent it is applicable, and any applicable local City or County codes and ordinances and other legal requirements, except as may be reflected in County of Mendocino files and records associated with the Property, provided that Hull is required to disclose to City any such files or records Hull knows to exist.

Other than the representations and warranties contained in this Agreement, Hull makes no warranty or representation, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. City acknowledges it is acquiring the Property “AS IS.” b. City. City, including the undersigned representative of it, represents and warrants that it has full power and authority to enter this Agreement and all proceedings required to be taken by or on City’s behalf to authorize City (and the undersigned representative of it) to make, deliver, and carry out this Agreement’s terms have been duly and properly taken, including, but not limited to, the authority to accept from Hull, subject to the terms and conditions of this Agreement, the conveyance by grant deed of all right, title and interest in and to the Property, and the release, revocation, termination, and reconveyance of the public access easement pursuant to section 2.2.2.(b) of the Exchange Agreement, at the Close of Escrow. City shall provide Hull and Escrow Agent any consent or resolution authorizing City to consummate the transaction(s) contemplated by this Agreement as may be reasonably required.
c. Mutual. The Parties each represent that neither of them engaged or otherwise dealt with a finder or real estate broker or salesperson with regard to the transaction(s) contemplated by this Agreement. In the event a contrary claim is made by such a person/entity, the party for whom such services were allegedly provided shall indemnify, defend, and hold the other party harmless from and

10 against any and all losses, claims, demands, expenses, damages, liabilities or causes of action, however any of the same may be characterized, related to said person/entity.
d. General Disclosures. Each party makes and acknowledges the following disclosures.
(1) Supplemental Property Tax Bill Notice: Notice of Your “Supplemental’ Property Tax Bill.” California property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills, depending on when your loan closes. The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound account, the supplemental tax bills will not be paid by your lender. It is your responsibility to pay these supplemental bills directly to the Tax Collector.

If you have any question concerning this matter, please call your local Tax Collector's Office.
(2) Notice Regarding Advisability of Title Insurance:

IMPORTANT: IN A PURHCASE OR EXCHANGE OF REAL PROPERTY, IT

MAY BE ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION

WITH THE CLOSE OF ESCROW SINCE THERE MAY BE PRIOR

RECORDED LIENS AND ENCUMBRANCES WHICH AFFECT YOUR
INTEREST IN THE PROPERTY BEING ACQUIRED. A NEW POLICY OF

TITLE INSURANE SHOULD BE OBTAINED IN ORDER TO INSURE YOUR INTEREST IN THE PROPERTY THAT IS BEING ACQUIRED.

4. Conditions Precedent.
a. Conditions precedent to City’s Obligations. The obligations of City under this Agreement are expressly conditioned upon the satisfaction of the following on or before the Closing Date:
(1) On the Closing Date, the Title Company shall be prepared to issue to City as of the Closing Date any policy of title insurance (CLTA or ALTA at City’s option) reasonably requested by City with total liability in the amount of $300,000, insuring City that title is vested in City, subject to: the standard printed exceptions and those particular exceptions otherwise appearing on the Report, as may be amended, and approved by the City and the Hull Easements, Hull’s Reserved Rights, the Water Rights, and the Memorandum(s) (the “City Title Policy”), upon payment of its regularly scheduled premium therefor;

11 (2) All of Hull's representations and warranties contained in this Agreement shall be true and correct in all material respects as of the Closing Date; (3) City has waived or been deemed to have waived any disapproval of and objections to the condition of title to the Property; (4) City's approval or waiver (or deemed waiver) of Relevant Materials associated with, and inspections, investigations, and examinations of and into, the Property in accordance with this Agreement; and
(5) Hull shall have deposited all documents, including but not limited to the executed Memorandum(s), with the Escrow Agent and performed each and every covenant required by or contained in this Agreement to be performed by Hull on or prior to the Closing Date.
b. Condition to Hull’s Obligations. The obligations of Hull under this Agreement are expressly conditioned upon the satisfaction of the following conditions precedent on or before the Closing Date:
(1) All of City's representations and warranties contained in this Agreement shall be true and correct in all material respects as of the Closing Date:
and
(2) The City shall have deposited with Escrow Agent all funds and documents, including but not limited to the executed Memorandum(s), it is required to deposit prior to Close of Escrow and performed each and every covenant required by or contained in this Agreement to be performed by City on or prior to the Closing Date.
c. Conditions precedent to both the City’s and Hull’s Obligations: The Parties shall make good faith and diligent efforts to cooperate with one another, the Escrow Agent, and others involved in the transaction(s) contemplated by, and to satisfy their respective obligations and the conditions precedent specified in, this Agreement, inclusive of executing further escrow instructions and other forms consistent with and reasonably necessary to implement the terms of this Agreement.

5. Closing; Title and Escrow Costs.
a. Closing: After the City has deposited the balance of the Purchase Price, Hull has deposited a Grant Deed to the Property, the Parties have deposited the Memorandum(s) or similar instrument with the Escrow Agent for recordation in the

12 Official Records of Mendocino County to preserve, protect, and provide notice of the Parties’ reserved rights and interests in and to the Property and Option Property and related matters as provided in this Agreement, and all other conditions to close escrow have been satisfied, and Escrow Agent is prepared to cause the Title Company to issue the City Title Policy, Escrow Agent shall:
(1) Record the Grant Deed and Memorandum(s) in the Official Records of Mendocino County, California, and instruct the County Recorder to deliver such instruments after recording the deed and memorandum(s) to the City and Hull;
(2) Deliver to City the FIRPTA Certificate and the State Affidavit; and,
(3) Cause the Title Company to issue the City Title Policy. b. Title & Escrow Costs. City shall pay the entire premium and endorsement charges for the City Title Policy, all state, county and/or local documentary transfer taxes and any other real property transfer or conveyance taxes payable with respect to the deed conveying the Property to the City and the Memorandum(s) pursuant to this Agreement. The Parties shall equally pay all other escrow fees and expenses charged by Escrow Agent for services rendered prior to Close of Escrow. The Parties shall deposit with Escrow Agent all monetary sums and documents necessary to consummate all transactions pursuant to this Agreement. Each party shall bear their own attorney’s fees and costs incurred in connection with drafting this Agreement.

6. Prorations. Prorations shall be made as of the Close of Escrow. All prorations shall be made on the basis of a thirty (30) day month and shall be paid in cash to Hull if it is entitled thereto or shall be credited against the balance of the Purchase Price due from City, if City is entitled thereto. Such prorations shall be made by Escrow Agent on the basis of a statement(s) approved by City and Hull and deposited into the escrow prior to the Close of Escrow. The date used for prorations is hereinafter referred to as the "Proration Date." All real estate taxes and all personal property taxes due and owing as of the Proration Date, and all penalties and interest thereon, shall be paid by the transferring party. Current real estate taxes, special assessments and personal property taxes which are not yet due and owing shall be prorated based upon the most recent tax bill, so that the portion of current taxes allocable to the period from the beginning of such tax year through the Proration Date shall be charged to and paid by the transferring party and the portion of the current taxes allocable to the portion of such tax year from

13 the Proration Date to the end of such tax year shall be charged to and paid by the grantee. Proration of taxes and assessments shall be final as of the Proration Date, regardless of the amount of taxes or assessments that are, or subsequently become, due.

7. Post-closure rights and obligations of the Parties.
a. Hull’s Reserved Rights.
(1) Notwithstanding the conveyance to the City of title to the Property or the Close of Escrow, Hull shall and hereby does reserve, retain, and contemporaneous with the Close of Escrow is granted by City, the sole and exclusive rights, authority, and discretion to: (continue to) use and develop the Hull Portion as follows. . Upon the City’s conveyance of the Hull Portion to Hull and annexation of the Property Hull may boundary line adjust, subdivide, and/or reconfigure the Property, as may be lawful so that up to three (3) legal parcels are established / configured within the Hull Portion for such purposes and the boundaries of the City Portion remain unchanged. (Said rights, authority, and discretion are collectively referred to as “Hull’s Reserved Rights”.) The Hull Portion shall be established as a separate legal parcel by the City performing a lot line adjustment under Government Code Section 66412(d), combining the City Portion with adjacent City owned property. Upon annexation, the three residential lots can be established by any lawful means and the City will cooperate with Hull in creating the three parcels..
(2) Upon close of escrow Hull shall have the right at his risk and expense to improve the access roadway to and within the Hull Portion (“the Road”) and construct related improvements, such as storm drain facilities ("Road Improvements") and to construct/install Utility Infrastructure to serve up to three residential parcels with utility services, including, but not limited to, electrical, water, sewer, internet, cable television and telephone, but shall only be allowed to create three parcels within the Hull Portion upon annexation of the Hull Portion into the City. The Road Improvements and Utility Infrastructure shall comply with the applicable provisions of state and local law, including fire safety standards for state responsibility areas developed pursuant to Public Resources Code §4290. (i) The permissible Road Improvements include, but are not limited to, paving the Road, storm drains and other drainage facilities. The Utility Infrastructure may include water and sewer systems to serve up to three residential lots. The water system shall be located entirely within the Hull Portion and consist of a water well as the water source, water-storage tank(s), and water pipelines to deliver the water to each residential lot, with the lines

14 installed along the Road to points that will enable future connection by buyers of the individual lots (collectively “Water System”). Prior to annexation, a septic tank shall be installed to serve a single residence and an ADU in compliance with applicable Mendocino County ordinances and regulations. Upon annexation, the sewer system may consist of a private sewage disposal system in compliance with Division 4, Chapter 2, Article 4 of the Ukiah City Code, commencing with Section 3703.1 for which Hull shall install the sewage holding tank(s), pumps, and other components to points to enable future connection by buyers of the individual residential lots within the Hull Portion for the treatment of sewage solids and an effluent line along the Road or in another suitable location, which shall connect with a City sewer main approved by the City (collectively "Sewer System").
(ii) The Water System and Sewer System shall be for the sole benefit of the residential lots on the Hull Portion. The Electrical Infrastructure shall be constructed by Hull subject to the review and approval of the public utility providing the service.
(3) Indemnification & Mechanic's Liens. Hull's construction and installation of the Road Improvements and Utility Infrastructure to the extent it involves physical changes to land within the Hull Portion, such as, but not limited to, grading and road construction, Hull must comply with the following:
(i) Indemnification. Except for the negligence or willful misconduct of City, including its employees and agents, and to the extent permitted by law, Hull agrees to indemnify, defend and hold harmless City and its officers, directors, members and employees (each, a “City Party”) from and against any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) resulting from claims by third parties for injuries to any person and damage to or loss of property caused by Hu11-or those under his direction or control, including employees, contractors or subcontractors— during or as a result of the construction and installation of Road & Development Improvements and Electrical Conduit or other activities in furtherance of development. If any action or proceeding is brought against any City Party by reason of any such claim, then Hull, upon notice from City, shall defend the claim at Hull’s expense with counsel reasonably approved by City. (ii) Mechanic's Liens.

15 Responsibility for Payment. Hull hereby agrees that it will pay or cause to be paid all costs for work done by it or its contractors and any subcontractors, and it will keep the Hull Portion clear of all mechanics' liens on account of work done by Hull or his contractors during development.

Security. If Hull shall desire to contest any claim of
lien it shall furnish City adequate security pursuant to Section 8424 and such other applicable provisions of the California Civil Code, plus estimated costs and interest, or a bond of a responsible corporate surety in such amount as is necessary to release the lien or provide City with evidence that enforcement of the lien is stayed. If a final judgment establishing the validity or existence of a lien for any amount is entered, Hull shall pay and satisfy the same at once.

In Case of Default. If Hull shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose the lien have been filed, and shall not have given City security to protect the Hull Properties (City Portion) and City against such claims of Lien, then City may, but shall not be obligated to, pay the said claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Hull to City, and Hull agrees to and shall pay the same with interest at the legal rate often percent (10%).
b. Use of Hull Portion. Notwithstanding conveyance of the Property from Hull to City, the City shall not use public utility easements included as part of the City Easements or within the Roadway for a period of ten (10) years after the Effective Date. During that period the City is prohibited from installing or performing construction activities related to any such easements, including but not limited to water, sewer or electric utilities. To the extent City installs, constructs, or maintains any utilities on or within the Roadway after said ten-year period, the following conditions shall apply: City shall do so without cost to Hull, unless such extension is requested by Hull or his successors-in-interest to the Hull Portion ; City shall without cost to Hull promptly repair/replace any improvements disturbed within the Hull Portion in doing so; all utilities may be installed on or below the ground within the easement; the installation and construction shall not unreasonably interfere with the owners or occupants use of the Hull Portion; and, the owners and occupants of the Hull Portion shall have the opportunity to connect to any such utilities as may be available under the applicable provisions of state and local law, including, upon annexation, the Ukiah City Code. Notwithstanding

16 conveyance of the Property from Hull to City, the City shall not make or permit the making of any other physical changes to the Hull Portion or convey or permit the creation of any legal interests, including but not limited to liens or encumbrances, in the Hull Portion that were not reported in the policy of title insurance issued at Close of Escrow or arising out of this Agreement.
c. City Annexation; Out of Area Service Agreement. Not more than 45 days after Close of Escrow, the City shall amend its Western Hills Annexation application pending before LAFCo to include the Property. As part of the annexation application to LAFCo, the City shall pre-zone the City Portion as Public Facilities (“PF”) and the Hull Portion as R1-H and upon annexation of the Property the City shall zone the Property as such. The City shall diligently work to complete any portion of its Annexation application that is deemed by the Executive Officer of LAFCo to be incomplete or otherwise deficient. City shall proceed in good faith to process the Annexation application in a timely manner.

City shall be solely responsible to pay all costs associated with the processing and completion of annexation, pre-zoning and zoning as applicable to the Property.

Hull acknowledges that LAFCo has the discretion to and could deny the annexation of the Property by the City. Upon the conveyance of the Hull Portion to Hull under this Agreement prior to annexation, Hull may request the City to enter an Out of Area Service Agreement (“OASA”) to extend electrical, water or sewer utilities to the Hull Portion for residential use. Upon the negotiation and execution of the OASA, Hull may submit an application to LAFCO to amend the City’s sphere of influence (“SOI”), if necessary, and to approve the OASA. City shall cooperate with Hull in processing any such applications), provided Hull pays filing fees and other LAFCo charges to process the application(s). d. Conveyance of the Hull Portion. Upon the Western Hills Annexation, as amended to include the Property, becoming final, or at any time upon written notice to the City from Hull, the City shall convey the Hull Portion to Hull by grant deed. Within ten (10) days after such notice is given, the City shall request Title Company to prepare and record the grant deed using a legal description approved by both Parties that is based on the approximate boundaries described in in Exhibit 6, reserving, excepting, or granting the easements described in Exhibits 4 and 5.

In the event that title to the Hull Portion is conveyed to Hull prior to annexation, Hull consents to the City continuing to pursue annexation of the Hull Portion, both Parties understanding that to do so may require an amendment to the City’s SOI.

17 The City will prepare and file the application to amend the SOI to include the Hull Portion, provided Hull pays all LAFCo fees and charges to process that application and the City’s cost to prepare and process the application. Hull acknowledges that including the SOI amendment may delay LAFCO’s taking final action on the annexation application.
e. City Easements, Hull Easements, Water Rights, San Jacinta Access Trails. (1) The San Jacinta Access Trails shown on Exhibit 4 shall be legally described to align with their as-built location once constructed and recorded in the form of a non-exclusive easement grant deed from Hull to City for public trail ingress and egress across the San Jacinta Property, twenty (20) feet in width, lying ten (10) feet on each side of the center line of the as-built trails, subject to the following conditions: the deed shall be recorded within eighteen (18) months of the Effective Date; absent written agreement of the Parties, the as-built location of the trails shall not substantially deviate or from the trail location as depicted on Exhibit 4 (a deviation of twenty (20) or more feet from said location shall constitute a substantial deviation); and, City shall pay all costs associated with generating the legal description and recording the deed.
(2) The City Easements shown on Exhibit 5 shall be non-exclusive easements, appurtenant to the City Portion, for non-public ingress, egress, and underground public utilities on the Hull Portion, twenty (20) feet in width, lying ten (10) fee on each side of the center line of the existing Roadway depicted on Exhibit 5. Ingress and egress on the City Easements shall be used only by City employees and agents. The City Easements shall be reserved by the City and recorded in the grant deed by which the City conveys the Hull Portion to Hull as required by this Agreement.
(3) The Hull Easements shown on Exhibit 5 shall be: non-exclusive easements, appurtenant to the Hull Portion and San Jacinta Property, for ingress, egress, and underground utilities across the City Portion, twenty (20) feet in width, lying ten (10) fee on each side of the center line of the existing Roadway depicted on Exhibit 5, provided, however, that any water pipelines, valves, pumps, and related facilities included as part of Hull’s Water Rights that are, or which may be, installed within the easement area described in this subsection shall, notwithstanding any provision herein to the contrary, be for Hull’s exclusive use and benefit. The Hull Easements shall be conveyed by City to Hull by an easement grant deed contemporaneous with the City’s conveyance to Hull of the Hull Portion as required by this Agreement.

18 (4) The Water Rights shall be specifically conveyed by City to Hull by grant deed as an appurtenance to the Hull Portion exclusively contemporaneous with the City’s conveyance to Hull of the Hull Portion as required by this Agreement.
f. Zoning. If the City fails to pre-zone or zone the Property or subsequently modifies such zoning (from that applicable to R1-H zoning on the Effective Date) in a way that reduces, restricts, burdens, or prevents the use or development of the up to three residential parcels as provided in this Agreement, the City shall be deemed to have breached this Agreement and Hull may seek to recover damages from the City based on said breach. Nothing in this provision shall be deemed to limit or restrict matters constituting breach or the Parties’ respective rights or remedies otherwise available by law.

8. BLAs utilizing Option Property. The purpose of this provision is to permit Hull the right to remove through the boundary line adjustment process one legal parcel from the Option Property for Hull’s exclusive use and ownership of said parcel on other lands and in a manner that results in the City maintaining sole ownership of the Option Property’s second legal parcel with the physical boundaries thereof being of equal size to the Option Property’s present acreage. Hull’s right shall be memorialized as part of the Memorandum(s). After the City has acquired title to the Option Property, and upon Hull’s written request, the City shall grant Hull an ownership interest in one of the two Option Property legal parcels (the “BLA Parcel”) for the sole and exclusive purpose of using the parcel for a boundary line adjustment or adjustments pursuant to and in compliance with Government Code Section 66412(d), if applicable, provided (1) Hull assumes and pays all costs associated with Hull’s performance under this Section 8, (2) does not request conveyance of legal title to the BLA Parcel more than sixty (60) days before he files an application for approval of the boundary line adjustment(s) and (3) completes the boundary line adjustment or adjustments authorized by this Section 8 within eight (8) years of the City closing of escrow on the Option Property such that the BLA Parcel is no longer a parcel within the boundaries of what currently constitutes the Option Property. Once Hull removes the BLA Parcel from the boundaries of what currently constitutes the Option Property, Hull shall maintain the sole and exclusive right, title, and interest in and to the use ownership of said legal parcel. Within said eight (8) years Hull shall have an exclusive and transferrable right to complete one or more boundary line adjustments of the BLA Parcel with other property owned by Hull or in which Hull has an interest or right, including, without limitation, the Hull Portion.

So long as the BLA Parcel is part of what currently constitutes the Option Property, the City shall retain and reserve the exclusive rights of physical use of the BLA Parcel, which reserved right shall be included in the deed conveying title thereto to

19 Hull and which rights shall terminate with respect to the BLA Parcel once that parcel is boundary line adjusted from the Option Property. The City shall cooperate with Hull in completing the boundary line adjustments, as allowed by law, but only if the single parcel remaining under City ownership after the completion of the boundary line adjustments is the same size as the current combined size of the two original legal parcels presently comprising the Option Property (i.e., the boundary line adjustments do not reduce the physical size of the Option Property originally purchased by the City). The City shall take no action or fail to take action the effect of which may restrict or limit Hull’s rights, title, or interests under this provision.

