Agenda packet — Ukiah City Council, October 2, 2024 (part 2 of 4)

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(“Proposition 218”) for property-related fees charged for the services of the Combined Water System or any Sewer System, which rates shall be adopted with the same notice and right to object or protest provided to City and District ratepayers except as the law may otherwise require; 3. Such rates may be adopted as to zones which reflect the boundary of a Party (a “Rate Zone”). In order to create a Rate Zone, and notwithstanding Section 5(C)(1), every voting member of a Party creating a Rate Zone for that Party must vote in a regular meeting of the Water Executive Committee to authorize the creation of a Rate Zone; provided, however. that any such rate in a Rate Zone so created shall neither exceed the reasonable cost of service provided to any such Rate Zone nor require ratepayers outside the Rate Zone to subsidize the cost of service inside the Rate Zone. To the extent rates cannot cover the cost of service in a Rate Zone, the difference mut be covered by grants, discretionary revenues, or other non-rate revenues. In particular, and without narrowing the foregoing, the Water Executive Committee’s ratemaking in compliance with Proposition 218 and other law shall account for assets each Party brings to this Agreement as depicted in Exhibit A and will not charge that Party’s customers to recreate the remaining utility of those assets;

4. To establish connection and/or capacity fees for the temporary or permanent connection of residential, commercial, and industrial users to the Combined Water System or any Sewer System except as the law may otherwise require;

5. To establish any other taxes, assessments, fees, or charges reasonably necessary to provide the Services, including fees for permits or inspections, provided that all such fees shall comply with this Agreement and applicable provisions of Proposition 218 and California Constitution, Article XIII C, section 1, subdivision (e) (“Proposition 26”), and other applicable law;

6. To adopt ordinances and regulations enforceable within the jurisdictional boundaries of each Party governing the Combined Water System or any Sewer System and service to its users as required, and to the extent authorized, by law as necessary to provide the Services. The Parties shall collaborate to avoid conflicts or inconsistencies between ordinances or regulations adopted by a Party and ordinances or regulations adopted by the Water Executive Committee pursuant to this Agreement. No Party shall have any duty to enforce an ordinance or regulation other than its own;

7. To maximize the availability of water to meet the collective needs of the Parties within the boundaries of each Party through the use of the collective water rights and supplies of each Party, subject to the terms and conditions of Section 12 of this Agreement; and

8. To accept grants, loans, and subventions which the Water Executive Committee shall appropriate consistently with the terms of those grants, loans, and subventions; applicable law, and the goal of this Agreement as reflected in the Recitals above.

B. AUTHORITIES, RIGHTS, AND ENTITLEMENTS RETAINED BY THE PARTIES AND THEIR CUSTOMERS.

1. Notwithstanding the foregoing, the Parties retain all their respective authorities to the extent the exercise of those authorities does not directly conflict with the duties and authorities granted to the Water Executive Committee. No Party shall exercise its authorities in a way that directly contravenes the purposes of this Agreement.

2. All customers of the Parties, including agricultural customers, either before, after or absent consolidation or merger into the Combined Water System, shall have the same right and entitlement to water supplies and service that they enjoyed before the effective date of this Agreement, without discrimination or limitation. This reflects, but is not intended to alter, the legal principle that acquisition of a water supply on which users rely is subject to a duty to continue to serve them. (E.g., Durant v. City of Beverly Hills (1940) 39 Cal.App.2d 133.)

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Section 7. KEY MANAGEMENT SERVICES.

The City shall provide the Services described in this Section 7 commencing on the Services Start Date.

To provide the Services described herein, the City shall hire all the Districts’ respective employees with a start date of no earlier than the Service Start Date. The employees of the Districts who wish to continue employment and the bargaining unit of the City to which each will be assigned are identified in Exhibit C to this Agreement.

The City hereby waives the right to subject these new employees to probationary periods. Those employees’ rights vis-à-vis the City will otherwise be governed by the City’s collective bargaining agreements with its bargaining units; its current policies, procedures, and ordinances; and applicable law. The management and personnel services identified in Subsections A and B below (“Key Management Services”) shall be provided by the City in accordance with this Agreement. All references to the Water Executive Committee and the Combined Water System shall include any Sewer System.

A. OPERATION AND MAINTENANCE OF THE COMBINED WATER SYSTEM. 1. Other than duties and obligations of the Water Executive Committee, and in consultation with the Water Executive Committee, the City shall provide general administration, operation, and oversight of UVWA all in accordance with this Agreement, applicable statutes, regulations, and applicable ordinances, adopted by the Water Executive Committee consistently with this Agreement. The following are examples of activities and deliverables the City shall provide in performing under this Agreement:
a. Read the meters in the service area;
b. Perform all necessary sampling, including for purposes of water quality; c. Complete all required and routine reports;
d. Respond to all service calls;
e. Schedule a minimum of one on-call service personnel to respond to all after-hours and weekend calls in all service areas covered by this Agreement and/or any contract authorized under this Agreement; and
f. Any other levels of service as requested by the Water Executive Committee and funded in the annual budget.

2. Other than duties and obligations of the Water Executive Committee, and in consultation with the Water Executive Committee, the City may exercise on behalf of the Parties the following powers, and any other powers exercised by a general law city, as needed to perform under Section 7.A.1:
a. To manage, operate, maintain, and repair the Combined Water System, including any buildings, works or improvements comprising part of the systems and located either inside or outside the boundaries of the Parties, in accordance with sound engineering and accounting practices and with all applicable local, state, and federal laws and regulations; provided that the City and UVWA need not enforce any local ordinances but their own; b. To implement the budgets approved by the Water Executive Committee. c. The City cannot increase the total amount of the approved expenditure budget without prior approval of the Water Executive Committee, except as: (i) warranted for an urgent and/or emergency provision of water or sewer service which shall be reported to the Water Executive Committee before its next regular meeting following the expenditure of the funds; or (ii) to services within the City to be funded by rates levied for those services or other City revenues;
d. To contract for the provision of personal or professional services in connection with providing Services;
e. To enforce ordinances and regulations of the Combined Water System for the Parties and UVWA, including the use of the Combined Water System;

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f. To bill for and collect revenue measures established under this Agreement, including the authority of a general law city to terminate water service or other utility services contained in the same bill for nonpayment in accordance with the Public Utilities Code; g. To allocate and assign water rights and water supplies of each Party within the boundaries of the Parties, as necessary for the efficient and cost-effective supply of water to the customers of the Parties, subject to the terms and conditions of Section 12 of this Agreement. h. With the approval of the Water Executive Committee and at City’s sole election, to use any statutory power available to the City under the JEP Act and any other applicable laws, whether heretofore or hereinafter enacted or amended, for issuance and sale of any revenue bonds or other evidences of indebtedness necessary or desirable to finance the exercise of any Services of the City under Section 7, and to borrow from any source including, without limitation, the federal or state governments, for these purposes:

1. To contract for the provision of personal or professional services in connection with providing the Services for the Parties;

2. To contract for the installation or construction of capital improvements to the Combined Water System;

3. To acquire, lease, hold, and dispose of such equipment as may be reasonably necessary or appropriate to the proper operation, maintenance, administration, and management of the Combined Water System or the provision of Services;

4. To file reports associated with the operation, maintenance, administration and management of the Combined Water System and the provision of Services;

5. To implement all requirements of laws and ordinances, applicable to the provision of Services, including, but not limited to, permitting, inspections, monitoring, reporting, and enforcement activities; and

6. To provide City staff or contractors to support UVWA or the Parties in performing functions and responsibilities as requested by the Water Executive Committee.

B. FINANCIAL AND GENERAL SERVICES. 1. The City agrees to provide the Services to UVWA and the Parties for the term of the Agreement, including accounts payable, procurement, billing and accounts receivable, general accounting and reporting, budget development and monitoring, and other general services such as human resources and city clerk services as the City reasonably deems necessary to provide the Services at the level requested by the Water Executive Committee and as can be funded by the budget approved by the Water Executive Committee.

2. The City will perform these services pursuant to any applicable state and federal law and pursuant to City policies and regulations, unless the City and the Water Executive Committee otherwise agree in writing. The City shall perform procurement, contracting and personnel services in accordance with laws applicable to California cities, including, but not limited to, the Uniform Construction Cost Accounting Act. The City is not performing these services as the Parties’ agent, but as a service provider, and the Parties agree that the City does not assume a fiduciary duty to the Parties in the performance of these financial and general services. Nor need the City provide Services beyond what can be funded by the budget approved by the Water Executive Committee.

3. The Parties shall compensate the City for the Services consistently with the annual budget approved by the Water Executive Committee. The City shall have the right to withhold performance of a particular level of service if it considers the funding in an approved budget insufficient to cover the City’s cost in providing that level of service; provided, however, that nothing in this sentence detracts from the City’s obligation to maintain service as provided in Section 6.A.7 of this Agreement.

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4. The City’s cost to provide the Services includes indirect costs, such as general administration and overhead. Unless the City and the Water Executive Committee agree otherwise in writing, the City shall charge indirect costs of the Services consistently with Exhibit B.

Section 8. MUTUAL COOPERATION.

A. OUT OF AREA SERVICE AGREEMENT (“OASA”). The City may prepare OASAs on the recommendation of the Water Executive Committee to serve areas outside the boundaries of the Parties but within the City’s sphere of influence, where development could occur with the provision of water services. The City shall submit such OASAs to the Water Executive Committee for review and approval before filing with LAFCo.

This Agreement and any OASA-related tax sharing agreement with Mendocino County shall be attached to and incorporated by reference into any OASA submitted to LAFCo under this Agreement.

B. As long as this Agreement remains in effect and the Parties comply with Sections 8 and 10.B, the City agrees that it will not apply to LAFCo for detachment of District Parties’ territory from the Districts’ boundaries when that territory is annexed to the City unless and until all of the territory of a District is annexed to the City.

C. The Districts agree to support City Annexations and to work cooperatively with the City regarding revisions to the City’s General Plan, Municipal Service Review (“MSR”) and Sphere of Influence (“SOI”) necessary or advisable to enable City Annexations and not to propose or seek LAFCo approval for or support proposed provisions in a District’s MSR or SOI that would inhibit, conflict with, or prevent such City Annexations and/or reorganizations, as described in this Agreement.

D. Pursuant to Government Code Section 57105 or other applicable provisions of state law, the Districts will support LAFCo either designating a District as a subsidiary district of the City or merger of a District with the City at such time as 70% or more of registered voters in a District are within the City limits and 70% of the area of land within a District is within the City’s jurisdictional boundaries or when those reorganizations are otherwise authorized by state law.

E. The Districts will support and cooperate with the City in seeking legislation to amend the Cortese-KnoxHertzberg Local Government Reorganization Act of 2000 (“CKH Act”) to authorize merger of a District with the City or the establishment of a District as a subsidiary district of the City when 70% or more of registered voters in a District are within the City limits without regard to the area of a District’s land that is within the City.

Section 9. SERVICES TO OTHER AGENCIES.

The Water Executive Committee may recommend that the City provide water services to agencies not party to this Agreement. Such services may be provided with the concurrence of all Parties and upon execution of an amendment to this Agreement by all Parties or upon execution of a contract authorized by all Parties. The charges for such services shall be determined by the Water Executive Committee in accordance with the budget provisions of this Agreement. The City retains the power to provide services to other agencies on terms of its choosing provided that its doing so does not impair its ability to provide the Services.

Section 10. WITHDRAWAL; TERMINATION.

A. A Party may withdraw from this Agreement with a July 1st effective date on 90 days’ notice to the Water Executive Committee and all Parties. Such withdrawing Party shall perform all obligations under this Agreement until the agreed upon date of withdrawal. A withdrawing Party shall remain obligated to

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perform obligations, including financial obligations, arising before the withdrawal date, even after the date of withdrawal.

B. Upon withdrawal from UVWA, a departing Party shall regain control of, and responsibility for, its Water System as it existed as of the Effective Date, to the extent feasible. The Parties acknowledge that a Party’s Water System as of a withdrawal date may differ from that in existence on the Effective Date. Any infrastructure, such as tanks, pipes, pumps, treatment facilities, and water rights, that UVWA uses only to serve that Party shall be the withdrawing Party’s property as of the withdrawal date. If any infrastructure serves more than one Party, the withdrawing Party shall recover ownership and control of that infrastructure upon agreement of the other Party or Parties it serves, but will remain obligated to serve all customers of other Parties served by such infrastructure and water supplies at the time of withdrawal, with appropriate compensation paid by UVWA or the Part(ies) benefitted by such service. Absent such agreement, infrastructure serving more than one Party shall remain part of the Combined Water System and operated by the City until the Parties served by that infrastructure reach an agreement or the dispute is resolved pursuant to Section 20 of this Agreement or otherwise.

C. In negotiating the disposition of infrastructure which serves more than one Party, these general principles shall inform discussion:

1. The primary obligation shall be to provide uninterrupted service to all customers of the Combined Water System.

2. All other things being equal, a withdrawing Party should resume possession and control of infrastructure which was part of its Water System on the Effective Date.

3. Any infrastructure acquired, constructed, or improved with grant or other funds available only by virtue of this Agreement should not be separated from the Combined Water System unless it is necessary to do so to allow a Party to withdraw and will allow both uninterrupted service to all customers of the Combined Water System and compliance with grant, loan, and other conditions on the use of the infrastructure.

Section 11. DISSOLUTION/REORGANIZATION.

A. The Agreement shall terminate if the number of parties to this Agreement becomes less than two, or if the Parties unanimously agree to terminate it. If the Parties have accumulated any assets relating to the shared management of water services before termination, such assets shall be distributed among the Parties in proportion to their respective contributions, unless the Parties agree otherwise. Any dispute as to the disposition of such assets shall be resolved as provided in Section 20 of this Agreement.

B. The CKH Act shall govern any change of organization or reorganization of a District. This Agreement is intended to allow for the administration and operation of a Combined Water System on behalf of the Parties, until:
i. City annexations result in 70% of a District’s territory and 70% of the registered voters of a District being within the City’s limits; or
ii. satisfaction of other provisions of the CKH Act or other provisions of state law authorize a merger of the District with the City or establishing the District as a subsidiary district of the City; in which event this Agreement will be deemed to be the affected Parties’ joint request to LAFCO, pursuant to Government Code Sections 56078 and 57105, to either merge the District with the City or establish the District as a subsidiary district of the City with the City Council serving as the Board of Directors of the District.

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C. If any of the Parties to this Agreement receives grant funding of $1,000,000 or more to develop capital assets to serve more than one of those Parties, the City shall apply to LAFCO to combine the Parties to benefit from the capital asset into a new or existing public entity to own and operate that asset, if and as required by the terms of the grant. If the Cortese-Knox-Hertzberg Act does not authorize the City to make the application, the City shall invite LAFCO to exercise its own authority to initiate the change of organization. Each of the Parties to this Agreement agrees to support such a change of organization and, by making this Agreement, authorizes the City to propose such changes of organization on its behalf.

Section 12. TRANSFER, MODIFICATION, AND USE OF WATER RIGHTS.

To achieve the goal of applying and using the water rights of all Parties collectively to serve the customers of all Parties, and the eventual customers of the Combined Water System, without limit or restriction, and in recognition of the eventual need to operate, maintain, and administer the Parties’ water resources and transmission and treatment systems as a Combined Water System, the Parties agree to the following:

A. Within 60 days of the execution of this Agreement, each Party shall identify and disclose (1) all water rights it currently holds and uses, (2) how it must modify or amend the water rights to allow a Combined Water System to use the water rights, (3) to the extent possible, the process and procedure each Party must undertake to allow a different entity to use of the water rights as part of a Combined Water System, including any necessary approvals, and (4) a plan and estimated time period to modify and transfer such water rights.

B. The Parties shall take any and all actions which are necessary and appropriate to modify, amend or transfer the water rights of the Parties to UVWA, the City, or other entity that will own or operate the Combined Water System, for the collective use of such water rights within the service areas of all Parties, if possible. Each Party shall support and cooperate with the other Parties to effectuate the modification, amendment to, or transfer of, its water rights, including, but not limited to, granting approvals, signing agreements, meeting and working with local and state officials and regulators, responding to and defending against protests, objections, and legal challenges to the modification, amendment, or transfer of water rights, and the Parties agree to separately or collectively conduct and support any required environmental review in support of the modification, amendment to, or transfer of, the water rights of the Parties.

C. While the Parties are undertaking efforts to modify, amend, or transfer their water rights, each Party will, as necessary to effectuate the purpose of this Agreement and to the extent feasible, allow its water rights to be used collectively, even if on a temporary or short-term basis, by the Combined Water System. Each Party, however, will still have the primary right and authority to continue to use its respective water rights within its current service areas and for the benefit of its current customers, up to the time that the rights are transferred to, or obtained for the benefit of, the Combined Water System.

D. The Parties agree to initiate, fund, and pursue all efforts necessary to modify, amend, or transfer the water rights of the Parties for use in the Combined Water System, but UVWA and all Parties will ultimately be responsible for costs, expenses and fees associated with and arising out of such efforts, and the Parties will have the right to seek reimbursement from UVWA for recovery of such costs, expenses, and fees.

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E. If a Party withdraws from this Agreement, the Agreement is terminated, or the Combined Water System ceases to function or exist, the affected Party or Parties will retain all of its or their water rights, or if necessary the rights shall revert to the original right holder, and the Parties will take any and all actions which are necessary and appropriate and shall support and cooperate with the other Parties to return or restore the water rights to the Party that formerly held such rights. The water rights of a withdrawing Party shall remain dedicated and committed to the Combined Water System until the later of the withdrawal date or the date those rights may be lawfully used by the withdrawing Party alone.

F. Notwithstanding any other provision of this Agreement, the Parties agree, represent, and confirm that they will endeavor to and will take any and all reasonable and necessary steps to ensure that the customers of each Party will continue to receive a clean, safe, and reliable water supply at all times, without delay or disruption.

G. Notwithstanding the foregoing, this Agreement does not and shall not be interpreted to authorize or require the use of a water right or related asset other than as permitted by law, nor shall this Agreement require or authorize any act in contravention of any third-party rights, to the extent any of the water rights or other assets of the Parties are subject to liens for debt and other such claims.

Section 13. AMENDMENT TO AGREEMENT.

The Water Executive Committee may recommend an amendment to this Agreement. This Agreement may only be amended by approval of all the Parties to this Agreement. The Water Executive Committee shall forward a proposed amendment with its recommendation to the legislative body of each Party. The proposal shall be adopted, properly executed, and returned to the Water Executive Committee if the Party approves the amendment.

This Section 13 shall not prevent the Parties from adopting an amendment to this Agreement that is not recommended by the Water Executive Committee.

Section 14. ADDITIONAL PARTIES TO THE AGREEMENT.

A public agency, as that term is defined in the JEP Act (Government Code section 6500), located in Mendocino County may become a Party to this Agreement upon:

1. Its approval by written resolution and execution of this Agreement as required by law, and

2. Approval of the Water Executive Committee by written resolution.

Exhibit D to this Agreement shall reflect the public agencies which are a Party to this Agreement and shall be updated as appropriate to reflect current membership.

Section 15. NOTICES.

Whenever notice or other communication is permitted or required by this Agreement, it shall be deemed given when (i) personally delivered or (ii) when received, if delivered by overnight courier or email (if email receipt is acknowledged in writing), or (iii) 48 hours after it is deposited in the United States mail with proper first-class postage affixed thereto and addressed as follows:

To City: City of Ukiah
Attn: Mayor and City Manager
300 Seminary Ave.

Ukiah, CA 95482

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To Millview County Water District: Millview County Water District Attn: Mr. Tim Prince
151 Laws Ave.

Ukiah, CA 95482
To Redwood Valley County Water District: Redwood Valley County Water District Attn: Mr. Adam Gaska
151 Laws Ave.

Ukiah, CA 95482
To Willow County Water District: Willow County Water District Attn: Mr. Gary Nevill
151 Laws Ave.

Ukiah, CA 95482
A Party may change the address and email address to which notices shall be sent by giving notice of the change as provided herein.

Section 16. SEVERABILITY.

Except as otherwise provided in this Section 16, should any part, term, portion, or provision of this Agreement or the application thereof to any person or circumstances be in conflict with any state or federal law, or otherwise be rendered unenforceable or ineffectual, including by amendment or repeal of a statute, the validity of the remaining parts, terms, portions or provisions, or the application thereof to other persons or circumstances shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to continue to constitute the Agreement that the Parties intended to enter into in the first instance. The City’s promise to provide Services is dependent on and not severable from the validity and enforceability of Sections 7, 8 and 10.B.

Section 17. HOLD HARMLESS AND INDEMNITY.

To the fullest extent permitted by law, each of UVWA and the Parties (the “Indemnifying Party”) agrees to save, indemnify, defend and hold harmless UVWA and each other Party and its officers, agents and employees (“Indemnified Parties”) from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged or threatened, including reasonable and actual attorney fees and costs, court costs, interest, defense costs, and expert witness fees, which arise out of, or are in any way attributable in whole or in part to, negligent or intentional acts or omissions of an Indemnifying Party or its employees except such losses as arise from the sole negligence or intentional act of an Indemnified Party.

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Section 18. LEGAL REPRESENTATION AND ADVICE.

In the course of performing this Agreement, each Party shall seek legal advice from its own counsel. If a legal matter or issue relates to two or more Parties where the Parties involved will benefit from joint representation, the Parties may choose to be represented by the same legal counsel so long as no conflict of interest arises by such representation and the representation is permitted by the Rules of Professional Conduct of the California State Bar. In that event, the Parties may agree on an apportionment of costs, if applicable, as allowed by law. Under any circumstances when two or more Parties are represented by the same legal counsel, no Party may bind the others to a settlement agreement without the written consent of the other Parties to be bound.

Section 19. INSURANCE.

A. Each Party shall be responsible for maintaining a program of insurance that shall cover each Party’s indemnification obligations; provided funding is provided in a budget approved by the Water Executive Committee to pay the premiums for said insurance or the Water Executive Committee elects to provide insurance coverage for all Parties. While the City provides the Services pursuant to Section 6 of this Agreement under rates adopted pursuant to Section 5: (i) no District need fund insurance at its own expense and (ii) the Water Executive Committee shall maintain or, at its option, fund directors and officer’s liability coverage for each of the Districts.

B. Without in any way affecting the indemnity herein provided and in addition thereto, unless the Executive Committee provides insurance to cover the Parties, each Party shall secure and maintain throughout the Agreement the following types of insurance:

1. WORKERS’ COMPENSATION. A program of Workers’ Compensation Insurance or a state-approved self-insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons providing services on behalf of each Party and all risks to such persons under this Agreement. This coverage may be waived if a Party’s legislative body certifies that the Party has no employees and does not treat volunteers as employees for worker’s compensation purposes.

2. COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE. This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy or self-insurance shall have combined single limits for bodily injury and property damage of not less than two million dollars ($2,000,000.00). This requirement can be waived by the Water Executive Committee, if the Board of Directors of a District certifies that it has no vehicles and that no non-owned, uninsured vehicles are used on District business.

3. ADDITIONAL NAMED INSURED. All policies, and/or memoranda of coverage, except Workers’ Compensation, shall contain additional endorsements naming each Party and its officers, employees, and agents as additional named insureds with respect to liabilities arising out of each Party’s performance hereunder.

4. POLICIES PRIMARY AND NON-CONTRIBUTORY. All policies required above are to be the primary and non-contributory with any insurance or selfinsurance carried or administered by each Party.

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Section 20. MEDIATION AND DISPUTE RESOLUTION.

A. Except as otherwise provided in Sections 10.B and 11.A, if (1) any dispute arises at any time between or among the Parties regarding interpretation or implementation of this Agreement that does not concern a decision of the Water Executive Committee, or (2) if a minority of members of the Water Executive Committee file a written appeal with the Water Executive Committee within 14 days of a decision or action of the Water Executive Committee, or (3) if one or more Parties fails or refuses to follow the order or direction of the Water Executive Committee or breaches this Agreement, the Parties will, in the first instance, attempt in good faith to meet to discuss and informally resolve the dispute through their representatives or their designees. The Parties must give written notice of the existence and subject of a dispute, which notice shall commence the dispute resolution process of this Agreement.

B. If, within 30 days of service of notice of a dispute, the Parties cannot resolve the disputed issue through informal mediation, unless extended by mutual agreement of all Parties, the matter shall be submitted to JAMS, or a comparable mediation service, or a mutually agreeable mediator, for formal mediation by a single mediator who should have technical or legal expertise or experience with water resources and supplies, utility services, or local government agencies. The mediator will be selected by unanimous consent of the Parties, but if unanimous consent cannot be obtained, the mediator will be selected at random from a list of mediators maintained by the Water Executive Committee based on the qualifications set forth in this paragraph.

C. Any Party may commence formal mediation by providing to the mediator and the other Parties a written request for mediation, setting forth the subject of the dispute and the relief requested. If the formal mediation process has not concluded or has not resolved the dispute within 60 days of a written request for mediation, the mediation process will be deemed completed, unless the Parties extend the 60-day period in writing.

D. If the dispute is not resolved by informal or formal mediation, each Party will be free to pursue whatever legal or equitable remedies may be available. No Party shall be permitted to file a legal action without first complying with the requirements of this Section 20. This provision shall not waive or otherwise affect the applicable provisions of law governing claims against a public entity or the applicable statutes of limitation.

E. The fees and expenses incurred as a result of any dispute resolution activities, including attorney fees, mediator fees and costs, expert costs, and other expenses, shall be borne solely by the Parties involved in the dispute and participating in the mediation. The Parties involved in the dispute will share the mediator’s expenses on an equal basis. No Party shall be deemed the prevailing party for purposes of recovery of fees, costs, or expenses.

