Ukiah City Council
October 16, 2024

City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/87167249956 Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 871 6724 9956
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

October 16, 2024 - 5:15 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the October 2, 2024, Regular Meeting.

Recommended Action: Approve the Minutes for the October 2, 2024, Regular Meeting.

Attachments:

1. 2024-10-02 Draft Minutes

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

8. CONSENT CALENDAR

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

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

8.a. Approve A Three-Year Contract Extension/Renewal for Mimecast Email Security Suite From CompuNet.

Recommended Action: Approve the three-year agreement from CompuNet for Mimecast Email Security Suite in the amount of $190,443.

Attachments:

1. Mimecast 365 Protection Renewal 2024-2027 Annual Billing

8.b. Adoption of an Ordinance Amending the Official Zoning Map of the City of Ukiah from 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).

Recommended Action: Adopt an Ordinance Amending the Official Zoning Map of the City of Ukiah from 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).

Attachments:

1. Ordinance - Marlene Street Rezone

2. Draft Findings

3. Draft Conditions of Approval

4. Tentative Map

8.c. Adoption of 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.

Recommended Action: Adopt 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.

Attachments:

1. ORDINANCE - Missing Middle Housing

2. CEQA Guidelines (Findings of Significance)

8.d. Consideration of Approval of Reclassification of the Rate and Resource Analyst Position into a Job Series and the Unfreezing of the Assistant Electric Utility Director Position; and Approval of Corresponding Budget Amendment.

Recommended Action: Approve reclassification of the Rate and Resource Analyst position into a job series and unfreeze the Assistant Electric Utility Director position; and approve corresponding budget amendment.

Attachments:

1. Electric Rate and Resource Analyst Series Job Descriptions

2. Management Unit Salary Schedule

8.e. Consideration of Approval of Minor Reorganization of Housing and Grants Management Divisions of the Community Development Department; and Approval of Corresponding Budget Amendment.

Recommended Action: Approve minor reorganization of the Housing and Grants Management Divisions of the Community Development Department and corresponding budget amendment.

Attachments:

1. Project and Grant Administrator Job Description

2. Management Unit Salary Schedule

8.f. Consideration of Adoption of Resolution Reappointing Alyssa Ballard to the Demolition Permit Review Committee.

Recommended Action: Adopt Resolution reappointing Alyssa Ballard to the Demolition Permit Review Committee, with term to expire October 16, 2027.

Attachments:

1. Policy Resolution No. 2014-48

2. Nomination

3. Proposed Resolution

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

10. COUNCIL REPORTS

11. CITY MANAGER/CITY CLERK REPORTS

12. PUBLIC HEARINGS (5:30 PM)

12.a. Consider Adoption of a Resolution to Adopt an Initial Study and Mitigated Negative Declaration for the Construction of a 1.9-Mile Multimodal Trail Segment of the Great Redwood Trail - Ukiah (Phase 4).

Recommended Action: Conduct a public hearing; and adopt the resolution adopting an Initial Study and Mitigated Negative Declaration for the construction of a 1.9-mile multimodal trail segment of the Great Redwood Trail (GRT) - Ukiah (Phase 4).

Attachments:

1. Notice of Intent (NOI)

2. Draft Initial Study and Mitigated Negative Declaration - ISMND

3. Public Agency Comments & Staff Response

4. Draft Resolution

13. UNFINISHED BUSINESS

13.a. Council will Receive an Update on the Public Benefits Program, Consider Approving Revised Energy Efficiency Programs and Rebates, and Consider a Budget Amendment in the Amount of $30,000 for Energy Efficiency Rebates.

Recommended Action: Approve revised customer programs and rebates, and a budget amendment in the amount of $30,000 for energy efficiency rebates.

Attachments:

1. Residential-Commercial Rebates Charts

2. CARES Program Credits and Rebate Details

3. Ukiah Res DI and Comml DIY Lghtng Prgrm PSA and SOW

14. NEW BUSINESS

14.a. Consider Adopting a Resolution Authorizing the Issuance of Tax and Revenue Revolving Notes.