10. Miscellaneous.
a. Notices. All notices and any other communications permitted or required under this Agreement must be in writing and will be effective (a) immediately upon delivery in person or by facsimile, or upon delivery to the recipient if attached to an email communication; (b) on the date of delivery, as evidenced by the records of the courier, if deposited with a nationally-recognized commercial courier for overnight delivery, provided delivery is made during regular business hours or receipt is acknowledged by a person reasonably believed by the delivering party to be employed by the recipient; or (c) on the date indicated on the return receipt, if deposited with the United States Postal Service, certified mail, return receipt requested, postage prepaid. Any notice to be given by any party hereto may be given by the counsel for such party. All notices must be properly addressed and delivered to the parties at the addresses set forth below, or at such other addresses as either party may subsequently designate by written notice given in the manner provided in this section and a copy of all notices and other communications shall be delivered by email:

Hull: David J. Hull
_______________
_______________
Email: [email protected]
With copy to: James & McMullen, LLP
Attn: Donald J. McMullen
445 North State St.

Ukiah, CA 95482
Email: [email protected]; and
[email protected]

20 City: City of Ukiah
Attention: Sage Sangiacomo, City Manager
Ukiah Civic Center
300 Seminary Ave
Ukiah, CA. 95482
Fax: 707-463-6204
Email: [email protected]
With copy to: David J. Rapport, City Attorney
405 West Perkins Street
Ukiah, CA 95482
Email: [email protected]
b. Cooperation. The Parties agree to execute such other documents and to perform such other acts as reasonably necessary or desirable to carry out the purpose of this Agreement, both before and after the Closing Date. c. Binding Effect & Assignment. This Agreement shall be binding on and inure to the benefit of the Parties respective heirs, successors, and permitted assignees.
d. Surviving Close of Escrow. All terms, rights, and obligations of the Parties to occur subsequent to the Close of Escrow shall survive that event. e. Partial Invalidity. If any term, covenant or condition of this Agreement or its application to any person or circumstances shall be held to be illegal, invalid or unenforceable, the remainder of this Agreement or the application of such term or provisions to other persons or circumstances shall not be affected, and each term hereof shall be legal, valid and enforceable to the fullest extent permitted by law, unless an essential purpose, or substantial portion of the consideration, of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision. In the event of such partial invalidity, the Parties shall seek in good faith to agree on replacing any such legally invalid provisions with valid provisions which, in effect, will, from an economic viewpoint, most nearly and fairly approach the effect of the invalid provision and the intent of the Parties in entering into this Agreement.
f. No Waiver. No consent or waiver by either party to or of any breach or non- performance of any representation, condition, covenant or warranty shall be enforceable unless in a writing signed by the party entitled to enforce performance, and such signed consent or waiver shall not be construed as a consent to or waiver

21 of any other breach or non-performance of the same or any other representation, condition, covenant, or warranty.
g. Time is of the Essence. Time is of the essence in the Parties’ performance of their respective obligations under this Agreement and each and every provision hereof.
h. Governing Law. This Agreement is entered into and shall be governed by, and construed and enforced in accordance with, the laws of the State of California (without giving effect to its choice of law principles). The parties agree to the jurisdiction of the California state courts and to venue in the state courts in Mendocino County.
i. Construction. The Parties are each represented by counsel and jointly participated in preparing this Agreement; it shall be deemed drafted and prepared by both parties, and any rule of construction that serves to resolve ambiguities or other interpret language against the drafting party shall not be employed in relation to this Agreement.
j. Counterparts. This Agreement may be executed in counterparts, all together which shall be deemed an original, single, instrument. Electronic signatures shall be deemed original.

WHEREFORE, this Agreement is effective on the Effective Date.

CITY OF UKIAH DAVID J. HULL, Individually, as
Trustee of the DAVID J. HULL
By: LIVING TRUST, and as managing
Sage Sangiacomo, member of D&J Investments
City Manager
_________________________
David J. Hull
ATTEST:
_________________________
Kristine Lawler, City Clerk

22

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property situated in the County
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TR,ACT OtrIE :

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A portion of the southwest quarter of.the northeast quarter of section 30, Toldnship 15 North, Range 12 West, Mount Diabto Meridian described as follows:

COMMENCING at the center quarter corne.r of said Section 30 as shown on the Record of survey map recorded in Map Case 2, Dra\,ner 21 , vaqe 1, Mendocino County Records; thence Nc,rth B'7"39'28" East, 87.71 feet to the PoINT OE BEGINNING; thence continuinq North 87"39'28" East. !!50.9t, feet; thence North 00'21'25" west, L324-51 feet; thence south 8B'25'18" west, 7L42.19 feet,' thence south 00"00'00" East, L34A"12 feet to the Point of Beqinning.

TOGETEER WITE the follolvinq:

BEGINNING atr the northeast 1/16th corner of said Section 30, shown as note 1on the Record of Survey map recorded In Map Case 2, Drawer 2'7, Page 1, Mendoclno County Records; thence a.Long the east fine of the northwest quarter of the northeast quarte.r of said Section 30, North 00'21'25" West, 375.83 feet to the center of a private road as shown on said Record of survev map; thence feavinq said east line and following alonq sald road North 85'25'00" west, 109.50 feet; thence alonq a curve to the left with a rad.ius of 215. OO feet, a central angle of 11004r30rr and an arc lenqth of 53.16 feet; thence South 83'29'30" West, 743.44 feeL; thence feavinq said road North 90'00'00" west, 251.90 feet; thence south 00'00'00" East, 383'06 feet to a po.int on the soutth line of the northwest quarter of the northeast quarter of said Sectlon 30i thence along said south Iine North BB'25'18" East, 569.19 feet to the Po.int of Beqinning.
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(.Iiruny Ellison reserved the followinq easement in Instrument Number 2022 05810 for the benefit of the Ellison parcel described in Instrument Number 2020-08217, MCR) "Reserving therefrom as an appurtenance to the remainlng fands of the g.rantor (Ellison), a non-exclus.ive easemenL 30 feet in width lying 15 feet on either side of the centerline of the existing road for ingress/ egress and public uti]ities" TRACT TWO: (from Instrument Nurnber 2015-03898. Mendocino County Records) That certain 70 foot wide easement over the northwest quarter of the northeast quarter of SecLion 30, Tor.Tnship 15 North, Ranqe 12 West, Mount Diablo Base and Meridian to the Lands of Ross as descr.ibed in the Ordel: Approving Aqreement for Exchange of Easements recorded April 9, 1975 and shown on the Record of Survey recorded Septemlcer 2, 1975 in Map Case 2, Drawer 2'7, Page 1, Mendocino County Recorals.
rRACT TEREE: (from lnstlument Nurnlcer 2015-O3B9B, Mendocino County Records) A non-exclusive 70 foot wicle easement for inqress, egress and pub-Lic ut.ilities 1lring 35 feet on each side of the centerline of the easement as shown over Lot I oftSection 30, Tormship 15 North, Range 12 West, Mount Diablo Base and Meridian on the Record of survey recorded septemlcer 2, 19'15 in Map Case 2, Drawer 21 , Paqe 1. Mendocino County ReLords.
tRAc? FoUR: (from fnsrument Nurltrer 2022-058f0, Mendoc.ino County Records) A non exc.lusive easmenL for the repair. maintenance and use of the ex-istlng waterlines leading from the existing well located on the lands of the grantor (E11ison) near the northeast corner of the southeast quarter of the northwest quarLer of Section 30, Township 15 North, Range 12 West, MDB&M; thence runninq 1n a qenerally easterly directlon to the westerly boundary of the lands described in TRACT oNE above. Toqether with 1/2 of the water from said weLl .
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THOMPSON
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PORTNOFF
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GREEN WALLACE
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NOGUERA ADONIS & SARAH

ELLISON JIMMY

ELLISON JIMMY

SWETT CYMBRE

L THOMAS
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DILL DENNIS C &

CHRISTINE G TT

ERI KSEN

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UKIAH CITY OF

UKIAH CITY OF

SELIM FRANCINE
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ROGERS JOHN D &

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HENRI E

PATRI CK &
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HAMILTON

RICHARD B

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DOOLAN CANYON DRIVE
Doolan Creek Trails
Water Tank Concept Trail - V2
Phase 2 Project Area
Gateway Trail Project Area
Parcels
County Roads
Concept Alignment
Contour - 50 ft
Contour - 10 ft
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Feet ± Prepared by Jon Schubbe: 3/8/2023 Page 419 of 519 Exhibit 5
Additional access requirements for the City that may require easements on south end of the Property that may impact Hull 15 acres.

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1 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah

CALIFORNIA ENVIRONMENTAL QUALITY ACT

DRAFT ADDENDUM TO

INITIAL STUDY AND MITIGATED NEGATIVE

DECLARATION FOR

UKIAH WESTERN HILLS OPEN LAND ACQUISITION AND

LIMITED DEVELOPMENT AGREEMENT PROJECT
Draft Prepared on October 31, 2023
Adopted by the Ukiah City Council on XXX
SCH No: 2021040428
Prepared by:

City of Ukiah
Community Development Department
Planning Division
300 Seminary Avenue, Ukiah, CA 95482
ATTACHMENT 8

2 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Table of Contents
I. INTRODUCTION 3

1. Purpose of this Document 3

2. CEQA Requirements 3
II. BACKGROUND 4

1. Location 4

2. Background and Previous Approvals 4
III. PROJECT DESCRIPTION 6

1. Western Hills Project Description (2021) 6

2. Revised Project Description (2023) 6
IV. EVALUATION OF ENVIRONMENTAL IMPACTS 9

1. Environmental Setting 9

2. Previously Disclosed Impacts 9

3. Summary of Impacts 10
A. Aesthetics 10
B. Agriculture and Forestry Resources 11
C. Air Quality 12
D. Biological Resources 13
E. Cultural Resources 15
F. Energy 16
G. Geology and Soils 17
H. Greenhouse Gas Emissions 18
I. Hazards and Hazardous Materials 19
J. Hydrology and Water Quality 21
K. Land Use and Planning 22
L. Mineral Resources 24
M. Noise 24
N. Population and Housing 25
O. Public Services 26
P. Recreation 26
Q. Transportation 27
R. Tribal Cultural Resources 28
S. Utilities and Service Systems 29
T. Wildfire 30

4. Mandatory Findings of Significance 31

ATTACHMENTS
A. Western Hills Annexation Area Map and General Plan (2040) Land Use Map B. Existing Configuration of Parcels
C. Proposed Configuration of Parcels and Prezoning Map
D. Mitigation Monitoring Reporting Program
E. 2021 MND Approval Documents and CEQA Notice of Determination

3 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
I. INTRODUCTION

1. Purpose of this Document
The purpose of this document is to formalize and analyze proposed changes to the previously approved (2021) Western Hills Annexation Area associated with the Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Project (“2021 Western Hills Project”) and the Initial Study and Mitigated Negative Declaration (2021 MND), in compliance with the California Environmental Quality Act (CEQA).

2. CEQA Requirements
Pursuant to Section 15164 of the CEQA Guidelines, an Addendum to an adopted MND may be prepared by a lead agency or a responsible agency if minor changes or additions are necessary and none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent EIR or subsequent MND have occurred. Consistent with CEQA Guidelines 15164, the following discussion demonstrates that none of the conditions described in Section 15162 have occurred and that only minor technical changes are necessary in order to deem the certified MND adequate to describe the impacts of the project. CEQA Guidelines Section 15164 also states that an Addendum need not be circulated for public review but can be included in or attached to the certified MND for consideration by the hearing body.

The following addresses each of the criteria contained in Section 15162 of the CEQA Guidelines in regard to the project.
a) No Substantial Project Changes. There are no substantial changes proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
b) No Substantial Change in Circumstances. No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
c) No New Information of Substantial Importance. There is no new information of substantial importance, which was not known or could not have been known with the exercise of reasonable diligence at the time the previous MND was certified as complete, which shows any of the following: the project will have one or more significant effects not discussed in the previous MND; significant effects previously examined will be substantially more severe than shown in the previous MND; mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or mitigation measures or alternatives which are considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

None of the conditions identified in CEQA Guidelines Section 15162(a) would occur with implementation of the Revised Project because:

4 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
a) The revisions to the Revised Project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects evaluated in the 2021 MND. The Revised Project is proposing to include additional properties immediately adjacent to the original project within the Western Hills Annexation Area, resulting in the potential for six additional residential units, compared to the 14 potential units analyzed within the Western Hills 2021 MND. As discussed throughout this Initial Study, impacts from the Revised Project are equal to, or less than, those described for the original project. The Revised Project will incorporate mitigation identified in the 2021 MND to reduce all impacts to a less than significant level. No new impacts that were not previously discussed in the 2021 MND have been identified. b) No changes have occurred as a result of the Revised Project which require major revisions of the 2021 MND. The Revised Project would not result in any new significant environmental impacts or substantial increase in the severity of previously identified significant impacts (refer to the Environmental Analysis section for details regarding the impacts associated with the Revised Project).
c) Although some circumstances surrounding the Revised Project have changed from those described in the 2021 MND, the analysis for the Revised Project demonstrates that the changes are not substantially different from those described in the 2021 MND.

Additionally, there is no information available that indicates that the Revised Project would result in a substantial increase in the severity of previously identified impacts.

II. BACKGROUND

1. Location
The Western Hills Annexation Area parcels (now totaling ±792 acres), are located within unincorporated Mendocino County within the Ukiah Western Hills, just west of the Ukiah city limits.

A Figure of the Annexation Area is included in Attachment A.

2. Background and Previous Approvals
The City has a vision, and is working towards a goal, of promoting the protection of Ukiah’s western urban interface to restore and conserve forest and stream ecosystems, provide largescale wildfire mitigation and to protect the Upper Russian River Watershed to benefit fish, wildlife, scenic resources, and the greater Ukiah community.

Over the last several years, the City has been acquiring lands immediately adjacent to the western City limits, known as the “Western Hills” with the purpose of annexing such lands into the City limits for preservation and public purposes. Specifically, the City is proposing to annex ±792 acres known as the “Western Hills Annexation Area”, as amended, which comprises both City-owned and privately-owned property (See Project Description Section below for more information).

Below includes a summary of actions associated with the Western Hills Annexation Area to date. • At the August 25, 2021, regular meeting, the Planning Commission considered approval of the Western Hills Open Land Acquisition and Limited Development Agreement Project (2021 Western Hills Project), associated prezoning and Initial Study and Mitigated Negative Declaration (ISMND; State Clearinghouse No. 2021040428), and recommended approval for these actions to the City Council. The Western Hills Project included

5 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
acquisition and annexation of ±707 acres for open space, public purposes, and the potential for limited residential development.
• On September 15, 2021, the City Council introduced Ordinance No. 1217, approving the Western Hills Project, associated prezoning and ISMND. Ordinance No. 1217 is included in Attachment E and the ISMND can be found online at: https://cityofukiah.com/ceqareview/. • On June 8, 2022, the City of Ukiah submitted an application for annexation to the Mendocino County Local Agency Formation Commission (LAFCo) for annexation of the Western Hills Project parcels, in accordance with the terms identified in the Development Agreement. In addition to the parcels identified as a part of the Western Hills Annexation Area, the application for annexation included several privately-owned parcels (±44 acres total) located in between the 2021 Western Hills Project parcels and the County’s jurisdictional boundary, to inform the deliberate and appropriate boundaries and growth for the City of Ukiah. Some of these parcels also span both City and County jurisdiction and the City proposes to annex them to rectify this jurisdictional issue. • On June 29, 2022, the City received correspondence from LAFCo determining that the application (LAFCo No. A-2022-02) had been reviewed and deemed incomplete based on several items, such as a Tax Share Agreement, Residential Entitlement matrix form, Property Owner letters of approval, a Statement of Fair Share Housing Needs and Timely Availability of Water, along with a few other ministerial items, the City noted as to be pending and forthcoming in the June 8, 2022 application for annexation. • On December 7, 2022, the City Council adopted Resolution No. 2022-78 and Resolution No. 79, adopting the City’s 2040 General Plan and certifying the associated Environmental Impact Report (EIR; SCH No. 2022050556). The 2040 General Plan and EIR identify the Western Hills Annexation Area as one of the three areas the City intends to pursue for annexation (see EIR Section 2.2.7). The 44 acres of privately owned parcels intended to rectify jurisdictional issues were included in the Western Hills Annexation Area within the General Plan and EIR. The General Plan and EIR can be found online at https://ukiah2040.com/.
• On December 19, 2022, LAFCo approved the City’s Ukiah Municipal Service Review (MSR) and Sphere of Influence (SOI) Update. The updated SOI includes the entire Western Hills Annexation Area (2021) identified within the General Plan. • An additional 40-acre parcel (APN 003-190-11) directly adjacent (south) to the Western Hills Project and City’s western City limit became available for purchase in 2023, and on May 3, 2023, the City Council approved the City seeking acquisition of the parcel for open space and access opportunities in connection with the Western Hills open space parcels.

This parcel is proposed for inclusion in the Western Hills Annexation Area, as described below.

6 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
III. PROJECT DESCRIPTION

1. Western Hills Project Description (2021)
The original (2021) Western Hills Project included the following. • Acquisition, annexation and prezoning of ±707 acres, including:
o ±640 acres preserved for open space conservation and public uses. These parcels were prezoned Public Facilities (“PF”).
o ±54 acres included in a Limited Development Agreement between the City and the private property owner (Hull; D&J Investments, LLC.) to allow for residential development (14 units total) through the creation of seven “Development Parcels” (via a series of sequential Lot Line Adjustments) beginning at the terminus of Redwood Avenue. These parcels are prezoned Single-Family Residential-Hillside Overlay (R1-H). o ±14 acres of privately owned property included in the Limited Development Agreement for access to the open space parcels. These parcels were prezoned R1-H. • Road improvements to Redwood Avenue, as well as water/sewer utility extensions within Redwood Avenue, and construction of a water tank.

2. Revised Project Description (2023)
Since approval of the 2021 Western Hills Project, 84 acres have been added to the Western Hills Annexation Area, as described below. The additional acreage, in combination with the other components outlined below, constitute the “Revised Project”. • ±44 acres of privately-owned property (comprising 9 legal parcels) were added to the Western Hills Annexation Area to address existing LAFCo policies and known mapping errors, and to avoid the formation of an unincorporated island. These parcels were not included in the original 2021 Western Hills Project but were included in the preliminary application submitted to LAFCo. Additionally, they were identified as a part of the Western Hills Annexation Area in the 2040 General Plan and included in the Environmental Impact Report analysis (see Environmental Review Section below for more information). These parcels are proposed for R1-H prezoning for consistency with existing and adjacent development but would remain under private ownership and are not included in the Development Agreement (2021) or Purchase Agreement (2023).
• ±40 acres of privately-owned property being pursued for acquisition by the City for open space and access opportunities. The parcel is proposed for inclusion in the Western Hills Annexation Area. A Purchase Agreement for the 40 acres would allow the private property owner (Hull) to retain the right to keep 15 acres for development of three (3) parcels, as further described below. The aforementioned 15 acres is proposed for R1-H prezoning, and the remaining 25 acres (that would be owned by the City) would be prezoned PF for open space. The 40-acre parcel is currently not located within the City’s SOI but is within the Planning Area identified in the General Plan. The parcel would be owned by the City at the time of annexation. The 15 acres would be transferred to Hull after annexation is complete. • The Purchase Agreement to include APN 003-190-11. The Purchase Agreement would allow Hull to retain one +/- 15-acre parcel (via a Lot Line Adjustment) after annexation. Hull would be able to retain the right to create and develop three parcels with one single family home and one accessory dwelling unit (six total possible units), in accordance with R1-H zoning regulations. Similar to the Western Hills Project (2021), the Revised Project, including the new

7 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Purchase Agreement, allows for limited development, but does not include specific development designs or proposals, nor does it grant any entitlements for development. The parcels would be created within the eastern portion of the existing 40-acre parcel, but the location of the potential residential units is not known at this time. The Purchase Agreement will also specify the following:
o City will release public access on private drive from Redwood Ave (current DA says the City maintains access until alternate access established). o Hull retains water rights from Ellison well with access and utility easement for use in enhancing fire protection activities on the three development parcels and potentially for potable water to the development sites. o Hull grants City additional trail easements to San Jacinta (south side) as the City originally retained the right to only one trail easement and would like to retain the option for additional trail location depending on future design work. o Project does not include road or utility improvements, access to the parcels is established off of a private drive at the end of Redwood Avenue. There is no associated water, sewer or electric utility component to this project. After the three development parcels are established any utility infrastructure work would be evaluated in concert with the appropriate site development permits and serving entities.