Section 21. ADDITIONAL DOCUMENTS AND AGREEMENTS.

The Parties agree to cooperate in the execution of any additional documents or agreements that may be required to carry out the terms of this Agreement.

Section 22. SUCCESSORS.

This Agreement shall bind and inure to the benefit of all successors and assigns of the Parties and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively.

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Section 23. WARRANTY OF LEGAL AUTHORITY.

The Parties’ Legislative Bodies have each authorized execution of this Agreement, as evidenced by the signatures below. Those who sign below warrant for the benefit of the Parties for which they do not sign that they have actual authority to execute this Agreement and to bind to it the Party for which they sign.

Section 24. ASSIGNMENT / DELEGATION.

No Party shall assign, sublet, or transfer any interest in this Agreement or any duty hereunder without written consent of the other Parties, and no assignment shall be of any force or effect whatsoever unless and until the other Parties shall have so consented.

Section 25. NO THIRD-PARTY BENEFICIARY.

This Agreement is only for the benefit of UVWA and the Parties as municipal or public entities and shall not be construed or deemed to operate as an agreement for the benefit of any third party and no third party shall have any right of action or obtain any right to benefits or position of any kind by reason of this Agreement.

Section 26. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Section 27. AGREEMENT CONTROLLING.

In the event of a conflict between the text of this Agreement and any attachment to it, the text shall prevail.

Section 28. ENTIRE AGREEMENT; COUNTERPARTS.

This Agreement, including its attachments, is intended both as the final expression of the Agreement among the Parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. This Agreement may be transmitted electronically and executed in counterparts, each such executed electronic copy shall be admissible for any purpose and in any judicial or administrative proceeding as evidence of the agreement between the Parties. Signatures may be exchanged by emailed pdf or other electronic form with the same force as original signatures.

Section 29. EXHIBITS.

All exhibits to which reference is made are incorporated into this Agreement as though fully set forth at length, whether or not actually attached.

IN WITNESS THEREOF, the Parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized as of the day and year first above written.

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CITY OF UKIAH
Approved to Form:

City Attorney
Attest:

By:
____________________, Mayor
Kristine Lawler, City Clerk

MILLVIEW COUNTY WATER DISTRICT
By: ____________________, Board President
Approved to Form:

District Counsel
Attest:

District Secretary

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REDWOOD VALLEY COUNTY WATER DISTRICT
By: ____________________, Board President
Approved to Form:

District Counsel
Attest:

District Secretary

WILLOW COUNTY WATER DISTRICT
By: ____________________, Board President
Approved to Form:

District Counsel
Attest:

District Secretary
Exhibits
A: Each Party’s Water System
B: Ukiah’s cost allocation plan
C: District Employees to be hired by City and Bargaining Units to which they are to be assigned D: List of Parties and Date of Execution or Withdrawal
E: Description of Parties’ Respective Sewer Systems

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Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT A:

PARTY’S WATER SYSTEMS

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Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT B:

UKIAH’S COST ALLOCATION PLAN

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Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT C:

WILLOW COUNTY WATER DISTRICT EMPLOYEES
AND

CITY OF UKIAH BARGAINING UNITS

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Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT D:

LIST OF PARTIES
AND

DATE OF EXECUTION OR WITHDRAWAL

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Amended

AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT
FOR

THE UKIAH VALLEY WATER AUTHORITY
EXHIBIT E:

DESCRIPTION OF PARTIES’ RESPECTIVE

SEWER SYSTEMS

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Exhibit B
City of Ukiah Indirect Cost Allocation Plan
Introduction

PURPOSE OF THE PLAN
The purpose of the City’s Cost Allocation Plan is to identify the total costs of providing specific City services. Why is a separate cost accounting analysis required to do this? Because in almost all organizations—whether in the private or the public sector—the cost of producing goods or delivering services can be classified into two basic categories: direct and indirect costs. “Direct costs” by their nature are usually easy to identify and relate to a specific service. However, this is not the case for “indirect costs.” As such, if we want to know the “total cost” of providing a specific service, then we need to develop an approach—a plan—for reasonably allocating indirect costs to direct cost programs.

What Are Direct and Indirect Costs?
Direct costs are those that can be specifically identified with a particular cost objective, such as street maintenance, police protection and water service. Indirect costs are not readily identifiable with a direct operating program, but rather, are incurred for a joint purpose that benefits more than one cost objective.

Common examples of indirect costs include accounting, purchasing, legal services, personnel administration and building maintenance. Although indirect costs are generally not readily identifiable with direct cost programs, their cost should be included if we want to know the total cost of delivering specific services.

Budgeting and Accounting for Indirect Costs.

Theoretically, all indirect costs could be directly charged to specific cost objectives; however, the cost of doing so and the practical difficulties generally preclude such an approach for organizational and accounting reasons. As such, almost all organizations separately budget and account for direct and indirect costs at some level depending on their financial reporting needs and the complexity of their operations.

Distributing Indirect Costs.

In order to determine the total cost of delivering specific services, some methodology for determining and distributing indirect costs must be developed, and that is the purpose of cost allocation plans: to identify indirect costs and to allocate them to benefiting direct cost programs in a logical, consistent and reasonable manner.

ATTACHMENT 2

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Plan Goal: Reasonable Allocation of Costs.

It is important to stress that the goal of the Cost Allocation Plan is a reasonable allocation of indirect costs, not a “perfect” one. By their very nature, indirect costs are difficult to link with direct costs. As such, in developing an allocation approach, it is important to keep this goal in mind as we balance the cost and of effort of complicated allocation methods with the likely benefits from the end results.

INDIRECT COST ALLOCATION STRATEGIES
There are several ways of allocating indirect costs, including:

Internal Service Funds
Many cities allocate costs through formal internal service funds for services like printing, information technology, fleet maintenance and insurance. Typically, with this approach, the internal service fund provides services to the organization and charges back for departments based on their actual usage of the service and standard per-unit billing rates, like a private company would (except the goal is to break even rather than earn a profit). In this case, for the operating programs, indirect costs become direct costs, as they would if they contracted out for the service.

While this approach can result in added accounting costs to develop internal billing rates and track actual usage, it has the advantage of encouraging more efficient use of internal services by allocating costs based on actual usage, setting aside funds for long-term capital replacement needs (or in the case of insurance, adequate reserves) and helping measure performance.

As shown in the side bar, the City uses seven internal service funds to allocate organization-wide support costs.

Payroll Allocations
Some organizations allocate percentages of key support staff to selected funds through direct payroll allocations, such as 15% of the City Manager to the Water Fund or 20% of the Public Works Director to the Wastewater Fund, with direct cost distributions of non-staffing costs via accounts payable where possible.

While this practice is not uncommon, it has some conceptual drawbacks, such as the basis for the percentage allocations. One of the advantages of cost allocation plans is that the basis for the allocation is clear. Even where internal service funds are used, cost allocation plans are still often needed in allocating indirect costs to the internal service funds (so their costs reflect the full cost of providing services to the organization) and in allocating other indirect costs not typically recovered through internal service funds, such as City Manager, City Attorney, City Clerk, Human Resources and Accounting.

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Indirect Rate
Some organizations allocate indirect costs using a standard applied rate. Regardless of the actual indirect costs incurred in any given period, an indirect rate is applied against direct costs to arrive at a simplified allocation. Examples of this type of allocation method are found in the California Uniform Cost Accounting Act.

Cost Allocation Plans
Cost allocation plans provide a clear, consistent and reasonable basis for allocating indirect costs and are intended to allocate actual cost incurred in any given period.

Combination
Some agencies use a combination of approaches. In the City’s case, it uses a combination of internal services funds and a cost allocation plan in distributing indirect costs.

DETERMINING DIRECT AND INDIRECT COSTS
The first step in preparing the City's Cost Allocation Plan is determining direct and indirect costs.

Program costs that primarily provide service to the public are identified as direct costs, whereas the cost of programs that primarily provide services to the organization are identified as indirect costs.

In accordance with generally accepted accounting principles, only operating costs are considered in preparing the Cost Allocation Plan. As such, capital outlay, debt service, interfund transfers and “passthrough” costs are excluded from the calculations. Capital costs are only used to demonstrate the effective indirect rate applied to any one department, division, or fund.

ALLOCATING INDIRECT COSTS
For general purposes, the City-wide indirect cost rate can be used as the basis for allocating indirect costs. The indirect cost rate is simply the ratio between indirect and direct costs, which can be easily computed for the City as a whole once the direct and indirect cost base has been determined. However, a key component to using a cost allocation plan as opposed to a standardized, static indirect rate is to achieve full cost allocation based on actual costs in the period in which the allocation in applied.

CITY-WIDE INDIRECT COST RATE
By applying the overall indirect cost rate to any specific direct cost program, the total cost of the program can be determined. For example, with an effective indirect cost rate of 12.76% the total cost for a direct program of $100,000 in Ukiah would be $112,760.

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BASES OF ALLOCATION
This method of cost allocation assumes that all indirect costs are incurred proportionately to the direct cost of the program. However, this may not be a reasonable assumption in all cases, as the benefit received from certain types of support service programs may be more closely related to another indicator of activity than cost.

For example, if a program service is primarily delivered through contract and does not have any City staffing directly associated with it, distributing human resources costs to it may result in an inequitable allocation of costs. Because of this, the City’s Cost Allocation Plan establishes separate bases of allocation for each major indirect cost category. With this approach, indirect costs can be allocated to each direct cost program in a fair, convenient, and most importantly, consistent manner. Provided in Schedule A (below) is a synopsis of the primary methods of allocation used in distributing indirect costs to direct cost programs.

Some of these costs lend themselves to an easily justified, rational approach of distribution. For example, human resources costs are related to the number of employees serviced. Other costs may not be as intuitive; however, the allocation bases are consistent with generally accepted accounting principles and recognize the concept that the cost of developing the information necessary to perform the cost allocations should not exceed the benefits likely to be gained.

Where there is not otherwise a clear relationship to another allocation base (like authorized staffing or assigned space), allocating costs based on operating budget is the common industry practice, and as such, this approach is used by the City.

INDIRECT COST ALLOCATIONS
A summary of the indirect cost allocations by fund type is provided in the City’s annually adopted operating and capital improvement budget, followed by the detailed allocations for each specific indirect cost program for administrative services and overhead, as well as internal service fund use.

Allocations are updated every fiscal year.

METHOD OF ALLOCATING COSTS
In performing the cost allocations, indirect costs have been allocated to all cost centers using a complex sequential allocation system. Although there are some conceptual difficulties with this approach, the difference in the end result was relatively insignificant. One of the primary purposes of an indirect cost allocation plan is to attempt to gauge total cost of providing services. Administrative and overhead costs centers, as well as internal fund cost centers, incur indirect costs just as their direct cost counterparts do.

As an example, under this system, the cost of the City Manager program would be allocated to the other indirect costs programs and iterative allocations then made to direct cost programs until all indirect costs are distributed. This process can be time consuming but reasonable given the intent of management and the City Council to understand total cost. However, as with the Cost Allocation Plan of

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the last three years, as noted above, the Plan’s goal is a reasonable allocation of indirect costs, not a “perfect” one.

USES OF THE COST ALLOCATION PLAN
By identifying total program costs, the Cost Allocation Plan can be used as an analytical tool in many financial decision-making situations, including:

Reimbursement Transfers.

The Cost Allocation Plan identifies the costs incurred by the General Fund in providing administrative support services to the City's other funds such as enterprise operations and special revenue funds. For example, the City's administrative, legal services, human resources and accounting funds are budgeted and accounted for in the General Fund; these programs provide support services to other City funds.

The Cost Allocation Plan provides a clear methodology for determining this level of support in reimbursing these costs.

General Fund User Charges.

Similar to ensuring that enterprise fund revenues fully recover their costs, the Cost Allocation Plan can also be used to determine appropriate user fees for General Fund services, such as planning applications, building permits and recreation activities, in ensuring that the full cost of services are considered in setting rates.

Labor Rates.

Along with accounting for salary, benefits and paid leave (such as vacation, sick and holidays), “full cost” hourly labor rates can be developed that appropriately include indirect costs.

Contracting-Out for Services.

By identifying total costs, the cost allocation plan can also be helpful in analyzing the costs of contracting for services versus performing services in-house.

Grant Administration.

Under federal cost accounting policies, it is permissible to include indirect costs in accounting for grant programs. By establishing indirect cost rates, the cost allocation plan can be used in recovering the total costs (direct and indirect) associated with implementing grant programs.

PLAN PREPARATION
In a total cost accounting system, indirect costs would be computed and allocated on an ongoing basis throughout the fiscal year based on actual costs. However, frequent updating in municipal finance would not serve any specific purpose—such as unit price control in a manufacturing company—rather, it would consume significant accounting resources. As such, the City’s Cost Allocation Plan is prepared annually based on the budget adopted by the Council. The Plan as included in the budget document is

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meant to serve as a guide as to how the allocation would be applied if actual expenditures occurred exactly as anticipated. That is never the case, however. The Plan provides estimates but actual allocations will be applied based on actual costs using the methods and basis identified in the Plan. It will be applied quarterly and reported in the City’s Quarterly Financial Report.

SUMMARY
The Cost Allocation Plan helps make determining total program costs possible by establishing a reasonable methodology for identifying and allocating indirect costs to direct cost programs. Because of this, the Cost Allocation Plan can be a valuable analytical tool in a number of situations, including establishing fees designed for full cost recovery, reimbursing support service costs provided by the General Fund to other funds, and recovering indirect costs associated with grant programs.

COST ALLOCATION

SCHEDULE A
Administrative and Overhead Basis of Allocation
City Council % of Budgeti
City Manager % of Budget
City-Wide Admin Services % of Budget
Community Outreach/PIO % of Budget
City Clerk % of Budget
Economic Development % of Budget
Emergency Management % of Budget
Disbursements (AP, Payroll) % of Budget
Accounting and Budgeting % of Budget
City Attorney % of Budget
City Treasurer Prior Year Interest Earnings
Human Resources FTEii
Grant Program Management % of Budget
Internal Services
Insurance Liability Risk assessment
Garage Labor and parts
Purchasing Contractual services and supplies
Billing & Collections Billable revenues
Dispatch Call volume
Buildings, Grounds, and Corp Yard Square footage and total budgetiii Information Technology FTE

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Notes:
i
Percent of budget applies to operating budgets only. It refers to the share of each budget unit’s total budget appropriation to the total budget. Appropriations and expenditures related to transfers, debt service, capital, and pass-throughs are not included in the calculation and allocation. ii FTE is Full Time Equivalents. Full-time equivalent (FTE) is a metric that standardizes the workload of employees into a consistent measure, representing the workload of a full-time employee. It calculates the total number of part-time or contract hours worked and expresses them in terms of the number of full-time employees that would be needed to perform the same amount of work. For example, if a full-time employee typically works 40 hours per week, then two employees working 20 hours each would be considered 1 FTE. This allows organizations to compare or aggregate workloads across different employment scenarios and is often used for budgeting, staffing, and financial analysis.
iii Relative to budget units that occupy the Ukiah Civic Center.

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EXHIBIT C
Effective January 1, 2025 (the "Service Start Date"), and in accordance with Section 7 of the Agreement, employees of a District may elect to become employed by the City (“Transferring Employees”). Transferring Employees shall be employed by the City as may be applicable under the terms and conditions of the City' s Collective Bargaining Agreements with Operating Engineers Local 3, Water Utilities and Mechanics Until or other appropriate agreement. Such transfers of employment will follow and comply with the terms and conditions of this Agreement. All Transferring Employees will be subject to the necessary special requirements associated with classification placement, including passing a City-paid physical examination and thorough reference and background check. The following provisions relate to the continuing obligations pertaining to the Transferring Employees:

In accordance with the applicable Collective Bargaining Agreements and Civil Service Rules, the City agrees to treat all employment service with the District as equivalent of service with the City for purposes of employment status, seniority, and benefits relating to wages, hours, and terms and conditions of employment that are associated with seniority with the City. In the event this Agreement is terminated and any employee is transferred back to a District as its sole employer, all employment with the City will be treated by the District as the equivalent of service with the District for the same purposes referenced above.

If a Transferring Employee's base salary being earned at the time of transfer to the City was greater than the top range/control point band for the comparable classification in the City, such employee' s salary shall not be reduced from their District salary, but the employee shall be placed at a retained salary rate until such time as the salary range/ band for the classification with the City meets or exceeds the salary of the employee.

All sick leave and vacation hours accrued by Transferring Employees at the time of transfer to the City shall be transferred with the Transferring Employees. If Transferring Employees are transferred back to a District, all sick leave and vacation hours shall be transferred with the employees.

Transferring Employees will be brought under the City' s self-insured health insurance plan and the City agrees to allow Transferring Employees credit for time served upon retirement from the City.

ATTACHMENT 3
Ukiah Valley Water Authority
Joint Exercise of Powers Agreement

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Agenda Item No: 8.g.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-643

AGENDA SUMMARY REPORT
SUBJECT: Authorize the City Manager to Execute a Municipal Lease Agreement with Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing & Finance, to Finance the Purchase of Equipment on Order in Support of the Inter Facility Transport Agreement Between the Ukiah Valley Fire Authority and Adventist Health Systems West, and Approve Corresponding Resolution and Budget Amendments.

DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:

1. Equipment Purchase Orders

2. City of Ukiah Terms and Conditions

3. City of Ukiah Amortization

4. Draft Resolution - Ambulance Equipment dv edits

5. Draft - Document Package - City of Ukiah
Summary: Council will consider authorizing the City Manager to execute a municipal lease agreement with Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing & Finance, to finance the purchase of equipment on order in support of the Inter Facility Transport Agreement between the Ukiah Valley Fire Authority and Adventist Health Systems West, and approve corresponding resolution and budget amendments.

Background: At the August 7, 2024 meeting, the City Council approved the agreement with Adventist Health Systems West for the Ukiah Valley Fire Authority to provide Inter Facility Transports at three (3) of their facilities. These facilities include Adventist Health-Ukiah Valley, Adventist Health-Howard Memorial, and Adventist Health-Clearlake.

The following equipment was approved by the Council to purchase in order to support this agreement (please refer to Attachment 1 for a copy of the purchase orders issued):
3 Ambulances - $365,432.30 - Redsky Apparatus - Purchase Order 48663 3 Stryker Pro2 Gurneys - $92,845.92 - Stryker Sales - Purchase Order 48670 3 Stryker MTS Power Load Systems - $99,356.16 - Stryker Sales - Purchase Order 48671 3 Stryker Lifepak 15 V4 cardiac monitor/defibrillators - $157,590.32 - Stryker Sales - Purchase Order 48672 Total purchase price of the equipment: $715,224.70
Discussion: The staff reports requesting the equipment purchase approvals included that the funding source would be utilizing our existing line of credit with Umpqua, and paid back by the anticipated revenues from the agreement. Presented here is a copy of the municipal lease draft agreement documents for the Council's approval:

1. City of Ukiah Terms and Conditions - Attachment 2

2. Amortization Schedule - Attachment 3

3. Draft Resolution - Attachment 4

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4. Draft Document Package - Attachment 5
If approved, the agreement will be for five (5) years at an interest rate of 5.32%, with monthly payments of $13,601.19. A documentation fee of $500 per lease schedule/takedown will be payable by the City.

The proposed agreement includes a prepayment option as follows:

Months 1 thru 12: Pay the sum of the outstanding agreement balance plus 3% premium of the outstanding balance.

Months 13 thru 24: Pay the sum of the outstanding agreement balance plus 2% premium of the outstanding balance.

Months 25 thru 36: Pay the sum of the outstanding agreement balance plus 1% premium of the outstanding balance.

After 36 months, the City will have the option to prepay the agreement without a premium.

The first payment will be due on November 1, 2024, and will be programmed into subsequent budget years for the life of the agreement.

Recommended Action: Authorize the City Manager to execute a municipal lease agreement with Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing & Finance, to finance the purchase of equipment on order in support of the Inter Facility Transport Agreement between the Ukiah Valley Fire Authority and Adventist Health Systems West, and approve corresponding resolution and budget amendments.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 71000000.70201 (Loan Principal Payment): $0; 71000000.70103 (Loan Interest Payments): $0
PROPOSED BUDGET AMOUNT: 71000000.70201 (Loan Principal Payment): $74,004.16; 71000000.70103 (Loan Interest Payments): $21,204.19
FINANCING SOURCE: Umpqua Line of Credit
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Purchase Orders 48663, 48670, 48671, and 48672 COORDINATED WITH: Dan Buffalo, Finance Director; Doug Hutchison, Fire Chief DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.

Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $365,432.30
Total Sales Tax
Total Discount
Total Credit $4,000.00
Total Freight
$361,432.30
2025 Page 1 of 2
48663-00

REDSKY FIRE APPARATUS LLC
11366 AMAIGAM WAY STE G
RANCHO CORDOVA CA 95670

CITY OF UKIAH - CORPORATION YD
1320 AIRPORT ROAD
UKIAH CA 95482
Myles Fisette 08/22/2024
FOB UKIAH/N30 FIRE AUTHORITY 0.000
The Above Purchase Order Number Must Appear On
All Correspondence - Packing Sheets And Bills Of
Lading
1 FR CONVERSIONS PIONEER II TYPE II AMBULANCE -
V2772

1.0 EACH $100,430.000 $100,430.00
71021110 - 80100 - V2772 $100,430.00
2 FR CONVERSIONS PIONEER II TYPE II AMBULANCE -
V2773 (-$2,000 MULTI UNIT DISCOUNT)

1.0 EACH $100,430.000 $100,430.00
71021110 - 80100 - V2773 $98,430.00
3 FR CONVERSIONS PIONEER II TYPE II AMBULANCE -
V2774 (-$2,000 MULTI UNIT DISCOUNT)

1.0 EACH $100,430.000 $100,430.00
71021110 - 80100 - V2774 $98,430.00
4 TRANSPORTATION 3.0 EACH $4,250.000 $12,750.00
71021110 - 80100 - V2772 $4,250.00
71021110 - 80100 - V2773 $4,250.00
71021110 - 80100 - V2774 $4,250.00
5 TIRE FEE 12.0 EACH $1.750 $21.00
71021110 - 80100 - V2772 $7.00
71021110 - 80100 - V2773 $7.00
71021110 - 80100 - V2774 $7.00
6 WRAP FR CONVERSIONS PIONEER II TYPE II

AMBULANCE

3.0 EACH $7,650.000 $22,950.00
71021110 - 80100 - V2772 $7,650.00
71021110 - 80100 - V2773 $7,650.00
71021110 - 80100 - V2774 $7,650.00
7 TAX 28421.3 EACH $1.000 $28,421.30
71021110 - 80100 - V2772 $9,473.76
71021110 - 80100 - V2773 $9,473.77
71021110 - 80100 - V2774 $9,473.77
PER REQ # E37964 PER ATTACHED PROPOSAL

S PURCHASED UNDER SAVVIK CONTRACT A
MBULANCE & TRANSPORT VEHICLES #2020-04
APPROVED BY COUNCIL 8/21/24 14.C.

ATTACHMENT 1

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1 GENERALLY. These Terms and Conditions of
Sale (“Terms and Conditions”) apply to all purchases by City of Ukiah. (Referred to as “Buyer”). The supplier of goods and services under this transaction is herein
referred to as “Seller”. The goods or service purchased are referred to as the “Purchase.”

2. TERMS EXCLUSIVE. Buyer will order the goods or
services described herein only upon the terms and
conditions contained herein. Seller’s acceptance of this order shall occur either through commencement of
performance under this order or acknowledgment of this
order. By accepting this order, Seller waives all terms and conditions contained in its quotation, acknowledgment,
invoice or other documents which are different from or
additional to those contained herein and all such different or additional terms and conditions shall be null and void.

SELLER MAY NOT CHANGE MATERIAL OF

MANUFACTURE, SOURCES OF SUPPLY,

MANUFACTURING PROCESS OR LOCATION WITHOUT
THE PRIOR WRITTEN CONSENT OF BUYER.

3. INSPECTION. All goods shall be received subject
to Buyer’s inspection and rejection. Defective goods and goods otherwise not conforming to this order shall be held for Seller’s instruction and at Seller’s risk, and if Seller so directs, shall be returned at Seller’s expense. No defective goods shall be replaced without a new purchase order.

Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any nondefective, excess goods within thirty (30) days of receiving them.

4. CHANGES. City may make changes within the
general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in
writing. If such changes affect the cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made.

No change by Seller is allowed without City’s written
approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.

5. TERMINATION. City may terminate this order at
any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.

6. TIME EXTENSION. Time is of the essence City
may extend the time for completion if, in City’s sole
determination, Seller was delayed because of causes
beyond Seller’s control and without Seller’s fault or
negligence. In the event delay was caused by City,
Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.

7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.

8. TITLE. Title to materials and supplies purchased
under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.

9. PAYMENT. City will pay Seller after receiving
acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order.

10. INDEMNIFICATION. Seller agrees to indemnify
and hold harmless from and against any claim, action,
damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel
satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. This paragraph 9 will survive termination of this order. The requirements as to the types and limits of insurance
coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order,
including, without limitation, to the provisions concerning indemnification.

11. WARRANTY. Seller agrees that the Purchase is
covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.

12. ASSIGNMENT. City may assign this order.

Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.

13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.

14. PERMITS. Seller must procure all necessary
permits and licenses, and abide by all federal, state, and local laws, for performing this order.

15. INDEPENDENT CONTRACTOR. City and Seller
agree that Seller will act as an independent contractor and will have control of all work and the manner in which it is performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees.

Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means the
Seller will follow the direction of the City as to end results of the work only.