Recommended Action: Adopt a resolution that 1) authorizes the issuance and sale of the City of Ukiah 2024 Tax and Revenue Revolving Note in an aggregate principal amount not to exceed $10,000,000, to be sold through a direct bank placement; and 2) approves in substantially final

form the Note Purchase Agreement and authorizes the Finance Director or other authorized officers to execute the Note Purchase Agreement with Umpqua Bank N.A., and other related documents as necessary in connection with the issuance of the 2024 Notes and authorizes other related actions.

Attachments:

1. Ukiah 2024-25 Tax and Revenue Anticipation Note - Resolution_v4_2

2. Ukiah - Final Revised Term Sheet $10MM TRAN_ signed

3. Ukiah Umpqua TRAN Note Purchase Agreement 4881-2220-3627 v.3

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

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

Attachments:

1. 2024 City Council Special Assignments and Ad Hocs

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

15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (4 cases)

15.b. Conference with Legal Council - Anticipated Litigation Government Code Section 54956.9(d)(2)
Significant exposure to litigation (1 case)

15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036

15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200

15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612

15.f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-12; 180-120-15; 180-120-16
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment

15.g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment

15.h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment

15.i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units

16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies.

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

Kristine Lawler, CMC/CPMC
Dated: 10/11/24

AGENDA ITEM 6a

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/83894331689 Ukiah, CA 95482
October 2, 2024
5:15 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on October 2, 2024, having been legally noticed on September 27, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/83894331689. Mayor Dueñas called the meeting to order at 5:17 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR DUEÑAS PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Rodin.

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation of the Ukiah City Council Recognizing October as National Disability Employment Awareness Month in the City of Ukiah.

Presenter: Councilmember Sher.

Proclamation was received by Kristine Lewis, Mendocino County Office of Education.

Agenda Item 4b was continued to a later time in the meeting when the receiver would be present.

5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the September 18, 2024, Regular Meeting.

Motion/Second: Sher/Orozco to approve Minutes of September 18, 2024, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

7. RIGHT TO APPEAL DECISION
Mayor Duenas read the rights to appeal a decision.

8. CONSENT CALENDAR

City Council Minutes for October 2, 2024, Continued:

a. Consideration of Adoption of Resolution (2024-39) Approving the Destruction of Outdated Records from the Finance Department and the City Manager's Office – Administration. b. Approve Budget Amendment in the Amount of $140,000 for the Fire Department Operating Fund (105) – Finance.
c. Consideration of Adoption a Resolution (2024-40) Approving Amendments to the Current Memoranda of Understanding Between the City of Ukiah and Department Head and Management Bargaining Units – Human Resources
d. Award of Contract (2425-118) with GHD Inc. for Multimodal Transportation Study of School Street; and Approval of Corresponding Budget Amendment – Public Works. e. Approval of a Budget Amendment (2223-220-A1) in the Amount of $280,893.50 for Additional Road Reconstruction Services from Ghilotti Construction Inc., on Low Gap Road Related to the Recycled Water Project Phase 4 – Public Works.
f. Consideration of Execution of Amended and Restated Joint Exercise of Powers Agreement (2324- 162-A1) for the Ukiah Valley Water Authority and Reaffirm the Continued Appointment of Vice-Mayor Crane and Councilmember Orozco as the Two Representatives to the Ukiah Valley Water Authority - Water Resources.
g. Authorize the City Manager to Execute a Municipal Lease Agreement (2425-119) 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 (2024- 41) and Budget Amendments – Finance-Fire.

By Council request, the City Manager summarized Agenda Item 8f.

Motion/Second: Crane/Rodin to approve Consent Calendar Items 8a-8g, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:

None. ABSENT: None. ABSTAIN: None.

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Katrina Kesson, Greater Ukiah Business and Trouism Alliance Executive Director - Car Show.

10. COUNCIL REPORTS
Presenters: Councilmember Sher, Vice Mayor Crane, and Councilmember Rodin.

11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
 Construction Update – Tim Eriksen, Public Works Director / City Engineer.