Figures of the Western Hills Annexation Area is included in Attachment A, a figure showing the existing and proposed conditions for the 15 acres associated with the Purchase Agreement is included in Attachment B, and a Prezoning Figure is included in Attachment C.

8 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Table 1, Western Hills Annexation Area Parcels (as revised) Assessor Parcel
Number
Property Owner Situs Address Size (acres)
2021 Western Hills Project Parcels
157‐030‐02 City of Ukiah None assigned 20.00
157‐030‐03 City of Ukiah None assigned 60.00
157-050-14 City of Ukiah None assigned 20.17
157-050-15 City of Ukiah None assigned 40.43
157-050-16 Dave Hull; D & J Investments,
LLC.

None assigned 40.25
157-050-18 City of Ukiah None assigned 60.00
157-070-05 City of Ukiah None assigned 76.20
003-190-17 Dave Hull; D & J Investments,
LLC.

None assigned 18.30
003-190-16 Dave Hull; D & J Investments,
LLC.

None assigned 0.29
003-190-15 Dave Hull; D & J Investments,
LLC.

None assigned 5.00
003-190-13 Dave Hull; D & J Investments,
LLC.

None assigned 9.08
003‐110‐90 Adonis & Sarah Noguera 620 Redwood Ave. 4.14 003‐190‐09 Adonis & Sarah Noguera 620 Redwood Ave. 10.20 100-040-83 Dave Hull; D & J Investments,
LLC.

None assigned 77.60
157-050-03 City of Ukiah None assigned 60.05
157-050-13 City of Ukiah None assigned 59.71
157-060-02 City of Ukiah None assigned 18.66
157-060-03 City of Ukiah None assigned 128.52
Privately-Owned Parcels Added to the Western Hills Annexation Area in the 2040 General Plan 001‐420‐40 Robert R Beltrami 145 Mendocino Place 1.49
001‐041‐02 Grayden Huff 500 Lookout Dr. 1.33
001‐041‐03 Amanda Reiman 4 Lookout Dr. 0.66
001‐041‐04 Amanda Reiman 3 Lookout Dr. 0.48
001‐041‐05 Robert Werra 2 Lookout Dr. 1.13
001‐041‐06 Robert Werra 415 Hillview Ave. 0.74
001‐041‐07 Robert Werra 415 Hillview Ave. 0.38
001‐040‐81 William Edwards 335 Janix Dr. 2.40
001‐041‐01 Robert Werra None assigned 35.50
Additional Parcels Proposed for Inclusion
003-190-11 Dave Hull (25 acres to be
acquired by City)
None assigned 40
TOTAL ACREAGE 792.71

9 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
IV. EVALUATION OF ENVIRONMENTAL IMPACTS

1. Environmental Setting
The Western Hills Annexation Area is located within the Ukiah Valley, west of the City of Ukiah, in central Mendocino County, with elevations varying from approximately 600-feet above mean sea level up to approximately 3,000 feet in the hills surrounding the city, including the Western Hills. The Ukiah valley is located approximately 30 miles east and inland from the Pacific Ocean.

It runs north-south for approximately nine miles, with a maximum width of three miles. The Russian River enters the valley at the north end and runs south along the valley floor. Ukiah is located along the Highway 101 corridor and near the east/west intersection of Highway 20, two hours north of the Golden Gate Bridge.

The majority of the area is undeveloped with access roads and fire breaks. However, the 44 acres of private property north of the original 2021 Western Hills Project are developed with singlefamily homes and/or undeveloped. The additional 40 acres proposed for inclusion in the Western Hills Annexation Area (Revised Project) is largely undeveloped and is bisected by a 1,000-foot unpaved road accessed from Redwood Avenue. The access road width ranges from 16-to-20- feet wide and has been improved with gravel and compaction. The road climbs to a levelled oneacre abandoned cannabis cultivation site before continuing uphill and off the project site.

Remnants of the cultivation site include old fencing with concrete footings, PVC irrigation pipes, pots, tubs, planting containers, a water tank, and pallets.

Soils in the area are characterized as both Hopland, which consists of very deep, well drained soils formed in colluvium and residuum weathered from sandstone or shale on steep hills and slopes, and Maymen soils that are shallow, somewhat excessively drained soils that formed in residuum weathered from shale, schist, greenstone, sandstone and conglomerate. These soils have a shallow depth to bedrock. Class II and Class III watercourses exist along the steeper portions of the area.

Vegetation in the Western Hills Annexation Area includes native and nonnative annual and perennial grasses, with dense chaparral and mixed hardwood forest throughout. Native trees in the area primarily consist of California bay laurel (Umbellularia californica) and California black oak (Quercus kelloggii). Undergrowth consists largely of poison oak (Toxicodendron diversilobum) and Western bracken fern (Pteridium aquilinium). The terrain is very rugged and steep (greater than 50% slope in many areas). Intrusions of non-native, invasive French Broom and other species are also present throughout the area.

2. Previously Disclosed Impacts
2021 MND: The analysis within the Mitigated Negative Declaration previously approved for the Western Hills Project (referred to herein as the “2021 Western Hills Project” and “2021 MND”) included the following: 1) Acquisition and annexation of the parcels; 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

10 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
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.

As described throughout the Initial Study, construction and ground disturbing activities associated with these components 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, mitigation measures identified within the aforementioned sections would reduce impacts to less than significant. Mitigation measures identified within the Initial Study and Mitigated Negative Declaration related to ground disturbing activities and construction for road and utility improvements, as well as residential development, will be included in the Development Agreement and Conditions of Approval to ensure that they are implemented accordingly. A Mitigation Monitoring and Reporting Program is provided in Section VII of the Initial Study.

All future residential development would be analyzed on a project level basis for consistency with land use policies; and would be subject to discretionary and environmental review of their individual and cumulative environmental impacts, as applicable (with the exception of by-right development).

Based upon the analysis contained within the 2021 MND, all potential impacts resulting from the 2021 Western Hills Project would be less than significant with incorporation of mitigation. 2040 General Plan EIR: The City’s 2040 General Plan and Environmental Impact Report (EIR) were adopted by City Council in December, 2022, and analyzed the type and amount of development that can occur throughout the City through the planning horizon year of 2040 (over approximately 18 years). As part of the 2040 General Plan, the City identified three potential separate annexation areas currently located in the County of Mendocino’s jurisdictional boundaries, totaling approximately 1,617 acres. The Western Hills Annexation Area was identified as “Annexation Area C” and included the original 707 acres associated with the 2021 Western Hills Project, as well as the 44 acres of “clean up” parcels added after approval of the 2021 Western Hills Project. The EIR analyzed annexation of this area, as well as the associated prezoning, and adoption of the new Sphere of Influence and Planning Area. Because the addition of the 44 acres was analyzed within the EIR and no change to those parcels are proposed as a part of the Revised Project, further analysis of these parcels is not required, and not included within this Addendum. However, the EIR is referenced in certain sections of the below analysis, as appropriate.

3. Summary of Impacts
A. Aesthetics
Summary of Aesthetics Impacts from the Western Hills Project 2021 MND According to the California Department of Transportation’s (Caltrans) State Scenic Highway System Map, there are no designated state scenic highways within the vicinity of the project.

However, the Western Hills, including the Project site are considered a local scenic vista.

Approximately 640 acres would remain open space, while 54 acres would be potentially developed with up to 14 units (one single-family dwelling and one ADU per lot). Although the Project does not include specific development proposals for construction of the homes, the Development Agreement allows the potential for the homes to be built at some point in the future.

However, all future development would be subject to discretionary and environmental review and be required to comply with City regulations for height, setbacks, and other development standards established to protect natural features and scenic resources within the Western Hills.

11 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Sewer and electric utilities would be extended from Redwood Avenue to the house sites but would be located underground within the existing roadway to avoid visual impacts. The two proposed water tanks (34 ft x 34 ft, 10.5 ft high) would be colored a shade of green to blend in with the landscape. The water tank site has already been cleared of vegetation and is surrounded by trees, making it less visible to the public. Due to the location and topography of the site, and distance from public views, such as those in adjacent residential areas or views from the valley floor, the proposed water tank would not significantly impact scenic resources on the site or in the area.

For the aforementioned reasons, the Project would not result in a significant impact to scenic vistas, nor the visual character of the site or area. Impacts would be less than significant. 2021 MND Mitigation Measures: None.

Summary of Aesthetics Impacts from the Revised Project
Impacts to Aesthetics associated with the revised Project would be consistent, if not less than, those disclosed within the 2021 MND. Specifically, the 40-acres proposed for inclusion in the Western Hills Annexation Area contains similar terrain, vegetation and scenic quality as the parcels previously analyzed. While the Revised Project does not include road and/or utility improvements, which would result in less impacts described within the 2021 MND associated with groundwork, grading, and vegetation removal associated with those components, the Purchase Agreement would allow for potential development of up to six additional units within a 15-acre area, in accordance with the R1H zoning regulations. Similar to the analysis contained within the 2021 MND, the exact location of the potential development parcels and residential units is unknown at this time. However, all future development would be subject to discretionary and environmental review and be required to comply with City regulations for height, setbacks, and other development standards established to protect natural features and scenic resources within the Western Hills. For the aforementioned reasons, consistent with the 2021 MND, the Revised Project would not result in a significant impact to scenic vistas, nor the visual character of the site or area. Impacts would be less than significant.

B. Agriculture and Forestry Resources
Summary of Agriculture and Forestry Impacts from the Western Hills Project 2021 MND According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the Project area does not contain Unique Farmland, or Farmland of Statewide Importance. However, the site is designated as Grazing Land, which is defined as land on which the existing vegetation is suited to the grazing of livestock but has not been used for grazing. There are no agricultural uses or Williamson Act contracts onsite or in the immediate vicinity. The Project would not convert Farmland, conflict with existing zoning for agriculture or forest land, and would not involve changes to the environment that would result in the conversion of agricultural resources to non-agriculture uses. Therefore, impacts to agricultural resources would be less than significant.
2021 MND Mitigation Measures: None.

Summary of Agriculture and Forestry Impacts from the Revised Project Consistent with the analysis contained within the 2021 MND, the 40-acre parcel proposed for inclusion in the Western Hills Annexation Area is designated as Grazing Land by the California Department of Conservation Farmland Mapping & Monitoring Program, and there are no agricultural uses or Williamson Act contracts on-site or in the immediate vicinity. Consistent with the analysis in the 2021 MND, Revised Project would not convert Farmland, conflict with existing

12 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
zoning for agriculture or forest land, and would not involve changes to the environment that would result in the conversion of agricultural resources to non-agriculture uses. Therefore, impacts to agricultural resources would be less than significant.

C. Air Quality
Summary of Air Quality Impacts from the Western Hills Project 2021 MND Improvement of roadways, installation of utilities, and construction of the water tanks, as well as future potential construction of single-family homes could result in impacts to air quality. Shortterm construction related impacts (emissions and dust) would result from grading, vegetation removal, trenching, paving, operation of construction equipment, and vehicle trips associated with construction workers. However, with incorporation of Mendocino County Air Quality Management District (MCAQMD) Best Management Practices identified in Mitigation Measures AQ-1 through AQ-3, impacts would be less than significant.

Long-term air quality impacts associated with single-family residential development is typically minimal and generally associated with vehicle trips, wood burning stoves, landscape and maintenance activities, etc. However, existing building codes requiring energy efficient and low emitting equipment and features for new residential development (see Section 6, Energy, Section 8, Greenhouse Gas Emission, and Section 17, Transportation of the Initial Study for more information). With adherence to the aforementioned regulations, and others intended to reduce emissions and impacts to air quality, impacts from operation of the Project would be less than significant.
2021 MND Mitigation Measures:

AQ-1: Diesel Engines – Stationary and Portable Equipment and Mobile Vehicles:
a. 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.
b. 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.
c. 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. d. Heavy duty truck idling and off-road diesel equipment or other diesel engine idling is limited to less than 5 minutes.

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:
a. All visibly dry disturbed soil road surfaces shall be watered to minimize fugitive dust emissions.
b. All unpaved surfaces, unless otherwise treated with suitable chemicals or oils, shall have a posted speed limit of 10 mph.
c. 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.
d. Asphalt, oil, water, or suitable chemicals shall be applied on materials stockpiles, and other surfaces that can give rise airborne dusts.
e. All earthmoving activities shall cease when sustained winds exceed 15 mph.

13 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
f. The operator shall take reasonable precautions to prevent the entry of unauthorized vehicles onto the site during non-work hours.
g. The operator shall keep a daily log of activities to control fugitive dust. h. 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.

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.

Summary of Air Quality Impacts from the Revised Project Impacts associated with the Revised Project, and specifically potential future residential development of six units, would be the same as described within the 2021 MND and future development would adhere to Mendocino County Air Quality Management District (MCAQMD) Best Management Practices identified in Mitigation Measures AQ-1 through AQ-3, and relevant energy efficiency building codes, impacts would be less than significant.

D. Biological Resources
Summary of Biological Resources Impacts from the Western Hills Project 2021 MND According to the Biological Assessment Report (BRA) was prepared for the Project by Jacobszoon & Associates, Inc. (2021, updated 2022) for the Project, based on existing vegetation and known habitat range, seventeen (17) special-status plant species and thirteen (13) specialstatus wildlife species have a moderate or high potential to occur within the study area (identified as 55 acres for potential development, and 100 ft radius around the access road and fire breaks).

However, during the field survey, none were observed on-site. Because no special status plant species were observed during the field survey, the Project is not anticipated to result in significant impacts to them. However, this does not preclude the possibility of wildlife species being present at the time of construction or being impacted from vegetation removal, grading, and other ground disturbing activities for utility extension, road improvements, water tank construction, and future residential development. In addition, two sensitive woodland tree habitats were identified in the Project Area. As such, construction, vegetation removal, and ground disturbing activities could

14 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
result in impacts to nesting birds, special status insects, woodland habitat, and mammals.

However, Mitigation Measures BIO-1 through BIO-5 would reduce impacts to less than significant.

There are no established native resident or migratory wildlife corridors, or native wildlife nursery sites within the Project area, and no adopted Habitat Conservation Plans for the City of Ukiah, nor the larger Ukiah Valley that apply to the site.

The Study Area contains two (2) Class II watercourses and four (4) Class III watercourses that were observed and mapped on-site (in the northernmost parcels). However, this area would be avoided, and no development is proposed within proximity of the watercourses. No wetlands were observed within or immediately adjacent to the study area. The study area also does not contain any special-status fish species or fish bearing watercourses or waterbodies. If future work in or adjacent to any of the other watercourses are proposed, the Developer is required to obtain necessary regulatory permits from the California Department of Fish and Wildlife and the Regional Water Quality Control Board, as necessary. Impacts to sensitive aquatic resources would be less than significant.
2021 MND Mitigation Measures:

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.

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 sensitive amphibian species such as foothill yellow-legged frog (Rana boylii).

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.

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.

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.

Summary of Biological Resources Impacts from the Revised Project The additional 40 acres proposed for inclusion in the Western Hills Annexation Area (Revised Project) is largely undeveloped and is bisected by a 1,000-foot unpaved road accessed from Redwood Avenue. The access road width ranges from 16-to-20-feet wide and has been improved with gravel and compaction. The road climbs to a levelled one-acre abandoned cannabis cultivation site before continuing uphill and off the project site. Remnants of the cultivation site

15 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
include old fencing with concrete footings, PVC irrigation pipes, pots, tubs, planting containers, a water tank, and pallets.

Vegetation on the Project site is varied across east, south, and north facing slopes. South facing slopes include native and nonnative annual and perennial grasses, brush (chamise) and Oak woodland. East facing slopes include mixed hardwood forest and Black Oak Woodland.

Undergrowth is consistent with a Black Oak Alliance including Toyon (Heteromeles arbutifolia), ceanothus (Ceanothus spp.), and Manzanita (Manzanita spp.). North facing slopes are dominated by Doug Fir (Pseudotsuga menziesii). The northern boundary of the property includes a Class III waterway and associated riparian vegetation. Intrusions of non-native, invasive French Broom are found along approximately 100 yards of the road as it climbs away from the drainage.

The terrain on the southern side of the property is steep (greater than 50% slope in some areas) while the northern portion of the property has slopes generally in the 10-30% range. There are no soils unusual to the region.

The Revised Project includes preservation of an additional 25 acres of open space, which would have no impact on biological resources. However, the 15 acres that would be included in the Purchase Agreement and allow for up to six residential units, would have similar impacts to those described in the 2021 MND. The parcels would be created within the eastern portion of the existing 40-acre parcel, but the location of the potential residential units is not known at this time.

All development requires discretionary review per the R1-H zoning district regulations. R1-H regulations also requires submittal of the following: soil and geological reports, subsurface investigations, grading plans, vegetation reports, and hydrology reports. Additionally, depending on the location and vegetation contained within the development area, a Biological Assessment may also be required. Future development would also adhere to Mitigation Measures BIO-1 through BIO-5. A Class III watercourse is located in the northern portion of the site. However, no development would occur in this area and watercourses would be avoided. As such, impacts to biological resources as a result of the Revised Project would be similar to those described in the 2021 MMD, and would be less than significant with mitigation.

E. Cultural Resources
Summary of Cultural Resources Impacts from the Western Hills Project 2021 MND An Archeological Survey Report was prepared by Alta Archeological Consulting (Alta) in March 2021, to identify any archaeological, historical, or cultural resources located within the 55 acres included in the Development Agreement to be developed with single family homes at some point in the future. Alta also conducted a field survey of the area and requested an archaeological and historical records search (File No. 20-1364) from the Northwest Information Center (NWIC) located on the campus of Sonoma State University. The records search included a review of all study reports on file within a one-half mile radius of the Project area. No cultural resources were identified within the Project area (or within one-half mile) as a result of the records search, literature review, or archaeological field survey. In addition, given the steep terrain, the potential for substantial prehistoric or historic settlement is considered low. Therefore, the Project activities are not anticipated to cause a substantial adverse change in the significance of a historical resource as defined in §15064.5.

As a part of the Project, the City also followed tribal consultation notification procedures, in accordance with Assembly Bill 52 (AB 52). On January 28, 2021, a request for formal consultation by the Pinoleville Pomo Nation was received, and AB 52 consultation was concluded with the tribe on May 3, 2021. No specific resources were identified within the Project area as a result of the consultation process, but Mitigation Measures CUL-1 and CUL-2 were included in the Project

16 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
to mitigate for the potential of unanticipated discoveries during ground disturbing activities. These mitigation measures apply to all future development. As such, impacts to cultural, archeological and historical resources would be less than significant with mitigation incorporated. 2021 MND Mitigation Measures:

CUL-1: Unanticipated Discovery. If previously unidentified cultural, historic, palaeontologic 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.

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.

Summary of Cultural Resources Impacts from the Revised Project Impacts from the Revised Project, and specifically the potential development of six single family homes within the additional 15 acres, would be consistent with those described in the 2021 MND, as the soils, terrain and development type would be similar. With implementation of Mitigation Measures CUL-1 and CUL-2, impacts would be less than significant with mitigation incorporated.

F. Energy
Summary of Energy Impacts from the Western Hills Project 2021 MND The Western Hills Project, including the Development Agreement, does not include specific development designs or proposals, nor does it grant any entitlements for development. Future housing projects will be analyzed on a project level basis subject to the County’s and City’s building and safety codes, as well as Title 24 regulations (and others) to promote energy efficiency. Specifically, each residence would be required to comply with Title 24 Building Energy Efficiency Standards, which provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting.

Project construction equipment would also be required to comply with the latest California Air Resources Board (CARB) and Environmental Protection Agency (EPA) engine emissions standards which require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption.

With adherence to the aforementioned regulations, and others intended to reduce energy consumption, impacts from the Project related to energy consumption would be less than significant.

17 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
2021 MND Mitigation Measures: None.

Summary of Energy Impacts from the Revised Project
Impacts from the Revised Project would be consistent with those described in the 2021 MND, as all future potential construction would be subject to the aforementioned regulations intended to reduce energy consumption. Impacts to energy as a result of the Revised Project would be less than significant.

G. Geology and Soils
Summary of Geology and Soils Impacts from the Western Hills Project 2021 MND The Western Hills Project site(s) is not in a California Earthquake Fault Zone and is not susceptible to liquefaction or strong seismic ground shaking. However, future potential construction of single-family homes and utility improvements could require vegetation removal and grading, which could result in impacts associated with erosion, the loss of topsoil and landslides if not properly designed.