16. WAIVER. City’s review or acceptance of, or
payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition
contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained in this order, whether of the same or different character.

17. INTERPRETATION. This Agreement was drafted
in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Mendocino County.

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Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.

Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $92,845.92
Total Sales Tax
Total Discount
Total Credit
Total Freight
$92,845.92
2025 Page 1 of 2
48670-00

STRYKER SALES CORPORATION
1901 ROMENCE RD PARKWAY
PORTAGE MI 49002

Page 283 of 592 ends

SELLER MAY NOT CHANGE MATERIAL OF

MANUFACTURE, SOURCES OF SUPPLY,

MANUFACTURING PROCESS OR LOCATION WITHOUT
THE PRIOR WRITTEN CONSENT OF BUYER.

Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any nondefective, excess goods within thirty (30) days of receiving them.

7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.

12. ASSIGNMENT. City may assign this order.

13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.

14. PERMITS. Seller must procure all necessary
permits and licenses, and abide by all federal, state, and local laws, for performing this order.

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Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.

Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $99,356.16
Total Sales Tax
Total Discount
Total Credit
Total Freight
$99,356.16
2025 Page 1 of 2
48671-00

STRYKER SALES CORPORATION
1901 ROMENCE RD PARKWAY
PORTAGE MI 49002

Page 285 of 592 ends

SELLER MAY NOT CHANGE MATERIAL OF

MANUFACTURE, SOURCES OF SUPPLY,

MANUFACTURING PROCESS OR LOCATION WITHOUT
THE PRIOR WRITTEN CONSENT OF BUYER.

Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any nondefective, excess goods within thirty (30) days of receiving them.

7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.

12. ASSIGNMENT. City may assign this order.

13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.

14. PERMITS. Seller must procure all necessary
permits and licenses, and abide by all federal, state, and local laws, for performing this order.

Page 286 of 592 ends

Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.

Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $157,590.32
Total Sales Tax
Total Discount
Total Credit
Total Freight
$157,590.32
2025 Page 1 of 3
48672-00

STRYKER SALES CORPORATION
1901 ROMENCE RD PARKWAY
PORTAGE MI 49002

CITY OF UKIAH - CORPORATION YD
1320 AIRPORT ROAD
UKIAH CA 95482
800-669-4968 Myles Fisette 09/05/2024
FOB UKIAH/N30 FIRE AUTHORITY 0.000
The Above Purchase Order Number Must Appear On
All Correspondence - Packing Sheets And Bills Of
Lading
1 99577-001957 LIFEPAK 15 V4 MONITOR/DEFIB 3.0 EACH $37,783.260 $113,349.78 71021110 - 80100 $113,349.78
2 41577-000288 LP15 ACCRY SHIPKIT 3.0 EACH $0.000 $0.00 71021110 - 80100 $0.00
3 11577-000004 STATION BATTER CHARGER 3.0 EACH $2,059.830 $6,179.49 71021110 - 80100 $6,179.49
4 11140-000098 LP15 AC POWER ADAPTER 3.0 EACH $1,851.730 $5,555.19 71021110 - 80100 $5,555.19
5 11140-000080 EXTENSION CABLE 3.0 EACH $332.000 $996.00 71021110 - 80100 $996.00
6 11140-000015 AC POWER CORD 3.0 EACH $89.640 $268.92
71021110 - 80100 $268.92
7 21330-001176 LP 15 BATTERY 9.0 EACH $505.440 $4,548.96 71021110 - 80100 $4,548.96
8 11160-000013 NIBP CUFF-REUSABLE CHILD 3.0 EACH $26.520 $79.56 71021110 - 80100 $79.56
9 11160-000017 NIBP CUFF-REUSABLE ADULT 3.0 EACH $37.600 $112.80 71021110 - 80100 $112.80
10 11577-000002 LIFEPAK 15 CARRY CASE 3.0 EACH $360.450 $1,081.35 71021110 - 80100 $1,081.35
11 11220-000028 LIFEPAK 15 CARRY CASE TOP POUCH 3.0 EACH $63.200 $189.60 71021110 - 80100 $189.60
12 11260-000039 LIFEPAK 15 CARRY CASE BACK POUCH 3.0 EACH $91.200 $273.60 71021110 - 80100 $273.60
13 21300-008159 LIFEPAK 15 NIBP STRIAGHT HOSE 3.0 EACH $85.000 $255.00 71021110 - 80100 $255.00
14 11577-000001 LIFEPAK 15 SHOULDER STRAP 3.0 EACH $42.660 $127.98 71021110 - 80100 $127.98
15 MVAO 3.0 EACH $390.150 $1,170.45
71021110 - 80100 $1,170.45

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Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Delivery must be made within
doors of specified destination.

Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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STRYKER SALES CORPORATION
1901 ROMENCE RD PARKWAY
PORTAGE MI 49002

CITY OF UKIAH - CORPORATION YD
1320 AIRPORT ROAD
UKIAH CA 95482
800-669-4968 09/05/2024
FOB UKIAH/N30 FIRE AUTHORITY 0.000
16 MVAIL 3.0 EACH $351.050 $1,053.15
71021110 - 80100 $1,053.15
17 MVA 3.0 EACH $352.750 $1,058.25
71021110 - 80100 $1,058.25
18 11996-000519 LNCS-II RAINBOW DCI 8 3.0 EACH $730.150 $2,190.45 71021110 - 80100 $2,190.45
19 11996-000518 RD RAINBOW ADULT 3.0 EACH $815.150 $2,445.45 71021110 - 80100 $2,445.45
20 11160-000011 NIBP CUFF-REUSABLE INFANT 3.0 EACH $24.000 $72.00 71021110 - 80100 $72.00
21 11160-000019 NIBP CUFF-REUSABLE ADULT XL 3.0 EACH $52.260 $156.78 71021110 - 80100 $156.78
22 FREIGHT 1.0 EACH $3,897.180 $3,897.18
71021110 - 80100 $3,897.18
23 TAX 12528.4 EACH $1.000 $12,528.38
71021110 - 80100 $12,528.38
APPROVED BY COUNCIL 9/4/24 8E PER QUOT
E 10967883 PURCHASED UNDER SAVVIK CONT
RACT MEDICAL EQUIPMENT # 2021-06

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SELLER MAY NOT CHANGE MATERIAL OF

MANUFACTURE, SOURCES OF SUPPLY,

MANUFACTURING PROCESS OR LOCATION WITHOUT
THE PRIOR WRITTEN CONSENT OF BUYER.

Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any nondefective, excess goods within thirty (30) days of receiving them.

7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.

12. ASSIGNMENT. City may assign this order.

13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.

14. PERMITS. Seller must procure all necessary
permits and licenses, and abide by all federal, state, and local laws, for performing this order.

Page 289 of 592 ends

UBELF-LPMUNI-3-7-18 Financial Pacific Leasing, Inc., doing business as Umpqua Bank Equipment Leasing & Finance, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured.

September 27, 2024
Mary Horger
Financial Services Manager
City of Ukiah
411 West Clay Street
Ukiah, CA 95482
Dear Mary:

I am pleased to present the terms and conditions of our Municipal Lease-Purchase Agreement. Upon receipt of invoices, we will create the Lease-Purchase Agreement and forward to you for signature.

Thank you for this opportunity to respond to your needs. We hope that our proposal is both timely and competitive, and we look forward to working with you to successfully fund and close this transaction.

Sincerely,
Bruce Atkinson
Vice President
Phone: (949) 525-7775
[email protected]
ATTACHMENT 2

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UBELF-LPMUNI-3-7-18 Financial Pacific Leasing, Inc., doing business as Umpqua Bank Equipment Leasing & Finance, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured.

Terms and Conditions:

Lessor: Financial Pacific Leasing, Inc., d.b.a. Umpqua Bank Equipment Leasing & Finance, a subsidiary of Umpqua Bank or it’s assigns (“Lessor”) Lessee(s): City of Ukiah
Equipment Financing
Vehicle: Municipal Lease-Purchase Agreement
Equipment & Cost: Anticipated equipment to be:
3 Ambulances - $365,432.30 (Redsky Apparatus)
3 Stryker Pro2 Gurneys - $92,845.92
3 Stryker MTS Power Load Systems - $99,356.16
3 Stryker Lifepak 15 V4 cardiac monitor/defibrillators - $157,590.32 All Equipment shall be satisfactory to Lessor.

Lease Amount: Not to exceed $715,224.70 in the aggregate.

Lease Term: Five (5) years
Payments: Sixty (60) payments, payable monthly in arrears of $13,601.19 Lease Rate: 5.32%.

Tax Benefits: The lease shall be considered a municipal lease/purchase and qualifies for taxexempt status. Lessee shall pay all fees, assessments, sales, use, property and other taxes imposed, except those levied on the net income of Lessor by the United States, the State of California, or other applicable jurisdiction.

End of Lease Options: At the end of the initial lease term, Lessee will have the option to purchase all, but not less than all, of the Equipment for $1.00.

Prepayment Option: For months 1 through 12, Lessee shall have the option to prepay the outstanding Agreement by paying the sum of the outstanding Agreement balance plus a premium of 3% of the outstanding balance. For months 13 through 24, Lessee shall have the option to prepay the outstanding Agreement by paying the sum of the outstanding Agreement balance plus a premium of 2% of the outstanding balance. For months 25 through 36, Lessee shall have the option to prepay the outstanding Agreement by paying the sum of the outstanding Agreement balance plus a premium of 1% of the outstanding balance. After 36 months of the Agreement term, Lessee shall have the option to prepay the Agreement without premium. Lessee shall have the right to exercise the Prepayment Option provided no event of Default shall have occurred and be continuing and any and all fees, taxes and all other charges are current.

Page 291 of 592 ends

UBELF-LPMUNI-3-7-18 Financial Pacific Leasing, Inc., doing business as Umpqua Bank Equipment Leasing & Finance, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured.

Net Lease: All costs of operation, maintenance, taxes, insurance and other affiliated costs will be paid by Lessee as this transaction has been structured as a net lease.

Insurance: Lessee will provide evidence of all-risk physical damage and liability insurance coverage in such amounts and with deductibles all as may be required by Lessor.

In addition, endorsements and assignments of such policies shall name Lessor (and its assigns) as loss payee and/or additional insured, as may be required by Lessor. All insurance coverage shall be from a carrier acceptable to Lessor.

Maintenance: Lessee shall, at its sole cost and expense, maintain the Equipment in compliance with all statutes, laws, ordinances, regulations, standards, and directives (including environmental) by any governmental agency and the Equipment must be maintained in accordance with all manufacturer’s suggested and recommended maintenance procedures including preventive maintenance; and such other maintenance and return conditions as the Lessor may require.

Documentation: All legal matters and all documentation to be executed in connection with the contemplated lease shall be satisfactory in form and substance to Lessor and counsel to Lessor.

Costs & Expenses: Lessee shall be responsible for all fees, costs and disbursements incurred by Lessor in connection therewith, including without limitation, all fees and disbursements of counsel to Lessor (if any), appraisal costs (if any) and all filing and search fees. A documentation fee of $500 per lease schedule/takedown will be payable by Lessee.

Additional Terms
& Conditions:
1) The non-appropriation clause in the lease shall be satisfactory to Lessor. 2) Tax-exempt borrowing for 2023 by Lessee is not reasonably expected to exceed $10,000,000, so it is assumed that, and pricing is based on, the leases being “Bank Qualified” under section 265(b)(3) of the IRS Code. 3) Lessee is a state or political subdivision thereof, within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended. 4) Lessor shall receive an Opinion from Lessee’s counsel stating that the lease qualifies for tax-exempt financing under IRS guidelines and the Opinion must reference #2 and #3 above.
5) Lessee’s counsel shall provide with respect to each lease (i) an opinion that such lease is duly executed and delivered by Lessee and is a legal, valid, and binding obligation of Lessee enforceable in accordance with its terms, and (ii) such other customary opinions for such municipal leases. 6) Customary reporting requirements of Lessee.
7) Lessee shall prepare and file a Form 8028-G as a condition to funding for each lease.

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ATTACHMENT 3

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RESOLUTION 2024-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING PURCHASE

OF AMBULANCE EQUIPMENT AND AUTHORIZING CITY MANAGER TO NEGOTIATE AND

EXECUTE LEASE PURCHASE AGREEMENT AND RELATED DOCUMENTS
WHEREAS:

1. The City has determined to acquire three (3) Lifepak 15 V4 cardiac monitor/defibrillators; three (3) Stryker MTS Power Load Systems; three (3) Stryker Power Pro 2 Gurneys; and three (3) FR Conversions Pioneer II Type II Ambulances ("the Equipment") as an essential component of the City' s Ambulance Enterprise and to support the provision of life and safety protection in the City and in the Ukiah Valley Fire District; and

2. The City Council has determined that acquiring the Equipment under a Master Lease Agreement (" Lease") and accompanying Equipment Schedule ("Schedule") with Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing & Finance ("Umpqua") is in the best interests of the City; and

3. Under the Lease, the City will assign to Umpqua the City' s rights, but not its obligations, to acquire the Equipment and Umpqua will lease the Equipment to the City pursuant to the terms set forth in the Term Sheet, attached hereto as Exhibit A; and

4. The City will be obligated under the Lease and accompanying Schedule with Umpqua to make semi-annual lease payments which will total the purchase price of the Equipment plus interest, provided the City Council appropriates funds each year to make the lease payments; NOW, THEREFORE, BE IT RESOLVED that:

1. The purchase of the Equipment from Redsky Apparatus for the total amount of $365,432.20, including sales tax; from Stryker Sales for the total amount of $92,845.92, including sales tax; from Stryker Sales for the total amount of $99,356.16, including sales tax; and from Stryker Sales for the total amount of $157,590.32 is hereby approved.

2. The City Manager is hereby authorized and directed to negotiate and execute on behalf of the City a Lease, Schedule and related documents that finance the purchase of the Equipment in accordance with the Term Sheet, attached hereto as Exhibit A, subject to legal review by the City Attorney.

PASSED AND ADOPTED this 2nd day of October, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Josephina Dueñas, Mayor
ATTEST:

Kristine Lawler, City Clerk
ATTACHMENT 4

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UBELF- DCL - 8-20-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 1 Date: TBD
Customer: City of Ukiah
Dear Sage Sangiacomo,
Thank you for doing business with Umpqua Bank and our subsidiary, Financial Pacific Leasing, Inc.

Enclosed are the documents requiring your signature for the financing of your equipment. Please sign and date all of the documents where indicated. Please contact your Umpqua Bank Relationship Manager, Umpqua Bank Equipment Leasing & Finance Business Development Officer or your Transaction Coordinator below with any questions.

Prior to paying for any equipment, we will ask you to authorize such payments by signing and returning to us a Funding Request for all disbursements.

Your contract will begin once all documents have been executed and we have made the final payment to the vendor( s). Please be sure you have forwarded the appropriate proof of insurance and any other additional information that has been requested.

An Administrative Fee of $TBD will appear on your first payment invoice.

A copy of the Fee Schedule is available online at www.finpac.com in the Customer Resource Center.

Important Information about Procedures
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person or beneficial owner of a corporation that opens an account.

What this means for you: When you open an account, we will ask for your name, date of birth and the physical address of the business and, if different, the mailing address. We will also ask for a TIN/EIN (this may be your social security number) and other information that will allow us to identify you such as your non-expired driver’s license or other identifying documents.

For your protection and to validate your signature, please provide a legible copy of a driver' s license for each guarantor( s).

Please contact me with any questions.

Sincerely,
Harley Flanagan
Transaction Coordinator I
hflanagan@finpac. com
877-332-9860
DRAFT
ATTACHMENT 5

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UBELF- CO-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 1 Counsel’ s Opinion
Financial Pacific Leasing, Inc. Date:

DBA Umpqua Bank Equipment Leasing & Finance
3455 South 344th Way Suite 300
Federal Way, WA 98001
Re: Municipal Lease- Purchase Agreement dated as of TBD, 20 , between Financial Pacific Leasing, Inc. DBA Umpqua Bank Equipment Leasing & Finance, as LESSOR and City of Ukiah as LESSEE.

Ladies and Gentleman:

As legal counsel for City of Ukiah, (the "LESSEE"), I have examined ( 1) an executed counterpart of a certain Municipal Lease-Purchase Agreement, including the Exhibits attached thereto or forms of Exhibits attached thereto, ( the "Agreement") dated TBD, 20 , by and between Financial Pacific Leasing, Inc. DBA Umpqua Bank Equipment Leasing & Finance, as LESSOR, and City of Ukiah as LESSEE, which among other things, provides for an option to purchase by the LESSEE of certain property ( the "Equipment"), ( 2) an executed counterpart of the resolution of LESSEE which, among other things, authorizes LESSEE to execute the Agreement and ( 3) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions.

Based on the foregoing, I am of the following opinions:
1) LESSEE is a public body corporate and politic, duly organized and existing under laws of the State of California, and has a substantial amount of one or more of the following powers: ( a) the power to tax (b) the power to eminent domain and (c) the police power;
2) LESSEE has the requisite power and authority to lease with an option to purchase the Equipment and to execute, deliver the Municipal Lease-Purchase Agreement and perform its obligations under the Municipal Lease-Purchase Agreement;
3) The Municipal Lease-Purchase Agreement and the other documents either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of LESSEE and the Municipal Lease-Purchase Agreement is a valid and binding obligation of LESSEE enforceable in accordance with its terms;
4) The authorization, approval and execution of the Municipal Lease- Purchase Agreement and all other proceedings of LESSEE relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws; 5) There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Agreement or the security interest of LESSOR or its assigns, as the case may be, in the Equipment.
6) LESSOR, its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest component of Rental Payments are entitled to rely on this opinion.

Cordially,
By: X________________________________
Name: _________________________
Address:

Telephone Number: ___________________
DRAFT

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UBELF- MLA-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 1 MUNICIPAL LEASE- PURCHASE AGREEMENT
013-1374627- 004
THIS MUNICIPAL LEASE-PURCHASE AGREEMENT dated as of TBD (" Lease") is made by and between Financial Pacific Leasing, Inc. DBA Umpqua Bank Equipment Leasing & Finance, having an address at 3455 South 344th Way Ste. 300, Federal Way, WA 98001 (" Lessor"), and City of Ukiah, a municipal corporation existing under the laws of the State of California, with offices located at 300 Seminary Ave, Ukiah, CA 95482 (" Lessee").

1. Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Equipment described in each equipment schedule attached hereto and incorporated by this reference ( each, an "Equipment Schedule"), subject to and upon the terms set forth in this Lease.

2. Definitions. As used in this Lease, the following terms shall have the following meanings and shall be equally applicable to both the singular and the plural forms thereof:

Acceptance Date” means, with respect to Equipment, the date of execution by Lessee of a Certificate of Acceptance for such Equipment.

Equipment" means each item of equipment and other property designated on an Equipment Schedule that will be leased by Lessee pursuant to the Lease, together with all replacement parts, substitutions, additions, attachments, successions and accessories incorporated therein or affixed thereto.

Initial Term” means the period beginning with the Rent Commencement Date and ending at the conclusion of the budget year of Lessee in effect at the Rent Commencement Date.

Lease Documents" means this Lease, any and all Equipment Schedules, Riders and all other documents now or hereafter executed in connection herewith or therewith, as the same may be modified, amended, extended or replaced.

Payment Schedule” means the “ Payment Schedule” attached hereto and incorporated by this reference, setting forth the Rent payments through the duration of the Initial Term and each potential Renewal Term, with the interest and principal components separated.

Purchase Agreement" means any purchase agreement or other contract entered into between a Supplier and Lessee or Lessor for the acquisition of Equipment to be leased or financed hereunder.

Renewal Term” means any period commencing immediately upon the end of the Initial Term or any prior Renewal Term, unless the Lease is terminated as provided herein, each Renewal Term having a duration of one year matching each of Lessee’ s budget years.

Rent" means the periodic rental payments due under the Lease for the leasing of Equipment as set forth on the Payment Schedule and, where the context hereof requires, all such additional amounts as may, from time to time, be payable under any provision of a Lease. The term " Rent" shall include interim rent, if any.

Rent Commencement Date" means, with respect to Equipment ( and unless otherwise indicated on the Payment Schedule), the first day of the calendar month following the date of Lessor' s disbursement of funds for the purchase or financing of such Equipment. Lessor will not disburse funds for the purchase of the Equipment until it receives the executed Certificate of Acceptance from Lessee.

Rent Payment Date" shall have the meaning specified in the Payment Schedule.

Supplier" means the manufacturer or the vendor of the Equipment specified on an Equipment Schedule.

Term" means the Initial Term and any Renewal Term.

3. Delivery and Acceptance. Upon delivery to Lessee of any Equipment and Lessee’ s inspection thereof, Lessee shall execute and deliver to Lessor a written statement in a form acceptable to Lessor ( a) acknowledging receipt of the Equipment in good condition and repair and (b) accepting the Equipment as satisfactory in all respects for the purposes of the Lease ( the " Certificate of Acceptance"). UNLESS LESSOR HAS AGREED OTHERWISE PURSUANT TO AN

INTERIM FUNDING AGREEMENT, LESSOR SHALL HAVE NO OBLIGATION TO ADVANCE FUNDS FOR SUCH

PURCHASE OR FINANCING UNLESS AND UNTIL LESSOR RECEIVES A CERTIFICATE OF ACCEPTANCE FOR SUCH EQUIPMENT EXECUTED BY LESSEE.

4. Rent; Delinquent Payments.
a) Lessee shall pay the Rent set forth on the Payment Schedule commencing on the Rent Commencement Date and, unless otherwise set forth on the Payment Schedule, on the same day of each payment period thereafter for the balance of the Term. Rent shall be due whether or not Lessee has received any notice that such payments are DRAFT

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UBELF- MLA-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 2 due. All Rent shall be paid to Lessor at PO Box 749642, Los Angeles, CA 90074, or as otherwise directed by Lessor in writing.
b) If Lessee fails to pay any Rent or other sums due under the Lease on or before the date when the same becomes due, Lessee shall pay interest on such delinquent payment from the due date until paid at the lesser of eighteen percent ( 18.00%) per annum or the maximum permitted by law. c) It is the intent of the parties that Lessee’ s obligation to pay Rent under this Lease shall constitute a current expense of Lessee and not a debt of Lessee in violation of any legal obligation regarding Lessee’ s creation of debt.

Further, no obligation of Lessee under this Lease shall constitute the pledge of the funds of Lessee, including tax revenues.
d) Each Rent payment made under this Lease will include the payment of interest in such amounts as set forth separately in the Payment Schedule.

5. Nonappropriation and Renewal. Lessee is only obligated to pay Rent under this Lease to the extent necessary funds have been lawfully budgeted for and appropriated for that purpose during each of Lessee’ s applicable budget years. If Lessee fails to budget and appropriate necessary funds to pay Rent beyond the Initial Term or then current Renewal Term (“ Nonappropriation”), this Lease shall terminate at the end of the Initial Term or then current Renewal Term.

Lessee agrees to provide Lessor notice of Nonappropriation at least sixty (60) days prior to the end of the Initial Term or then current Renewal Term, but failure to give such notice shall not extend the Term or otherwise constitute a default. Lessee agrees that if this Lease is terminated for Nonappropriation it will deliver the Equipment to Lessor at such place as Lessor shall identify within a reasonable distance of the location of the Equipment and Lessor shall then dispose of the Equipment according to the terms of this Lease. The responsible financial officer of Lessee shall do all things lawfully within his or her power to obtain and maintain funds from which Rent payments may be made, including making provision for Rent payments in each proposed annual budget submitted for approval and to exhaust all available reviews and appeals in the event such funds are not appropriated in the budget. Notwithstanding the foregoing, the decision whether or not to budget or appropriate funds beyond the Initial Term or then current Renewal Term is solely within Lessee’ s discretion.

6. Location; Inspection; Labels. Equipment shall be delivered to the location specified in the Lease and shall not be removed therefrom, except as in its ordinary use, without Lessor' s prior written consent, provided that if such consent is given, Lessee shall be responsible for and shall promptly pay all costs associated with such relocation. Lessor shall have the right to enter upon the premises where the Equipment is located and inspect the Equipment at any time.

7. Non-Cancelable Lease. TO THE EXTENT PERMITTED BY LAW, THIS LEASE CANNOT BE CANCELLED OR

TERMINATED EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, INCLUDING FOR NONAPPROPRIATION. LESSEE' S OBLIGATION TO PAY RENT AND PERFORM ITS OBLIGATIONS UNDER

THIS LEASE ARE ABSOLUTE, IRREVOCABLE AND UNCONDITIONAL AND SHALL NOT BE SUBJECT TO ANY

RIGHT OF SETOFF, COUNTERCLAIM, DEDUCTION, DEFENSE OR OTHER RIGHT WHICH LESSEE MAY HAVE AGAINST THE SUPPLIER, LESSOR OR ANY OTHER PARTY; PROVIDED, HOWEVER, THAT NOTHING HEREIN

SHALL PRECLUDE LESSEE FROM ASSERTING ANY SUCH CLAIMS AGAINST THE SUPPLIER IN A SEPARATE LAWSUIT. LESSEE UNDERSTANDS AND AGREES THAT NEITHER THE SUPPLIER NOR ANY SALES

REPRESENTATIVE OR OTHER AGENT OF THE SUPPLIER IS AN AGENT OF LESSOR OR IS AUTHORIZED TO

WAIVE OR ALTER ANY TERM OR CONDITION OF THE LEASE, AND NO SUCH WAIVER OR ALTERATION SHALL VARY THE TERMS OF THIS LEASE. LESSOR IS NEITHER A SUPPLIER NOR A LICENSOR, AND LESSOR IS NOT RESPONSIBLE FOR REPAIRS, SERVICE OR DEFECTS IN EQUIPMENT. LESSEE AGREES

NOT TO ASSERT ANY SUCH CLAIMS OR DEFENSES AGAINST LESSOR FOR REPAIRS, SERVICE OR

DEFECTS IN EQUIPMENT AND UNDERSTANDS THAT IT MAY DO SO AGAINST THE SUPPLIER OF EQUIPMENT OR SERVICES OR LICENSOR OF SOFTWARE.