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS, Continued b. Proclamation of the Ukiah City Council Recognizing October 14, 2024, as Indigenous Peoples' Day in the City of Ukiah.

Presenter: Councilmember Orozco.

Proclamation was received by Les Marston, Rapport and Marston.

Public Comment: Tracy Thieriot.

City Council Minutes for October 2, 2024, Continued:

12. PUBLIC HEARINGS (6:15 PM)
a. 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 (R2), 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.

Presenter: Jesse Davis. Chief Planning Manager.

A PowerPoint presentation was given.

PUBLIC HEARING OPENED AT 6:07 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:09 P.M.

Motion/Second: Rodin/Orozco to introduce the Ordinance, by title only. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:

None. ABSTAIN: None.

City Clerk, Kristine Lawler, read the following ordinance title into the record:

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).

Motion/Second: Rodin/Sher to introduce the 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. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. b. 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.

Presenter: Jesse Davis, Chief Planning Manager.

A PowerPoint presentation was given.

PUBLIC HEARING OPENED AT 6:32 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:32 P.M.

Motion/Second: Rodin/Sher to introduce the Ordinance, by title only. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:

None. ABSTAIN: None.

City Clerk, Kristine Lawler, read the following ordinance title into the record:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING ‘MISSING MIDDLE HOUSING’.

City Council Minutes for October 2, 2024, Continued:

Motion/Second: Rodin/Orozco to introduce the 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. Motion carried by the following roll call votes: AYES:

Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None. c. Conduct a Public Hearing to Consider Adoption of a Resolution Approving the Submittal of a CDBG Application in Response to the 2024 State Community Development Block Grant Program Notice of Funding Availability; and Approve Corresponding Budget Amendments if Awarded Funding for the Application.

Presenters: Jim Robbins, Housing and Grants Manager and Craig Schlatter, Community Development Director.

PUBLIC HEARING OPENED AT 6:53 P.M.

Public Comment: Marsha Lazaro.

PUBLIC HEARING CLOSED AT 6:54 P.M.

Motion/Second: Rodin/Sher to adopt a Resolution (2024-42) approving the submittal of a CDBG Application in response to the 2024 State Community Development Block Grant Program Notice of Funding Availability; and approve corresponding budget amendments if awarded funding for the application. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

RECESS: 6:55 – 7:05 P.M.

13. UNFINISHED BUSINESS
a. Receive Report Regarding the City's Response to the Updated FEMA Floodplain Maps, Provide Direction to Staff, and Take Any Other Action Deemed Necessary.

Presenter: Tim Eriksen, Director of Public Works/City Engineer.

Public Comment: Tracy Thieriot (spoke twice).

Report was received.

14. NEW BUSINESS
a. Consideration of Resolution Provided by Cal Cities in Support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.

Presenter: Sage Sangiacomo, City Manager.

Public Comment: Ferdinand Thieriot, Tracy Thieriot, Adam Gaska, and Tracy Thieriot (speaking a second time).

Motion/Second: Crane/Orozco to adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug-related offenses. Motion failed by the following roll call votes: AYES: Orozco and Crane. NOES: Sher.

ABSENT: None. ABSTAIN: Rodin and Dueňas.

City Council Minutes for October 2, 2024, Continued:

b. Receive and File Fourth Quarter Financial Report (Preliminary Unaudited Year-End Results).

Presenter: Dan Buffalo, Finance Director.

A PowerPoint presentation was given.

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

Presenter: Councilmember Sher.

Report was received.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:10 P.M.

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (4 cases)
b. Conference with Legal Council - Anticipated Litigation Government Code Section 54956.9(d)(2)
Significant exposure to litigation (1 case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036 d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment
g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment

City Council Minutes for October 2, 2024, Continued:

h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported; direction provided to Staff.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 9:34 p.m. ________________________________
Kristine Lawler, CMC/CPMC

Agenda Item No: 8.a.