All of the aforementioned activities must be completed in accordance with applicable safety codes and the below standard mitigation measure requires sediment and erosion plans identifying BMPs to reduce soil erosion and water runoff to reduce or avoid impacts to geology and soils to be submitted prior to any ground disturbance, in accordance with Ukiah City Code (“UCC”) Division 9, Chapter 7, Erosion and Sediment Control. In addition, R1-H development standards (which will be applied to all Development Parcels) require submittal of Geotechnical Reports, Grading Plans, Hydrology Reports, etc. to ensure development is being properly designed, and will include a set of site/project specific recommended Best Management Practices and adherence to Mitigation Measure GEO-1 for future development projects to avoid impacts to geology and soils. Impacts related to soil erosion and geologic hazards would be less than significant with mitigation.

An onsite community sewer system (holding tank) with a sewer line, rather than a leach field, will be constructed for discharging wastewater (effluent only) to a sewer main at the end of Redwood Avenue. The soils at the Project site are not identified as being expansive and could adequately support the sewer system. In addition, building code, Mendocino County of Environmental Health, and Public Works’ requirements will ensure that the sewer system is adequately installed in accordance with all standards related to safety. Impacts would be less than significant.

Lastly, as described in Section 5, Cultural Resources, of the 2021 MND, although not anticipated, the potential exists for unique paleontological resources or site or unique geological features to be encountered within the Project area during ground-disturbing construction activities. However, in the event that resources are discovered during construction, Mitigation Measure CUL-1 requires the protection of the resources. Impacts would be less than significant with mitigation incorporated.
2021 MND Mitigation Measures: Implementation of CUL-1.

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.

18 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Summary of Geology and Soils Impacts from the Revised Project The terrain on the southern side of the property is steep (greater than 50% slope in some areas) while the northern portion of the property has slopes generally in the 10-30% range. There are no soils unusual to the region. Impacts from the Revised Project would be consistent with those described in the 2021 MND, as the soils, terrain and development type would be similar, and all future potential construction would be subject to the aforementioned regulations intended to reduce soil erosion and hazards to related to geologic features. Development on the 15 acres under the Revised Project would differ in that there would not likely be the affluent line and all sewer/septic would stay on site. Impacts to soils related to septic systems would be evaluated with any site development permit application. Specifically, potential development under the Revised Project would adhere to R1-H regulations, which require submittal of Geotechnical Reports, Grading Plans, Hydrology Reports, etc. to ensure development is being properly designed, and will include a set of site/project specific recommended Best Management Practices and adherence to Mitigation Measure GEO-1 and CUL-1 for future development projects to avoid impacts to geology and soils. Impacts to geology and soils as a result of the Revised Project would be less than significant with mitigation.

H. Greenhouse Gas Emissions
Summary of Greenhouse Gas Emissions Impacts from the Western Hills Project 2021 MND As discussed in Section 3, Air Quality, of the 2021 MND, the Western Hills Project (both construction and operation) would not result in a significant negative impact to air quality.

Similarly, as discussed in Section 17, Transportation, the Western Hills Project would not produce significant amounts of traffic or vehicle miles traveled that would in turn result in a significant increase in GHG emissions. Individual residential development projects constructed under the Development Agreement will be reviewed on a project by project basis to analyze GHG emissions and will be required to follow all building codes and policies including those intended to reduce emissions. Specifically, future residential uses constructed on all Development Parcels would be required to adhere to all federal, state, and local requirements for energy efficiency, including the Title 24 standards. Compliance with Title 24 Building Energy Efficiency Standards would provide minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting.

Implementation of the Title 24 standards significantly reduces energy usage, as well as GHG emissions.

Lastly, the Project includes annexation and conservation of approximately 640 acres, which will have no impact (or a beneficial impact) on GHG, given that the Project is located within a nonattainment area, the rural nature of the site, and small development footprint, the Project, including infrastructure improvements and other temporary construction activities, is not expected to significantly increase GHG in the area. With implementation of the aforementioned regulations, impacts to GHG emissions would be less than significant. 2021 MND Mitigation Measures: None.

Summary of Greenhouse Gas Emissions Impacts from the Revised Project Impacts associated with greenhouse gas emissions would be consistent with those described in the 2021 MND, as the potential development type and intensity is similar (but slightly less) than that described for the Western Hills Project. Compliance with Title 24 Building Energy Efficiency Standards would provide minimum efficiency standards related to various building features,

19 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Implementation of the Title 24 standards significantly reduces energy usage, as well as GHG emissions. Additionally, as a part of the 2040 General Plan, the City adopted thresholds for analyzing projects under Vehicle Mailes Traveled, which is directly tied to greenhouse gas emissions. The General Plan EIR identified that the following projects are expected to result in less than significant impacts: small projects that meet existing categorical CEQA exemptions, employment uses in areas with a diverse mix of land uses, local serving retail, projects in proximity to a major transit stop, transportation projects, and all residential projects/uses (such as those proposed as a component of the Revise Project). For more information, please refer to Section 4.11, Transportation, and Appendix D of the City’s General Plan Environmental Impact Report, which may be accessed online at:
https://ukiah2040.com/images/docs/Ukiah_2040_Compiled_Appendices.pdf.

Based on the aforementioned, impacts related to greenhouse gas emissions from the Revised Project would be less than significant.

I. Hazards and Hazardous Materials
Summary of Hazards and Hazardous Materials Impacts from the Western Hills Project 2021 MND
Hazardous Materials. Construction activities and future residential uses associated with the Project would require the routine transport, use, storage, and disposal of small quantities of hazardous materials common for equipment and property maintenance and operation, such as gasoline, diesel fuel, hydraulic fluids, oils, lubricants, cleaning solvents and supplies, pesticides, fertilizers, paint, etc. However, the types and quantities of materials to be used are not expected to pose a significant risk to the public and/or environment and would be managed in accordance with federal, state, and local regulations. In addition, Mitigation Measure HAZ-1 would ensure that materials would be transported and stored in a manner to reduce potential impacts, including those to schools within one-mile, to less than significant. Impacts would be less than significant with mitigation incorporated.

According to the GeoTracker and EnviroStor databases the Project site(s) do not contain any listed hazardous sites; no impact would occur.

Airport. Under the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP), the Project is located within the Other Airport Environs (OAE) Compatibility Zone. Within this airport influenced area, no limits are prescribed with regard to intensity of use, density of dwelling units, nor are there any open land requirements specific to airport safety considerations. According to Table 3A of the UKIALUCP, the proposed Project would not engender airport safety concerns under the UKIALUCP, and a review of associated residential uses are indicated as ‘Normally Compatible.’ As such, impacts to people residing or working near the airport would be less than significant.

Emergency Response. There are no components of the Project that would impair or interfere with emergency response or evacuation. Since the Project, specifically access improvements and residential development, would be required to be designed in accordance with state and local standards, including safety and emergency access requirements, there are no components of the Project that would impair implementation of, or physically interfere with, the adopted MultiJurisdictional Hazard Mitigation Plan (MJHMP) or other emergency response plan or evacuation plan. Impacts would be less than significant.

20 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Wildfire. As previously noted, none of the lands within the City of Ukiah are located within a California Department of Forestry (Cal Fire) State Responsibility Area (SRA). However, County lands immediately west of the City (including the majority of the Project site(s)) are located within the SRA and are classified as having a “Very High” fire hazard severity. The Project site is developed with Cal Fire fuel breaks and has been subject to vegetation management practices in order to reduce fire risk in the Western Hills. Additionally, the Project includes installation of an approximately 130,000-gallon water tank to add new water storage and fire protection facilities in the Western Hills. The access road and future residential development are required to adhere to all fire safety standards. Regardless of the aforementioned, construction activities involving the use of gasoline-powered tools and equipment could introduce new temporary sources of ignition that could increase fire risk. However, with implementation of Mitigation Measure HAZ-2, impacts would be reduced to less than significant. For the reasons stated, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. See Section 20, Wildfire of the 2021 MND, for more information. Impacts would be less than significant with mitigation incorporated.
2021 MND Mitigation Measures:

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.
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 gasoline-powered equipment.

Summary of Hazards and Hazardous Materials Impacts from the Revised Project Impacts related to hazards and hazardous materials would be consistent with those described in the 2021 MND, as the 40-acre parcel is located within the OAE zone of the UKIALUCP; within a Very High Fire Zone of the State Responsibility Area (not located within the UVFA district); and is not located on an identified hazardous site. Potential residential development associated with the Purchase Agreement would be of similar scale and intensity as that described in the 2021 MND.

The Revised Project would implement mitigation measures HAZ-1 and HAZ-2 to reduce impacts related to hazards and hazardous materials. Contrary to the improvements included in the 2021 MND, there are no road or utility improvements currently proposed for the Revised Project. All 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 arresters in proper working order and free of carbon buildup.

21 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
future improvements (road, electric, water, sewer) would be analyzed and provided by the property owner/developer, and residential development is required to comply with the R1-H development standards, as well as all applicable fire and building codes. As such, impacts from the Revised Project would be less than significant with mitigation.

J. Hydrology and Water Quality
Summary of Hydrology and Water Quality Impacts from the Western Hills Project 2021 MND
Future development would adhere to all applicable waste discharge requirements. Therefore, the Project would not violate any water quality standards. Water utilities will be developed by the property owner on-site to support the Development Parcels; approximately 130,000-gallons of storage will be provided by two 65,000 gallon tanks (34ft in diameter and 10.5ft high) that will be placed within the existing water tank pad site. According to the water tank planning study memorandum, prepared by GHD (December 10, 2020), the existing wells produce approximately 50,000 gallons per day and are located adjacent to the proposed tank. As a result, the developer proposes to supply the tanks with water from the wells rather than constructing new booster pump stations to pump water up to the tanks from the City’s existing wells. Therefore, the Project would not substantially deplete groundwater resources and impacts would be less than significant.

The Project area contains two (2) Class II watercourses and four (4) Class III watercourses.

However, The Project does not propose any modifications to existing culverts or watercourses.

As noted in Mitigation Measures GEO-1 and HAZ-1, 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 and shall include BMPs to address soil erosion and stormwater runoff associated with road and utility improvements. Additionally, construction projects that would disturb more than one acre of land, would be subject to the requirements of General Construction Activity Stormwater Permit which requires a Stormwater Pollution Prevention Plan (SWPPP) identifying specific BMPs related to stormwater pollution. The proposed Development Agreement does not include specific development designs or proposals, nor does it grant any entitlements for development. Future housing projects will be subject to County and City’s development standards, building and safety codes, including review of stormwater management practices, where applicable. If future work in or adjacent to any of the other watercourses or culverts are proposed, the Developer is required to obtain necessary regulatory permits form the California Department of Fish and Wildlife and the Regional Water Quality Control Board, as necessary. Impacts associated with erosion and stromwater runoff would be less than significant with mitigation incorporated. 2021 MND Mitigation Measures: Implementation of GEO-1 and HAZ-1.

Summary of Hydrology and Water Quality Impacts from the Revised Project Impacts from the Revised Project would be consistent with those described in the 2021 MND.

However, no water tank or utility extensions are proposed with the Revised Project. Water and utilities would be analyzed and developed by the future property owner/developer for development of residential units.

A Class III watercourse is located in the northern portion of the site. While the Revised Project does not propose any modifications to existing culverts or watercourses, future development associated with residential construction and access/infrastructure could result in impervious

22 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
surfaces and erosion that could result in an impact to water quality. However, implementation of GEO-1 and HAZ-1 would reduce impacts to Less than Significant with mitigation.

K. Land Use and Planning
Summary of Land Use and Planning Impacts from the Western Hills Project 2021 MND The Project area is undeveloped with the exception of an existing access road, firebreaks and previous land improvements for potential future housing development. While the Project would improve the existing access road and allow for potential future low-density residential development, it does not propose new linear features that would result in the division of an established community. Impacts would be less than significant.

The Project includes acquisition, annexation and prezoning of approximately 707 acres into the City’s jurisdiction. The 54 acres associated with the Development Agreement and private access parcels would be prezoned to Single-Family Residential-Hillside Overlay District (R1-H) with a General Plan Designation of Low Density Residential (LDR), while the remaining 640 acres utilized for open space and municipal purposes would be prezoned Public Facilities (PF) with a Public (P) General Plan designation. Under Government Code Section 56742, city-owned parcels are not required to be located within the City's SOI. Parcels can be located anywhere in the County, as long as they are less than 300 acres, owned by the City, and used for municipal purposes at the time of the annexation application. Because the portion of the open space parcels proposed for annexation totals approximately 296 acres, and will be under city ownership for open space, this portion of the Project is consistent with the Government Code.

Under the provisions of the Government Code, the zoning district adopted by the City does not become effective unless and until the land is annexed into the City. The Development Agreement allows for a total of seven single-family homes and seven Accessory Dwelling Units (ADUs).

However, once the parcels are annexed into the City, the site(s) would not be developed until an applicant submits a development on the Development Parcels (4-7) and obtains Planning Commission approval of a Use Permit to construct their home. All development would be constructed to R1-H standards, either through the City’s discretionary process (Development Parcels 4-7), or within the County’s jurisdiction (Development Parcels 1-3) by including R1- Hstandards in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). In addition, although not required, the mitigation measures contained within the 2021 MND for residential development will also be included in the CC&Rs.
2021 MND Mitigation Measures: None.

Summary of Land Use and Planning Impacts from the Revised Project The Revised Project includes acquisition, annexation, and prezoning of an additional 40 acres; 25 acres would be for open space and municipal purposes, and 15 acres would be available for development of three single-family homes and three ADUs (six units total). Impacts associated with the Revised Project would be consistent with those described in the 2021 MND, as the use, intensity and type of development that could be facilitated would be consistent with the original project.

Since approval of the original project and 2021 MND, the City adopted its 2040 General Plan. As a part of the General Plan, the Western Hills Annexation Area (including the 707 acres within the original project and MND, as well as the additional 44 acres of “clean up” parcels), the City’s Sphere of Influence (SOI) and Planning Area were also updated and analyzed. The updated (now existing) boundaries of the SOI include the 707 acres included in the original project, and Western Hills Annexation Area. The 40 acres proposed as a part of the Revised Project were not included

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in the amended SOI nor the Western Hills Annexation Area identified in the General Plan and associated EIR. However, the 40 acres would be owned by the City at the time of annexation and is within the City’s updated Planning Area, consistent with the intent of Government Code Section 56742. Additionally, the proposed 40-acre parcel being included in the Western Hills Annexation Area would result in a more orderly, contiguous and less peninsular annexation area than the current configuration, which is supported by LAFCo policies.

Consistent with the impacts discussed within the 2021 MND, the 25 acres proposed for open space and municipal purposes is consistent with the intent of the PF zoning and P land use designation. Whie the City notes the desire to obtain potential trail opportunities in the future, no such uses are proposed at this time. Acquisition of property for open space opportunities is supported by the General Plan.

The 15 acres proposed for limited single family residential development that could be facilitated by the Revised Project is consistent with the rural, low density, single family residential development and intensities currently existing within western Ukiah and prescribed within the Ukiah Valley Area Plan and County zoning. Specifically, the current land use designation is Remote Residential, 40 Acre Minimum (“RMR-40”) and the existing County zoning designation is Upland Residential, 40-acre minimum (“UR-40”) are intended to be applied to lands having constraints for commercial agriculture, timber production or grazing, and are well suited for small scale farming and low density agricultural and residential uses. Both the existing RMR-40 land use designation and UR-40 zoning designation allow for one dwelling unit (and one ADU) per 40 acres.

As described within the Land Use Element of the City’s 2040 General Plan, the Hillside Residential (HR) land use designation replaces previous (1995 General Plan) Rural Residential designation in areas in the hillsides west of Highland Avenue and Park Boulevard, with a maximum allowable density of one dwelling unit per gross acre. The intent of this designation is to allow for singlefamily residential at a lower density to align with the goal of reducing development in designated High Fire Hazard Areas. Similarly, the Hillside Overlay District (-H or R1-H) is intended to encourage planning, design, and development while preserving natural physical features and minimizing potential safety, water runoff and soil erosion concerns associated with the natural terrain.

The Purchase Agreement associated with the Revised Project would allow creation of three development parcels (in accordance with R1-H standards and the Subdivision Map Act) within the 15 easternmost acres of the 40-acre parcel and would further restrict development to one single family dwelling per parcel and one ADU (except for in cases were the slope exceeds 50 percent, per the City’s Hillside Overlay Ordinance). All development within the R1-H district requires discretionary review (Planning Commission approval) and would be subject to all R1H development regulations (including slope, density, setbacks, height, fire safety and water requirements, access requirements, etc.) contained within the Hillside Overlay District.

Development within the Hillside Overlay District also includes submittal of the following: soil and geological reports, subsurface investigations, grading plans, vegetation reports, grading plans, hydrology reports, and structure elevations. Each home would require approval of a Use Permit and/or Site Development Permit by the Planning Commission, as well as approval of a Building Permit, which includes additional review and approval by County and City departments.

Lastly, the Revised Project is consistent with General Plan Goals ENV-1, ENV-4, LU-6, LU-7, LU8 and LU-9 (and Polices ENV 1.2, LU 6.1, 6.2, 6.3, 7.1, 7.2 and 8.1) which support annexation and orderly development of lands contiguous to the City limits, as well as open space preservation, protection of hillsides and development of all housing types.

24 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
L. Mineral Resources
Summary of Mineral Resources Impacts from the Western Hills Project 2021 MND There are no identified mineral resources within the Western Hills Project area. No impact would occur.
2021 MND Mitigation Measures: None.

Summary of Mineral Resources Impacts from the Revised Project Consistent with the analysis within the 2021 MND, there are no mineral resources within the Revised Project parcel and no impact would occur.

M. Noise
Summary of Noise Impacts from the Western Hills Project 2021 MND Certain land uses are particularly sensitive to noise, including schools, hospitals, rest homes, long-term medical and mental care facilities, and parks and recreation areas. Residential areas are also considered noise sensitive, especially during the nighttime hours. The nearest existing sensitive receptors are residential uses adjoining the Project site to the east and south along Redwood Avenue; the closest residence being more than 700 ft away from the potential house site on proposed Parcel 1. However, construction related noise would be considered temporary.

In addition, to reduce potential noise impacts to nearby sensitive receptors, Mitigation Measure NOI-1 would require compliance with the City’s allowed hours of construction (7:00 a.m. to 7:00 p.m.), include Best Management Practices (BMPs) for reducing construction noise, and require construction equipment to be equipped with properly operating and maintained mufflers and other state-required noise attenuation devices. Noise impacts associated with construction of the Western Hills Project would be less than significant with mitigation incorporated.

Operation of the Western Hills Project would result in stationary noise sources associated with typical residential land uses (e.g., mechanical equipment, dogs/pets, landscaping activities, cars parking, etc.). These noise sources are typically intermittent and short in duration and would be comparable to existing sources of noise experienced at surrounding residential uses. The Project is also anticipated to use typical construction equipment for temporary periods of time that would not be considered excessive. As such, impacts from operation of the Western Hills Project would be less than significant.

The nearest airport is the Ukiah Municipal Airport, located approximately 0.79-mile east of the Western Hills Project site. The Project is located within the Other Airport Environs (OAE) Compatibility Zone of the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP).

Within this airport influenced area, no limits are prescribed with regard to intensity of use, density of dwelling units, nor are there any open land requirements specific to airport safety considerations. Noise and overflight factors are considered minimal, but there may be occasional overflights which may be intrusive to some outdoor activities. In general, the risk level for this zone is low, and no specific safety or airspace protection factors are identified.

For the reasons discussed above, impacts related to noise as a result of the Western Hills Project would be less than significant with mitigation.
2021 MND Mitigation Measures:

NOI-1: Prior to building permit or grading permit issuance, the developer shall comply with the following:

25 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
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 (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.

Summary of Noise Impacts from the Revised Project
Impacts related to noise as a result of the Revised Project would be consistent with those described in the 2021 MND, as it is also located within the OAE zone of the UKIALUCP, and future potential construction would adhere to the City’s noise regulations and Mitigation Measure NOI-1. Impacts related to noise as a result of the Revised Project would be less than significant with mitigation.