8. Use; Alterations.
a) Lessee shall use Equipment solely for the purpose of performing essential government functions of Lessee within the scope of Lessee’ s authority and only in the manner for which it was designed and intended. Lessee shall comply with all applicable laws. Lessee shall immediately notify Lessor, in writing, of any existing or threatened investigation, claim or action by any governmental authority that could adversely affect the Equipment, the Lessor or the Lease. Lessee, at its own expense, shall make such alterations, additions or modifications ( each, a "Required Alteration") to Equipment as may be required from time to time to meet the requirements of applicable law or a governmental body. All such Required Alterations shall immediately, and without further act, be deemed to DRAFT

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UBELF- MLA-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 3 constitute " Equipment" and be fully subject to the Lease as if originally leased hereunder. Except as otherwise permitted herein, Lessee shall not make any alterations to Equipment without Lessor' s prior written consent. b) Lessee, at its own expense, may from time to time add or install upgrades, accessories, additions or attachments each an "Upgrade") to Equipment during the Term; provided, that such Upgrades ( i) are readily removable without causing material damage to the Equipment, ( ii) do not materially adversely affect the value, productive capacity, utility or remaining useful life of the Equipment and (iii) do not cause the Equipment to become "limited use property" within the meaning of Revenue Procedure 2001-28, 2001-19 I.R.B. 1156 ( or such other successor tax provision), as of the date of installation of such Upgrade. Any such Upgrades that can be removed without adversely affecting the value, productive capacity, utility or remaining useful life of the Equipment shall remain the property of Lessee, and upon the Equipment’ s return to Lessor in the event it is not purchased by Lessee, Lessee may, at its option, remove any such Upgrades and, upon such removal, shall restore the Equipment to the condition required hereunder. Upgrades which are not removed prior to the Equipment’ s return to Lessor shall, upon their delivery to Lessor, become the property of the Lessor, constitute Equipment and be fully subject to this Lease as if originally leased hereunder.

9. Repairs and Maintenance. Lessee, at Lessee' s own cost and expense, shall at all times maintain the Equipment in good repair, good operating condition, appearance and working order at all times in compliance with the manufacturer' s or Supplier’ s recommendations and all maintenance and operating manuals or service agreements.

10. Return of Equipment.
a) Unless Lessee has properly exercised its option to purchase the Equipment pursuant to this Section, Lessee shall at its sole expense, upon the expiration or earlier termination of this Lease pursuant to its terms, de-install, assemble, pack ( under the supervision of persons acceptable to Lessor), including labeling of all components and hardware, and return all, and not less than all, of the Equipment to Lessor by delivering the Equipment to such location or such carrier as Lessor shall specify within a reasonable distance from the general location of the Equipment. Lessee shall be responsible for erasing or removing any private personal, medical or financial information from any data storage or like devices on the Equipment. Lessee agrees that ( a) Equipment, when returned, shall be in the condition required by the Lease, which shall at a minimum require that Equipment be in complete and operational condition with no missing or damaged components or parts such that it is capable of performing its originally intended use, and (b) upon Lessor' s request, Lessee will obtain from the Supplier ( or other maintenance service provider previously approved by Lessor or Supplier) a certificate stating that such Equipment qualifies for full maintenance service at the standard rates and terms then in effect. b) Provided that Lessee is not then in default under this Lease, Lessee shall have the option to purchase not less than all of the Equipment, “ as is” and fee and clear of all liens and encumbrances created by or arising through or under Lessor, for the Option to Purchase Amount set forth in the Payment Schedule plus all other amounts then due by Lessee under this Lease, by giving written notice to Lessor no less than thirty ( 30) days prior to the date specified in the Payment Schedule for the purchase option; provided that upon Lessee’ s payment of all Rent payments set forth in the Payment Schedule, Lessee shall be deemed to have properly exercised its option to purchase the Equipment and shall be deemed to have then acquired all of Lessor’ s right, title and interest in and to the Equipment, free and clear of all liens and encumbrances except such liens, encumbrances, or security interests as may be created, or permitted by Lessee and not discharged, but without other warranties.

11. Sublease and Assignment.
a) LESSEE SHALL NOT, WITHOUT LESSOR' S PRIOR WRITTEN CONSENT, ( i) SELL, ASSIGN, TRANSFER,

PLEDGE, ENCUMBER OR OTHERWISE DISPOSE OF THE LEASE, EQUIPMENT OR ANY INTEREST THEREIN, ( ii) RENT, SUBLET OR LEND EQUIPMENT TO ANYONE INCLUDING LESSEE' S AFFILIATES, OR iii) PERMIT EQUIPMENT TO BE USED BY ANYONE OTHER THAN LESSEE’ S QUALIFIED EMPLOYEES. b) Lessor, at any time with or without notice to Lessee, may sell, transfer, assign and/or grant a security interest in all or any part of Lessor' s interest in this Lease or the Equipment ( each, a "Lessor Transfer"). In the event of a Lessor Transfer, any purchaser, transferee, assignee or secured party ( each a "Lessor Assignee") shall have and may exercise all of Lessor' s rights hereunder with respect to the items to which any such Lessor Transfer relates, and LESSEE SHALL NOT ASSERT AGAINST ANY SUCH LESSOR ASSIGNEE ANY DEFENSE, COUNTERCLAIM OR OFFSET THAT LESSEE MAY HAVE AGAINST LESSOR. The Lessor Assignee should not be bound by, or otherwise required to perform any of Lessor’ s obligations under the Lease, unless expressly assumed by such Lessor Assignee. Lessee agrees that upon written notice to Lessee of any Lessor Transfer, Lessee shall acknowledge receipt thereof in writing and shall comply with the directions and demands of any Lessor Assignee made according to this Lease, including paying Rent to the Lessor Assignee. Lessee will provide DRAFT

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UBELF- MLA-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 4 reasonable assistance to Lessor to complete any transaction contemplated by this subsection ( b). Notwithstanding the foregoing, no assignment shall be effective until ( i) Lessee has received written notice, signed by the assignor and identifying the name and address of the Lessor Assignee and (ii) the assignment has been registered in the books of the Lessor Assignee. Lessee agrees to retain all notices of assignment as a register of all assignments in form necessary to comply with the Internal Revenue Code of 1986, Section 149(a), as amended and regulations thereunder and agrees to make payments according to the register. c) The Lease Documents shall inure to the benefit of, and are binding upon, the successors and permitted assigns of the parties thereto.

12. Insurance.
a) In addition to complying with the terms and conditions contained in the applicable Insurance Requirements notice, which is incorporated by this reference, Lessee shall, at all times and at Lessee' s own cost and expense, maintain ( i) insurance against all risks of physical loss or damage to Equipment for the greater of the full replacement value or the actual cash value thereof, and (ii) commercial general liability insurance ( including blanket contractual liability coverage and products liability coverage) for personal and bodily injury and property damage per occurrence in an amount as stated in the Insurance Requirements notice, and (iii) other insurance against other risks of loss customarily maintained by Lessee or otherwise required by Lessor and with such terms as shall be reasonably satisfactory to, or reasonably required by, Lessor. Notwithstanding the foregoing, Lessee may self-insure against such risks with Lessor’ s prior written approval.
b) All insurance policies required hereunder shall include terms, and be with insurance carriers, reasonably satisfactory to Lessor. Lessee shall deliver to Lessor certificates or other proof of insurance satisfactory to Lessor evidencing the coverage required by this section and listing Lessor as a loss payee and additional insured and providing for Lessor to receive no fewer than thirty ( 30) days’ notice of cancellation. If Lessee fails to maintain any insurance policies required herein, then in addition to any other rights and remedies of Lessor hereunder, Lessor shall have the option ( but not the obligation) to pay the premiums on any such policies or to obtain new insurance under terms satisfactory to Lessor, and any amounts paid by Lessor pursuant thereto shall be immediately due and payable by Lessee upon demand.

13. Risk of Loss; Casualty. Lessee assumes, and shall at all times bear the entire risk of, any loss, theft, damage to, or destruction of any Equipment from any cause whatsoever, to the extent covered by the proceeds of insurance, from the time such Equipment is shipped to Lessee until its return to Lessor or other disposition at the end of the Lease.

Lessee shall promptly notify Lessor in writing if any Equipment shall be or become worn out, lost, stolen, destroyed, irreparably damaged, or permanently rendered unfit for use from any cause whatsoever ( each a “ Casualty Occurrence”). In the event of a Casualty Occurrence, at Lessee’ s option, Lessee shall within thirty ( 30) days of such Casualty Occurrence, ( i) place such Equipment in good condition and repair, in accordance with the terms hereof; or ii) pay Lessor the sum of (A) the Option to Purchase Amount as of such Casualty Occurrence, and ( B) all Rent and other amounts which are due hereunder. If elected by Lessor and upon payment of all sums due under Section 13(ii) with respect to such Equipment, the obligation of Lessee to pay Rent and the term of this Lease with respect to such Equipment shall terminate. Following payment of all sums due under Section 13(ii) with respect to such Equipment, and if no Event of Default has occurred and remains continuing, Lessor will then ( a) transfer to Lessee the Lessor’ s rights to such Equipment “ AS IS, WHERE IS” and with all defects, without recourse and WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, other than a warranty that the Equipment is free and clear of any liens created by Lessor; and ( b) remit to Lessee any physical damage insurance proceeds received by Lessor arising out of such loss up to the Option to Purchase Amount paid.

14. Taxes. Lessee shall use the Equipment for the purpose of performing essential government functions of Lessee within the scope of Lessee’ s authority. Lessee shall timely report, pay and discharge all sales, use, property and other taxes, if any, now or hereafter imposed by any taxing authority upon the Equipment based upon the ownership, leasing, renting, sale, possession or use thereof, whether the same be assessed to Lessor or Lessee, together with any penalties or interest in connection therewith, and to the extent permitted by law will indemnify and hold Lessor harmless therefrom. Lessee’ s obligations under this Section shall be limited to such taxes as accrue during the Initial Term or then current Renewal Term. Lessee shall submit written evidence of the payment of such taxes at Lessor' s request.

15. Lessor' s Right to Perform for Lessee. If Lessee fails to perform any of its obligations contained herein, Lessor may but shall not be obligated to) itself perform such obligations, and the amount of the reasonable costs and expenses of Lessor incurred in connection with such performance, together with interest on such amount at the lesser of eighteen percent ( 18.00%) per annum or the maximum permitted by law, shall be payable by Lessee to Lessor upon demand.

No such performance by Lessor shall be deemed a waiver of any rights or remedies of Lessor or be deemed to cure the default of Lessee hereunder.

DRAFT

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UBELF- MLA-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 5 16. Personal Property; Liens. Lessee represents and warrants that the Equipment is, and shall at all times remain fully removable personal property notwithstanding any affixation or attachment to real property or improvements. Lessee shall at all times keep Equipment free and clear from all liens. Lessee shall (a) give Lessor immediate written notice of any such lien, ( b) promptly, at Lessee' s sole cost and expense, take such action as may be necessary to discharge any such lien, and (c) to the extent permitted by law, indemnify and hold Lessor, on an after-tax basis, harmless from and against any loss or damage caused by any such lien.

17. Default; Remedies.
a) As used herein, the term " Default" means any of the following events: ( i) Lessee fails to pay any Rent or other amount due under the Lease within ten ( 10) days after the same shall have become due; ( ii) Lessee becomes insolvent or makes an assignment for the benefit of its creditors; ( iii) a receiver, trustee, conservator or liquidator of Lessee of all or a substantial part of Lessee' s assets is appointed with or without the application or consent of Lessee; ( iv) a petition is filed by or against Lessee under any bankruptcy, insolvency or similar proceeding; ( v) Lessee fails to perform or violates any provision of the Lease, or any covenant therein or any warranty or representation made by Lessee therein proves to have been false or misleading when made; or (vi) any filing by Lessee of a termination statement for any financing statement filed by Lessor while any obligations are owed by Lessee under a Lease. Lessee shall immediately notify Lessor of the occurrence of any Default. b) Upon the occurrence of a Default, Lessor may do one or more of the following as Lessor in its sole discretion shall elect: ( i) proceed by appropriate court action to enforce specifically Lessee’ s performance by Lessee of the Lease or to recover damages for the breach thereof; ( ii) cause Lessee, at its expense, promptly to assemble Equipment and return the same to Lessor at such place as Lessor may designate in writing in compliance with all return provisions in this Lease; ( iii) by notice in writing to Lessee, cancel or terminate the Lease, without prejudice to any other remedies hereunder; ( iv) enter upon the premises of Lessee or other premises where any Equipment may be located and, without notice to Lessee and with or without legal process, take possession of and remove ( or disable in place) all or any such Equipment without liability to Lessor by reason of such entry or taking possession, and without such action constituting a cancellation or termination of the Lease unless Lessor notifies Lessee in writing to such effect; ( v) sell, re-lease or otherwise dispose of any or all of the Equipment at public or private sale; and ( vi) exercise any other right or remedy available to Lessor under applicable law. In addition, Lessee shall be liable for all reasonable costs, expenses, and legal fees incurred in enforcing Lessor' s rights under the Lease, before or in connection with litigation or arbitration, including all reasonable attorneys’ fees incurred at trial, on appeal and in any bankruptcy or arbitration proceeding, and for any deficiency in the disposition of the Equipment. Lessor' s recovery hereunder shall in no event exceed the maximum recovery permitted by law. c) If a Default occurs, Lessee hereby agrees that ten (10) days' prior notice to Lessee of any public sale or of the time after which a private sale may be negotiated shall be conclusively deemed reasonable notice. None of Lessor' s rights or remedies hereunder are intended to be exclusive, but each shall be cumulative and in addition to any other right or remedy referred to hereunder or otherwise available to Lessor at law or in equity, and no express or implied waiver by Lessor of any Default shall constitute a waiver of any other Default or a waiver of any of Lessor' s rights. d) With respect to any exercise by Lessor of its right to recover and/or dispose of any Equipment or any other collateral securing Lessee' s obligations under any Lease, Lessee acknowledges and agrees that Lessor may dispose of Equipment on an "AS IS, WHERE IS" basis, in compliance with applicable law and with such preparation if any) as Lessor determines to be commercially reasonable.

18. Notices. All notices and other communications hereunder shall be in writing and shall be sent by overnight courier or certified mail ( return receipt requested), US postage prepaid, or hand delivered. Such notices and other communications shall be addressed to the respective party at the address set forth above or at such other address as any party may, from time to time, designate by notice duly given in accordance with this section. Such notices and other communications shall be effective upon the earlier of receipt by the party or three (3) days after mailing if mailed in accordance with the terms of this section.

19. Indemnity. To the extent permitted by law, Lessee shall indemnify and hold Lessor harmless from and against any and all liabilities, causes of action, claims, suits, penalties, damages, losses, costs or expenses ( including reasonable attorneys' fees, whether or not there is a lawsuit, and including those incurred at trial, on appeal and in any bankruptcy or arbitration proceeding), obligations, liabilities, demands and judgments ( collectively, a "Liability") arising out of or in any way related to: (a) Lessee' s failure to perform any covenant or Lessee' s breach of any representation or warranty under the Lease Documents, ( b) the order, manufacture, purchase, ownership, selection, acceptance, rejection, possession, rental, sublease, operation, use, maintenance, loss, damage, destruction, removal, storage, sale, DRAFT

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UBELF- MLA-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 6 condition, delivery, return or other disposition of or any other matter relating to any Equipment; ( c) any and all Liabilities in any way relating to or arising out of injury to persons, property or the environment relating to any Equipment or the Lease Documents; and ( d) and any and all Liabilities based on strict liability in tort, negligence, breach of warranties or violations of any regulatory law or requirement.

20. Fees and Expenses. To the extent permitted by law, Lessee shall pay or reimburse Lessor amounts incurred during the Initial Term or then current Renewal Term for: (i) all UCC filing and search fees and expenses incurred by Lessor in connection with the verification, perfection or preservation of Lessor’ s rights hereunder or in the Equipment; ( ii) any and all stamp, transfer and documentation taxes and fees payable or determined to be payable in connection with the execution, delivery and/or recording of the Lease Documents; and (iii) all fees and out-of-pocket expenses ( including, but not limited to, reasonable attorneys’ and other professional fees and expenses) incurred by Lessor in connection with the preparation, execution, administration, waiver or amendment of the Lease Documents or the collection of any sum payable under any of the Lease Documents not paid when due, and the enforcement of any of the Lease Documents. Fees include, without limitation, documentation, filing, title, inspection, change, assumption, payment convenience or delivery, repossession, forbearance.

21. Financial and Other Data. Lessee, during the Term hereof, shall furnish Lessor such financial information as Lessor may from time to time reasonably request. All such information shall be prepared in accordance with generally accepted accounting principles, applied on a consistent basis, and certified by Lessee to be true and correct. Lessee shall provide Lessor, prior to the Initial Term and each Renewal Term, with current financial statements, budgets, and proof of appropriation for the ensuing year no more than thirty ( 30) days after such information is available to Lessee. Lessee shall also provide such additional financial information as Lessor may request with regard to Lessee’ s ongoing ability to perform its obligations under this Lease.

22. Representations and Warranties of Lessee. Lessee represents and warrants that ( a) Lessee is a municipal corporation organized and existing under the constitution and laws of the state where it is located, with the power and authority thereunder to enter into this Lease and assume and perform the obligations stated herein, and Lessee will take all actions necessary to preserve such existence, power, and authority; ( b) Lessee has been duly authorized to execute and deliver the Lease Documents by proper action of its governing body and all other proceedings of Lessee relating to the transaction contemplated by this Lease have been performed according to all applicable local, state and federal laws; ( c) Lessee covenants that it will use 95% or more of the proceeds of this Lease as soon as practicable for the purposes stated in this Lease - to wit, performance of essential local government functions of Lessee - and that no part of the proceeds shall be invested at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated when this Lease was entered into, would have resulted in classification of this Lease in any amount as an “ arbitrage bond” within the meaning of the Internal Revenue Code of 1986, as amended ( the “ Code”) and regulations thereunder; ( d) Lessee designates this as a “ qualified tax-exempt obligation” as defined in Section 265(b)(3)(B) of the Code and Lessee reasonably anticipates to issue qualified tax-exempt obligations during the budget year of the Rent Commencement Date in an amount not exceeding $ 10,000,000; (e) this Lease is not a private activity bond as defined in Section 141 of the Code; ( f) Lessee is a state or political subdivision with taxing power under the laws of the state where it is located; ( g) the Lease Documents when entered into will constitute legal, valid and binding obligations of Lessee enforceable against Lessee in accordance with their terms; ( h) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103 and 148, and all applicable Treasury Department regulations, in order to maintain the excludability of the interest component of Rent payments from federal income taxation; ( i) there are no actions or proceedings to which Lessee is a party, and there are no other threatened actions or proceedings of which Lessee has knowledge, before any governmental authority which, either individually or in the aggregate, would adversely affect the financial condition of Lessee or the ability of Lessee to perform its obligations hereunder; and (j) the financial statements of Lessee ( copies of which have been furnished to Lessor) have been prepared in accordance with generally accepted accounting principles, consistently applied, and fairly present Lessee' s financial condition as of the date of and for the period covered by such statements, and since the date of such statements there has been no material adverse change in its financial condition or operations. Lessee shall cause to be executed as a requirement of this Lease an opinion of counsel in substantially the form attached hereto and incorporated by this reference.

23. Title. As of the Acceptance Date, Lessee shall have title to the Equipment during the Term of this Lease; however, Lessor shall have the right to immediately assume title to the Equipment and Lessee shall immediately surrender possession of the Equipment to Lessor ( i) upon the occurrence of a Default and for so long as such Default is continuing, or (ii) upon termination of this Lease if Lessee does not exercise its option to purchase the Equipment.

24. Security Interest. Lessee hereby grants to Lessor a purchase money security interest in the Equipment ( including any replacements, substitutions, additions, attachments) and all proceeds of the foregoing to secure the prompt DRAFT

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UBELF- MLA-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 7 payment and performance as and when due of all indebtedness and obligations of Lessee, now existing or hereafter created, to Lessor pursuant to this Lease. Lessee authorizes Lessor to file financing statements, including any amendments and continuation statements, to protect or perfect Lessor’ s interest in the Equipment, and Lessor shall have all of the rights and benefits of a secured party under the UCC as in effect from time to time hereafter in the state in which the Equipment is located or any other state with jurisdiction over the Equipment. Lessee hereby ratifies, to the extent permitted by law, all that Lessor shall lawfully and in good faith do or cause to be done by reason of and in compliance with this section. Lessee agrees not to file any corrective or termination statements or partial releases with respect to any UCC financing statements filed by Lessor pursuant to this Lease.

25. Governing Law. THIS LEASE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE

LAWS OF THE STATE WHERE THE EQUIPMENT IS LOCATED, INCLUDING ALL MATTERS OF

CONSTRUCTION, VALIDITY AND PERFORMANCE, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAWS.

26. Quiet Enjoyment. So long as no Default has occurred and is continuing, Lessee shall peaceably hold and quietly enjoy the Equipment without interruption by Lessor or any person or entity claiming through Lessor.

27. Entire Agreement. This Lease, together with all other Lease Documents, constitutes the entire understanding or agreement between Lessor and Lessee with respect to the Equipment covered thereby, and there is no understanding or agreement, oral or written, which is not set forth herein or therein. No Lease Document may be amended except by a writing signed by Lessor and Lessee.

28. Disclaimer of Warranties. LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER

WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE

QUALITY OF THE MATERIAL OR WORKMANSHIP IN, EQUIPMENT, ITS MERCHANTABILITY OR ITS FITNESS

FOR ANY PARTICULAR PURPOSE, THE ABSENCE OF LATENT OR OTHER DEFECTS ( WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE EQUIPMENT IS LEASED TO LESSEE " AS IS, WHERE IS." LESSEE HAS MADE THE SELECTION OF THE

EQUIPMENT FROM THE SUPPLIER BASED ON ITS OWN JUDGMENT AND EXPRESSLY DISCLAIMS ANY RELIANCE ON ANY STATEMENTS OR REPRESENTATIONS MADE BY LESSOR. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. LESSOR HEREBY

ASSIGNS ANY WARRANTY BY THE SUPPLIER TO LESSEE FOR THE TERM OF EACH LEASE WITHOUT RECOURSE.

29. Execution in Counterparts. This Lease and all other Lease Documents may be executed in several counterparts, each of which when so executed or otherwise authenticated and delivered shall be an original, but all such counterparts shall together consist of one and the same instrument; provided, however, that to the extent that this Lease constitutes chattel paper under the UCC, no security interest may be created by the transfer or possession of any counterpart other than the original thereof, which shall be identified as a document or record ( as applicable) marked " Original".

30. Miscellaneous. Time is of the essence with respect to this Lease. Any failure of Lessor to require strict performance by Lessee shall not be construed as a consent or waiver of any provision of such Lease. Any provision of this Lease that is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof. Captions are intended for convenience or reference only, and shall not be construed to define, limit or describe the scope or intent of any provisions hereof.

IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease as of the day and year first above written.

Lessor:

Financial Pacific Leasing, Inc. DBA Umpqua Bank
Equipment Leasing & Finance
By:

Name:

Title:

Lessee:

City of Ukiah
By: X
Name: Sage Sangiacomo
Title: City Manager
DRAFT

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UBELF- CR-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 1 FINANCIAL REPORTING AND COVENANTS RIDER
013-1374627- 004
To and part of Municipal Lease-Purchase Agreement dated as of TBD ( the " Lease") between Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing & Finance its successors and assigns Lessor"), and City of Ukiah, its successors and permitted assigns (" Lessee"). All capitalized terms used herein which are not defined herein shall have the meanings set forth in the Lease.

A. Financial Reporting. Throughout the term of the Municipal Lease- Purchase Agreement, Lessee shall provide Lessor with the following financial information:

Audited annual financial statements are due within 270 days of FYE.

In addition, throughout the term of the Municipal Lease- Purchase Agreement, Lessee shall comply with ( a) all financial covenants set forth in any credit agreements between Lessee and Umpqua Bank ( including any amendments thereto and waivers thereof), which covenants, if any, are hereby incorporated herein by reference; or (b) if Lessee terminates any credit relationship with Umpqua Bank throughout the term of the Municipal Lease-Purchase Agreement, Lessor shall evaluate the reason for any such termination and should Lessor determine that no material adverse change exists, Lessor shall thereafter assume the covenants which had been part of the Umpqua Bank credit agreement and Lessee shall then comply with any such covenants directly with Lessor. Should a material adverse change exist, Lessor shall have termination rights as presented in Section 17(b)iii of the Municipal Lease-Purchase Agreement.

Lessor:

Financial Pacific Leasing, Inc.

DBA Umpqua Bank Equipment Leasing & Finance
By:

Name:

Title:

Date:

Lessee:

City of Ukiah
By: X
Name: Sage Sangiacomo
Title: City Manager
Date:

DRAFT

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UBELF- PFA-08-14-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 1 PRE- FUNDING LEASE ACCEPTANCE AGREEMENT AND

AUTHORIZATION TO COMMENCE LEASE
013- 1374627- 004
The Lessor has received a request from the Lessee to advance funds to the Vendor( s) Prior to delivery of the equipment. As adequate and valuable consideration for Lessor and/or Assignees to advance funds to the Vendor( s), Lessee acknowledges this is a noncancelable agreement and unconditionally agrees to the following:

Lessee agrees to accept the equipment described on the Lease Agreement at the Vendor' s location of business.