MEETING DATE/TIME: 10/16/2024

ITEM NO: 2024-538

AGENDA SUMMARY REPORT
SUBJECT: Approve A Three-Year Contract Extension/Renewal for Mimecast Email Security Suite From CompuNet.

DEPARTMENT: Information Services PREPARED BY: Scott Shaver, I.T. Manager, Ryan Burkhart, IT Manager
PRESENTER: Ryan Burkhart, IT Manager
ATTACHMENTS:

1. Mimecast 365 Protection Renewal 2024-2027 Annual Billing Summary: Council will consider approving the purchase of a three-year contract extension for Mimecast Email Security Suite.

Background: The City of Ukiah originally approved the Mimecast system in November 2023 as a comprehensive solution to protect the City’s email communications from growing cyber threats. Mimecast offers email security, archiving, and continuity services, which are essential for local government operations.

Local governments, including municipalities like Ukiah, are prime targets for cyberattacks. The importance of advanced email security is high in an era where ransomware, phishing, and data breaches are increasingly frequent. These attacks threaten the integrity of sensitive government information and could potentially disrupt essential services. Mimecast has proven effective in mitigating these risks by providing real-time protection against sophisticated email threats, ensuring the continued safety and integrity of the City's communications.

Discussion: Mimecast has become an important tool for the City. Mimecast's security suite includes protection against phishing, malware, spam, and targeted attacks. Additionally, it offers email archiving, ensuring all communications are securely stored and retrievable. Mimecast's continued use will enable the City to stay ahead of emerging email-based threats.

For local governments, strong cybersecurity measures like those provided by Mimecast are crucial. These systems safeguard sensitive information, including resident data and internal communications, from unauthorized access or attack. In particular, email remains a primary avenue for cyberattacks, making robust security measures critical to defending against ransomware, phishing, and other malicious activities that could impair government operations.

The need for email security extends beyond compliance- it also protects the City’s existing infrastructure.

Given the rising sophistication of cyber threats, the City must ensure that it continues investing in its security posture. The Mimecast system helps fulfill this responsibility, ensuring secure and reliable email communication channels. The amount of the three-year renewal is $190,443, of which three annual payments of $63,481 will be paid and budgeted in each corresponding year. Staff believes current resources are sufficient, and a budget amendment is not needed at this time. Staff will continue to monitor software expenditures and return to Council should the need for additional resources be warranted.

The contract terms and pricing are attached as Attachment 1.

Recommended Action: Approve the three-year agreement from CompuNet for Mimecast Email Security Suite in the amount of $190,443.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 20900000.44260: $1,938,310; 20913900.54320: $495,750 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Indirect Cost Allocation (20900000.44260) PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Jessie Brunell, Controller
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Kaelah Brinkerhoff
385-232-3559
[email protected]
Quote #: KB245178
Mimecast 365 Protection Renewal 2024-2027 Annual Billing Quote Information: Prepared for: Bill To: Ship To:

Quote #: KB245178 City of Ukiah City of Ukiah City of Ukiah Version: 2
Quote Date: 09/06/2024
Expiration Date: 09/27/2024
James Brown
(707) 463-6200
[email protected]
Mary Jo Reynolds
300 Seminary Ave
Ukiah, CA 95482
[email protected]
James Brown
411 W Clay St
Ukiah, CA 95482
Year 1
Manufacturer
Part Number
Product Description Quantity Price Ext. Price
M_M365-
PROTECTPLUS_250_A
Mimecast 365 Protect Plus - Annual Subscription
Start Date: 11/28/2024 End Date: 11/27/2025
300 $64.20 $19,260.00
M_A1_250_A Mimecast A1 - Annual Subscription
Start Date: 11/28/2024 End Date: 11/27/2025
300 $25.81 $7,743.00
M_AT1_OS_250_
A
Mimecast AT1 Mime | OS
Start Date: 11/28/2024 End Date: 11/27/2025
300 $17.34 $5,202.00
M_DMA-T3_1_A DMARC Analyzer - T3 - Annual Subscription
Start Date: 11/28/2024 End Date: 11/27/2025
5 $1,497.81 $7,489.05
M_DMA-MST3_1_ADMARC Analyzer - Managed Service - T3 - Annual Subscription
Start Date: 11/28/2024 End Date: 11/27/2025
5 $3,250.04 $16,250.20
M_ADV-SP_1_A Advanced Support
Start Date: 11/28/2024 End Date: 11/27/2025
1 $7,536.82 $7,536.82
Subtotal: $63,481.07
Year 2
Manufacturer
Part Number
Product Description Quantity Price Ext. Price
M_M365-
PROTECTPLUS_250_A
Mimecast 365 Protect Plus - Annual Subscription
Start Date: 11/28/2025 End Date: 11/27/2026
300 $64.20 $19,260.00
M_A1_250_A Mimecast A1 - Annual Subscription
Start Date: 11/28/2025 End Date: 11/27/2026
300 $25.81 $7,743.00
1 of 3 www.compunet.biz [email protected]
Attachment 1