N. Population and Housing
Summary of Population and Housing Impacts from the Western Hills Project 2021 MND The current Ukiah Valley Area Plan land use designation of the Western Hills Project parcels is Remote Residential, 40 Acre Minimum (“RMR40”) and the existing zoning is Upland Residential, 40-acre minimum (“UR:40”). Under the County’s General Plan and Zoning Ordinance, the entirety of the 707 acres has the potential to be developed with up to one dwelling per 40 acres, for a total of 17 primary dwellings. In addition, an ADU may be constructed as of right on each parcel, resulting in the potential for up to 34 total units to be developed.

Once annexed, 54 acres could be developed with up to 14 residential units (seven single family homes and one associated ADU per lot) through the proposed Development Agreement. Although no development is proposed at this time, for this analysis it is assumed that future development of all Development Parcels would result in construction and development of residential uses on the site. As a part of the Project, utilities would be extended to the area. However, because the extension of utilities would be limited to the seven Development Parcels that are currently zoned for rural residential development, the Project, including development of up to 14 units, would not directly induce substantial unplanned development and population growth in the area. The remaining 640 acres that would be preserved as open space would not be developed with residential uses that could result in an increase in population. For the aforementioned reasons, the Western Hills Project would not induce substantial unplanned population growth in an area, either directly or indirectly. Impacts would be less than significant. 2021 MND Mitigation Measures: None.

Summary of Population and Housing Impacts from the Revised Project Once annexed, under the City’s jurisdiction and the Purchase Agreement associated with the Revised Project, 15 acres of the 40-acres could be split into three (3), five-acre parcels and developed with three single family homes and three ADUs, in accordance with R1-H zoning and development regulations. The remaining 25 acres would be prezoned PF, and no residential development would occur within this area. As analyzed within the 2040 General Plan EIR (Land Use Section), the maximum buildout potential assumed within the General Plan would result in an additional 2,350 housing units and an additional 4,514,820 non-residential square footage (City

26 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
of Ukiah 2022). This buildout is projected to occur specifically within the existing City limits and Annexation Areas. However, the six additional units would be included in the existing Planning Area and the amended Western Hills Annexation Area. Although the Revised Project would allow for the potential of six additional units than the original Western Hills Project, and four additional units when compared to the existing County zoning regulations, this change in potential units (and population) would not be considered substantial. Impacts would be less than significant.

O. Public Services
Summary of Public Services Impacts from the Western Hills Project 2021 MND Police protection services for the entire City limits is provided by the Ukiah Police Department, while the Mendocino County Sherriff’s Department provides police services for areas outside of the City limits. Fire protection services in the Ukiah Valley are provided by the Ukiah Valley Fire Authority and California Department of Forestry and Fire Protection (Cal Fire). Educational facilities in the Ukiah Valley area are provided by the Ukiah Unified School District (UUSD), County Office of Education, and the Mendocino-Lake Community College District. There are also several private and charter schools serving residents within the City of Ukiah, as well as the unincorporated portions of Mendocino County.

Although no development is proposed at this time, it is assumed that future development would result in construction and development of residential uses (up to 14 units) on the site. New homes in the City’s jurisdiction would be served by the City’s Police Department and the Ukiah Valley Fire authority. This minimal increase in service area would not be considered significant, as fire and police impact fees are collected for new construction to offset the financial burden that new development can potentially create for the fire department. Similarly, it is not anticipated that the additional residential units, currently already being served by existing school districts, would result in a significant impact to school services. Lastly, as discussed in Section 16, Recreation of the 2021 MND, the increase in residential units would not be considered significant and future development would be required to pay park impact fees, which are used to assist in the development and maintenance of parks and recreation facilities.

Lastly, future residential development would be assessed, and impact fees for all aforementioned public services would be collected during the Building Permit process. As such, the Project would have a less than significant impact on public services. 2021 MND Mitigation Measures: None.

Summary of Public Services Impacts from the Revised Project Impacts associated with the Revised Project would be consistent with those identified in the 2021 MND, as new homes in the City’s jurisdiction (once annexed) would be served by the City’s Police Department and the Ukiah Valley Fire authority. Future residential development would be assessed, and impact fees for all aforementioned public services would be collected during the Building Permit process. As such, the Project would have a less than significant impact on public services.

P. Recreation
Summary of Recreation Impacts from the Western Hills Project 2021 MND The Western Hills Project does not propose any recreational facilities at this time. However, the City does have aspirations to develop trails and recreational open space areas at some point in

27 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
the future. Potential development of up to 14 new residential units would increase population, and in turn, increase the use of existing recreation facilities. However, the increase in population would not be considered significant and future development would be required to pay all park impact fees, which are used to assist in the development and maintenance of parks and recreation facilities. As such, impacts would be less than significant on park facilities. 2021 MND Mitigation Measures: None
Summary of Recreation Impacts from the Revised Project
Consistent with the analysis within the 2021 MND, the Revised Project does not propose any recreational facilities at this time. However, the City does have aspirations to develop trails and recreational open space areas at some point in the future, and acquisition of the Revised Project parcel provides potential access opportunities to the remaining Western Hills open space parcels.

If, and when the City wishes to pursue development of such recreational opportunities, it would be analyzed under CEQA on a project-level basis at that time. As such, impacts to recreation as a result of the Revised Project would be less than significant.

Q. Transportation
Summary of Transportation Impacts from the Western Hills Project 2021 MND Based on information and analyses contained within the Office of planning and Research (OPR) Technical Advisory on Evaluating Transportation Impacts Under CEQA and the Fehr & Peers Baseline Study, the construction of up to 22 units in Mendocino County would be considered a ‘small project’ and screened out of further analysis for vehicle miles traveled (VMT). Because the Project would ultimately allow a max buildout of seven single family residential units and the possibility of associated ADUs, the Project may be screened out of further VMT analysis.

Nonetheless, since the Project site is currently undeveloped, any development with related vehicle use would increase VMT. In this case, there would be an increase in traffic to and from the site during both construction and operation of the Project. It is expected that construction of the Project would result in a temporary increase in traffic to and from the site, as construction workers arrive and leave each workday. In addition, minor increases to traffic on adjacent streets (specifically Redwood Avenue and Helen Avenue) could occur when heavy equipment required for construction is traveling to and from the site. However, once construction is complete, workers would no longer be traveling to the site, and the source of VMT would result from permanent residents. VMT generated from the Project would be similar to that of existing low-density residential development and would be considered less than significant.

Additionally, the Western Hills Project would not conflict with identified Major Improvements, Goals, Policies or Objectives identified in the 2017 RTP. Additionally, the Ukiah Valley Area Plan (2011) identifies future conceptual roadway improvements for the plan area. The 2021 Western Hills Project does not conflict with the UVAP’s recommendations and conceptual road improvements, because these recommendations address gaps in the street system expand capacity where future congestion levels are anticipated, and development of parallel north/south facilities.
2021 MND Mitigation Measures: None
Summary of Transportation Impacts from the Revised Project Impacts to transportation related to the Revised Project would be similar, if not less than those described in the 2021 MND, as the Revised Project does not propose road or utility improvements.

28 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
However, the Revised Project would allow for the development of three single family homes and three ADUs. Development of potential homes may require road and utility improvements to facilitate development. However, such improvements are not proposed at this time.

Since the 2021 MND was approved, the City adopted the 2040 General Plan. As a part of the General Plan Environmental Impact Report (EIR), the City identified that the following projects are expected to result in less than significant impacts: small projects that meet existing categorical CEQA exemptions, all, employment uses in areas with a diverse mix of land uses, local serving retail, projects in proximity to a major transit stop, transportation projects, and all residential projects. For more information, please refer to Section 4.11, Transportation, and Appendix D of the City’s General Plan Environmental Impact Report, which may be accessed online at:
https://ukiah2040.com/images/docs/Ukiah_2040_Compiled_Appendices.pdf Because the Revised Project would include open space and limited residential development, it meets the City’s adopted VMT thresholds. As such, the Revised Project would have a less than significant impact on transportation.

R. Tribal Cultural Resources
Summary of Tribal Cultural Resources Impacts from the Western Hills Project 2021 MND As described in Section 5, Cultural Resources of the 2021 MND, no cultural resources were identified within the Project area as a result of the records search, literature review, or archaeological field survey. In addition, due to its topography, the site is considered to have a “low potential” for cultural, archeological, and historic resources.

Although no tribes have contacted the City of Ukiah to request notification under AB 52, tribal notifications offering the opportunity to request formal consultation were sent to local tribes on December 15, 2020. In addition, a request seeking a list of tribes that should be contacted was sent to the NAHC. Notices were sent to the additional tribes identified by the NAHC on January 14, 2021. On January 28, 2021, a request for formal consultation by the Pinoleville Pomo Nation was received; AB52 consultation was concluded with the tribe on May 3, 2021. Correspondence with Pinoleville Pomo Nation has been omitted for confidentiality.

Despite the negative findings and the low potential for resources to occur on-site, there is potential for resources to be inadvertently discovered during ground disturbing activities. Therefore, Mitigation Measures CUL-1 and CUL-2 would be implemented. Impacts to would be less than significant with mitigation.
2021 MND Mitigation Measures: Implementation of CUL-1 and CUL-2.

Summary of Tribal Cultural Resources Impacts from the Revised Project Impacts to tribal cultural resources from the Revised Project would be consistent, if not less than, those described in the 2021 MND because the Revised Project does not propose ground disturbing activities at this time. Regardless, there is potential for future activities to result in the inadvertent discovered of resources. However, Mitigation Measures CUL-1 and CUL-2, which are effectively are required by the Public Resources Code for all development, would be implemented.

Impacts to would be less than significant with mitigation.

29 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
S. Utilities and Service Systems
Summary of Utilities and Service Systems Impacts from the Western Hills Project 2021 MND
Sewer and water will be developed by the property owner, while electric infrastructure will be developed by the property owner and/or the City. All utilities would be owned and maintained by the HOA, with the exception of electric, which will be ultimately maintained by the City.

Development of utilities could result in physical impacts to the environment. However, all utilities will be undergrounded and located within or adjacent to existing access roads, on private parcels and previously disturbed areas. In addition to serving the proposed residential developments, two water tanks will be installed to add new water storage and fire protection facilities in the Western Hills. No other development is proposed at this time. With incorporation of mitigation measures described in Biological Resources, Geology and Soils, and Hydrology and Water Quality, impacts related to expansion of utilities would not result in a significant impact to the environment. Impacts would be less than significant with mitigation measures incorporated.

The project is anticipated to use 14 equivalent sanitary sewer units (ESSUs). The City’s Wastewater Treatment Plant (WWTP) currently has available, between the City of Ukiah and the Ukiah Valley Sanitation District (UVSD), 1,571 ESSUs. The WWTP has capacity to serve this development and impacts would be less than significant.

Based on information provided on CalRecycle’s website, the Potrero Hills Landfill has a maximum permitted throughput of 4,330 tons per day and a remaining capacity of 13.872 million cubic yards, and is estimated to remain in operation until February 2048. As such, the proposed would not negatively impact the provision of solid waste services or impair the attainment of solid waste reduction goals. A less than significant impact would occur.

Mitigation Measures: Implementation of BIO-1 through BIO-5, and GEO-1.

Summary of Utilities and Service Systems Impacts from the Revised Project The 40-acre parcel proposed for inclusion under the Revised Project is located within the UVSD’s service boundary, but is not located within an established water district, nor within the UVFA boundary.

As a part of the Purchase Agreement, the developer is retaining exclusive right to the on-site well on the neighboring property to provide water and on-site storage for fire mitigation requirements.

If the developer wants to pursue utility services, the parcel is within the UVSD boundaries. It is not currently within a water district but is contiguous with City of Ukiah Water services.

Contrary to the original Western Hills Project, the Revised Project does not propose any connections to City utilities or infrastructure at this time. The City is retaining rights to easements for underground utilities (water and/or electric within the roadway) but has no plans now to utilize these easements. Sewer, water and electric utilities would be analyzed and provided to the future development by the property owner/developer. All development would be required to comply with all regulations pertaining to wastewater, solid waste, and other service systems.

While the impacts to utilities and services systems within the 2021 MND were determined to be less than significant with mitigation (related to trenching and ground disturbing activities), the impacts resulting from the Revised Project would be less than significant (without mitigation), as no utility extensions with associated ground disturbing activities are proposed.

30 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
T. Wildfire
Summary of Wildfire Impacts from the Western Hills Project 2021 MND The Project area is developed with fuel breaks and has been subject to vegetation management practices in order to reduce fuel load within the Western Hills. The Project site is developed with an existing access road that varies from 18 ft to 35 ft, wide with the majority of it being a minimum of 20 ft wide. The sections that are 18 ft wide are short in length (approximately 100 ft long) and have wide turnouts immediately before or after them. Both the California Department of Forestry and Fire Protection (Cal Fire) and the Ukiah Valley Fire Authority (UVFA) have reviewed the Project and conducted a site visit. The existing gravel access road will be improved with asphalt and a cul-de-sac, in accordance with all current fire and safety codes applicable to the Project.

The proposed improvements would increase the level of fire protection to the Project area. The Project also includes installation of water tanks and fire hydrants to add new water storage and fire protection facilities in the Western Hills. Per the California Fire Code, a portion of the water (varies based on size and number of homes) will be required to be allotted for fire protection services and cannot be used for residential use; this will be accomplished by a float switch that will be installed in the tanks. In addition, Public Resources Code Sections 4290 and 4291 contain additional requirements for lands within Very High Fire Severity Zones that would apply to the Project. These include, but are not limited to, the following which are designed 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. All future residential development would be reviewed by the fire department and be required to adhere to all fire safety standards, including those etc.

There are no components of the Project that would conflict with, or impair the adopted MJHMP, EOP, or other adopted emergency response plan or emergency evaluation plan. For the reasons stated, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, and would not impair emergency access. Impacts would be less than significant.

As described in Section 9, Hazards and Hazardous Materials, of the 2021 MND, installation of infrastructure and construction of the Project may involve the use of gasoline-powered tools and equipment potentially introducing new temporary sources of ignition that could increase fire risk.

However, implementation of Mitigation Measure HAZ-2 will reduce impacts to less than significant. Less than significant with mitigation incorporated.

Mitigation Measures: Implementation of HAZ-2
Summary of Wildfire Impacts from the Revised Project
Once under the City’s jurisdiction, the 25 acres would be maintained for fire protection. The properties will undergo an initial evaluation with an environmental survey and habitat assessment components, to determine the best treatment approach for fire mitigation efforts. The City plans to develop a Forest Management Plan in coordination with the Mendocino County Fire Safe Council for City-owned properties within the Western Hills.

As a part of the Purchase Agreement, the developer is retaining exclusive right to the on-site well on the neighboring property to provide water and on-site storage for fire mitigation requirements.

31 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
The Project site is developed with an existing access road that varies from 16 ft to 20 ft, wide that will be required to be improved to current fire and building codes at the time of development.

Additionally, the Revised Project will comply with all applicable goals and policies contained within the City’s Safety Element related to wildfire and development, such as adherence to Public Resources Code Sections 4290 and 4291 that contain additional requirements for lands within Very High Fire Severity Zones.

There are no components of the Project that would conflict with, or impair the adopted MJHMP, EOP, or other adopted emergency response plan or emergency evaluation plan. For the reasons stated, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires, and would not impair emergency access. Impacts would be less than significant.

4. Mandatory Findings of Significance
Summary of Impacts Disclosed in 2021 MND
Project components including the acquisition, annexation, and prezoning of parcels, in addition to the Lot Line Adjustments, would not directly result in physical impacts to the physical environment.

However, infrastructure improvements and the potential construction of up to seven single-family homes and seven associated ADUs, for a total of 14 units within the easternmost 54 acres of the Project area, could occur under the Development Agreement. Hull Properties is choosing to require the single-family homes to be constructed to R1-H standards by including them in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Development Parcels 1-3. In addition, although not required, the mitigation measures contained within the ISMND for residential development will also be included in the CC&Rs. Development Parcels 1-3 will still be included in the application for annexation and prezoned to R1-H. Although residential development is not proposed at this time and the 2021 Western Hills Project would not grant any entitlements, this analysis assumes that the development will occur on all Development Parcels, both under the County and City’s jurisdiction. As described throughout the Initial Study, construction and ground disturbing activities associated with these components 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, mitigation measures identified within the aforementioned sections would reduce impacts to less than significant with mitigation incorporated.

Cumulative impacts are generally considered in analyses of Air Quality, Biological Resources, Cultural Resources, Noise, and Traffic. As discussed throughout the Initial Study, the 2021 Western Hills Project would have less than significant impacts on these resources with implementation of mitigation measures described herein. As discussed in Section 14, Population and Housing, as well as Section 11, Land Use and Planning, the potential development of up to 14 units would not induce substantial unplanned population growth in an area, either directly or indirectly. Individual impacts from the 2021 Western Hills Project would not significantly contribute to cumulative impacts in the area as there are no known past projects nor current projects within the vicinity of the site. However, all future housing development would be analyzed on a project level basis for direct, indirect, and cumulative impacts, as necessary.

Summary of Impacts from Revised Project
Impacts associated with the Revised Project would be consistent, if not less than, those disclosed within the 2021 MND and within the 2040 General Plan EIR related to the Western Hills Annexation Area. Specifically, the 40-acres proposed for inclusion in the Western Hills Annexation

32 Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Area contains similar terrain, vegetation and scenic quality as the parcels previously analyzed.

While the Revised Project does not include road and/or utility improvements, which would result in less impacts described within the 2021 MND associated with groundwork, grading, and vegetation removal associated with those components, the Purchase Agreement would allow for potential development of up to six additional units within a 15-acre area, in accordance with the R1H zoning regulations. Similar to the analysis contained within the 2021 MND, the exact location of the potential development parcels and residential units is unknown at this time. However, all future development would be subject to discretionary and environmental review and be required to comply with City regulations for height, setbacks, and other development standards established to protect natural features and scenic resources within the Western Hills. The Revised Project would incorporate mitigation measures from the 2021 MND to reduce impacts to Air Quality, Biological Resources, Cultural/Tribal Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise, and Wildfire. Consistent with the 2021 MND, all impacts, including cumulative impacts, associated with the Revised Project would be less than significant with mitigation incorporated. See Mitigation, Monitoring and Reporting Program in Attachment D.