Lessee acknowledges full responsibility for loss or damage to the equipment from the time of Lessee' s acceptance at Vendor' s place of business. The undersigned agrees to settle all claims, defenses, set-offs and counterclaims it may have with the Vendor of the goods and equipment directly with the Vendor and not against Lessor. Lessee warrants to Lessor that the equipment is merchantable and fit for the purpose for which it was selected. Lessee makes this acceptance regardless of the working condition or installation of the equipment.

The Lease will commence and the Lessee will begin making payments to Lessor, regardless of the actual date of delivery, just as if the equipment had been accepted and delivered. Lessee understands that failure by the Vendor to deliver any equipment is the sole responsibility of Lessee and payments to Lessor will not be withheld for any reason.

By signature below the undersigned specifically authorizes and requests Lessor to make payment to the Vendor( s) of the equipment described in the Lease Agreement. Lessee agrees that said equipment has not been delivered, installed or accepted on a trial basis.

This Acceptance and Authorization supersedes any other Delivery and Acceptance Authorization.

Lessee understands and authorizes the conditions set forth in this agreement.

THIS DOCUMENT MAY BE SIGNED IN COUNTERPARTS AND TRANSMITTED ELECTRONICALLY WITH THE SAME FORCE AND EFFECT AS DELIVERY OF AN ORIGINAL.

LESSEE: City of Ukiah
BY: ___________________________
NAME: Sage Sangiacomo
TITLE: City Manager
DATE: ________________________
Initial Here
Initial Here
Initial Here
DRAFT

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UBELF- ES-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 1 MUNICIPAL LEASE- PURCHASE AGREEMENT

EQUIPMENT SCHEDULE
013-1374627- 004

EQUIPMENT DESCRIPTION
Lessor: Financial Pacific Leasing, Inc. DBA Umpqua Bank Equipment Leasing & Finance Lessee: City of Ukiah
Lease: Equipment Schedule to Municipal Lease- Purchase Agreement dated as of TBD.

QTY Serial # Description Purchase Price
3 TBD Lifepak 15 V4 Cardiac
Monitor/ Defibrillators
Quoted $ 166,912.43
3 TBD Stryker MTS Power Load Systems Quoted $ 95,892.80 3 TBD Stryker Power Pro 2 gurneys Quoted $ 95,889.95
3 TBD FR Conversions Pioneer II Type II
Ambulance
Quoted $ 361,432.30
and all other equipment related thereto, including replacements, additions, attachments, substitutions, modifications,
DRAFT
upgrades, and improvements thereto ( collectively the “Equipment”).

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UBELF- CAPS- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured.

MUNICIPAL LEASE- PURCHASE AGREEMENT

PAYMENT SCHEDULE
013- 1374627- 004
Date Total Payment Principal Interest Option to Purchase

TBD TBD TBD TBD TBD
An Administrative Fee of $TBD will appear on your first payment invoice Interim rent is calculated as follows: ( The rent divided by 30 days equals the daily rate) multiplied by the (number of days between closing and the first Rent Payment date) equals the total interim rent.

Provided Lessee provides notice pursuant to the Municipal Lease- Purchase Agreement, section 10(b), payment of the applicable Option to Purchase Amount may occur concurrently with the Lessee’ s final installment payment.

THIS DOCUMENT MAY BE SIGNED IN COUNTERPARTS AND TRANSMITTED ELECTRONICALLY WITH THE SAME FORCE AND EFFECT AS DELIVERY OF AN ORIGINAL.

Lessee: City of Ukiah
By: X
Name: Sage Sangiacomo
Title: City Manager
Date:

Lessor: Financial Pacific Leasing, Inc., DBA Umpqua Bank Equipment Leasing & Finance By:

Name:

Title:

Date:

DRAFT

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UBELF- FR-MUNI- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured. 1 FUNDING REQUEST
013-1374627- 004
Financial Pacific Leasing, Inc., DBA
Umpqua Bank Equipment Leasing & Finance
3455 South 344th Way Suite 300
Federal Way, WA 98001
Dear Sir or Madam,
We hereby notify and authorize Financial Pacific Leasing, Inc. DBA Umpqua Bank Equipment Leasing & Finance to issue payment in the amount of $ TBD to TBD for Invoice Number TBD as reflected in the attached Exhibit A.

Lessee: City of Ukiah
By: X________________________________
Name: Sage Sangiacomo
Title: City Manager
Date:

DRAFT

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UELF- AROI- C&M-4-23-24
Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured.

AUTHORIZATION AND ACKNOWLEDGEMENT FOR RELEASE OF INFORMATION I, the undersigned applicant, direct Umpqua Bank ( Bank) to provide to Financial Pacific Leasing, Inc. d.b.a. Umpqua Bank Equipment Leasing & Finance, ( UBELF), my financial information, including copies of my credit report, financial statements, tax returns, credit applications, and any other material I have provided to the Bank or Bank has obtained from third-parties on my behalf, for purposes of obtaining or investigating the financial accommodation available from Bank. I direct and consent to the sharing of financial information between UBELF and Bank for my convenience and benefit.

THIS DOCUMENT MAY BE SIGNED IN COUNTERPARTS AND TRANSMITTED ELECTRONICALLY WITH THE SAME FORCE AND EFFECT AS DELIVERY OF AN ORIGINAL.

Customer: City of Ukiah
By: X____________________________________
Name: Sage Sangiacomo
Title: City Manager
Date: ____________________________________
DRAFT

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UBELF- ACHO- 8-22-24 Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC Insured. 1 AUTHORIZATION FOR DIRECT PAYMENTS ( ACH Debits)
Company Name: City of Ukiah
Contract #: 013-1374627- 004
I ( we) authorize Financial Pacific Leasing, Inc. dba Umpqua Bank Equipment Leasing and Finance, or its assigns, to automatically withdraw from the financial institution shown on the attached voided check any and all sums due in connection with the contract identified above. The undersigned authorizes the debit of all payments as well as debit entries for charges where the amount and time frame varies, including, but not limited to insurance, tax, NSF and late fee payments.

I (we) confirm I (we) are authorized to sign on behalf of the debtor and bind the company to this agreement. I (we) acknowledge that the origination of ACH transactions to my ( our) account must comply with the provisions of U.S. law. I (we) also acknowledge that the Company may assign the account to a third party and that assignee may then initiate debit entries pursuant to this authorization.

This authorization is required to remain in full force and effect until the Company has received written notification SEVEN ( 7) business days before the due date. Contact our Customer Service Department at service@finpac. com or 800-447-7107 to update or modify your bank account information. This agreement may, at the Company’ s discretion, be suspended at any time.

To view your monthly invoice, go to fastpay. finpac. com to register.

No written notice will be forwarded.

BY: ___________________________
NAME: Sage Sangiacomo
DATE: ______________________
PHONE NUMBER: _________________
EMAIL ADDRESS: ______________________________

PLEASE ATTACH A COPY OF A VOIDED CHECK

THIS DOCUMENT MAY BE SIGNED IN COUNTERPARTS AND TRANSMITTED ELECTRONICALLY WITH THE SAME FORCE AND EFFECT AS DELIVERY OF AN ORIGINAL.

DRAFT

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UBELF- PFELA- US-2-22-17
Financial Pacific Leasing, Inc., including its divisions, is a subsidiary of Umpqua Bank.

Products offered by Financial Pacific Leasing, Inc., are not FDIC insured.

PUBLIC FINANCE EQUIPMENT LEASE APPLICATION
Contact Information
Name: TBD____________________________ Email: TBD__________________________ Phone: TBD_______________ Lessee Information
Legal Name of Lessee: City of Ukiah City: Ukiah State: CA Equipment & Payment Information
Equipment Description:
3 Lifepak 15 V4 cardiac monitor/ defibrillators, 3 Stryker MTS Power Load Systems, 3 Stryker Power Pro 2 Gurneys, 3 FR Conversions Pioneer II Type II Ambulances
Equipment Final Delivery Date: TBD________________ Equipment Total Cost: $ 720, 127.48 Down Payment: TBD___________________ Trade in or Other Discounts: TBD___________________ Amount to Finance: TBD___________________ # of Years to Finance: 5 years Payment Frequency: monthly First Payment: TBD___________________ First Payment Date if Applicable: TBD ___________________ Referred by: TBD_________________________ Additional Information
Is this acquisition subject to competitive bidding? If yes, what is the deadline for the bid process? TBD__________________________ Is this acquisition formally approved by your board or other leadership? Yes No If yes, by what document ( please provide the decision date)? TBD___________________ Who will be the authorized signer for this lease? Sage Sangiacomo, City Manager What is the primary designated repayment fund? TBD_____________________________ What is the nature of the requested equipment that makes it essential use to your entity? TBD_____________________________________________________________________________________________________ Website address to access CAFR: N/A
Additional Notes:

We do not lease to Federal agencies
DRAFT

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Page 1 of 2 ends

Agenda Item No: 12.a.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-606

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction by Title Only of an Ordinance to Approve a Rezone from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2), as well as Approval of a Minor Subdivision Resulting in Two (2) Parcels at 960-979 Marlene Street; (APNs 003-100-24 - 003-100-437); File No. #24-9277.

DEPARTMENT: Community
Development
PREPARED BY: Jesse Davis, Chief Planning Manager
PRESENTER: Jesse Davis, Chief Planning Manager
ATTACHMENTS:

1. Application Materials

2. Draft Findings

3. Draft Conditions of Approval

4. Agency Comments and Responses

5. Technical Memorandum – CEQA Exemption (Terra Nova Planning & Research)

6. Draft Ordinance

7. 12a Presentation given at meeting
Summary: Council will consider a request for a rezone from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2), and consider approval of a Minor Subdivision resulting in two (2) parcels at 960-979 Marlene Street.

Background: On February 13, 1980, after continuing the item from a meeting on November 28, 1979, the Ukiah Planning Commission approved Use Permit No. 80-40 allowing for a condominium conversion project and Planned Development subject to the Conditions of Approval included in Attachment 1 as part of the submitted application materials.

On October 3, 1984, the Tentative Map was amended to replace the previously required recreational improvements/tennis courts with an open turf area, and relocate the pool to the southwestern portion of the project site residents. The tentative map was amended by Resolution No. 85-29, and carried by a unanimous roll call vote with the condition that the lawn area be landscaped and automatic irrigation system be installed.

Ultimately, after receiving an extension, the City Council adopted the final map on May 7, 1986, after all improvements were finalized and the associated covenants, conditions, and restrictions provided to Staff.

Besides minor repairs, upgrades or maintenance, there has been minimal development activity associated with the subject parcel or the associated structures since they were originally constructed. Since finalization of the condominiums in 1986, two (2) separate Planned Developments have been facilitated to the north of the subject property, including the Marlene Estates (PD #14) and 950 Marlene Street (PD #16). While Marlene Street Condominiums is a Planned Development, it is not assigned a PD number. Furthermore, it is not separately identified on the official zoning map for the City of Ukiah.

On September 11, 2024, the Planning Commission held a public hearing to provide recommendations to the City Council on the location of the proposed rezone and minor subdivision. By a unanimous 3-0 vote (Johnson

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Page 2 of 2 ends

absent, one vacancy), the Planning Commission recommended that the City Council approve a proposed Zoning Map Amendment, rezoning the subject parcel from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2) (“Amendments”) based on the Findings included in Attachment 2, the Conditions of Approval in Attachment 3, and the response of agencies having jurisdiction in Attachment 4.

Discussion: The rezone would remove a Planned Development (PD) designation applied to the property in 1980, thereby allowing it to revert to its base (R-2) zoning designation, which is consistent with the Medium Density Residential (MDR) land use classification currently assigned and affirmed as part of City's 2040 General Plan. Subsequently, the project would subdivide an underutilized parcel, and allow for future development consistent with the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP) and potentially the City's Objective Design & Development Standards.

In accordance with the California Environmental Quality Act (CEQA), the City of Ukiah Planning Division, in coordination with Terra Nova Planning & Research Incorporated, prepared a technical memorandum for the proposed Project and determined that the Project is exempt as allowed by CEQA Guidelines Section 15301, Class 1, Existing Facilities, as well as Section 15315, Class 15, Minor Land Divisions (Attachment 5). A draft ordinance (Attachment 6) is provided for the review and consideration of the City Council.

Staff recommends Council introduce by title only an Ordinance to approve a Rezone from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2), as well as approve a Minor Subdivision resulting in two (2) parcels at 960-979 Marlene Street.

Recommended Action: Introduce by title only an Ordinance to approve a Rezone from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2), as well as approve a Minor Subdivision resulting in two (2) parcels at 960-979 Marlene Street; (APNs 003-100-24 - 003-100-437); File No. #24-9277.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Cost Recovery; Project Specific
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): H-2 (Expand Housing Opportunities); H-5 (Future Housing Needs); LU-1 (Variety of Housing Types)

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3,000 03/14/2024
3,000
3,000
24-9277
-
' Community Development Department
Planning Division
300 Seminary Ave., Ukiah CA 95482
Email: [email protected]
C. l
·t/'y oif U:ki·ah Web:www.cityofukiah.com Phone:(707)463-6268 Fax: (707) 463-6204
Planning Permit Application
PROJECT NAME:
f"V\lli'"l e,,'\~ S-~t- vY1 \"'Or ~u bJ 10 is~°"" ~ r-e,~()e PROJECT ADDRESS/CROSS STREETS: AP NUMBER(S):
9~0-q,9 ~rlerle.. 5~ e-et-- l) \'.:. le... l._ 003~t 00- 2 4 ~43 APPLICANT/AUTHORIZED AGENT: .,I PHONE No: .tj FAX No: E-MAIL ADDRESS:

YV'\c.tn:\4. ((lo~ Lee. ?6.iD 1o,-'l -n-42- 4 - MlifC~ • la"'a. re Q co Id~ H It.>«"~ APPLICANT/AUTHORIZED AGENT ADDRESS: I cit) t--u(~ I ~ /Zq:s4&i.. 444-/..J ~ S ·tr_ k S\-re.~iPROPERTY OWNER IF OTHER THAN APPLICANT/AGENT: I PHONE No: ~FAX No: E-MAIL ADDRESS:
/;I lM &,"~ 1 H,"' Loi; ~"'i '101-2\ 1--z...1 4 - eb i::u "'~i Q. m tM~ p.-~1 • ~ PROPERTY OWNER ADDRESS IF OTHER THAN APPLICANT I 1:: ~ J:ro(\ c lS eo ~ E/Zq4~1_--~ ,~,'i 32""-Ave.. HAS YOUR PROJECT RECEIVED A PRELIMINARY REVIEW? DYES ONO 0 AIRPORT LAND USE COMM. s 0 REZONING - PLANNED DISTRICT $ ; ~ USE PERMIT -AMENDMENT $
DETERMINATION REFERRAL 100.0800.61 1.00 1 .0400.449.001 - 100.0800.61 1.003 0 ANNEXATION s 0 SITE DEVELOPMENT PERMIT - $ 0 USE PERMIT - MAJOR $ 100.0800.611.001 AMENDMENT !00.0400.449.00 1 I 00.0400.449.00 I APPEAL $ 0 SITE DEVELOPMENT PERMIT - $ 0 USE PERMIT - MINOR $ 100.0400.449.001 MAJOR 100.0400.449.001 100.0400.449.00 1 □ GENERAL PLAN AMENDMENT $ 0 SITE DEVELOPMENT PERMIT - $ □ VARIANCE-MAJOR $ 100.0800.6 11 .001 MINOR !00.0400.449.001 I 00.0400.449.00 I □ MURAL PERMIT $ 0 SPECIFIC/MASTER PLAN $ □ VARIANCE-MINOR $ 100.0400.449.001 I 00.0800.6 I 1.003 I 00.0400.449.00 I PRE-DEVEL PMENT MEETING s
~
~OR SUBDIVISION/TENTATIVE • $ □ ZONING AMENDMENT MAP OR $ I 00.0800.6 I 1.003 L MAP (4 OR FEWER LOTS) - TEXT
100.0800.610.00I 100.0800.61 LOOI
□ STAFF RESEARCH (MORE THAN 1 $ 0 MAJOR SUBDIVISION/TENTATIVE $ l)(REZONING $ HOUR) SUBDIVISION MAP 100.0800.611 .001 - 10023100.4 1153 (5 OR MORE LOTS) 100.0800.610.00 ! ... □ LOT LINE ADJUSTMENT OR $ □ OTHER $ □ OTHER $
MERGER
100.0800.610.001
COUNTY CEQA FILING FEE: $
- MAJOR PERMIT DEPOSIT: $ FILING DATE:

CHECK PAYABLE TO MENDOCINO Co.

COUNTY CEQA (NEG DEC) FEE: $ MINOR PERMIT FEE: s TOTAL AMOUNT PAID: $ CHECK PAYABLE TO MENDOCINO Co. - COUNTY CEQA (EIR) FEE: $ - TOTAL FEE: $ RECEIPT NUMBER:

CHECK PAYABLE TO MENDOCINO Co. - '
APPLICATION NUMBER(S):

Recommendation: Prior to submitting an application, discuss your project with Staff to discover what fees (sewer, water: in-lieu park fees, traffic impact fees, etc.) may be required for your project Also, ask about street tree requirements, required sidewalk repairs, drainage issues, storm water mitigation requirements, frontage improvements, etc.
f"7Y\
ATTACHMENT 1

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MDR R2 Zones 3 & 6
Floodway Floodway
Appx. 40 Years N/A
2 Lot- ""i~or s.0bJiv~51"0-A, i -e:2;0ne:. P~-e)
Project Description
I O-"'-+ o-f 'P'D +-o r\,\ DR..
see ·r -6-"\ tz+iue rl1Af
Please attach a written project description including summary of work (both interior and exterior for construction and operation) and/or business proposed. The purpos~ of the project description is to assist Staff in understanding the project. The project description will also be included in the Staff Report required to review {and ultimately approve or deny) the planning permit. Providing complete information will help expedite the project review process and in determining what additional information, if any, related to the project and required environmental review is required.

Environmental Review and Reports
Please be aware that projects are required to comply with the California Environmental Quality Act (CEQA). Projects will be reviewed by Staff for compliance with CEQA and Staff will determine the appropriate CEQA document to prepare for the project (exemption, negative declaration, etc.). In order to make this determination, specific reports (traffic, arborist, soils, etc.) and or additional information may be required.

Use Information
Please orovide the followina information related to the use of the site and buildina· - ~ . Description of Building & Site
Parcel Size: L, ::.J V /'\ L.... Building Size: 1 Number of Floors:

Use of Building (check all that apply) Description Square Footage Number of Units/Suites · Office (business/professional)
D Office (medical/dental) See. /-en: rrr-/i.,;,e rY\.t·, " D Retail I
D Light Industrial
D Residential
D Other:

Operating Characteristics
Days and Hours of Operation:

Number of Shifts: I Days and Hours of Shifts:

Nomber of Employees/Shift:

Loading Facilities: Yes □ No TypeNehicle Size:

Deliveries: Type: Number (day/week/month): Time(s) of Day:
□ Yes o No
Outdoor areas associated with Sales area: Unloading of deliveries: Storage:
use? (check all that apply) o Yes o No Yes o No □ Yes □ No o Yes □ No Square Footage: Sauare Footaae: Sauare Footaae:

Noise Generating Use? □Yes o No Description:

To Be Completed bv Staff
General Plan Designation: Zoning District: Airport Land Use Designation:
- ~
City's Architectural & Historic Age of Building: • Demolition Policy:

Inventory:

YES ~ o
Hillside: Flood Designation FIRM Map: Flood Designation Floodway Map:

YES
~ Tree Policies
G:i eral Plan Open Space Conservation
tJ O o YES GOALJPOLICY #:

C•~ munity Forest Management Plan
~ o YES GOALJPOUCY # :
t.:andscc:xp· g and Streetscape Design Guidelines
o NO ES GUIDELINE#: ~
mercial Development Design Guidelines
0 o YES GUIDELINE#:

Tree Prot1c ion and Enhancement Policy
o No III S NOTES:

Tree Plan~i and Maintenance Policy
o No o S NOTES:

UCC: St~r~e; Tree Policy, purpose and Intent Other:
o No s NOTES:

Notes

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1,,_8_- __._."""""""_..;;...--,,,,. ....... ------""""""--------"-----------~µ.-• owner authorize to act on my be e with all of the above. (Application must be signed by owner).

PROPERT OW R SIGNATURE DATE
I, VV1WC-\ ~ V'Y\ 0 ':5 '1..Y\ LA =t:4...t-o , am the Downer / ')it.authorized agent of the property for which the development is proposed. The above information and attached documents are true and accurate to the best of my knowledge.

I have read and agree with all of the above.

I hereby authorize employees of the City of Ukiah, the City's authorized agents, and persons with review or decision making authority for the project to enter upon the subject property, as necessary, to inspect the premises, post notices, and process this application.

I understand that conditions of approval may be placed on my project by the city of Ukiah and it is my responsibility to fully understand the conditions and ask questions about them before action is taken on my planning permit. f1m~fh,i-i~ ~r Jlt<f/J..y
D OWNER / ]464-uomZED ENT DATE

INDEMNIFICATION AGREEMENT
As part of this application, the applicant agrees to defend, indemnify, and hold harmless the City of Ukiah, its agents, officers, council members, employees, boards, commissions or Council from any claim, action or proceeding brought against any of the foregoing n individuals or entities, the purpose of which is to attack, set aside, void, or annul any approval of the application or related decision, or the adoption or certification of any environmental documents or negative dedaration which relates to its approval. This indemnification shall include, but is not limited to, all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party arising out of it or in connection with the approval of the application or related decision, whether or not there is concurrent, passive, or active negligence on the part of the City, its agents, officers, council members, employees, boards, commissions of Council.

If for any reason, any portion of this indemnification agreement is held to be void or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect.

The City of Ukiah shall have the right to appear and defend its interests in any action through its City Attorney or outside counsel. The applicant shall not be required to reimburse the City for attorney's fees incurred by the City Attorney of the City's outside counsel if the City chooses to appear and defend itself in the litigation.

I have read and agree to all of the above.
'jlPROPE YO ER / AUTHORIZED AGT

SE PRINT NAME)
ttU

THORIZED AGENT DATE
Revised 02/06/2024

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!!! Major Towns & Places
City Limits
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File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
Kung, Hin Lok & Ellen
Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah
THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

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Page 320 of 592 ends

Assessors Parcels
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File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
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Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah
PD

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Assessors Parcels
LDR
CASE:

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File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
Kung, Hin Lok & Ellen
Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah

Page 322 of 592 ends

Assessors Parcels
003-100-UA
0 A±
180-030-RW
0 A±
180-030-RW
0 A±
003-160-57

MOUNTANOS MARK P TTEE
0 A±
003-100-19

SHERWOOD ROBERT
0 A±
003-100-22
NELSON JENNIFER G TTEE 1/2
0 A±
003-160-59

SANCHEZ JOSE
0 A±
003-160-51

BARRAGAN LUIS AND MARIA
0 A± 003-160-01

MCENTEE TTEE TERRY S
0 A±
003-160-61

ANDRUS TODD J AND LINZI L
0 A±
003-100-08

BRARENS ROSS W
0 A±
003-100-47

YOUNGBLOOD WILLIAM M
0 A±
003-100-14

TURNING POINT FOUNDATION
0 A±
003-100-07
VASQUEZ JUVENAL 1/3
0 A±
003-100-11

BERTUMEN CYNTHIA L
0 A±
003-100-13

FUENTES GUSTAVO J
0 A±
003-100-15

MARTINEZ IGNACIO M FRAGOSO
0 A±
003-100-12
NELSON JENNIFER G TTEE 1/2
0 A±
003-100-39

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-36

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-31

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-33

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-28

KUNG HIN LOK AND ELLEN BING
0 A± 003-100-42

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-37

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-35

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-25

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-43

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-27

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-40

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-24

KUNG HIN LOK AND ELLEN BING
0 A±
003-160-58

HERNANDEZ JESUS /
0 A±
003-100-49

MASTERSON DANIEL J AND LAURI
0 A±
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES µ 0 35 70 Feet
0 0.005 0.01 Miles
1:800

ADJACENT PARCELS
I
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- ---- - ---- 1
t - - - -
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------1
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~ - -
- - -
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------
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\ r - -
I -~
r -- .r -
1 - - ~ .- _ r - r - r -r
\ I I I I I \. - l C -· I \ \ \ \ L - ' r -r- - - I -- I f - ' ~ \ l \ . L L _l . L " . . I [' L • l \ •• L .l
- -- -
- -, - \
\
\
\
\
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\
\
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A- - -------- \
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.