Kaelah Brinkerhoff
385-232-3559
[email protected]
Quote #: KB245178
Year 2
Manufacturer
Part Number
Product Description Quantity Price Ext. Price
M_AT1_OS_250_
A
Mimecast AT1 Mime | OS
Start Date: 11/28/2025 End Date: 11/27/2026
300 $17.34 $5,202.00
M_DMA-T3_1_A DMARC Analyzer - T3 - Annual Subscription
Start Date: 11/28/2025 End Date: 11/27/2026
5 $1,497.81 $7,489.05
M_DMA-MST3_1_ADMARC Analyzer - Managed Service - T3 - Annual Subscription
Start Date: 11/28/2025 End Date: 11/27/2026
5 $3,250.04 $16,250.20
M_ADV-SP_1_A Advanced Support
Start Date: 11/28/2025 End Date: 11/27/2026
1 $7,536.82 $7,536.82
Subtotal: $63,481.07
Year 3
Manufacturer
Part Number
Product Description Quantity Price Ext. Price
M_M365-
PROTECTPLUS_250_A
Mimecast 365 Protect Plus - Annual Subscription
Start Date: 11/28/2026 End Date: 11/27/2027
300 $64.20 $19,260.00
M_A1_250_A Mimecast A1 - Annual Subscription
Start Date: 11/28/2026 End Date: 11/27/2027
300 $25.81 $7,743.00
M_AT1_OS_250_
A
Mimecast AT1 Mime | OS
Start Date: 11/28/2026 End Date: 11/27/2027
300 $17.34 $5,202.00
M_DMA-T3_1_A DMARC Analyzer - T3 - Annual Subscription
Start Date: 11/28/2026 End Date: 11/27/2027
5 $1,497.81 $7,489.05
M_DMA-MST3_1_ADMARC Analyzer - Managed Service - T3 - Annual Subscription
Start Date: 11/28/2026 End Date: 11/27/2027
5 $3,250.04 $16,250.20
M_ADV-SP_1_A Advanced Support
Start Date: 11/28/2026 End Date: 11/27/2027
1 $7,536.82 $7,536.82
Subtotal: $63,481.07
2 of 3 www.compunet.biz [email protected] Page 15 of 293 Kaelah Brinkerhoff
385-232-3559
[email protected]
Quote #: KB245178
Quote Summary
Description Amount
Year 1 $63,481.07
Year 2 $63,481.07
Year 3 $63,481.07
Total: $190,443.21
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3 of 3 www.compunet.biz [email protected] Page 16 of 293

Agenda Item No: 8.b.

MEETING DATE/TIME: 10/16/2024

ITEM NO: 2024-649

AGENDA SUMMARY REPORT
SUBJECT: Adoption of an Ordinance Amending the Official Zoning Map of the City of Ukiah from 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 - 003-100-43).

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

1. Ordinance - Marlene Street Rezone

2. Draft Findings

3. Draft Conditions of Approval

4. Tentative Map
Summary: Council will consider adoption of an ordinance amending the official Zoning Map of the City of Ukiah from 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- 100-43).

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 on the subject property.