City of Ukiah
157-080-05

GASKIN JOHN

THOMPSON & JEN
157-050-04

D&J INVESTMENTS
LLC
157-060-02

D&J INVESTMENTS
LLC
157-060-04

GRAVES STEPHEN

G & MARIA
157-060-03

CITY OF
UKIAH
157-080-04

DIVIJATI
003-190-14
157-050-01

BENGSTON

TTEE DAVID A
157-130-01

STUTSMAN
JERRY S 1/3
156-230-03

WILDBERGER
BONNIE L TTEE 1
157-110-07

STUTSMAN
JERRY S 1/3
157-080-03
BROOKE
CLAUDE L 1/7
157-040-16

CARON GAETAN
157-040-13

NUI RISING

MOON TRUST
157-060-01

NUI RISING

MOON TRUST
001-040-90

CEJA ISMAEL
156-220-04

WILDBERGER
BONNIE L TTEE 1
157-030-03

HULL DAVID J
157-150-05

GUILFOYLE

DEAN TTEE
157-140-11

MINOR MATTHEW

ISSAC & TALI
157-150-01

BROOKE CLAUDE
L & JANICE E 157-150-07

GARZINI

RICK L TTEE
157-030-02
D&J

INVESTMENTS LLC
157-150-06

HUFFMAN RANDY

W & KIMBERLY
157-070-05
D & J

INVESTMENTS LLC
157-050-03

CITY OF UKIAH
157-030-04

GALTIERI

CESARE A TTEE
157-130-07

WALLS CHRISTOPHER

E & MELI
003-200-04
BROOKE
CLAUDE L 1/7
157-050-09

D&J INVESTMENTS
LLC
003-200-16
WRIGHT
JOAN L 2/3
157-050-02

D&J INVESTMENTS
LLC
157-050-08

GRAVES STEPHEN

G & MARIA
157-070-03

GRAVES STEPHEN

G & MARIA
156-250-02

CASTRO FRANCISCO
& REBECCA
157-160-03

MORENO JESUS
& JUANITA I
157-130-04

KAEHLER ROGER

L & AGNES E
157-070-04

ELLISON
JIMMY
003-190-11

D&J INVST
HULL
157-160-12

MINOR MATTHEW

ISSAC & TALI
157-160-06

SANDERS
JERRY 1/2
156-240-13

CITY OF

UKIAH THE
001-040-02

CAVALIN GREGORY

G & LISA
001-040-01

NIX JAMES R &

ANNE M TTEES
001-041-01

WERRA ROBERT
J & MARLENE T 001-040-83

HULL DAVID
J TTEE
157-050-11

D&J INVESTMENTS
LLC
156-250-01

WILDBERGER
BONNIE L TTEE 1
156-240-01

WILDBERGER
BONNIE L TTEE 1
003-190-08

CITY OF UKIAH
001-040-82

HUFF GRAYDEN
DRAY 1/2
003-190-13

D&J INVESTMENTS
LLC
μ1:18,000
01 700 ,400 Feet
00 0.125 .25 Miles
MENDOCINO COUNTY PLANNING DEPARTMENT- 6/3/2022
City Limits
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2021 Western Hills Annexation parcels
"Clean up parcels" added during City's General Plan Update Additional parcel proposed for inclusion (Revised Project, 2023) Ukiah Western Hills Annexation Area Map
157-050-04

TS D&J INVESTMENT
LLC
157-060-02

D&J INVESTMENTS
LLC 157-060-03

CITY OF
UKIAH
003-190-14
157-050-01

BENGSTON

TTEE DAVID A
157 030 03 157-030-03

HULL DAVID J
157-030-02
D&J

INVESTMENTS LLC
157-070-05
D &J

INVESTMENTS LLC
157-050-03

CITY OF UKIAH
157-050-09

D&J INVESTMENTS
LLC
157-050-02

D&J INVESTMENTS
LLC
001-040-83

HULL DAVID
JTTEE
157-050-11

D&J INVESTMENTS
LLC
003-190-13

D&J INVESTMENTS
LLC
ľ
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001-041-01

WERRA ROBERT

J & MARLENE T
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HULL

ATTACHMENT A

LOW GAP ROAD

NORGARD LANE
US 101
N
O
RT
H
STATE
STREET
LAU
RE
L
AV
E
N
U
E

SANFORD RANCH ROAD

WEST CLAY STREET

OA K KNOLL ROAD

EAST GOBBI STREET

PLANT ROAD
S
O
U
T
H
S
TAT
E
S
T
R
E
E
T

VICHY HILLS DRIVE

SOUTH DORA STREET

KNOB HILL ROAD
WASHO
DRIVE

BRUSH STREET

PARDUCCI ROAD
OL
D RIV
ER
ROAD
C
A
R
RIG
A
N LAN
E

EMPIRE DRIVE
SH 222

MASONITE INDUSTRIAL ROAD

WASHINGTON AVENUE

WALNUT AVENUE

KUNZLER RANCH ROAD

RIDGE ROAD

CLARA AVENUE
D

EERWOOD DRIVE

MAZZONI STREET

OBINSONCREE K ROAD
S
O
U
T
H
O
RC
HARD
AV
E
N
U
E
SH 253

VICHY SPRINGS ROAD

WEST STANDL EY STREET

TALMAGE ROAD

LONG VALLE Y RANC
H
ROAD
K

UKI LANE

TEDFORD AVENUE

NORTH PINE STREET

FRONTAGE ROAD D

ORR SPRINGS ROAD

ZINFANDEL DRIVE

FORD STREET

CAPPS LANE
NO
RTH
BUS
H
STREET

MAPLE AVENUE

BABCOCK LANE

DESPINA DRIVE

TAYLOR DRIVE

LUCE AVENUE

OAK MANOR DRIVE
L
VI E

OAK AVENUE

WILLOW AVENUE
N
O
RT
H
O
A
K
S

TRE E T

BARTOLOMEI ROAD

WHITMORE LANE

HELEN AVENUE
ELM
ST
REET
N
O
RTH
S
CHOO
L
STREET

FORD ROAD

MENDOCINO DRI VE

TOKAY AVENUE
S
O
UT
H
OAK
STREET
LES
LIE
S
T
REET

CANYON DRIVE
SOUTH
MAIN
STREET

W EST MILL STREET

POMO DRIVE

LOCKWOOD DRIVE

JEFFERSON LANE

WEST CHURCH STREET

WABASH AVENUE

LOVERS LANE

MALAGA DRIVE

LAWS AVENUE

FERN CANYON
DRIVE

BISBY AVENUE

WEST PERKINS STREET

MEDICINE WAY

CALVERT DRIVE

CHERRY STREET

WEST SMITH STREET

DOOLAN CANYON DRIVE

WEST STEPHENSON STREET

COCHRANE AVENUE
EAST
CHURCH
STREET

QUAIL DRIVE

GROVE AVENUE

JONES STREET

FIRCREST DRIVE

LEL AND
LANE

HENSLEY CREEK ROAD

APPOLINARIS DRIVE
RIVER
STRE
E
T

TEHUACA N ROAD

MC CLURE SUBDIVISION
BLUE

BONNET LA N E

DONNER LANE

EL DORADO ROAD

FREITAS AVENUE
WAUGH
LAN
E

EASTLICK
STREET

COMMERCE DRIVE

AIRPORT ROAD

YOKAYO TRIBE RA
N
CHROAD

DORA AVENUE

FOSTER LANE

FRACCHIA ROAD

WILDWOOD ROAD

TWINING ROAD

FAWNW O OD DRIVE

CHATEAUPLACE

CAROUSEL LANE
LO
R
RA
NI E S
T
REET

STIPP LANE

AIRPORT
PARK
BOUL
EVARD

HASTINGS AVENUE

GOBALET LANE

EL ROBLE ROAD

WOODLAKE DRIVE

SPANISH CA NYON
DRIV E

KING RIDGEROAD

TINDALL RANCH ROAD

PARK CREEK LANE
C

R ESTVI EW D RIVE
0 0.25 0.5 1
Miles
This map is a guide. Every reasonable effort has been made to ensure the accuracy of the map and data provided.

Parcel lines are not intended to represent surveyed data.

UKIAH GENERAL PLAN - 2040 Land Use Diagram
Railroad Tracks
Annexation Areas
Ukiah City Limit
Proposed Planning Area
Hillside Residential
Rural Residential
Low Density Residential
Medium Density Residential
High Density Residential
Downtown Core
Mixed Use: Brush Street
Mixed Use: AIP-PD
Neighborhood Commercial
Community Commercial
Highway Commercial
Industrial
Public
Recreational
Open Space
Agriculture
Document Path: S:\Public Works\Stricklin, Andrew\GIS Maps\GIS\Projects\Planning\General Plan 2040.mxd Date Saved: 11/22/2022 3:46:57 PM
Kristine Lawler
City Clerk
Date
ATTEST:

Mari Rodin
Mayor
Date

CITY OF UKIAH LAND USE MAP
This is to certify that this is the official Land Use Map of the City of Ukiah adopted in part by the ordinances listed below.

December 29, 2022
December 29, 2022

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2023

ATTACHMENT C

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah

MITIGATION MONITORING REPORTING PROGRAM
(as adopted for the “2021 Western Hills Project”)
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:
a. 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.
b. 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.
c. 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.
d. 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:
a. All visibly dry disturbed soil road surfaces shall
be watered to minimize fugitive dust emissions.

Developer Developer
During
construction
and ground
disturbing
activities

ATTACHMENT D

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
b. All unpaved surfaces, unless otherwise treated
with suitable chemicals or oils, shall have a
posted speed limit of 10 mph.
c. 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.
d. Asphalt, oil, water, or suitable chemicals shall
be applied on materials stockpiles, and other
surfaces that can give rise airborne dusts.
e. All earthmoving activities shall cease when
sustained winds exceed 15 mph.
f. The operator shall take reasonable precautions
to prevent the entry of unauthorized vehicles
onto the site during non-work hours.
g. The operator shall keep a daily log of activities
to control fugitive dust.
h. 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.

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
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
BIO-1: Special-Status Plants. Full USFWS
protocol-level sensitive plant species surveys for
Mendocino tarplant, congested headed hayfield
tarplant, bristly leptosiphon, broad-lobed
leptosiphon, redwood lily, green monardella, whiteflowered rein orchid, Mayacamas popcornflower, beaked tracyina, showy Indian clover, and ovalleaved viburnum within the blooming period (generally March-August) shall be conducted prior to
any ground disturbing activities to verify the
presence of special status plants, and identify
additional mitigation if needed, to ensure that the
project will not result in a significant impact.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Construction and
ground
disturbing
activities could
impact Red-belly
newt and their
habitat
BIO-2: Red-belly newt. A qualified biologist shall
survey the area prior to any groundbreaking
activities to determine the presence of Red-belly
newt, and identify additional avoidance measures, if
needed.

Qualified
Biologist Developer
Prior to
ground
disturbing
activities
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

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Cultural Resources and Tribal Cultural Resources
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, heataffected 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

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
Geology and Soils
Ground
disturbing
activities could
result in impacts
associated with
erosion, the loss
of topsoil and
landslides if not
properly
designed
Incorporation of Mitigation Measure CUL-1
Qualified
archaeologist Developer
During
ground
disturbing
activities
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
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
Developer Developer During
construction

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
accidental leaks
or spills in or
around the work
area
c) The developer shall maintain supplies on-hand
to contain spills of oil and any other hazardous
materials used on-site.

Construction of
the Project may
involve the use
of gasolinepowered tools
and equipment
potentially
introducing new
temporary
sources of
ignition that
could increase
fire risk.

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
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
gasoline-powered equipment.

Developer Developer During
construction
2021 approval202

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
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
(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.

Developer Developer
Prior to
issuance of
building or
grading
permits,
and during
construction

Ukiah Western Hills Open Land Acquisition and Limited Development Agreement Addendum to Initial Study and Mitigated Negative Declaration City of Ukiah
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 GEO1. 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 gasolinepowered
equipment and
machinery,
potentially
introducing new
sources of
ignition that
could increase
fire risk
Implementation of Mitigation Measure HAZ-2 Developer Developer During construction

1 ORDINANCE NO. 1217

UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH TO PREZONE

CERTAIN PARCELS IN ASSOCIATION WITH THE WESTERN HILLS OPEN LAND ACQUISITION AND LIMITED DEVELOPMENT AGREEMENT PROJECT.

The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS

1. The City proposes to acquire and annex approximately 707 acres total, including 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),the “ Noguera Properties” ( APNs 003-190-09 & 003- 110-90) and the City-owned Donation Parcel” ( APNs 157-050-03,157-060-003) in the Western Hills for open space preservation, while allowing the potential for future low-density residential development on the approximately 54 easternmost acres (“ Development Parcels”), consistent with existing development in the Western Hills within the City of Ukiah limits; and

2. Government Code Section 65859 allows the City to adopt a zoning district for land outside of thecity limits inanticipation of annexation and development, i.e. prezone.

3. Government Code Section 56742 allows the City to annex parcels that are not located within the City's Sphere of Influence (“SOI”), provided that those parcels are located in the County of Mendocino, less than 300 acres, owned by the City, and used for municipal purposes at the time of the annexation application.

SECTION TWO.

The City Council of the City of Ukiah hereby ordains that:

1. The City will apply to annex approximately 640 acres total referred to as the Conservation Parcels”, for open space and conservation. The Conservation Parcels will be pre-zoned with a Public Facilities ( PF) zoning designation, which encompasses lands within the City that contain open space and parks, as well as other public facilities. Approximately 343 acres of the Conservation Parcels are located within the City’s SOI and 296 acres outside of it.

2. The proposed Development Parcels ( totaling approximately 54 acres) will be zoned to Single-Family Residential-Hillside Overlay District (R1-H) with a General Plan Designation of Low Density Residential ( LDR), consistent with adjacent City zoning and development patterns in the Western Hills. In addition, the Noguera Properties will be zoned R1-H for consistency with surrounding zoning and land uses.

3. A map of the affected territories is set forth in Exhibit A, and the parcel configuration, intended use, and proposed prezoning of the affected territories are set forth in Exhibit B, attached hereto and by reference incorporated herein.

SECTION THREE.

1. Publication: Within fifteen ( 15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.

ATTACHMENT E

2 2. Effective Date: Section 2 and 3 of this ordinance shall become effective as of the date that the annexation of the Conservation Parcels, Development Parcels, and Noguera Properties becomes final.

Introduced by title only on September 15, 2021, by the following roll call vote:

AYES: Councilmembers Rodin, Duenas, Brown, and Mayor Orozco NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Adopted on October 6, 2021, by the following roll call vote:

AYES: Councilmembers Duenas, Brown, and Mayor Orozco
NOES: None
ABSENT: Councilmembers Crane and Rodin
ABSTAIN: None
Juan V. Orozco, Mayor
ATTEST:

Kristine Lawler, City Clerk

(2021 Approval)

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2021 approval

Proposed Parcel Configuration & Prezoning for
Western Hills (Hull Properties) Open Land Acquisition & Limited Development Agreement Project Sphere of Influence Conservation Parcels” ( 640ac) with Public Facilities ( PF) Prezoning
Development Parcels ( 54ac) with Single- Family ResidentialHillside Overlay District ( R1-H) Prezoning Last revised June 2, 2021
Figure 3
Proposed Parcel Configuration & Prezoning
Exhibit B
(2021 Approval)

EXHIBIT B- ANNEXATION PARCELS AND PREZONING
Assessor’s
Parcel Number
APN)
Existing
Size
acres)
Proposed Size
acres)
through
Lot Line
Adjustments1
Resulting Parcel Configuration, Intended Use and
Proposed Prezoning
001-040-83 77.6 9.8 Parcel 1 will become a Development Parcel intended for single family housing and prezoned R1-H.
157-070 01,
157-070-02,
003-190-01 &
157-050-09
148.2 5.1 Parcel 2 on Existing Conditions Tentative Map, contains several APNs but is one legal parcel (149 acres total). This parcel will become a Development Parcel intended for
single-family housing and prezoned R1-H.
157-050-11 40.0 9.9 Parcel 3 will become a Development Parcel intended for single-family housing and prezoned R1-H.
157-050-02 40.5 9.0 Parcel 4 will become a Development Parcel intended for single-family housing and prezoned R1-H.
157-050-01 40.3 5.0 Parcel 5 will become a Development Parcel intended for single-family housing and prezoned R1-H.
157-030-02 20.0 9.7 Parcel 6 will become a Development Parcel intended for single-family housing and prezoned R1-H.
157-050-12 40.0 5.0 Parcel 7 will become a Development Parcel intended for single-family housing and prezoned R1-H.
157-050-04 &
157-060-02

38.7 391.5 Parcel 8 will become a Conservation Parcel and be prezoned PF. The proposed water tanks will be placed on this parcel within the existing water tank pad site ( on existing Parcel 2).
157-030-03 60.0 60.0 Parcel 9 is an Conservation Parcel and will prezoned PF. 157-030-03 &
157-060-03
188.5 188.5 Parcel 10 (City-owned “ Donation Parcel”) will become a Conservation Parcel and will be prezoned PF.

Noguera
Properties”
003-190-09 &
003-110-90 10.20

4.14 10.20

4.14 These parcels contain the existing access road that will be improved but remain under private ownership. It will be included in the annexation proposal and prezoned R1-H,
consistent with surrounding zoning and land uses, but no development is proposed; this parcel is not included in the Lot Line Adjustment.

TOTAL +/- 707 acres
1 Resulting parcel configuration is subject to change but the Development Parcel area footprint and number of resulting parcels will remain the same.
(2021 Approval)

10/31/23, 1:23 PM Ukiah Western Hills Open Land Acquisition & LDA ISMND https://ceqanet.opr.ca.gov/2021040428/2 1/3
UkiahWesternHillsOpen Land Acquisition & LDA ISMND
Summary
ContactInformation
Location
SCH Number 2021040428
Lead Agency City of Ukiah
Document Title Ukiah Western Hills Open Land Acquisition & LDA ISMND Document Type NOD - Notice of Determination
Received 9/27/2021
Posted 9/27/2021
Document Description 1) Acquisition and annexation of approx. 707 acres for open space and limited development; 2) Pre-zoning of the parcels; 3) Sequential Lot Line Adjustments to reconfigure parcels into seven lots for future development; 4) Development Agreement between the City and Hull Properties restricting development to one single-family residence and one accessory dwelling unit (total of 14 units on 54ac); and 5) Site improvements (extension of utilities, road improvements, construction of water tanks).

Name Michelle Irace
Agency Name City of Ukiah
Contact Types Lead/Public Agency
Address 300 Seminary Ave.

Ukiah , CA 95482
Phone (707) 463-6268
Email [email protected]
Cities Ukiah
Counties Mendocino
Regions Citywide, Countywide, Northern California
Cross Streets Redwood Avenue

10/31/23, 1:23 PM Ukiah Western Hills Open Land Acquisition & LDA ISMND https://ceqanet.opr.ca.gov/2021040428/2 2/3
Notice ofDetermination
Determinations
Attachments
Disclaimer: The Governor’s Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. You may also contact the OPR via email at [email protected] or via Zip 95482
Total Acres 707
Parcel # several
State Highways Highway 101
Airports Ukiah Municipal Airport
Approving Agency Ukiah City Council
Approving Agency Role Lead Agency
Approved On 9/15/2021
County Clerk Mendocino
Final Environmental
Document Available at
https://www.cityofukiah.com/ceqa-review/ or 300 Seminary Ave., Ukiah CA, 95482 (1) The project will have a significant impact on the
environment
No
(2a) An Environmental Impact Report was prepared
for this project pursuant to the provisions of CEQA
No
(2b) A Mitigated or a Negative Declaration was
prepared for this project pursuant to the provisions
of CEQA
Yes
(2c) An other document type was prepared for this
project pursuant to the provisions of CEQA
No
(3) Mitigated measures were made a condition of the
approval of the project
Yes
(4) A mitigation reporting or monitoring plan was
adopted for this project
Yes
(5) A Statement of Overriding Considerations was
adopted for this project
No
(6) Findings were made pursuant to the provisions of
CEQA
Yes
Notice of Determination Western Hills ISMND NOD PDF 473 K

CONFORMED COPY
Copy of Document Recorded on 09/22/2021 09:25:41 A.M. as 2021-E00808 Mendocino County Clerk-Recorder
Notice of Determination
To: From:
[!] Office of Planningand Research Public Agency: City of Ukiah ______ _ Address: 300Seminary Ave. U.S. Mail: Street Address: Ukiah, CA, 95482 P.O. Box 3044 1400 Tenth St., Rm 113
Sacramento, CA 95812-3044 Sacramento, CA95814
Contact: Michelle Irace, Planning Manager
Phone: 707-463-6268 [email protected]
[!] County Clerk
County of: Mendocino Lead Agency (if different from above):

Address: 501 Low Gap Rd# 1020
Ukiah, CA 95482 Address:

Contact: ____________ _
Phone: _____________ _
SUBJECT:Filling of Notice of Determination Incompliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number (if submitted to State Clearinghouse): 2021040428_______ _ Project Title: UkiahWestern Hills Open Land Acquisition and Limited Development Agreement Project Project Applicant: City of Ukiah _________________ _
Project Location (include county): approx. 707 acres in unincorporated Mendocino County Project Description:
1) Acquisition and annexation of approx. 707 acres for open space and limited development; 2) Prezoning of the parcels; 3) Sequential Lot Line Adjustments to reconfigure parcels into seven lots for future development; 4) Development Agreement between the City and HullProperties restricting developmentto one single-family residence and one accessory dwelling unit (total of 14 units on 54ac); and 5) Site improvements (extension of utilities, road improvements.construction of water tanks). a This is to advise that the Ukiah City Council has approved the above Lead Agency or D Responsible Agency)
described project on 9/15/21
(date)
and has made the following determinations regarding the above described project.

1. The project willl will not] have a significant effect on the environment.

2. D An Environemtnal Impact Report was prepared for this project pursuant to the provisions of CEQA.

A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures were D were not] made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan was D was not] adopted for this project.

5. A statement of Overriding Considerations [0 was was not) adopted for this project. . Findings were were not] made pursuant to the provisions of CEQA.

This is to certify that the final EIRwith comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:
httes l/www.cityofukiah.com/ceqa-review/ or 300 Seminary Ave., Ukiah, CA, 95482 Signature (Public PlanningManager
Date: 4 12.o/2: l Date Received for filing at OPR:-------- Authority cited: Sections 21083 Public Resources Code.