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File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
Kung, Hin Lok & Ellen
Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah

Page 323 of 592 ends

Public Roads
Assessors Parcels
003-100-UA
0 A±
180-030-RW
0 A±
180-030-RW
0 A±
003-160-57

MOUNTANOS MARK P TTEE
0 A±
003-100-19

SHERWOOD ROBERT
0 A±
003-100-22
NELSON JENNIFER G TTEE 1/2
0 A±
003-160-51

BARRAGAN LUIS AND MARIA
0 A±
003-160-59

SANCHEZ JOSE
0 A±
003-160-01

MCENTEE TTEE TERRY S
0 A±
003-100-14

TURNING POINT FOUNDATION
0 A±
003-100-08

BRARENS ROSS W
0 A±
003-100-07
VASQUEZ JUVENAL 1/3
0 A±
003-100-11

BERTUMEN CYNTHIA L
0 A±
003-160-61

ANDRUS TODD J AND LINZI L
0 A±
003-100-39

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-36

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-31

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-33

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-28

KUNG HIN LOK AND ELLEN BING
0 A± 003-100-42

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-35

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-25

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-29

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-13

FUENTES GUSTAVO J
0 A±
003-100-27

KUNG HIN LOK AND ELLEN BING
0 A± 003-100-30

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-40

KUNG HIN LOK AND ELLEN BING
0 A±
003-100-32

KUNG HIN LOK AND ELLEN BING
0 A±

M ARL EN E ST RE ET
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES µ 0 30 60 Feet
0 0.005 0.01 Miles
1:692.9

AERIAL IMAGERY
File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
Kung, Hin Lok & Ellen
Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah

Page 324 of 592 ends

Assessors Parcels

UKIAH VALLEY FIRE PROTECTION DISTRICT
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES

FIRE HAZARD ZONES & RESPONSIBILITY AREAS

STATE RESPONSIBILITY AREA
µ 0 35 70 Feet
0 0.005 0.01 Miles
1:800
File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
Kung, Hin Lok & Ellen
Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah

Page 325 of 592 ends

Cross-Sections
Base Flood Elevations
1% Annual Chance Flood Hazard
Regulatory Floodway

0.2% Annual Chance Flood Hazard
Assessors Parcels
Zone AE
Zone AE
FLOODWAY Zone AE
598
FEET
597.47 FEET
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES µ 0 35 70 Feet
0 0.005 0.01 Miles
1:800

FLOOD ZONES
~
1111
1111
l
File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
Kung, Hin Lok & Ellen
Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah

Page 326 of 592 ends

Assessors Parcels
Naturally Occurring Asbestos
113
210
Sources: Esri, HERE, DeLorme, increment P Corp., NPS, NRCan, Ordnance Survey, © OpenStreetMap contributors, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES µ 0 35 70 Feet
0 0.005 0.01 Miles
1:800

EASTERN SOIL CLASSIFICATIONS
File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
Kung, Hin Lok & Ellen
Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah

Page 327 of 592 ends

RECORDER1

S CERTIFICATE
FILED THIS~" DAY OF ~°1/ '1986' AT-· /C): '-15 8'.M.

MAP CASE.3i.,DRAWER:i.!i.,PAGE b/, AT THE REQUEST OF W.R. COOTS.

MARSHA A. YOUNG

COUNTY RECORDER
BY f~ tfr .c --,,y7F'.

FEE/1' /,a.t,a

I DEPUTY

PLANNING COMMISSION CERTIFICATE
IN
THIS IS. TO CERTIFY THAT THE PLANNING COMMISSION OF THE CITY OF UKIAH, STATE OF CALIFORNIA, ON THE ;?# DAY OF _/4.:...',P_r/_:/ ____ ,198G, EXAMINED

THIS MAP AND FINDS THAT SAID MAP CONFORMS WITH THE ACTION TAKEN ON THE TENTATIVE MAP THEREOF.

I MAN OF THE PLANNING COMMISSION - CITY OF UKIAH.

CITY COUNCIL CERTIFICATE

THIS IS TO CERTIFY THAT THE CITY COUNCIL OF THE CITY OF UKIAH, STATE OF CALIFORNIA , ON THE 77',f DAY OF ,41".,;,,z:: , 1986 , BY MOTION

REGULARLY PASSED AND ENTERED IN THE MINUTES OF SAID COUNCIL, DID APPROVE THIS MAP, AND ACCEPT THE EASEMENTS OFFERED FOR DEDICATION AS SHOWN HEREON.

C (J~S<Ji;,- . . MA R // CITY CLERr

BOND CERTIFICATE
I, JOYCE A. BEARD , CLERK OF THE BOARD OF SUPERVISORS, OF THE COUNTY OF

ACKNOWLEDGEMENT STATE OF CALIFORNIA
COUNTY OF MENDOCINO ss
J)N THIS Z." DAY OF AlJ~U<;,,f 1985, BEFORE ~HNPN l'-t?'N-ft'J'A , A NOTARY PUBLIC !N AND FOR SAID COUNTY ANO STATE, RESIDING THEREIN, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED ____ .;,TANFORQ A.J)lAMOND_ , PERSONALLY KNOWN TO ME (OR

PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON THAT EXECUTED THIS INSTRUMENT ON BEHALF OF THE PARTNERSHIP AND ACKNOWLEDGED TO ME THAT THE PARTNERSHIP EXECUTED IT.

MY COMMISSION EXPIRES oc.,-roe,erz. I, 10~(p
COUNTY OF --'-M-"-t:::_t--J....;f?t';..:;;C,..;.;IN_C? _____ _ STATE OF __ C/'l<,_.··;t,,"- .. 1_._fr::'-'P.._N_IA. _____ _

SURVEYOR'S CERTIFICATE
t, W.R. COOTS, CERTIFY THAT I AM A REGISTERED LAND SURVEYOR IN THE STATE OF

CALIFORNIA, AND THAT THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR

UNDER MY DIRECTION, THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, THAT ALL

MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

SEAL

MENDOCINO, HEREBY CERTIFY THAT THE BOND OR DEPOSIT AS REQUIRED BY THE SUBDIVISION MAP ACT, SECTION 66464 OF THE GOVERNMENT CODE, TITLE 7, DIVISION 2, ( COMMENCING WITH SECTION 66410) HAS BEEN FILED.

DATED THIS [(Q -Hf DAY OF {)) A 1/ , 1986.

MAP FILING REPORT
MARSHA A. YOUNG

COUNTY RECORDER BY DEPUTY

OWNER'S CERTIFICATE

TKE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE OWNERS OF AND HAVE

THE RIGHT, TITLE AND INTEREST IN AND TO THE REAL PROPERTY INCLUDED

WITHIN THE SUBDIVISION SHOWN ON THIS MAP, THAT THEY ARE THE ONLY PERSONS

WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID REAL PROPERTY

AND THAT THEY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND TO THE SUBDIVISION AS SHOWN WITHIN THE BORDER LINES. THE UNDERSIGNED

OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE PUBLIC UTILITY EASEMENT, DRAINAGE EASEMENT AND DRAINAGE ACCESS EASEMENT AS SHOWN HEREON.

THE UNDERSIGNED ALSO HEREBY CERTIFY THAT AS THE OWNERS THEY HAVE, OR WILL, COMPLY WITH ALL REQUIREMENTS OF SECTION 66427.1, SUBDIVISIONS (a), (b) 1 (c) ANO, (d). OF THE SUBDIVISION MAP ACT.
'
TRUSTEE1S CERTIFICATE

CONTINENTAL AUXILIARY COMPANY, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEED OF

TRUST AGAINST THE TRACT OF LAND HEREON SHOWN CONSENTS TO THE PREPARATION AND FILING OF THIS MAP.

IN WITNESS WHEREOF, SAIO CORPORATION HAS CAUSED ITS CORPORATE NAME TO BE AFFIXED THIS~AY OF.· tf«t'cJz , 1986.

ACKNOWLEDGEMENT STATE OF CALIFORNIA ,;s
COUNTY OF LOS ANGELES •
ON THIS~DAY OF -11 MJ.. I 1986, BEFORE MEJ'Jr/tll IIIE~Lli 'llll4of,A NOTARY PUBLIC IN AND FOR SAID COUNT~AND STATE, RESIDING THEREIN, DULY COMMISSIONED AND SWORN, PERSONALLY APPEAREn #A'4t• C, GA-Llii , PERSONALLY KNOWN TO ME (OR

PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON WHO EXECUTED THE WITHIN INSTRUMENT AS ASSIST. VICE PRES. ON BEHALF OF THE CORPORATION THEREIN NAMED AND ACKNOWLEDGED TO ME THAT THE CORPORATION EXE- .CUTED IT.

MY COMMISSION EXPIRES .MAY .8 19.138 ,
NOTARY PUBLIC IN i b7='0R
COUNTY OF -1Q~f'.!G,,._,E.,.L.,,,ES"'----------
STATE OF .CALIFOR.,:.:N::clA"-, _________ _

CITY ENGINEER'S CERTIFICATE
I, ROBERT B. PEDRONCELLI, HEREBY CERTIFY THAT I HAVE EXAMINED AND CHECKED THIS

FINAL MAP AND THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT

APPEARS ON THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF, AND I FURTHER CERTIFY THAT SAID MAP IS IN CONFORMANCE WITH TITLE 7, DIVISION 2, CHAPTER 2 OF THE

GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND THE UKIAH CITY CODE, AND THEREFORE l AM SATISFIED THE MAP ~~,-~1JteHNJ,QALLY CORRECT.

IN WITNESS WHEREOF,,(f,~tsq.\ft~~TO SET MY HAND AND l\FFIXED MY OFFICIAL SEAL AT UKIAH c¥i~RNlf!.,"J;~I§ ~DAY OF :tY\(1/L. 1 1986. a tl, ,-J_ 13 ~-115 : t'•··, 'itv /J ·\;, :\ f l?f=R ct ,;:_· c:R :its.. t:~ \ ROBERT B. PEDRO~GELLI R).y,E 3 164'it8

CITY ENGINEER

HASTINGS RD,
N.T.S.

UKIAH
"'
0 I

MARLENE STREET CONDOMINIUMS
A CONDOMINIUM SUBDIVISION 1-t
t'- ~ -- )- LYING IN LOT 31 OF THE

YOKAYO RANCHO

CITY OF UKIAH, COUNTY OF MENDOCINO

STATE OF CALIFORNIA
FEB. 1985
~ t ~ !)_._
.. _____ ••■.1--------------------------------------------------------------------~S~H~E~E~T~l~O~F_;4~----~~P~AG:E~iiiiiiiiiiiiiiiiii•b•/iiiiiiiiiiiiiil~ j /

Page 328 of 592 ends

WADDINGTON
1102 O.R. 473
MATZEN
1013 O.R. 54
- -
SCALE 111= 40'
C A R L I L E 11 12· 0. R . 3 9 7
\
CORNER
I
...
\ WILLS
I 1319 O.R. 654 \
I
(2.5.00)
r
(2.5.00'

2. PARCEL 64, M.C. R.

DR. '30, PG. M.C. 2,
BP.SIS Of
\ N 82.035, 5\"E. )

MATTHEWS
987 O.R. 137
BE.P..R\~GS
191.05' )
,,...,
()")
./:>
(X)
..__,.
,.....

N
01 e-""
C
CJ)
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0 NOTE: THIS SUBDIVISION MAY BE SUBJECT
TO THAT 101 WIDE EASEMENT DESCRIBED
IN 321 0.R. 448.
w
'o
(\J
N
0 0
(f)
(/)
·o
0 !'.!
BASIS OF BEARINGS:

BETWEEN MONUMENTS
M.C. 2, DR. 35, PG. 21,

FOUND PER
M.C.R.

LEGEND:
0 FOUND 112'' IRON PIPE TAGGED R:C.E. 15311 PER
M.C.2, DR. 35, PG. 21, M.C.R.
( ) RECORD DATA PER M.C.2, DR.351 PG. 21, M.C.R.
e SET 11211 IRON PIPE TAGGED L.S. 4518
CARPORT DETAILS l 11 = 20'

14.00' IQ.00' l0.00' 10.00' 10.00' 10.00' 10.00' 10.00' 10.00· 10.00' Cl C2 C3 C4 C5 C6 C7 ca C9 CIO
N 83° 571 40" E

14.00' 10.00' 10.00' 10.00' 10.00' 10.00' 10.00' 10.00' 10.00· 10.00' C20 Cl9 Cl8 Cl7 Cl6 Cl5 Cl4 Cl3 Cl2 CII
!-"
"'
0 o_
,z.
::::i 0
0 --
tj,"
"' %
f"
0 '4:ol "c o_
I 0
I ,;
l 6.00'
' I. _2.95! 4.(X)
N 83° 571
40 11 E
I_,, -
<» '
,,.0 t 1' ·o
-270?
~-
"°-2 t) CORNER 11A11
,,_

MARLENE STREET CONDOMINIUMS

A CONDOMINIUM SUBDIVISION
LYING IN LOT 31 OF THE

YOKAYO RANCHO

CITY OF UKIAH, COUNTY OF MENDOCINO

STATE OF CALIFORNIA
FEB. 1985
CASE
DRAWER
SHEET 3 OF 4 PAGE ___ b_/ __

Page 329 of 592 ends

~ -·---~~~,,
r r

MEMORANDUM
DATE: APRIL 25. 1986
TO: CITY MANAGER
FROM: DIRECTOR OF PLANNING
SUBJECT: FINAL SUBDIVISION MAP NO. 82-85 MARLENE STREET CONDOMINIUMS On June·-2J ·1982· the City-€ouncfl- approved the--tentative subdivision-map for a 20 unit condominium conversion project at the southern terminus of Marlene Street. The developer has completed the necessary improvements and submitted the final map and the C.C. & R.'s. All conditions of the tentative map have been completed. The Planning Commission, at their April 9, 1986 meeting• approved the final map, Council approval is now appropriate. Staff concurs with the Commission's action and recommends approval of the map.

Attached ~for the City Council's information is a copy or:

1. 2.

3. Resolution for adoption. .

Excerpt of April 9, 1986 Planning Commission meeting minutes.

April 1, 1986 Planning Commission staff report.

RECOMMENDATION: Reco11DDend that the City Council adopt resolution approving .~Final Map for Marlene Street Gondominiums.
• _ Respectfully submitted,
~~ Michael F. Harris
Director of Planning
MFH:bj
·- ·

Page 330 of 592 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 85-29

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UKIAH AMENDING OPEN SPACE AND AMENITIES OF
TENTATIVE SUBDIVISION MAP NO. 82-85

MARLENE STREET CONDOMINIUMS
WHEREAS, the Planning Commission has considered and recommended approval of modifications to the location and types of amenities within Tentative Subdivision Map No. 82-85, Marlene Street Condominiums, and WHEREAS, the City Council approved Tentative Map No. 82-85 (Resolution No. 82-73) on June 2, 1982, and
WHEREAS, the proposed tennis court will not serve the majority of the project tenants whereas open turf area will, the new location of the pool will be more convenient to the tenants and the open parking is safer.

NOW THEREFORE, BE IT RESOLVED that the tennis court is eliminated from the map and replaced by open turf, the 20 uncovered parking spaces are located with a one-way drive and the swimming pool is relocated to the southwestern portion of the project, all as shown on Attached Exhibit A.

PASSED AND ADOPTED this 3rd day of October, 1984 by the following roll call vote:

AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers NOES: None
ABSENT: None
ATTEST:
~/
_,./
~"-,C _
CI

Page 331 of 592 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 86-5

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

UKIAH EXTENDING THE TENTATIVE SUBDIVISION MAP
NO. 82-85 FOR MARLENE STREET CONDOMINIUMS
WHEREAS, the City Council and Planning Commission approved Tentative Subdivision Map No. 82-85 for the Marlene Street condominiums, and WHEREAS, the applicant has requested a time extension to allow filing a final map for this project, and
WHEREAS, the State Subdivision Map Act allows extensions of up to three years, and
WHEREAS, the developer has pursued completion of the project in an appropriate manner,
NOW, THEREFORE, BE IT RESOLVED, that the time for filing the final map for Marlene Street condominiums in compliance with Tentative Map No. 82-85 is hereby extended until June 2, 1986.

PASSED AND ADOPTED this 7th day of August
roll call vote:

AYES: Councilmembers Henderson, Kelley and Mayor Myers
NOES: None
ABSENT: Councilmembers Kier and Hickey
, 1985 by the following
MAYOR
ATTEST:

CirrCLERK

Page 332 of 592 ends

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. 86-42

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF UKIAH APPROVING FINAL MAP FOR

MARLENE STREET CONDOMINIUMS
WHEREAS, on February 13, 1980 Use Permit No, 80-40 for a 20 unit condominium conversion project was approved by the Planning Commission, and WHEREAS, on June 2, 1982 Tentative Subdivision Map No, 82-85 for the same project was approved by the City Council, and
WHEREAS, the Planning Commission has considered and recommended approval of the Final Map for the Marlene Street Condominiums with conditions being consistent with the adopted Tentative Map, and
WHEREAS, the Director of Public Works reports that the City of Ukiah has sufficient wastewater treatment capacity to handle wastewater from this project without violation of the Water Quality Control Board Standards.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the Final Map (Exhibit A) for the aforesaid project is approved subject to the conditions noted in this resolution and on the map and conditions of approval of Use Permit No, 80-40, and the Mayor and City Clerk are authorized to sign said map.

PASSED AND ADOPTED this 7th day of May, 1986, by the following roll call vote:

AYES: Councilmembers Henderson, Kier, Hickey, Kelley, and Mayor Myers NOES: None
ABSENT: None
MA OR

Page 333 of 592 ends

MEMORANDUM
DATE: APRIL 1, 1986
TO: PLANNING COMMISSION
FROM: DIRECTOR OF PLANNING
SUBJECT: MARLENE STREET CONDOMINIUMS

FINAL SUBDIVISION MAP/COVENANTS,

CONDITIONS AND RESTRICTIONS
RECOMMENDATION: Recommend to the City Council approval of the Final Subdivision Map and the Covenants, Conditions and Restrictions (C.C. & R's.) for the Marlene Street Condominiums.

ZONING: P.D., Planned Development Zoning District.

GENERAL PLAN DESIGNATION: Medium High Density Residential.

PROPOSAL: Applicant requests approval of the final subdivision map and the C.C. & R's for the condominium subdivision.

ANALYSIS: The final map is in compliance with the revised tentative map to convert the 20 units to condominium ownership as approved by the City Council in September 1984. Staff has included in your agenda packet those sections of the C,C, & R's relating to Planning considerations. We believe they are appropriate. Approval of both is recommended. A single motion can be made,
Attached for your information is a copy of:

1. Excerpt of the Feb, 13, 1980, May 12, 1982, and September 12, 1984 Planning Commission meeting minutes.

2. Section 4: Use Restrictions, and Section 5: Maintenance Obligations· of the C.C. & R's.

3. Final Subdivision Map and Certificate page.

Respectfully submitted,
Michael
~~ F. Harris
Director of Planning
MFH:ar

Page 334 of 592 ends

. . r - ·HON.-ACl:Nl>AED IT\1'1 -... • • • --c
REPORT rno~.! PIJ\N~lNG ccr-.~,1 SSTON m:PR1~5f:NTAT1VE TO 11\E J>,\llKINC A.UV CSORY CCN'IISSH~\J ·-------- CJydc Oakes, Pl.mning Commission representative to the Parking Advisory Comn'iission, reported on the following matters recently considered by the Parking J\clvisory Co111mission:

1. School/Seminary, Telephone lluil<ling: Parking meters a long portions of School, Onk nnd Scmln;ir)' Streets will be [ivc hcur meters to allow telephone employees to renew the meters during the noon hour.

2. Palace llotcl: P:irkin~ bcinn movc<l to allow unloading zone and one more space in front of the hot.cl on State Street.

3. Pnrk.i11g Advisor}' Com111issio:1 is considering the purchase o[ the lot at. the souLhenst corner of O,ik and Stephenson.

4. 'lhcy nr\? considering an adciibonQl parking lot on Main Street south of Perkbs.

S. They are also considering a <louble-<leck on ~he post office parking lot.

Conuni ssio!'ler Me tzler than keel Mr. Oakes for his presentation and stressed thcimportnnce of thi:; type of communication between the Planning Commission and Parking Advisory Conunission.
. . Mr. Oakes noted he would be happy to report to the Planning Commission on items of concern or answer any questions the Co,miission might have on parking problems as they atise.

Planning Director Harris advised Mr. Oakes there may be soine <lifficultics involvc::d . . with the purchase of the Nidcrost lot on the corner of Oak and Stephenson since this is the s~~c lot utilized by the building o,"1'led by Nidcrost.

USE PERMIT NO. 80-S
ARLE:'\'l: I I\JGI n;y, 602B }.I. STATE STREET
Planning Assistant Yarbrough presented the application for a renewal of a use pennit for a period of six months. 111c applicant would 1 ike to cnla.rgc an existing nonconfonning single family clwcJ.ling in a C-1 district.

PUBLIC HEARING OPENED Ai'..JD CLOSED lHTll l\10 AUDIENCE PARTICIPATION.

On a ~KlTlON hy CommissionC'r Fowle r, seconded by Co11nnissioncr Metz.ler, it-was carried by the following roll caj 1 vote to approve the extensio:1 of Use Pcnnit No. 80-5 suhjcct to ~1c followin1i conditions:
l. Starnlar<l Conditions 1· 9.

AYES: Commissioner Fo1-1lcr, Kelly, ~fctzlcr and Ch~im:m Fcntcr NOES: None
Ansrn,.,T: Commissioner Gorny, llrunburg nnd Thomas
USE PERMIT NO. 80-40
LA~C/\STER INC. :i.tARt.l '.NE S'l'Rr:Iff
Pl~mning Director Jlarris prcscntc<l the nppl ication to convert ~11 c-xi sting ~0 un i t ap:1rtmcnt complex Lo condo1ui1dLo:i units . This matter \·ms continucll rro1r- the NO\'l'rnhcl' :s, l !J:'9 u:c-ct i 11g. The Ccnera 1 Plan present 1 y tlcsii:narC's the an.':t as Mcdhuu Low D~n~ity hut the Pla11ni11u Con~ril~sion ha~ rcconnn~nd<.·d a ch:mf~C to ~blit11'1 ~HNlJll;S or UKJ,\11 C:ITY PU~~;;rnc C(H,115SJON
}';\(;i: '.

FEllRUJ\RY 13, l!>S0

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• IJit:h l~n.sity ·~1t their mc(
·f Y .Janu~ry 9, l ~S0. T_f th(,.r (" i1_1 dcnsit~ is
.f."lpprovctl hy the City Couti...tl, l.,c 11roJcd would contonn to the ucnsity requucmcnts and the proposed rev i se<l· comJomj nium or<limmcc.

PUBLIC HEARING OPE,"11;0 - 6:49 P.M.

Letha Actkinson, co•m~ner of the project, llr!,!C'<l some 3ction be taken tonight not.ing the papcno1ork lnvolye<l on the State level is very time constuuing and with nn indication or approval frrn,1 the Planning Commission she coulcl begin proceedings for the conversion. Further <lelays will increase the purchase price of the units now anticipJtc(l to be $62,500, considerably Jess tkm other two µcdro01n, 1200 sq. ft. homes for sale in the community. Hrs. Actkinson also urged the Conunission to consider more 11011 Jot line <lcvclopmcnt with higher densities an<l noted t hat with lots currcnlly sclljng for $30,000 it is impossible for persons of modest means to buy or build their own homes.

Don Van<lcnncy stated· these con<lominilnn units ~t $62,500 nrc the only opportunity for people to purchase afforcbblc housing in this area this year and noted there is nothing of a comparable nature and price available in the community.

PUBLIC HEARING CLOSED - 6:42 P.H.

Commissioner Kelly indicated she c.ould see no problem in granting the conversion for the existing units but questioned the possibility of developers buildfog apartments and then converting thcm_to condomini~1s.

Chaillllan Fenter noted all ne," construction has to meet building codes for construction and all condominiums have specific zoning code requirements which 11n.lst be met.

Mrs. Atkinson noted most of the existing ap.:irtment units in town cannot meet the .parking, storage and other specific requirements for condominium conversions.

On a t-KlTION by Commissioner Kelly, seconded by Commissioner Fowler, it was carried by the fol1011ing roll call vote to approve the Negative Declaration for Use Penni t No. 80-40.

AYES: Commissioner Fowler, Kelly, Metzler and Chainnan Fenter NOES: None
Al3SENr: Commissioner Gorny, Bamburg and Thomas
On a MOTION by Commissioner Kelly, seconded hy Commi ssioncr Metzler, it was cnrricd by the following roll call vote to approvc.- the Use Pennit No. 80-40 for Lancaster Inc. subject to the following special con<litions:

1. The City Council npprove the General Plan designation of Medium High density for the subject parcel.

2. Individual electric service be provided to C'ach unit and all wires contJinNl within the indivjdu~1l unit as specified hy the Natio1wl Electric Colic. Compliance to be inspected by the 13uil<ling Inspector prior to approval of the final map.

3. Units be inspected by the lluildinc Inspector for compliance to the Unifonu Building Code .is it relates to con<lo111lniluns.

4. /\dclitional paving or sidewalk for tum-around areas be provided on the cast sjcJc of the carports and the R-V storage arc-a.

S. 1110 name of the street (Ooolin Court) us shown on the site plan be changed to Marlene Court .

6. Tcntntivc m:ip an<l nnnl m~p to he filc<l to approval of the C.ity Engineer.

7. 8idcwaJks to be installc<l to the approval or the D.ircctor of PubUc \\'orks.

8. Co111pktc lan<lsc.:api11~ pl(lll ht' sulimittc<l for the approval of.the Director of PJ;11111ing prior to pl:a:emcnt. Sahl plan to lncludc extensive. lm1<lscaping adj;1ccnt to the frcm-1ny.

Ml~Ul'ES OF UKIJ\11 CITY PIJ'u'-iNlt-:G Cll'-NISSJ()N Fl:IIRUAHY B, l!>HO l'Al;F ,

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9. The ,locntion of tC ~ 1cyh:11l court an<l the croque(r · t·t be reversed nllowing for more h, , • 1.a,,dscapjn1! nl ong the frc-e1,.i ... •

10. J.nndsc.1ping he maintaine<l by an alltomatctl spdnklcr system.

AYES:

I ~9.r:s:
~ENT:

Convnissioncr Fowler, Kelly, Metzler anc.1 Chairman renter None
Commissioner Gorny, llamburg ancl 1homas
VARTA.'.:CI: NO. 80-S2
FIRST NATTONAL Bf\:\JK OF rn:NDOCINO Cat.Nii'
225 N. ORCiwm AVf:~1JE
Planning Director -Harris explained this variance from the Sign Ordinance hnd been discussed at the last meeting an<l continuc<l at the rC"qucst of the applicant. The Bank would like to place a second sign on the Orchard Avenue (west) sjde of the building. Stnff feels that the entrance on the south w.:ill constitutes the frontage, thus a sign has been allowed on the south face of the building and none on the west wall.

PUBLIC HEARING OPENED - 7: 02 p .. m.

Conrad Cox, attorney representing First National Bank, spoke on behalf of the applicant and urged a sign be allowed on the Orchard Avenue si<le also. Mr.

Cox referred to the sections of the Sign Ordinance which arc var;ue and noted case law docs not restrict the definition of frontage to that building face with an entrance. He listed examples of various businesses along Perkins Street and in the shopping center which have multiple signs or signs on two sides of the buildings. To be consistent ,dth past actions, the First National Bank should also be allowed signs on two sides. Ile noted the bank's largest frontage is actually on Orchard Avcnue·and accordfog to the description in the ]ease it fronts on Orchard. He fce~s staff's interpretation thnt tho main entrance constitutes frontage is in error an<l to say a second sign on OrcharJ is nonconforming is a staff interpretation of a vague ordinance.

Don VandeTTlley agreed this section of the Sign Orlinance is vogue and asked for • clarification since he may wont to construct nddi tional signing for the_ John Maudlin building, technically with three frontages, in th~ ne.:ir f1.1ture.

PUBLIC HEARING CLOSED - 7:20 p.m.

Planning Director llorris explained several of the businesses with multiple signs ,arc non-conforming and have been notified their signs arc to be removed by 1981.

Several others have put up si!!nS wHhout nppl)1 jn~ for sign pennits nnd due to the lack of staff, cn(orct~ment is hnpossiblc. ~Ir. llarri.s also noted a recent City Attorney intcrpretaUon mode durin!! consjdcration of the O1·chnn.l Pl.11.n shopping center which <letcnnj ned that a frontage h ,-1hcrc a business has its entrnncc.

Commissioner ~1etzlcr exprcsseu both sympathy to the applicant and oppositfon to portio1,s of the existing Sign Or<linancc but Celt approval o( this variance would not be in conforJ11ancc to the Ordinance. As Plannjng Commissioners it is their duty to uphold the or<linuncc regardless of their personal opinfons :md to approve the v.triancc m:iking this sign non-confonn.ing would subject the bank 'to possible Cin~s in 1981.

MT~UIT:S 01: UKI/\11 ClTY J>J..ANNINC. ca-~.n ss HI~!
PJ\GE 4
FJ;BRUARY 13, 1.19S0

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SINGLE FAi1Il:'t' RESIDENTIAL DISTRICT TO R-3. GENERAL
MULTIPLE RESIDENTIAL DISTRICT; GENERAL PLAN CONSISTENCY It was the consensus of the Commission to approve Zone Change No. 82-98.

Washington North, from R-1, Single Family Residential District to R-3, General Multiple District for General Plan consistency.
-·--·-- "7fr.---ZONE-CHANGE·· NO;-82- 99 ; -BEACON WAY.• -FROM-C-2 ;- HIGHWAY COMMERCIAL- - - AND RESTRICTED INDUSTRII\L DISTRICT TO R-1, S 1NCLE FAMILY RESIDENTIAL DISTRICT; GENERAL PLAN CONSISTENCY
It was the consensus of the Commission to approve Zone Change No. 82-99 • Beacon Way. from C-2, Highway Commercial and Restricted Industrial District to R-1, Single Family Residential District for General Plan consistency.

On a MOTION by Commissioner Kelley, seconded by Commissioner Ivey, it was carried by the following roll call vote to continue consideration of Zone Change No. 82-90, Waugh East/Gobbi-Cooper and Zone Change No. 82-92, Waugh-Betty/So. Marlene-Talmage to September 22, 1982 and to approve Zone Changes 82-91, 82-93, 82-94, 82-95, 82-96. 82-97. 82-98 and 82-99 as previously noted:

AYES:

NOES:
'ABSENT:

Commissioner Ivey. Kelley, Thomas, Vander Mey, Chairman Metzler None
Commissioner Fenter, Velardi
Commissioner Vander Mey suggested that Washington North is an appropriate area for higher density and should be reconsidered under General Plan Amendment C.

No action was taken.

SUBDIVISION MAPS
6A. SUBDIVISION NO. 82-85, LANDCASTER CONSTRUCTION
COMPANY, 960-979 HARLENE STREET
Planning Director stated the Planning Commission in February• 1980 approved the Use Permit to create a 20 unit condominium project but the use permit could not become effective until the General Plan Amendment had been adopted.

Staff recommends approval of the Tentative Subdivision Map with conditions.

Letha Actkinson stated that she has notified all tenants of the proposed condominium conver~ion.

Bill Smith, 974 Marlene, stated, as a tenant, he had been told when he rented his apartment of the condominum conversion; he expressed concern \lith the shortage of apartments in the Ukiah area and noted the lack of landscaping and that laundry facilities were not kept up in the subject apartment complex.

Mrs. Actkinson stated that any landscaping would be taken care of by the homeowners association.

Mr. Smith referred to Doolin Creek and children playing in the Creek and felt a fence should be required. Mrs. Actkinson stated a rear fence will be constructed with the project.

MINUTES OF UKIAH CITY PLANNING COMMISSION
PAGE 8
MAY 12, 1982
:

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-. -
,
- Commissioner Vander Hey felt the pool was located too far from the units without the provision of bathrooms. Mr. Smith stated he would rather have the pool further away from the units from the standpoint of noise and would not mind walking the distance.

Commissioner Thomas made a motion to approve Subdivision Map 82-85 but it died for lack of a second. --- -
Commissioner Vander Mey asked if the pool would be fenced? Hrs. Actkinson stated it is required.

On a MOTION by Commissioner Vander Hey, seconded by Commissioner Thomas, it was carried by the following roll call vote to npprove Tentative Subdivision Nap 82-85, Marlene Street Condominiums subject to the following conditions:

1. Complete landscaping plan be submitted for approval of the Director of Planning prior to placement, said plan to include extensive landscaping adjacent to freeway.

2. Landscaping be maintained by an automated irrigation system.

3. Sidewalks and other necessary street improvements be completed to the approval of the City Engineer for the full street•frontage of the property.

4. Additional paving for turn around/backing area be provided at the east side of the carports and R.V. storage area.

5. Units be inspected by the Building Official for compliance with the Uniform Building Code as it relates to condominiums.

6. Electrical facilities to be taken from existing panel.

7. At least two street lights be provided along the length of the property at the owner's expense.

8. The water and sewer lines indi~ted on the m~p at the northern end of the project and near the barbecue area be capped off at owner's expense, if not to be utilized for the development.
9, Capital Improvement Fees to be paid to the approval of the Director of Pub lie Works.

10. All onsite drainage that currently flows to the freeway be contained and be taken to the creek to the approval of the Director of Public Works.

11. Dedication of an easement along the south property line for maintenance of the creek to the approval of the Director of Public Works.

AYES:

NOES:

Commissioner Ivey, Kelley, Thomas, Vander Mey, Chairman Metzler None
ABSENT: Commissioner Fenter, Velardi
Planning Director stated he would pass along Mr. Smith concerns regarding the creek to the Public Works Department for security precautions.

COUNTY REFERRALS
7A. COUNTY REFERRAL UR 18-82, FRANK TUNZI, TO
REZONE PROPERTY FROM C-1 TO C-2
MINUTES OF UKIAH CITY PLANNING COMMISSION MAY 12, 1982

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r,:-- PUBLIC HEARINGS
A. Request for amendment of Use Permit No. 80-40, Marlene Street Condominiums, requesting elimination of proposed tennis court in favor of developing 11 op<m space" area, l ocated at the southerly terminus of Marlene Street, zoned PD
Amendment to Tentative Subdivision Map for Marlene Street Condominiums, replacing tennis courts with open space area Planning Assistant stated the propos:11 is to substitute a multi-purpose turf area in lieu of the tennis court area. The open space area can be enjoyed by all of the tenants of the complex whereas the tennis court would probably only benefit a few. The croquet court, volleyball court and swimming pool will still be constructed. Parking meets_the code.

Staff recommends approval.

PUBLIC HEARING OPENED - 7:03 P.M.

Bill Townsend, 24 Lorraine Street, stated he feels the area needs more parking and would prefer the tennis courts constructed as planned. He also expressed concern as to the possibility of more development occurring on the property.

Victor Lopes, architect for the project, displayed a color rendition of the site plan with the proposed changes and explained the reason for changes from the original site plan. He noted the tenants and prospective buyers desired the open area rather than tennis courts.

Mr. Lopes was questioned as to developer's having plans to construct more units on the property and his response was that ~e was not aware of plans for further development.

PUBLIC HEARING CLOSED - 7:19 P.H.

ON A MOTION by Commissioner Mason, seconded by Commissioner Schneiter, it was carried by the following roll call vote to approve the revised development plan dated September 12, 1984 for Use Permit No. 80-40 with the condition that:
l. Lawn area be landscaped and automatic irrigation system be installed. :

AYES: Commissioners Geronzin, Knutson, Mason, Redding, Schneiter, and Chairman Ivey
NOES: None
ABSENT: Commissioner Mastin
ON A MOTION by Commissioner Mason, seconded by Commissioner Schneiter, it was carried by the following roll call vote to approve the amendment to Subdivision Map for Marlene Street Condominiums to reflect the change in the open space area.

MINUTES OF OTHE PLANNING COMMISSION
PAGE 2
SEPTEMBER 12, 1984

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Draft Findings
Minor Subdivision & Rezone
960-979 Marlene Street;
APNS 003-100-24 - 003-100-437
File No: 19-4992
1 ATTACHMENT 2

DRAFT FINDINGS

REZONE & MINOR SUBDIVISION
960-979 MARLENE STREET;
APNS 003-100-24 - 003-100-437
FILE NO: 24-9277
The following findings are supported by and based on information contained in the Staff Report, the application materials and documentation, and the public record.

In accordance with applicable provisions of law, the Planning Commission held a public hearing on August 18, 2024, at which time the Planning Commission heard and received all relevant testimony and evidence presented orally or in writing regarding the Categorical Exemption, and the Project. All interested persons were given an opportunity to hear and be heard regarding the Categorical Exemption and the Project.

The Planning Commission has had an opportunity to review these application and staff materials and finds that it accurately sets forth the intentions of the Planning Commission regarding the Categorical Exemption and the Project, based on the evidence and findings below:

1. The proposed Tentative Parcel Map, as conditioned, complies with the requirements of the City of Ukiah Municipal Code, Division 9, Chapter 1, Article 18 and the Subdivision Map Act.

2. The parcels established because of this Minor Subdivision are consistent with the Medium Density Residential (MDR) land use designation, which already applies to the subject parcel. This designation is intended to provide land for a range of residential densities and a variety of housing types and ownerships, including townhomes, multiple family residential development, and more urban-scale density development. Given the associated acreage, the site aligns with the allowed densities and subdivision standards for the property.

3. The proposed Minor Subdivision and Tentative Map, as conditioned, complies with the requirements of the Medium Density Residential (R-2) zoning district. In Medium Density Residential (R-2) Districts there is no required building site area.

4. The Minor Subdivision and Tentative Map will create two lots which are appropriate for the surrounding area and land uses based on the following:
a. Proposed parcels and use are consistent with the requirements of the Medium Density Residential (R-2) zoning district.
b. Proposed parcels will have access directly onto a public street and utilities are available to serve the site.
c. Proposed parcels will be located within a developed residential area, surrounded by residential development or similarly zoned parcels.

5. The site is located within the general Airport Influence Area and is located within Compatibility Zones 3 & 6. As such, the project is not subject to review by the Airport Land Use Commission (ALUC), as the property does not request adoption or approval of any new general plan or specific plan or any amendment thereto that affects lands within the Airport Influence Area. The project was referred to the ALUC on April 17, 2024, but no follow-up response or additional actions were required by ALUC Staff.

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Draft Findings
Minor Subdivision & Rezone
960-979 Marlene Street;
APNS 003-100-24 - 003-100-437
File No: 19-4992
2 Public Notice. A notice of public hearing was provided in the following manner:
• Mailed to neighboring property owners on August 16, 2024 • Posted on the subject project parcel on August 16, 2024 • Posted in the glass case located at 300 Seminary Avenue on August 16, 2024 • Published in the Ukiah Daily Journal on August 18, 2024

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ATTACHMENT 3

DRAFT CONDITIONS OF APPROVAL

REZONE & MINOR SUBDIVISION
960-979 MARLENE STREET;
APNS 003-100-24 - 003-100-437
FILE NO: 24-9277
Approval is granted for the Minor Subdivision and Rezone based on the application submitted to the Community Development Department received March 14, 2024, and as shown on the Tentative Map dated February 26, 2024, contained therein, except as modified by the following Conditions of Approval:

City of Ukiah Special Conditions

1. All fees related to the Minor Subdivision application must be paid prior to the final approval and the recordation of the Parcel Map.

2. Prior to issuance of building permits, a copy of the recorded Parcel Map shall be provided to the Community Development Department.

3. An address assignment or address change application shall be submitted to the Community Development Department.

4. Future proposed development will be subject to Community Development Department review and will require additional planning and building permits.

5. All covered parking spaces converted to storage shall be restored as ‘Parking Spaces’ and all future spaces proposed shall be reviewed for circulation and access considerations with regard to Parcels 1 & 2 to ensure that a minimum of one space per unit is provided.

6. In the event that prehistoric archaeological features such as a concentration of flaked stone artifacts, or culturally modified soil (midden) or dietary shell are encountered at any time during preparatory grading or underground excavation to remove existing structures, all work should be halted in the vicinity of the discovery. A qualified archaeologist should be contacted immediately to make an evaluation and determine if the discovered material represents a definite cultural resource. If it is determined that a potentially significant feature has been revealed, a temporary suspension of earth disturbing activities should be enforced until an appropriate mitigation program can be developed and implemented to satisfy the Planning Division. An archaeological monitor shall observe all further work during construction activities that are located within or near an archaeological site area, and formal tribal consultation may be required.

City of Ukiah Standard Conditions

7. This approval is not effective until the 10-day appeal period applicable to this Minor Subdivision Map has expired without the filing of a timely appeal. If a timely appeal is filed, the project is subject to the outcome of the appeal and shall be revised as necessary to comply with any modifications, conditions, or requirements that were imposed as part of the appeal.

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

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9. In addition to any particular condition which might be imposed; any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, rules, regulations, and ordinances in effect at the time the Building Permit is approved and issued.

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

Public Works Department Conditions

11. Each parcel shall be served individually upon the development of the parcel with appropriate public utilities required for the type of development within the parcel.

12. Prior to construction of site improvements, a final grading and drainage plan, and an erosion and sediment control plan, prepared by a Civil Engineer, shall be submitted for review and approval by the Department of Public Works. The plan shall include the detailed design of post-construction storm water best management practices (BMPs) in compliance with the City of Ukiah’s Phase I Storm Water Permit and the Low Impact Development Technical Design Manual (LID Manual), in effect at the time of development. A Standard Urban Storm Water Mitigation Plan (SUSMP) shall be provided to support the design of the proposed drainage system.

13. All parcels of the proposed subdivision are subject to payment of park fees pursuant to City Code Section 8400 et seq. of Article 21 “Park and Recreation; Dedication; Reservations; Fees.” Note that park fees are applicable to residential development.

14. The tentative map shall expire twenty-four (24) months from the date of its approval or conditional approval unless extended in accordance with the City of Ukiah Subdivision Ordinance and the Subdivision Map Act.

15. A Parcel Map shall be prepared and submitted to the City Engineer for review and approval, along with payment of all parcel map processing and review fees and shall be prepared and recorded in a manner consistent with Ukiah Municipal Code requirements.

16. The Parcel Map submitted for recordation shall include all necessary easements or such easements shall be recorded by separate instrument, if deemed necessary.

17. All taxes now due, or past due, must be paid prior to the approval of the Parcel Map.

Electric Utility Department Conditions

18. All future site improvements shall be submitted to the COU Electric Utility Department for review and comment. At this time, specific service requirements, service Voltage and developer costs and requirements will be determined when proposed.

19. The newly proposed 'Parcel 1' does not currently have a COUEU connection. This parcel will have to be fed underground for any site improvements that require an electrical connection.

This will require trenching, possibly across a roadway.

20. Developer is to provide EUSERC approved electrical equipment that is to be used on this project. The COU EUD EUSERC acceptability chart shall be provided to customer. EUSERC does not allow source and load power (Metered and Un-Metered) to comingle in the same space.

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21. Developer shall provide projected load calculations and detailed single line diagrams to the EUD.

22. Developer/customer shall incur all costs of this future project to include (labor, materials, equipment, engineering, and future services fees, and permit/meter fees).

23. There shall be an easement provided to the EUD for any electric service that transverses through the property or around any City owned Electric equipment.

24. If a future project includes solar, the size of the system may require a solar study before energizing. Interconnection shall not occur until study has been completed. There will be a fee for the solar study that is determined by the size of the proposed system.

THIS DIVISION OF LAND IS DEEMED COMPLETE WHEN ALL CONDITIONS HAVE BEEN

MET, AND THE APPROVED PARCEL MAP IS RECORDED BY THE COUNTY RECORDER

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Attachment 4

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PROJECT REVIEW REFERRAL
Please provide comments by: May 1, 2024
The City of Ukiah Community Development Department is soliciting input on the project described below for use in the staff analysis, CEQA document, and public hearing documents. Please identify any questions you have or missing information you need to complete your review, as well as suggested Conditions of Approval.

TO:

X City of Ukiah - Community Development Director, Craig Schlatter X City of Ukiah - Building Inspection & Fire Prevention Divisions, Matthew Keizer X City of Ukiah - Electrical Utility Department, Cindy Sauers; Scott Bozzoli; Sonu Upadhyay, Kahli Johnson X City of Ukiah - Public Works Department, Tim Eriksen; Jason Benson X City of Ukiah - Airport Manager, Greg Owen
X City of Ukiah - Housing Division, Jim Robbins
X City of Ukiah - Police Department, Cedric Crook; Rick Pintane; Max Brazill X County of Mendocino – Department of Planning & Building Services, Planner of the Day X County of Mendocino – Airport Land Use Commission, Steven Switzer X California Department of Fish & Wildlife – Northern Region X California Department of Transportation – District 1
FROM PROJECT PLANNER: Jesse Davis, Chief Planning Manager PROJECT INFORMATION:

Project Name & Permit #: Marlene Street Minor Subdivision & Rezone #24-9277 Site Address & APN: 960 – 979 Marlene Street; (APNs 003-100-24/43) General Plan: MDR (Medium Density Residential)
Zoning: PD (Planned Development; #14 Marlene Estates)
Flood Hazards: Doolin Creek (Floodway; Special Flood Hazard Areas) Airport Compatibility Zone: Zone 3 (Inner Turning Zone); Zone 6 (Traffic Pattern Zone) Date Filed: 03/14/2024
Date Referred: 04/16/2024
Prev. Projects on Site Subdivision No. 82-85; Use Permit No. 80-40 Applicant/Agent Name: Marcia Morgan Lazaro; 707-972-4204; [email protected] Project Summary: On March 14, 2024, a request for a Minor Subdivision of an existing 2.30± acre lot into two (2) parcels was submitted to the Community Development Department. As proposed, Parcel 1 would be 1.23± acres in size and retain the twenty (20) existing residential units, as well as the off-street parking structures, recreation improvements, and accessory buildings. Parcel 2 would be 1.07± acres in size and would include the existing uncovered parking area, driveway, fencing and lawn-area. Presently, no new development is proposed for either Parcel 1 or Parcel 2. In addition to the minor subdivision, the Applicant requests a Rezone of the property from Planned Development (PD) – Marlene Estates to Medium Density Residential (R2), aligning the property with the existing MDR (Medium Density Residential) general plan land use designation, thereby clarifying future development and allow for use of considerations like the City’s Objective Design & Development Standards.

Background: On February 13, 1980, the Ukiah Planning Commission approved Use Permit No. 80-40 allowing for a condominium conversion project. On June 2, 1982, the City Council approved Minor Subdivision No. 82-35, allowing for the condominium subdivision. On October 3, 1984, the Tentative Map was amended to relocate or replace required recreational improvements. Ultimately, after receiving an extension, the City Council adopted the final map on May 7, 1986, after all improvements were finalized and the associated covenants, conditions, and restrictions provided to Staff.

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Please indicate whether you have comments and sign and date below. Return this Project Referral Form by the date noted above to the Project Planner listed.

Name and Affiliation/Department (please print) _____________________________________________________ ☐ No Comment
☐ Comments / Conditions of Approval Attached
Signature Date
Comments / Conditions of Approval:

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TERRA NOVA PLANNING & RESEARCH, INC.®
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800

MEMORANDUM
TO: Jesse Davis
Chief Planning Manager
FROM: Kelly Clark
Senior Planner
DATE: August 19, 2024
RE: CEQA Categorical Exemption, Marlene Street Condominiums Minor Subdivision and Rezone
Introduction
Terra Nova Planning & Research has undertaken a comprehensive review of the proposed Minor Subdivision and Rezone associated with the Marlene Estates Condominiums to determine whether the Project qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA). The City has preliminarily determined that the Project is exempt as allowed by CEQA Guidelines Section 15301, Class 1, Existing Facilities and Section 15315, Class 15, Minor Land Divisions. The purpose of this technical memorandum is to determine whether the exemption is appropriate in this case.

Project Location
The Marlene Estates Condominiums are located at 960-979 Marlene Street on a 2.3-acre site in the City of Ukiah. The northeastern 1.07 acres of the site includes an open space area and uncovered parking for the condominiums. (See Figure 1). The site is bordered by multi-family residential to the north, U.S. Route 101 and active agricultural fields to the east, single-family residential and a vacant field to the south, and single-family residential to the west. (See Figure 2)
Project History
The site is currently zoned Planned Development – Marlene Estates Condominiums (PD) with a General Plan land use designation of Medium-Density Residential (MDR). While it is a Planned Development, it is not subject to the Marlene Estates Planned Development #14, as it predated that approval. The Approval of Use Permit No. 80-40, SDP No. 80-42 included construction of 20 apartment units and a tennis court. Subdivision No. 82-85 and Use Permit modified Use Permit No. 80-40 for conversion of the 20 apartment units to individual condominiums existing today at 960-979 Marlene St. While the approval of the condominium subdivision was deferred until 1986, various resolutions extended and amended the development, including Resolution Number 85-29, which amended open space amenities by removing the proposed tennis court and adding a pool, as well as requiring the open-space area to be irrigated and landscaped Attachment 5

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CEQA Technical Memorandum – Marlene Street Condominiums August 2024

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Figure 1: Project Site Vicinity
Figure 2: Project Site

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CEQA Technical Memorandum – Marlene Street Condominiums August 2024

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Project Description
The 2.3-acre Project site is currently developed
with 20 condominiums, a shared swimming pool,
parking, and open space common areas, which
occur primarily on the southern half of the parcel.

The applicant is requesting a Minor Subdivision
and Rezone of the site.

The Minor Subdivision would subdivide the 2.3-
acre site into two parcels. As proposed, Parcel 1
would be 1.23 acres and retain the existing
condominiums, as well as the off-street parking
structures, recreation improvements, and
accessory buildings associated with those units.

Parcel 2 would be 1.07 acres and include the
existing uncovered parking area and its driveway,
fencing and open space lawn area.

The applicant also requests to remove the associated Planned Development combining zone, which was originally assigned in 1980 per Use Permit No. 80-40. Removal of this combining zone would align the property with the existing MDR (Medium Density Residential) land use designation. The R-2 zone would align with the undeveloped R-2 zoning designated parcels to the south and would be appropriate given the underlying land use designations of adjacent properties to the north and west.

No new development is proposed at this time.

General Plan Conformance
The property maintains a Medium Density Residential General Plan Designation, which is intended to provide land for a range of residential densities and a variety of housing types and ownerships, including townhomes, multiple family residential development, and more urban-scale density development. The designation features a minimum density of 15 du/ac and a maximum density of 28 du/acre. Per the Ukiah 2040 General Plan, this housing, which lies between the low end of Medium Density Residential (MDR - 1-14 units/acre) and the high end of High Density Residential (HDR- 1-28 units/acre) is often referred to as “Missing Middle” housing and can include a mix of housing types including duplexes, triplexes, fourplexes, cottage courts/clusters, and townhomes.

It is notable that the subject property has maintained a Medium Density Residential Designation since the early 1980’s.

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CEQA Technical Memorandum – Marlene Street Condominiums August 2024

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CEQA CATEGORICAL EXEMPTIONS
The California Environmental Quality Act (CEQA) requires that the City evaluate the potential environmental effects of proposed development projects and other major land use actions. CEQA Guidelines section 15300 et. seq., describes Categorical Exemptions, which are projects that have been determined not to have a significant effect on the environment and which are, therefore, exempt from the provisions of CEQA and its requirements for the preparation of environmental documents.

Exemption Analysis
There are two Categorical Exemptions that cover the type of project currently proposed:

Class 1 and Class 15. The Project technically meets the key considerations for the Class 1, Existing Facilities Categorical Exemption, which allows for the negligible or no expansion of use. In addition, Class 15, Minor Land Divisions, allows for the division of property in urbanized areas zoned for residential use so long as the property is divided into four or fewer parcels and is in conformance with the General Plan.