Reference Section 21000-21174, Public Resources Code. Revised 2011

Good Evening Madam Mayor and City Councilmembers. My name is Norman Rosen and I have lived by the Westside Hills of Ukiah for the past 45 years and am concerned with the proposed land swap that is before you that will result in an increase in fire danger that affects all of us.

It is my understanding that the main reason behind the proposed acƟon is to provide access to the already acquired 700 acres for hiking and recreaƟonal purposes. There are other adjacent properƟes that I am told could possibly offer alternaƟve access though I find no menƟon of these alternaƟves in your staff’s report.

Assuming that the need for a public access is criƟcal to the use of the 700 acres and that there is no other alternaƟve access, I would suggest that you consider taking the 40 acres by eminent domain and provide fair and just compensaƟon to the landowner.

A local government such as the City of Ukiah can use the power of eminent domain to control land use and implement its general plan.

This is a limited power as it must be for a “public” use. The whole raƟonale for the land swap before you is that there is a criƟcal need for public access. You can surely and safely use this governmental power under these circumstances.

Of course there is a quesƟon as to how to fund the acquisiƟon. Do not be fooled by the previous acquisiƟon price for the forty acres as it appears to exceed fair market value. If you have already had an independent appraisal done on this property, please disclose this informaƟon to the public so we can equally evaluate your posiƟon. A friendly bank or private lender would surely want to enable the City to acquire this property on terms with a modest money down in order to protect the rest of the inhabitants of the City from a potenƟal wildfire emanaƟng from the proposed land swap with the potenƟal of six new Correspondence Received for Agenda Item 12a

houses. A taking by the City would even eliminate the possibility of any development on the forty acres, further reducing the threat of wildfire.

My counsel is for you to take a step back and not rush in to a decision on this maƩer. Time is on your side and we the people are on your side as well.

Date: December 5, 2023
To: Honorable Mayor and Ukiah City Council Members
From: Jeanne Wetzel Chinn, M.S.

Re: December 6, 2023 City Council MeeƟng, Agenda Item 12a PotenƟal Amendment of 40ac AnnexaƟon in Western Hills
Honorable Mayor and City Council Members:

I have owned my home, 395 San Jacinta Drive, at the Northwestern end of the road in the Western Hills for over 30 years. The potenƟal annexaƟon of the 40ac with build-out opƟons for 3 homes and 3 ADUs is directly behind my small property with a thin strip of David Hull property between.

Had I known 30 years ago this area would be in the highest fire severity zone, I would not have bought my home. I have cherished the peace and quiet; more buildout will change the landscape of the hills and not diminish the potenƟal for fire. I was one of the founders of the Western Hills Fire Safe Council, chair for 3- 1/2 years and now co-chair. I have become knowledgeable in fire threats to our Western Hills and residences, working with neighbors to create defensible space.

But there is only so much we can do in this changing climate with wildfires from natural and anthropogenic causes.

There are already 7 homes with an allowed 7 ADUs being built on the next street to the north on Redwood Avenue – all in the highest fire severity zone and west of the shaded fuel break. To consider adding another 3 homes with 3 ADUs again west of the shaded fuel break in the highest fire severity zone provides an even greater fire threat. It’s actually ridiculous.

I’m sure you will take the Planning Commission vote into consideraƟon of only allowing 1 house and 1 ADU. I suggest not allowing any more homes with ADUs to be built west of the shaded fuel break and/or in highest fire severity zones.

Correspondence Received for Agenda Item 12a

As a reƟred environmental scienƟst from the California Department of Fish & Wildlife, I relish the wildlife in our Western Hills – from bear to coyote, fox, likely a mountain lion passes through on occasion, plus deer and all the smaller criƩers.

As I’ve menƟoned to the City Manager and others before, it would be a feather in the City of Ukiah’s cap to retain what’s not developed, limit roads to fire trails, and not further fragment the Western Hills landscape. We have an opƟon to protect our Hills from further buildout and retain them as a wildlife preserve. It can yet be a place where our future generaƟons enjoy the views and know wildlife sƟll have a place to roam.

Please reject this project, or acquire the full 40ac and keep it all free from buildout. It’s Ɵme to end development in the Western Hills in the highest fire severity zone.

Thank you for your consideraƟon.

1 Kristine Lawler
Subject: 12a Correspondence Received - Betty Lacy
From: Betty Lacy <[email protected]>
Sent: Wednesday, December 6, 2023 8:23 AM
To: CityClerk <[email protected]>
Cc: jimnlacy <[email protected]>; [email protected] Subject: Fwd: re acquisition of proposed 40 acre parcel.

To City Clerk City of Ukiah:

Please post to public record,
I am a homeowner who has lived on Helen Avenue for the past 30 years. I support the UVTGroup. They have done an incredible job of trail making and maintaining in our valley. My concerns regarding the 40 acres in question is specifically related to fire risk. The western hills are rated severely high wildfire risk. I am aware that Redwood Avenueis a narrow road and currently is the only access point to the annexation area. Due to these concerns, I cannot support the annexation by the city of these 40 acres in question. An alternative I would support is to create a public group interested in supporting open space and trail planning that would lead a campaign to purchase this 40 acre parcel. We were able to accomplish projects like this in the past of which the skate park is one example. I think we can do it again.

Thank you,
Betty Lacy

1 Kristine Lawler
Subject: 12a Correspondence Received - Karen Rosen
From: Norm Rosen <[email protected]>
Sent: Wednesday, December 6, 2023 11:42 AM
To: CityClerk <[email protected]>
Cc: Norm Rosen <[email protected]>
Subject: LeƩer for tonight's City Council meeƟng
Dear Honorable Mayor and City Council Members,
My name is Karen Rosen and I have resided at 1304 West Clay St. for the last 44 years. I am a member of the Western Hills Fire Council represenƟng my upper West Clay Street neighborhood. You have heard from individuals who have a lot more experƟse than I regarding the increased fire danger posed by annexing this parcel and agreeing to zone the 15 annexed acres back to the owner as HR1. This would allow as you know three Ɵmes the current development potenƟal from 1 dwelling and 1 ADU to 3 dwellings and 3 ADU's. It further significantly increases the value of this 15 acre parcel given back to the owner because under annexaƟon it now would be within the City limits and afforded access to uƟliƟes and City services.

Thank you for your hard work as Council Members, City Manager office personnel as well as planning personnel and Planning Commission members for all your Ɵreless work over the last two or three years and beyond to acquire the 700 acres and the now proposed 25 acres. I want to express my appreciaƟon to the trail group for the 50k it raised, to AdvenƟst Hospital for the 50k it contributed and to the staff ingenuity to find the addiƟonal 200k that enabled the proposed purchase from the owner, Dave Hull DBA D&J Investments LlC, for 300k. I have been told the price is based on another special project appraiser's figures for land in the area and adjusted to reflect that this undeveloped land is a bit more complicated to develop. It is therefore worth less than the 28k per acre and 30k per acre paid by the City to acquire the nearby Doolan Canyon property that is easily developable. The appraised value used by the City in this case was a range of 8k to 12k per acre. This makes sense and is within the guidelines noted by Maya Simerson at the November Planning Commission meeƟng I aƩended. The City only pays fair market value for land according to guidelines established.

I have learned a great deal in the last week about the vision and planning and forward thinking and resources that have gone into this project. I am so impressed. I feel safer knowing the 15 acres will provide for a future water tank locaƟon with a tank of significant capacity and addiƟonal ingress and egress for safety vehicles as well as public access to trails and beƩer management systems for water utliliƟes.

Here is my area of concern as a taxpayer and Westside resident and why I am here before you today. We are selling our selves short. We are to pay fair market value for the purchase of public lands. But here, we are paying 300k to the owner and giŌing him back 15 acres of increased value. Even if I take in to consideraƟon the value of the whole 40 acres at 12k per acre we are only talking about a fair market value of 480k. It doesn't take being an assessor to understand that 15 acres of property with the potenƟal to build 3 dwellings and 3 ADU's on it is worth far more than the fair market value of 480k. I know from public records the owner in 2022 paid above fair market value for the property when he purchased 40 acres of hillside undeveloped County property in a high fire zone for 500k.

I further recognize the City with the fair market value guidelines it has to abide by would not have been able to pay this amount. The owner deserves some consideraƟon. It seems to me 1 dwelling and one ADU resulƟng from the proposed HR1 zoning is more than just compensaƟon.

2 Let's make this a win win situaƟon. Let's use the community know how that has lead to making things happen and for which I am so proud to call myself a Ukiahan. I am referring to the the know how that led to the creaƟon of Anton Stadium and the subsequent more recent improvements, the Sun House new park, the Boys and Girls Club, the Skate park, the Ukiah Players Theater, and SPACE, to name a few. We can raise the money to buy the whole 40 acres at fair market value as a community and make a giŌ to the City. This would result in all the land annexed being under City control as desired and put to good use. It would address the concerns of the experts that more hillside development would increase our fire danger.

If there is a need for more housing in the future the City can always put the land up for sale and it can be developed at that Ɵme. I ask you to not just dot the i's and cross the t's but given the importance and all the effort put into all of this, to look more closely on how to stay within the fair market value purchase guideline and come up with a creaƟve soluƟon.

Thank you.

Karen PIreƫ Rosen

1 Kristine Lawler
Subject: 12a Correspondence Received - John Rogers
Attachments: Western Hills Annex City Council.docx
the adoption and implementation of City practices, policies, and procedures.

From: John Rogers <[email protected]>
Sent: Wednesday, December 6, 2023 12:04 PM
To: CityClerk <[email protected]>
Subject: Tonight's City Council Meeting
Good evening Madam Mayor and City Councilmembers. My name is John Rogers and I live at the end of San Jacinta Drive in close proximity to the proposed amended annexation. My wife and I are active members of the Western Hills Fire Safe Council and I serve as a co-chair.

My wife and I are opposed to the amended annexation due to the creation of three additional residential parcels. The 40 acre subject parcel is in a very high fire hazard severity zone. In 2005, the Mendocino County Fire Chiefs’ Association and Cal Fire published the Mendocino County Wildfire Protection Plan. In reference to the western hills, the fire authorities warned us that encroachment into the western hills creates a “significant probability of a very destructive wildland interface fire”. Their warnings should not be ignored.

Other studies also warn us about building homes in the Wildland Urban Interface. In a 2018 report in the Proceedings of the National Academy of Sciences, the authors state that when houses are built in the Wildland Urban Interface they pose two problems related to wildfire:

1. There will be more wildfires due to human ignition. In other words, when you add more homes in an area there is a greater chance that someone will accidentally start a fire and the more homes, the greater the chance that could happen.

2. Wildfires that occur will pose a greater risk to lives and homes, including the risk to fire fighters.

It’s not just the three proposed residential parcels that pose a problem. In addition to the seven residential parcels created in the 2021 agreement, the City of Ukiah traded two parcels at the end of San Jacinta Drive as part of an earlier agreement. These two parcels were not included in the 2021 project approved by the city council and they are within the city limits, so they are not part of the amended annexation. However, these two residential parcels are adjacent to the subject 40 acre parcel with the three proposed residential parcels. That would mean a total of 12 residential parcels are being created in the western hills with a potential of 24 residences including ADUs. Adding this many homes in a very high fire hazard severity zone seems excessive and poses a fire threat to nearby neighborhoods and to the city in general.

All that being said, we applaud the city’s efforts in acquiring the 700 acres in 2021. The trade of 700 acres for seven residential parcels seemed like a good deal. Safeguarding 700 acres in the western hills was worth it. That amounts to 100 acres for each of the seven residential parcels that were approved. In contrast, the proposed amendment would add 25 acres of open space for three residential parcels. That’s eight acres for each residential parcel. That’s not a good deal.

Considering the additional fire risk, adding just 25 acres is not worth the risk.

We support the unanimous recommendation of the Planning Commission to limit residential development to one parcel.

We hope the city council will consider the public safety concerns and reject the proposal to add three residential parcels.

2 If not, what guarantees do we have that we will not see additional amendments for more residences in the future. The city needs to take a stand and say no more development in the western hills.

Thank you. John and Delynne Rogers

1 Kristine Lawler
Subject: 12a Correspondence Received - Andrea Vachon
-----Original Message-----
From: Andrea Vachon <[email protected]>
Sent: Wednesday, December 6, 2023 1:23 PM
To: MeeƟng <meeƟ[email protected]>
Subject: comment for City Council mtg Dec 6
December 6, 2023
To: Ukiah City Council
From: Andrea Vachon
Re: December 6, 2023 City Council MeeƟng, Agenda Item 12a "Adopt an Addendum to the Ukiah Western Hills Open Land AcquisiƟon..."
The ONLY access to this project is via a gate at the west end of Redwood Ave. AŌer entering Redwood Ave. from Helen Ave., you will travel approx. 1,000 Ō. to reach this gate. You may be surprised to learn that there are about 24 exisƟng houses on Redwood Ave., many of them within 25 Ō. of the curb. Even more astonishingly, people actually live in those houses! These residents have been subjected, for days and weeks on end, to large trucks and heavy equipment going up and down the formerly quiet street. For example, one day it was trucks carrying asphalt. Because this is a narrow road (barely 30Ō wide) trucks were unable to turn around, so they backed up the street with reversing alarms beeping for several hours non-stop.

No noƟces about this project have ever been sent to the majority of residents on Redwood Ave. The City says it is only required to noƟfy properƟes within 300 Ō. of the project site.

The proposed addiƟon to this project of three more houses, each with one ADU, equals a 43% increase to the number of dwellings (14 being in the original plan), all accessed via Redwood Ave. This means 43% more construcƟon traffic when building commences and 43% more residents commuƟng whenever those properƟes are sold.

And what guarantee have we that this project will not conƟnue to expand? Shamefully, the City seems to have no concern whatsoever for the enormous impact of all this addiƟonal traffic on the exisƟng local residents.

I sincerely hope you will vote NO to this Addendum.

Agenda Item No: 12.b.

MEETING DATE/TIME: 12/6/2023

ITEM NO: 2023-3230

AGENDA SUMMARY REPORT
SUBJECT: Consideration and Possible Adoption of a Resolution Amending the Fee Schedule for the Planning and Building Divisions of the Community Development Department (Withdrawn and Deferred to a Future Meeting Date).

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:

None
Summary: Analysis related to recommendations for amendments to the Fee Schedule of the Planning and Building Divisions of the Community Development Department is still under development. As a result, Staff has withdrawn the public hearing at this time and will re-notice the item for a new date once final analysis and recommendations have been completed.

Background: N/A
Discussion: N/A

Recommended Action: N/A
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
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Agenda Item No: 14.a.

MEETING DATE/TIME: 12/6/2023

ITEM NO: 2023-3147

AGENDA SUMMARY REPORT
SUBJECT: Consider Authorization for the City Manager to Execute a Three-Year Agreement with Governmentjobs.com, Inc. (dba "NEOGOV") for a Cloud-Based Human Resources and Payroll Module in the Amount of $321,889.82, and Approve a Corresponding Budget Amendment.

DEPARTMENT: Finance PREPARED BY: SARAH BROWN, Financial Manager, Mary Horger, Financial Services Manager
PRESENTER:

Sarah Brown, Financial Services Manager,
Disbursements; Mary Horger, Financial Services
Manager, Procurement
ATTACHMENTS:

1. RFI for Timesheet Entry Software

2. Demo Presentation Agenda Script (1)

3. Dec 5th Council ready NEOGOV NCSA Agreement with special Term Clause for Ukiah City CA (003) Summary: Council will consider authorizing the City Manager to execute an agreement with Governmentjobs.com, Inc. (dba"NEOGOV") for a cloud-based Human Resources and Payroll Module.

Note: For the current fiscal year, the one-time implementation fee of $103,889.82 and $50,655 for services will be funded out of reserves from the City's Administrative Services fund (200). With the use of these funds, there are no additional contributions required from the General or Enterprise Funds this fiscal year.

Background: The City of Ukiah Payroll Division of the Finance Department serves over 400 employees annually. Additionally, the City has nine different employment Memorandum of Understandings, which add another layer of complexity to the management of the employee data and payroll processes. During the last several years, the division has been looking at ways to increase efficiency and provide better services for employees through an electronic timesheet application.

The current method of entering payroll and personnel information is manual. For payroll, the process utilizes timesheet forms that are in a Microsoft Excel format, and then converted to PDF. The timesheet must be manually signed off by each employee's supervisor, and then submitted by the supervisor either in hard copy or via email to Payroll Staff. The Payroll Staff then reviews each timesheet for accuracy, and sends back the timesheets for corrections as needed. Once the timesheet is considered complete, the Payroll Staff manually enters into the software each employee's time for each pay period. This process is antiquated, is subject to human error, and takes up significant City-wide staff time, as well as the Payroll Staff's time and resources that can better be put to use in other, more technically difficult areas of payroll.

For personnel updates, an employee who wants to make any changes to their address, tax information, etc. has to fill out a form and send it to the Human Resources (HR) department. This information is then reviewed by HR Staff, and then entered into the software system.

The software that is currently utilized by the Payroll and HR departments within the City's current Enterprise Resource Planning (ERP) software system has presented certain challenges in terms of user-friendliness, accuracy, and efficiency. Staff had to create a series of "work around" processes in order for the system to

operate properly. Moreover, there have been some concerns regarding the timeliness and adequacy of technical support associated with this module, which has not fully aligned with the Payroll and HR department's needs.

Discussion: In April of this year, a Request for Information (RFI) was issued to potential vendors for time and attendance software. Please see Attachment 1 for a copy of the RFI. Six companies responded. An evaluation team, consisting of members of the Finance and HR departments, reviewed the responses, and selected four of the six companies to perform product demonstrations.

An agenda was created for the demonstrations with a list of functions and features that the evaluation team wanted to see. Please see Attachment 2 for a copy of the agenda.

As a result of these demonstrations - which included several follow-up meetings with NeoGov to confirm functionality and compatibility, and to perform reference checks - the consensus of the evaluation team was that NeoGov was the best product to meet the needs of the City, incorporating employee self-service, benefit tracking, as well as electronic timesheet and payroll functionality. This would allow for more efficient and streamlined payroll processing, all while still being able to integrate with the City's financial software system. Additionally, NeoGov's software application is a cloud-based system. Therefore, no hardware is necessary and requires little assistance from IT staff.

The following is an outline of NeoGov's proposed software functionality:

Core HR/Benefits: This is a centralized information system that maintains each employee's information in one place. Benefits plan administration will be automated, and will flow to the payroll processing. Employees will be able to select benefit packages and update personal information on their own within the system without reaching out to an HR Staff member. Employees will be able to view their timesheets, make tax changes, direct deposit changes, and have a live view of their vacation and sick-leave balances.

Time & Attendance: This will automate time entry, time tracking, PTO, and vacation requests; as well as tracking eligibility, entitlement, and FMLA tracking. Workflows and approvals will be maintained but automated and tracked through the system.

Payroll Services: This will include ACH processing, payroll tax filing and payments, W2 printing and mailing, 1095 printing and mailing, as well as W2 filing and reporting. This reduces tedious tasks, eliminates manual errors, and ensures compliance with current tax regulations and payroll calculations.

As an added advantage, the City's HR Department already uses NeoGov's Recruitment as well as their Perform and Learn modules, which will work in conjunction with these added modules. It has been reported that the level of customer service and technical support they have received during the implementation of those modules has been excellent.

In summary, NeoGov provides a comprehensive human resources payroll system that will better meet the current needs of Payroll Staff and all City employees.

NeoGov is proposing a three-year contract for the amount of $321,889.82 (please refer to Attachment 3). For Year 1, this includes a one-time implementation fee of $103,889.82 and $50,655 for annual services. This price is based on the North Carolina Sheriff's Association Cooperative Contract, and further discounted by $81,216.28 in total for the three years. The implementation costs and Year 1 annual services will be paid for out of reserves in the City's Administrative Services fund (200). Recurring annual fees will be paid for through the City's indirect cost allocation plan.

Staff performed an analysis on time savings this software potentially offers, which are not necessarily budgetary savings in the near-term but savings to overall cost of performing payroll activities. The table below illustrates that analysis in detail, where the total cost each year is what would be re-appropriated elsewhere in payroll and HR to meet other departmental needs. These are future value costs, not discounted for inflation. Additionally, the City will cancel the payroll portion of its existing contract with the City's ERP provider, totaling approximately $18,000 annually.

Therefore, Staff is recommending Council authorize the City Manager to execute a three-year agreement with Governmentjobs.com, Inc. (dba "NEOGOV") for a cloud-based Human Resources and Payroll module in the amount of $321,889.82, and approve a corresponding budget amendment.