The following discussion considers and analyzes these exemptions in relation to the Project.
15301. EXISTING FACILITIES
Per CEQA Guidelines Section 15301, Class 1 categorical exemption reads as follows:
“Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The types of “existing facilities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of use.

Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
(b) Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes); (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood;

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(e) Additions to existing structures provided that the addition will not result in an increase of more than:
(1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or
(2) 10,000 square feet if:
(A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and
(B) The area in which the project is located is not environmentally sensitive. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices;
(g) New copy on existing on and off-premise signs;
(h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides, as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code);
(i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources; (j) Fish stocking by the California Department of Fish and Game; (k) Division of existing multiple family or single-family residences into commoninterest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt; (l) Demolition and removal of individual small structures listed in this subdivision:
(1) One single-family residence. In urbanized areas, up to three single-family residences may be demolished under this exemption.
(2) A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished.
(3) A store, motel, office, restaurant, or similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use.
(4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
(m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources.
(n) Conversion of a single family residence to office use. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste.
(p) Use of a single-family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code.”

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The proposed Project is consistent with the definition of a Class 1 exemption because it consists of a Minor Subdivision and Rezone of a property involving no expansion of existing use. The Rezone would align the site’s zoning with the existing General Plan land use designation, providing for the for use of allowances in the R-2 zone, and including the City’s Objective Design & Development Standards. No development is proposed at this time, and future development would require additional permits and be analyzed on a project level basis for consistency with MDR land use policies and R-2 development standards.

The existing condominiums occurring on the south half of the property will not be modified or demolished, but will remain in their current use. The density allowed under the Marlene Estates Planned Development and the R-2 zone are consistent for this parcel, and no increase in density or intensity is proposed. The division of the site into two parcels does not impact the density allowed under the General Plan’s Medium Density Residential designation, which allows 15 to 28 units per acre. The Rezone allows up to 15 units per acre for both the existing units on the south parcel, and the land included in the northern parcel.

The division of the two parcels could allow additional units on the northerly parcel in the future, but as described above, would require additional analysis at the time a specific project is proposed. Significantly, additional development on this northerly parcel is allowed under the General Plan’s Medium Density Residential designation, and its Rezone brings consistency between the General Plan and the Zoning ordinance, in conformance with the requirements of State law.
15315. MINOR LAND DIVISIONS
Per CEQA Guidelines Section 15315, the Class 15 categorical exemption reads as follows:
“Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope greater than 20 percent.” The Project is consistent with the definition of the Class 15 exemption because the proposed Minor Subdivision would divide the site into two parcels (less than four), and the proposed Rezone is consistent with the Medium Density Residential General Plan Designation the property has maintained since the early 1980’s. No variances or exceptions are requested. All services and access to the parcels are currently available to the site, and the site was not involved in a division of a larger parcel within the last 2 years.

The site has been previously graded and developed, is relatively flat, and does not have an average slope greater than 20 percent.

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15300.2 CEQA EXCEPTIONS TO CATEGORICAL EXEMPTIONS
CEQA Guidelines section 15300.2 establishes six (6) exceptions to categorical exemptions, listed below. Following each exception is an analysis of how it applies or does not apply to the proposed Project.

1. Location
Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant if its impact on the environment may, in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.

Applicability to the proposed Project: The Project is subject to Class 1, Existing Facilities, and Class 15, Minor Land Divisions, and is not subject to Classes 3, 4, 5, 6 or 11.

Therefore, the Project is not subject to the location exception.

2. Cumulative Impact
All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.

Applicability to the proposed Project: There is no evidence that the Minor Subdivision and Rezone would have a significant cumulative impact on the environment. The site’s current General Plan land use designation is Medium Density Residential (MDR). The 2040 General Plan increased the density for MDR to 15 – 28 DU/AC, while the proposed Rezone to R-2 limits the maximum density to 15 DU/AC. Based on the analysis provided in the 2040 General Plan EIR, the Project proposes a decrease in intensity of development when compared to the site’s MDR land use designation analyzed in the EIR.

Therefore, future development of the site under the R-2 zone would marginally reduce traffic, air quality and greenhouse gas emissions associated with vehicle trips analyzed in the 2040 General Plan EIR. In addition, impacts associated with any land disturbance impact, such as biological resources, geology or hydrology, would be equivalent to those of any other development, because the site has been previously disturbed, and will be constructed upon regardless of the land use proposed should development be proposed in the future for the northerly parcel. The overall impact of the proposed Project will not cumulatively impact the environment.

3. Significant Effect
A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

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Applicability to the proposed Project: There is no evidence that the Project would result in significant impacts, nor would significant impacts be expected from the Minor Subdivision or Rezone as there is no development proposed at this time. Future development will be subject to the same standards and requirements as any project in the city. As described above, the Rezone is consistent with the General Plan designation applied to the property, which was analyzed in the General Plan EIR. The Rezone imposes a density on the low range of the General Plan designation, and therefore will have moderately lesser impacts on the environment should future development be proposed on the northerly parcel. This exception does not apply to the Project.

4. Scenic Highways
A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.

Applicability to the proposed Project: The Project site is not located on or near a state or county designated or eligible scenic route. The site is currently developed and does not contain any scenic resources such as rock outcroppings or historical resources. While the site contains trees that could be considered a scenic resource, development is not proposed at this time that would physically alter the site. This exception does not apply to the Project.

5. Hazardous Waste Sites
A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Applicability to the proposed Project: Section 65962.5 requires that the Department of Toxic Substances Control compile a list of all hazardous waste facilities, properties, disposals, release sites and abandoned sites. The Project is not located on a cleanup site according to the Department of Toxic Substances Control (DTSC) EnviroStor database.

The Project is not located on a LUST cleanup, military cleanup, or any other cleanup sites listed on the Water Board Geotracker database. This exception does not apply to the Project.

6. Historic Resources
A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Applicability to the proposed Project: The Project will not cause a substantial adverse change in the significance of a historical resource. There are no resources listed on the National Register of Historic Places on, or in the vicinity of, the subject property. There

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are also no resources listed in the California Register of Historic Resources (Built Environment Resources Directory) on the Project site or in its immediate vicinity. The existing condominiums are not considered locally historically significant. This exception does not apply.

CONCLUSIONS
As described in the above analysis, the proposed Project is consistent with the terms of Class 1 and Class 15 under CEQA Guidelines sections 15301 and 15315, respectively.

The exceptions to categorical exemptions detailed in CEQA Guideline section 15300.2 do not apply to the Project. Therefore, the Project is exempt from CEQA.

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ORDINANCE NO.

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL AMENDING THE OFFICIAL

ZONING MAP BY REMOVING THE PLANNED DEVELOPMENT (PD) DESIGNATION AND REVERTING TO THE BASE MEDIUM DENSITY RESIDENTIAL (R2) DESIGNATION AT 960- 979 MARLENE STREET; (APNs 003-100-24 - 003-100-437)
The City Council of the City of Ukiah does hereby ordain as follows:

SECTION ONE - FINDINGS AND DECLARATIONS
The City Council finds and declares as follows:

1. The Planning Commission held a public hearing to provide direction on the location of the proposed Zoning Map Amendment on September 11, 2024. The Planning Commission voted in favor of recommending that the City Council approve a proposed Zoning Map Amendment, rezoning the subject parcel from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2) (“Amendments”).

2. The 2.3-acre Project site is addressed at 960-979 Marlene Street; (APNs 003-100-24 - 003-100-437. The Project proposes to rezone the existing parcel, currently zoned as from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2). This project is requested in conjunction with a Minor Subdivision to facilitate the creation of two (2) separate parcels;

3. The Zoning Map Amendment is consistent with the findings required for adoption of an ordinance to approve a Zoning Map Amendment as required by Ukiah City Code Section 9265.

4. The Project site is surrounded by a mixture of similar residential uses or vacant land.

Surrounding land uses are a mixture of multi-family residential and transportation infrastructure. No development is proposed in conjunction with the Rezone or Minor Subdivision. Future development of the either parcel would require adherence to all R-2 zoning regulations. The Project supports General Plan goals and policies related to the use of underutilized parcels. As such, the proposed Amendments would be consistent with the City’s General Plan.

5. The site is within the jurisdictional boundary of the Ukiah Valley Fire Protection District and is otherwise provided with all required utilities and services. No development is proposed in conjunction with the requested subdivision. The Medium Density Residential land use classification establishes no minimum lot size. As proposed, each resulting lot would be greater than 1 acre, and would conform to the general plan and zoning district standards of the (R-2) district. Therefore, the proposed subdivision request is consistent with the MDR land use classification as well as other provisions of the General Plan and associated development standards.

6. Notice of the proposed Project was provided in the following manner: provided to property owners within 300 feet of the project parcels, as well as agencies and departments with jurisdiction or interest over the project on September 22, 2024; posted on the City’s webpage on September 22, 2024; published in the Ukiah Daily Journal on September 22, 2024; posted on the Project site on September 22, 2024; available to the public at the Community Development Counter on September 22, 2024, and posted at the Civic Center (glass case) 72 hours prior to the public hearing.

The City Council has considered the Amendment, attached hereto as Exhibit A, together with Attachment 6

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the recommendation of the Planning Commission to approve this Ordinance.

SECTION TWO – ADOPTION OF ORDINANCE
The Official Zoning Map for the City of Ukiah is amended to change the designation of 960-979 Marlene Street; (APNs 003-100-24 - 003-100-437) from Medium Density Residential – Planned Development (R-2: PD) to Medium Density Residential (R-2). This Ordinance incorporates the Amendments depicted in the figure attached hereto as Exhibit A.

SECTION THREE – NOTICE
This Ordinance shall be published as required by law in a newspaper of general circulation.

SECTION FOUR – SEVERABILITY & EFFECTIVE DATE

1. SEVERABILITY: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

2. EFFECTIVE DATE: This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah and shall become effective thirty (30) days after its adoption.

Introduced by title only on October 2, 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Adopted on , 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________
Josefina Dueñas, Mayor
ATTEST:
_____________________
Kristine Lawler, City Clerk
EXHIBIT A: REZONE EXHIBIT MAP, 960-979 MARLENE STREET; (APNs 003-100-24 - 003- 100-43)

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Assessors Parcels
R1 R2
CASE:

OWNER:

APN:

APLCT:

AGENT:

ADDRESS:

THIS MAP AND DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND.

DO NOT USE THIS MAP TO DETERMINE LEGAL PROPERTY BOUNDARIES µ 0 35 70 Feet
0 0.005 0.01 Miles
1:800
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Exhibit A
R2
PD #16
PD#14
File No. 24-9277
Kung, Hin Lok & Ellen
003-100-24 & 43
Kung, Hin Lok & Ellen
Marcia Morgan Lazaro
960 & 979 Marlene St, Ukiah
PD

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960-979 Marlene Street
(APNs 003-100-24 - 003-100-43)
File No. #24-9277
City of Ukiah
Department of Community Development
Planning Division
10/02/2024

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Project

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Context

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Roles & Responsibilities
City Engineer
Minor Subdivision
1 Planning Commission
Use & Site Development Permits
Provide recommendations City
Council regarding Rezones
Subdivision (Appeal Authority)
2 City Council
Rezones; General Plan
Amendments
Use Permits (Appeal Authority)
3

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Planned Developments
Within Ukiah, the purpose of the
planned development combining
zone is to allow flexibility in design
and development in order to
promote economical and efficient
use of land; to increase the level of
urban amenities; to preserve the
natural environment; and to
provide for phased completion of
development projects. It generally
provides a method for deviating
from standardized zoning
requirements to foster well
planned, creative, and quality
development. (Ord. 1005, §1,
adopted 1998)

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Overview
• Zoning
• CEQA
• Community Impact
• 2040 General Plan –
• Objective Design
• Current Use

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Recommendation
Conduct a public hearing:
• Introduce by title only
an Ordinance to
approve a Rezone from
Medium Density
Residential – Planned
Development (R-2: PD)
to Medium Density
Residential (R-2), as
well as approve a Minor
Subdivision resulting in
two (2) parcels at 960-
979 Marlene Street.

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Agenda Item No: 12.b.

MEETING DATE/TIME: 10/2/2024

ITEM NO: 2024-609

AGENDA SUMMARY REPORT
SUBJECT: Possible Introduction of an Ordinance, by Title Only, Amending and Adding Various Sections of the Ukiah City Code to More Effectively Regulate 'Missing Middle Housing' Consistent with the Land Use Element of the Ukiah 2040 General Plan.

DEPARTMENT: Community
Development PREPARED BY: Jesse Davis, Chief Planning Manager PRESENTER: Jesse Davis, AICP, Chief Planning Manager
ATTACHMENTS:

1. City of Ukiah - Land Use Element (Missing Middle Housing)

2. Planning Commission Resolution (Draft - Unsigned)

3. CEQA Guidelines Section 15183 (Findings of Significance)

4. Draft Ordinance - Missing Middle Housing-10.02.2024-Complete rev 10-2-24

5. Staff Analysis

6. 12b Presentation given at meeting.

Summary: Council will conduct a public hearing and consider introduction of an ordinance, by title only, amending and adding various sections of Ukiah City Code to update the City's regulations to more effectively regulate 'Missing Middle Housing' consistent with the Land Use Element of the Ukiah 2040 General Plan.

Background: On December 7, 2022, the City Council adopted the 2040 Ukiah General Plan, which included a Land Use Element focused on the topics of compact residential development, missing middle housing, special planning areas, infill housing, community character and design. As part of the 2040 General Plan, a goal, policies, and implementation programs were specifically included to support the development of Missing Middle Housing within existing Ukiah neighborhoods. In particular, Goal LU-9- To provide opportunities for housing that can accommodate the needs, preferences, and financial capabilities of current and future residents in terms of different housing types, tenures, density, sizes, and costs- was to guide the City's approach to 'Missing Middle' and infill development. Pertinent excerpts of the Land Use Element are included in Attachment 1.

The proposed amendments to the Ukiah City Code are strategically aligned with the Land Use Element, which emphasizes sustainable development, diversity of housing types, and economic resilience. Effectively, the density cited in the 2040 General Plan cannot be realized without changes to the development standards that restrict the use of existing residential parcels. In coordination with recent modifications to the City of Ukiah's Objective Design & Development Standards (ODDS), Accessory Dwelling Unit (ADU) policies and Lot Line Adjustment (LLA) regulations, this 'Missing Middle' update will allow individual property owners to further realize opportunities for infill residential development, thereby encouraging a heterogeneous mix of housing types and price points.

In 2022, to stimulate the production of housing and remove barriers for expedited housing production, the State enacted Senate Bill 9 (SB 9). SB 9 creates a ministerial approval process for lot splits and duplex construction on parcels zoned for single-family uses, if the project meets specified requirements. Development under SB 9 cannot demolish deed-restricted affordable housing or housing occupied by tenants in the past three years or occur in an historic district. Local governments may impose objective standards, unless they

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preclude the construction of two units or a lot split. Local agencies may require up to one parking space per unit, unless the parcel is within a half mile of a major transit stop or high-quality transit corridor (similar to ADU requirements). As part of the proposed ordinance, the City recognizes the applicability of SB 9 with regard to ministerial subdivisions by acknowledging the State Law in Ukiah City Code Section 9022(B).

On September 25, 2024, the City of Ukiah Planning Commission evaluated the proposed amendments, and provided a recommendation of approval to the City Council. The Planning Commission adopted the resolution (Attachment 2) at the conclusion of the public hearing with a vote of 3-0, with one Planning Commissioner absent by pre-arrangement. Besides minor typographical corrections, the only substantive change incorporated was the included definition, 'Multiplex'. As proposed, a 'Multi-Plex' is defined as "A detached (2 to

2.5-story) structure that consists of 5 to 12 dwelling units arranged side-by-side and/or stacked, typically with a shared entry from the street."
Discussion: The proposed amendments to Ukiah’s City Code aim to bring local regulations in line with the Ukiah 2040 General Plan, promoting more flexible and diverse housing options while maintaining the City’s commitment to sustainability and community resilience.

Key changes focus on clarifying that duplexes, a critical component of ‘Missing Middle’ housing, are allowed by right in residential zones (R1-R3), exempt from certain objective design regulations, but still restricted in airport compatibility zones. Regulations related to Supportive and Transitional Housing are also updated for consistency across zoning articles. The proposed Ordinance streamlines provisions for Low Barrier Navigation Centers (LBNCs), which serve as essential tools in addressing homelessness, allowing these facilities by right within the R2 and R3 zoning districts as suggested by State law. While originally included and approved within the R1 zoning district by the Planning Commission, Planning Division Staff now recommend that LBNCs be removed from the R1 zoning district, as they are not specifically identified for allowance by AB 101, which specifies that LBNCs are a "...use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses."
The amendments also address practical concerns like accessory carports, allowing them to extend into setbacks to optimize space for infill residential development, rather than vehicle storage. Regulations for manufactured and modular homes are simplified, aligning local rules with state standards, while new provisions for Dwelling Group - Cottage developments will encourage small-scale, clustered housing that blends with single-family neighborhoods and provides opportunities for clustered infill development of smaller residential structures.

In addition, the reduction of setbacks, lot sizes, and parking requirements is designed to facilitate the development of affordable, compact housing types such as duplexes and townhomes, allowing realization of the General Plan’s evaluated densities. The proposed amendments also incorporate SB 9, a State law that allows for the subdivision of R1 lots to accommodate small-scale, infill development, further promoting diversity in housing options.

Other proposed changes include ensuring awareness of regulations and restrictions conveyed in the Ukiah Municipal Airport Comprehensive Land Use Plan by inserting clear citation in the 'Additional Requirements' section of each Article. Additionally, by allowing “Mom & Pop” grocery stores in residential zones on a discretionary basis and allowing for more 'Professional Office' opportunities, the Ordinance provides opportunities to create more walkable neighborhoods. “Mom & Pop” grocery stores, as well as other commercial uses, are already allowed within the R3 zoning district. Finally, updates to landscaping standards will emphasize drought-resistant plants in line with the City’s sustainability goals.

Per the California Environmental Quality Act (CEQA), as evaluated in Attachment 3, there is no new information as a result of the proposed ordinance amendments that would result in more severe impacts then what was considered as part of the Ukiah 2040 General Plan EIR. A draft ordinance is included as Attachment 4 for the review and consideration of the City Council.

Overall, these amendments are strategically designed to implement the 2040 General Plan’s vision of a more

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diverse, sustainable, and resilient community, with no significant new environmental impacts identified under CEQA. A draft ordinance is included for the City Council's consideration. A fuller explanation of the proposed changes for the ‘Missing Middle Ordinance’ are included in Attachment 5 (Ordinance Analysis - Staff).

Recommended Action: Introduce, by title only, an ordinance amending and adding various sections of the Ukiah City Code to more effectively regulate 'Missing Middle Housing' consistent with the Land Use Element of the Ukiah 2040 General Plan.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: City Manager's Office; City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI):CL 5A: Update the zoning ordinance GENERAL PLAN ELEMENTS (GP): Goal LU-9 (Missing Middle) LU-9.1 Mixed Residential Neighborhoods; LU9.2 Housing Types and Designs; LU-11.10 Water Efficient Landscaping; Goal H-2 (Expand Housing Opportunity); H-2.2 (Encourage a Varietyy of Housing); Goal H-3 (Remove Governmental Constraints to Infill Housing)

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2 Land Use Element
ATTACHMENT 1

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2. Land Use Element
Policy Document | December 2022 Page 2-3
The 2040 General Plan designates land uses defining the type of development planned to occur throughout the city through the planning horizon year of 2040 (approximately 20 years).

Development projections for the General Plan were determined by analyzing vacant and underutilized parcels within the city and the realistic level of development potential based on what is allowed under the applicable land use designation factoring for known physical constraints and/or regulatory requirements, such as provisions in Division 9, Chapter 2 - Zoning of the Ukiah City Code. The development projections include the development potential of the land within the City limits as well as areas identified for future annexation. The core of the Land Use Element is the land use diagram and description of land use designations that classify and distinguish the various land uses in the City. Corresponding levels of intensity, density, and allowable uses are defined in this section, as required by Government Code Section 65302(a).

Land Use Diagram
Figure 2-1, the General Plan Land Use Diagram, shows the distribution of the land use designations allowed within the City’s Planning Area. There are a total of 16 residential, commercial, mixed-use, public/quasi-public uses and agricultural land use designations that depict the types of land uses that will be allowed within the Planning Area.

The Land Use Diagram is largely implemented through the City’s zoning regulations. Each land use designation has corresponding compatible zoning districts. Whereas the land use designations are intentionally broad, the zoning designations are more detailed and provide specific development standards, including permitted and conditional uses, building heights, setbacks, lot coverage, and parking requirements. While the Land Use Diagram guides zoning, it is not the same as the City’s Zoning Map.

Land Use Designations
Table 2-1 describes the land use designations along with their corresponding density/intensity standards using the following columns:
• Designation. This column provides the name of each designation and the acronym used when referring to the designation.
• Color. To the right of each designation name is the color that is assigned to this designation on the Land Use Diagram (Figure 2-1).
• Description. This column contains a description of the purpose and application of each designation. The City’s Zoning regulations provide further detail about uses allowed and permitted in zoning districts that implement the land use designation. Not all allowed and permitted land uses may be appropriate for specific properties due to location, adjacent uses, site-specific constraints, and other applicable General Plan policies.
• Density/Intensity Standards. This column describes allowable development density or intensity.

Designations allowing residential uses include a minimum and maximum density, expressed as dwelling units per acre (du/ac). Residential designations also include maximum lot coverage. Non-residential uses Important Note
It is common for the Land Use Diagram to be
updated over time. Please check with the
Ukiah Community Development Department
to ensure you have the current version.

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Ukiah 2040 General Plan Land Use Element

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include a maximum building intensity standards, expressed as Floor Area Ratio (FAR), which is defined below. Most non-residential land use designations also allow residential uses and include density standards as well.

Residential Density
Residential development is categorized by
allowed density range (minimum and
maximum) measured in dwelling units per
acre (du/ac). Residential density is
calculated by dividing the number of dwelling
units on the site (excluding accessory
dwelling units) by the gross acreage of the
site. The image to the right shows
prototypical examples of different residential
densities for one-acre properties.

State planning law requires general plans to
include standards for measuring population
density. Population density is determined by multiplying the maximum number of dwelling units allowed in a given land use designation by the average number of persons per household (as determined by the California Department of Finance).

Non-Residential Building Intensity
(FAR)
The intensity of non-residential development,
which can be regulated by total building size
and lot coverage, is measured by Floor Area
Ratio (FAR). FAR means the gross floor area of
a building or buildings on a parcel divided by
the area of the parcel. Floor area means the
entire enclosed area of all floors that are more
than four (4) feet above the existing or
proposed grade, measured from the outer face
of exterior walls or in the case of shared walls
from the centerline. The maximum FAR
standard limits the overall size of development
on a parcel. As an example, a maximum FAR of

0.75 would allow 75,000 square feet of building
floor area on a 100,000-square foot lot. The
75,000 square feet could be developed in one
building, or more buildings, and include one of
more stories. (Source: Land Use Alternatives Memorandum)

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2. Land Use Element
Policy Document | December 2022 Page 2-5
Designation Description Density / Intensity
Residential Designations
Hillside Residential Purpose and Application:

This designation replaces existing Rural Residential 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 single-family residential at a lower density to align with the goal of reducing development in designated High Fire Hazard Areas.

Typical Uses:
▪ Single-family detached dwellings
▪ Accessory dwelling units
Minimum Density:

N/A
Maximum Density:
1 du/ac
Floor Area Ratio:

N/A
Rural Residential Purpose and Application:

This designation allows for single-family residential development at a density of up to two units per gross acre. This designation shall be reserved for those lands that are on the fringe of the community, have already been divided into lot sizes that are one-half acre or larger, or are required to "buffer" an industrial, agricultural, or public use. Development in this category is required to connect to the City's wastewater collection system and water system. The City may also require new projects to install infrastructure, such as sidewalks, curbs/gutters, or streetlights.

Typical Uses:
▪ Single-family detached dwellings
▪ Accessory dwelling units
▪ Compatible public and quasi-public uses (e.g., churches, daycare centers, community centers, parks, and schools) Minimum Density:

N/A
Maximum Density:
2 du/ac
Floor Area Ratio:

N/A
Low Density Residential Purpose and Application:

This designation is intended to provide land for attached and detached single-family residential uses. This designation is the traditional suburban style or City neighborhood style development density. The LDR classification is for lands within the City, the Sphere of Influence, Master Plan Areas, and within Rural Communities, or large subdivisions or planned unit developments.

Typical Uses:
▪ Single family detached dwellings
▪ Mobile home parks
▪ Compatible public and quasi-public uses (e.g., churches, daycare centers, community centers, parks, and schools) Minimum Density:

N/A
Maximum Density:
15 du/ac
Floor Area Ratio:

N/A
Medium Density
Residential
Purpose and Application:

This designation is intended to provide land for a range of residential densities and a variety of housing types and ownerships, including townhomes, multiple family residential development, mobile home parks, and more urban-scale density development. Lands classified MDR shall be located within the incorporated City, Ukiah Sphere of Influence, Master Plan areas, or Rural Communities. MDR lands are intended to be located in proximity to parks, schools, and public services.

Minimum Density:
15 du/ac
Maximum Density:
28 du/ac
Floor Area Ratio:
n/a

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Ukiah City CouncilOctober 2, 2024

Ukiah City Council
October 2, 2024