Recommended Action: Authorize the City Manager to execute a three-year agreement with Governmentjobs.com, Inc. (dba "NEOGOV") for a cloud-based Human Resources and Payroll module in the amount of $321,889.82, and approve a corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20013220.54320: $25,000
PROPOSED BUDGET AMOUNT: 20013220.54320: $129,544.82
FINANCING SOURCE: Admin Reserves
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dan Buffalo, Director of Finance; Mary Horger, Financial Services Manager; Lauren Ruffin, Payroll Administrator; Sheri Mannion, Director of Human Resources and Risk Management; Scott Shaver, IT Project Manager
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI): 8a – Information Technology. (Transition to Cloud computing and reducing paper usage)
GENERAL PLAN ELEMENTS (GP):N/A

R E Q U E S T F O R I N F O R M A T I O N

TIME & ATTENDANCE SOFTWARE SYSTEM
City of Ukiah
300 Seminary Ave.

Ukiah, CA 95482
Issue Date: April 24, 2023
Submittal Due Date: May 12, 2023 at 2:00 PM (PT)

RFI FOR A TIME AND ATTENDANCE SOFTWARE SYSTEM
1 | P a g e
I. Purpose
The City of Ukiah “City” seeks information regarding time and attendance software system available in the market that will accommodate the requirements of a public agency with multiple labor Memorandums of Understanding (“MOU”). The City is interested in a user-friendly, web-based system that will streamline the City’s current time and attendance process, alleviate repetitive manual tasks, and overall enhance the process through accuracy and transparency.

II. Background
The City, with a population of approximately 15,500 people, is located about 115 miles north of San Francisco on the US Highway 101 corridor. Ukiah is also the County seat for Mendocino County, serving as the retail hub to an area reaching a 50-mile perimeter and experiencing a daytime service population exceeding 35,000 people.

The City is a full-service municipality, including General Government, Public Safety (Police and Fire), Planning, Building Inspection; Electric, Water, and Sewer Utilities. The City currently employs approximately 186 full-time employees and 226 part-time employees. There are eight (8) labor MOUs, that include the Administrative and Maintenance Unit, Department Heads, Electric Unit, Management Unit, Ukiah Police Officers Association, Ukiah Professional Firefighters Association, Water Utilities, and Mechanics Unit, and City Manager Contract – all of which can be viewed at the following link: https://cityofukiah.com/hr/memorandums-of-understanding-mous/ The City utilizes Tyler Munis for its financial software system. Currently, timesheet entry is done manually and is processed every two weeks. Supervisors submit approved PDF copies of their employee’s timesheets to the Payroll department; this is done primarily by email. From there, the Payroll Department staff performs the time entry directly into the Tyler Munis financial software system, to complete the payment processing.

III. Scope of Information Desired
The City is seeking information about time and attendance software, including functionality, length of time for implementation, ease of use, interface capabilities, and other information.

Please respond to the following questions and include additional information as necessary:
 How long has your software been available?
 How often is your software updated?
 What are the technical requirements for the implementation of the system?  Licensing Options. What are the licensing options? Are there tiers for enterprise licenses? What is the structure?
 What is the upgrade or maintenance cycle?
 How many customers do you currently have?
 How many current implementations are you involved with?

RFI FOR A TIME AND ATTENDANCE SOFTWARE SYSTEM
2 | P a g e
 How many of your customers reside in California, and of that number, how many are government agencies?
 Does the system require additional hardware such as keypads or time clock machines?
 Does the system provide a functional mobile application where employees can clock in and out and submit time off requests?
 Is there an online portal?
 What single sign-on does the application integrate with?  Does the system have automated workflow set-up capabilities?  Is there a limitation on how many active employees we can have?  What is the flexibility in the setup for employee classifications – employee codes and departments?
 How many pay codes can the system handle?
 Can your system handle employees whose time is reported to multiple pay codes or pay rates?
 Can your system handle an additional project code for cost tracking?  Does the system track accruals, such as vacation, sick time, etc.?  How is the system able to integrate with a separate financial software system?  Have you ever integrated with Tyler Munis?
 How does your system handle the processing of W2s?
 How does your system handle filing with the IRS?
 Can employees update their W4 via your product?
 Are employees able to view earning and pay history, and current accrual amounts such as vacation, sick time, etc.?
 Can employees update their demographics?
 Explain all the ways employees can request time off.
 Electronic mail. Does the system have email capabilities?  Dashboard. What type of information does it provide on a dashboard? Is it customizable?
 What is the system’s reporting capabilities?
IV. Submission Requirements
All submittals shall comply with the requirements stated in the following sections.

A. Format
Please submit your responses in a PDF format.

Information shall be submitted to:

To: [email protected]
Cc: [email protected]
Subject: RFI Response – Time & Attendance Software System

RFI FOR A TIME AND ATTENDANCE SOFTWARE SYSTEM
3 | P a g e
B. Content
The City seeks the following information and documents.

1. Cover Letter that includes contact information (address, telephone, cell phone, email address) of the primary contact person.

2. Responses to the questions in the order listed in Section III.

3. Screenshots of dashboards, sample reports, and other visuals to help the City get an image of the system’s look and feel.

4. Brochures indicating features and benefits.

5. Any other information that may be helpful in deciding the capabilities that may be desired.

C. Submission Review Process
The designated City project team will review the information submitted. The information provided will help the City in developing a scope of services and/or in seeking out a strategic sourcing method in order to meet the City’s objectives.

D. Demonstrations
The City may at its option request demonstrations of the systems presented by the firms responding to this RFI. No Respondent will be entitled to attend another Respondent's demonstration.

E. Additional Information
The City may request additional information from one or more respondents as necessary.

V. Schedule of Events
RFI Schedule Date
RFI Advertised 4/24/2023
Deadline for RFI Responses 5/12/2023 at 2:00 PM (PT)
Review and Evaluation of Responses (Tentative) 5/31/3023 Vendor Demonstrations (Tentative) 6/14 – 6/15/2023
RFP or Other Sourcing Method Determined (Tentative) 6/30/2023

1 Time & Attendance Software System
Vendor Demo Presentation
Agenda:
1) Introductions: City of Ukiah (5 minutes)
Introductions: Vendor (5 minutes)
2) System Demonstration:

Product Overview and System Capabilities (45 minutes)
3) Technology & Support (45 minutes)
4) Q&A (20 minutes)
__________________________________________________________________________ 1) Introductions
The COU Team is interested in viewing a demonstration of the system’s overall capabilities, specifically the following:
2) Product Overview and System Capabilities
 Employee setup and dashboard customization by the user  Useability and features of the online portal
 Portal view for employee and Portal view for supervisor  Workflow for submission of timesheet and approval process o Public Works Classifications – demonstrate how project codes are captured and tied to the appropriate expense accounts.
 Mobile App – employee usability for submitting time and requests for time off  Document wizard to prepare documents from pre-established templates, allowing for customization.
3) Technology & Support
 e-signature support
 interface with other systems, currently used by the City of Ukiah, such as Munis Tyler  training support
 maintenance support
 updates and patches schedule
 ongoing software support and help desk
 technical requirements
Templates and Document Generation.

Describe the document generation process.
 Can templates be customized?
 Can the documents be locked to prevent changes?
 Can any portion of templates be locked to prevent changes to specific clauses?

2 Electronic mail.

Does the system have email capabilities? Can documents be sent to individuals who are not registered, users?
Reporting.

Can the system collect information and provide a performance report based on preestablished metrics? What type of reporting can it provide? Please provide us with visual examples of the types of documents and reports that can be generated.

Licensing Options.

What are the licensing options? Are there tiers for enterprise licenses? What is the structure?
Technical Requirements
What are the technical requirements for the implementation of the system? What additional investment or equipment is necessary to ensure the system's successful performance?
Data Recycling.

Where does data go after the term of the agreement? Explain the recycling process for data information.

Maintenance of Software.

How often is software maintenance required?
4) Q & A

Exhibit A
Order Form
NEOGOV Customer:

Governmentjobs.com, Inc. (dba "NEOGOV")
2120 Park Pl, Suite 100
El Segundo, CA 90245
United States
[email protected]
Sales Rep: Alan Paul
Ukiah, City of (CA)
300 Seminary Avenue
Ukiah, CA 95482
USA
Quote Valid From: 7/31/2023 Quote Number: Q-11891
Quote Valid To: 12/8/2023 PaymentTerms: Annual,Net 30
Subscription Term in Months: 42
Employee Count: 220
Order Summary
Pro-Rated Term Incentive Applied to
Bundle Rate ProRated to align renewal with existing NEOGOV System Service Description Start Date End Date Term Price (USD) eForms Subscription 12/11/2023 6/9/2024 $2,808.82
Pro-Rated Term Incentive Applied to Bundle Rate TOTAL: $2,808.82 Year 1 Incentive Applied to Bundle Rate
Service Description Start Date End Date Term Price (USD) eForms Subscription 6/10/2024 6/9/2025 $5,648.50
Payroll Subscription 6/10/2024 6/9/2025 $8,991.00
Time & Attendance Subscription 6/10/2024 6/9/2025 $8,991.00 Core HR Subscription 6/10/2024 6/9/2025 $11,588.50
Payroll Services Subscription 6/10/2024 6/9/2025 $11,440.00 Benefits Subscription 6/10/2024 6/9/2025 $3,996.00
Year 1 Incentive Applied to Bundle Rate TOTAL: $50,655.00 ATTACHMENT 3

Year 2 reduced Incentive continued bundle
pricing ProRated to align renewal with existing NEOGOV System Service Description Start Date End Date Term Price (USD) eForms Subscription 6/10/2025 6/9/2026 $8,472.75
Payroll Subscription 6/10/2025 6/9/2026 $13,486.50
Time & Attendance Subscription 6/10/2025 6/9/2026 $13,486.50 Core HR Subscription 6/10/2025 6/9/2026 $17,382.75
Payroll Services Subscription 6/10/2025 6/9/2026 $11,440.00 Benefits Subscription 6/10/2025 6/9/2026 $5,994.00
Year 2 reduced Incentive continued bundle pricing TOTAL: $70,262.50 Year 3 Incentive ends, Bundle rate only ProRated to align renewal with existing NEOGOV System Service Description Start Date End Date Term Price (USD) eForms Subscription 6/10/2026 6/9/2027 $11,861.85
Payroll Subscription 6/10/2026 6/9/2027 $18,881.10
Time & Attendance Subscription 6/10/2026 6/9/2027 $18,881.10 Core HR Subscription 6/10/2026 6/9/2027 $24,335.85
Payroll Services Subscription 6/10/2026 6/9/2027 $12,012.00 Benefits Subscription 6/10/2026 6/9/2027 $8,391.60
Year 3 Incentive ends, Bundle rate only TOTAL: $94,363.50 Year 1 Incentive Applied to Bundle Rate
Service Description Start Date End Date Term Price (USD) eForms Setup $1,800.00
Payroll Setup $21,600.00
Time & Attendance Setup $21,600.00
Core HR Setup $25,200.00
Payroll Services Setup $16,800.00
Benefits Setup $16,800.00
Year 1 Incentive Applied to Bundle Rate TOTAL: $103,800.00 ORDER TOTAL (USD) : $321,889.82

A. Terms and Conditions

1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.

2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties.

3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.

4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.

B. Special Conditions (if any).

1. The North Carolina Sheriffs’ Association (NCSA) invites interested vendors, including Vendors/Certified Representatives to submit responses in accordance with these solicitation documents. The NCSA will serve as the “Contract Administrator” in the solicitation process and the administration of the resulting cooperative purchasing contract.

The purpose of this Solicitation for Bids is to establish a contract between manufacturers and manufacturer’s authorized vendors and the North Carolina Sheriffs’ Association for the purpose of providing current year Technology.

2. Pro-Rated SaaS Subscription Fees and initial setup fee in the amount of $103,800 shall be due net thirty (30) from 12/11/2023. Annual SaaS Subscription Fee invoices shall commence after expiration of the Pro-Rated Term.

3. As an incentive if this order form is signed on or before December 8, 2023, NEOGOV Subscription Fees for
Insight, GovernmentJobs.com and Candidate Text Messaging shall not increase by the greater of 6% or the annual change in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, as published by the Bureau of Labor Statistics of the Department of Labor (http://www.bls.gov/cpi/home.htm)]% from the previous Term for the 2 Renewal Terms of
Insight, GovernmentJobs.com and Candidate Text Messaging after execution of this Agreement. Thereafter, NEOGOV may increase Fees according to the Agreement.

4. Notwithstanding anything to the contrary in the NEOGOV Services Agreement, Customer shall have a one-time right to terminate this Order Form solely in the event that Customer is unable to export general ledger data to Customer's ERP platform in accordance with the

specifications previously provided to NEOGOV. This one-time termination right shall expire on the first export of such data to Customer's ERP platform. "Ukiah, City of (CA)" NEOGOV
Signature:

Customer_DS1
Signature:

Signer_DS2
Print Name:

CustomerName_DS1
Print Name:

SignerName_DS2
Date:

CustomerDate_DS1
Date:

SignerDate_DS2

Agenda Item No: 14.b.

MEETING DATE/TIME: 12/6/2023

ITEM NO: 2023-3229

AGENDA SUMMARY REPORT
SUBJECT: Review and Consider the Fiscal Year 2024-25 Budget Development Schedule.

DEPARTMENT: Finance PREPARED BY:

Dan Buffalo, Finance Director, Olga Keough,
Controller, Mary Horger, Financial Services
Manager, Diana Ramos, Assistant Accountant
PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:

1. 2024-25 Budget Develpment Schedule
Summary: The Council will receive and consider the City's operating and capital budget development and adoption schedule for the 2024-25 fiscal year.

Note: This schedule is flexible and currently in draft. It may be revised as necessary. Council members should review and hold dates/times on their calendar. Council members should also report any potential conflicts to Dan Buffalo, Director of Finance.

Background: California's law requires that an annually-approved appropriation plan be considered for all local governmental entities. Most produce a budget to satisfy that requirement. The City of Ukiah will develop a budget document for the 2024-25 fiscal year built on best practices, focused on clarity, and presented at the highest level of quality per the guidelines of the Government Finance Officers Association.

Discussion: A sound, well-managed budget for a governmental entity is a living document. It is subject to regular review and amendment, is clear and understandable, is scrutinized frequently, and its development thoughtfully planned and executed. The City of Ukiah’s 2024-25 budget will exhibit these characteristics, starting with planning. The attached schedule (Attachment #1) outlines the development process, key dates, and milestones.

This schedule is flexible and currently in draft. It may be revised as necessary. Knowing this going into the process creates the right frame of mind for everyone involved in developing what will be an end product that will be indelibly beneficial to Staff, Council, and the community.

Recommended Action: Receive and consider the City's operating and capital budget development and adoption schedule for the 2024-25 fiscal year.

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
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

ATTACHMENT 1

Agenda Item No: 14.c.

MEETING DATE/TIME: 12/6/2023

ITEM NO: 2023-3223

AGENDA SUMMARY REPORT
SUBJECT: 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), Including Consideration of a New Ad Hoc to Review the Fee Schedule for the Planning and Building Divisions.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Duenas and Various Councilmembers
ATTACHMENTS:

1. City Council Special Assignments rev 8-4-23
Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications.

Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1.

Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities.

In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary.

Staff is requesting an ad hoc be formed to work with the Community Development Department in the updating of the Fee Schedule for the Planning and Building Divisions. A goal of the Fee Schedule update is to achieve appropriate cost recovery while also ensuring equitable fees for services across the board. Because the Fee Schedule has not been revised since January 2020, input and analysis from a Council ad hoc would be valuable in ensuring this goal is achieved.

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s), and consider appointing two Councilmembers to serve on an ad hoc to review the fee schedule for the Planning and Building Divisions.

BUDGET AMENDMENT REQUIRED: No
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
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

2023 CITY COUNCIL SPECIAL ASSIGNEMENTS

LOCAL / UKIAH VALLEY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Broadband Project TBD TBD
Civic Center300 Seminary Ave.Ukiah, CA 95482
to evaluate the Request for Proposal (RFP) for the Internet Service Provider (ISP) for the California's Public Utilities Commission (CPUC) Last mile Broadband.

Orozco Jim Robbins, Grants Manager; 463-6708; [email protected] Investment Oversight Committee Varies
Civic Center300 Seminary Ave.

Ukiah, CA 95482
Civic Center300 Seminary Ave.Ukiah, CA 95482
Reviews City investments, policies, and strategies
Crane
Orozco - AlternateAlan Carter, Treasurer
Dan Buffalo, Director of Finance; 463-6220 [email protected] Disaster Council
Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee.

Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations.

OrozcoDuenas- Alternate
Traci Boyl, City Manager's Office Management Analyst; 467-5720; [email protected] Greater Ukiah Business & Tourism Alliance (GUPTA)
4th Monday of month, 10:00 a.m.
200 S School St.Ukiah, CA 95482
200 S School St.Ukiah, CA 95482
Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area RodinDuenas - Alternate
Shannon Riley, Deputy City Manager;467-5793 [email protected] Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m.

Civic Center300 Seminary Avenueconference room 5
IWPC Staff P.O. Box 1247Ukiah, CA 95482391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion RodinOrozco- Alternate
Sean White, Director of Water Resources; 463-5712 [email protected] North Coast Opportunities (NCO) 4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Governing Board ChairNorth Coast Opportunities413 North State StreetUkiah, CA 95482 Assist low income and disadvantaged people to become self reliant Burgess Jake Burgess, Community Services Supervisor; 463-6201
[email protected]
Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Duenas Neil Davis - Alternate David Burton, Museum Director; 467-2836 [email protected] Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m.

Board of Supervisors Chambers; 501 Low
Gap RoadUkiah, CA
County Executive Office501 Low Gap Rd., Rm. 1010Ukiah, CA 95482463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin CraneDuenas - Alternate
Sean White, Director of Water Resources; 463-5712 [email protected]

MENDOCINO COUNTY MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission (Mayor - Primary; Vice Mayor - Alternate) Mayor Rodin Vice Mayor Duenas - Alternate Kristine Lawler, City Clerk; 463-6217 [email protected] Economic Development & Financing Corporation (EDFC)
2nd Thursday of month, 2:00 p.m.

Primarily 631 S. Orchard Street (location varies)
Executive Director631 South Orchard AvenueUkiah, CA 95482467-5953 Multi-agency co-op for economic development and business loan program Riley(appointed 12/19/18)
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Library Advisory Board
3rd Wednesdays of alternate months; 1:00 p.m.

Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Duenas Rodin - Alternate Kristine Lawler, City Clerk; 463-6217; [email protected] Mendocino County 1st District Liaison Monthly; TBD
Civic Center Annexconference room #5411 West Clay St.Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the City's 1st District Supervisor RodinCrane - Alternate
Sage Sangiacomo, City Manager;
463-6221; [email protected]
Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m.

Civic Center Annexconference room #5411 West Clay St.Ukiah, CA 95482 Civic Center300 Seminary Ave.Ukiah, CA 95482
To coordinate activities and policy development with the County's 2nd District Supervisor RodinDuenas - Alternate
Shannon Riley, Deputy City Manager;
467-5793 [email protected]
Mendocino Council of Governments (MCOG)
1st Monday of month, 1:30 p.m.

Board of Supervisors Chambers501 Low Gap RoadUkiah, CA
Executive Director
367 N. State Street, Ste. 206 Ukiah, CA 95482463-1859
Plan and allocate State funding, transportation, infrastructure and project County wide DuenasSher - Alternate
Tim Eriksen, Public Works Director/City
Engineer; 463-6280 [email protected]
Mendocino County Airport Land Use Commission As needed
BOS Conference Room501 Low Gap Rd., Rm. 1090,Ukiah, CA
Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Liaisons: Owen/Schlatter
Greg Owen, Airport Manager; 467-2855;
[email protected] Schlatter, Director of Community Development; 463-6219; [email protected] Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m. Board of Supervisors Chambers Executive Director
200 S. School Street, Ste. 2Ukiah, CA 95482463-4470
Required by legislation - planning spheres of influence, annexation, service areas, and special districts RodinCrane - Desired Alternate if
appointment becomes available with City Selection Committee Craig Schlatter, Director of Community Development; 463-6219; [email protected] 6/23/2023
ATTACHMENT 1