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, and it is not separately identified on the official zoning map for the City of Ukiah.

Per UCC §9265(d), on September 11, 2024, the Planning Commission held a public hearing and formulated, by a unanimous 3-0 vote (one absence, one vacancy), a recommendation to the City Council, in concurrence with the City Engineer, approval of the requested minor subdivision and rezone. The Planning Commission recommended that the City Council approve the proposed Zoning Map Amendment per a draft ordinance (Attachment 1), rezoning the subject parcel from Medium Density Residential – Planned Development (R-2:

PD) to Medium Density Residential (R-2) based on the Findings included in Attachment 2, the Conditions of Approval in Attachment 3.

On October 4, 2024, the City Council held a public hearing on the proposed zoning and General Plan amendment and formulated, by a unanimous 5-0 vote, introduction by title only an Ordinance to approve the Rezone, and in concurrence with the City Engineer, the associated Minor Subdivision, as conveyed on the Tenative Map (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. This zoning district 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 portion of the subject parcel, and allow for future development consistent with the Ukiah Municipal Airport Land Use Compatibility Plan (UKIALUCP).

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 per CEQA Guidelines Section 15301, Class 1, Existing Facilities, as well as Section 15315, Class 15, Minor Land Division.

Staff recommends Council adopt the Ordinance amending the official zoning map 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: Adopt an Ordinance Amending the Official Zoning Map of the City of Ukiah from 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 - 003-100-43).

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Cost Recovery; 100023100.59101.P9277
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)

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 1

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:
___________________
Douglas F. Crane, Vice Mayor
ABSENT:

ATTEST:
_____________________
Araceli Sandoval, Acting Clerk
EXHIBIT A: REZONE EXHIBIT MAP, 960-979 MARLENE STREET; (APNs 003-100-24 - 003- 100-43)

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
Exhibit A - Zoning Map
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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

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.

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

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.

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.

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

Agenda Item No: 8.c.

MEETING DATE/TIME: 10/16/2024

ITEM NO: 2024-656

AGENDA SUMMARY REPORT
SUBJECT: Adoption of 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.

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

1. ORDINANCE - Missing Middle Housing

2. CEQA Guidelines (Findings of Significance)
Summary: Council will consider adoption of 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.

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-" guided the City's approach to crafting regulations to encourage 'Missing Middle' and infill housing development.

On September 25, 2024, the City of Ukiah Planning Commission evaluated the proposed amendments, and unanimously (3-0 vote, with one vacancy and one Commissioner absent) approved the adoption of a resolution recommending the amendments to the City Council.

On October 2, 2024, the City of Ukiah City Council held a public hearing and received the recommendation from the Planning Commission and Staff. At the conclusion of the public hearing, Council unanimously (5-0) approved the introduction of the Ordinance (Attachment 1). The below Key Objectives section summarizes the staff report and presentation made by Staff in the October 2, 2024, public hearing.

Key Objectives - Missing Middle Ordinance
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 within the introduced Ordinance 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. The amendments also seek to streamline the approval process for Missing Middle housing types, reduce regulatory barriers, and ensure that they are developed in a manner compatible with existing neighborhoods.

By promoting the development of Missing Middle Housing, the City can enhance housing affordability,

increase density in appropriate areas, and create more walkable, livable communities.

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 and address practical concerns like accessory carports, allowing them to extend into setbacks to optimize space for infill residential development, rather than vehicle storage.

Clear citations in the 'Additional Requirements' section of each Article have been added to increase awareness of regulations and restrictions within the Ukiah Municipal Airport Land Use Compatibility Plan. “Mom & Pop” grocery stores are now permitted in residential zones on a discretionary basis and there are more opportunities for 'Professional Office' uses. Updates have been made to landscaping standards to emphasize drought-resistant plants in line with the City’s sustainability goals.

CEQA
Per the California Environmental Quality Act (CEQA), as evaluated in Attachment 2, there is no new information as a result of the proposed ordinance amendments that would result in more severe impacts than what was considered as part of the Ukiah 2040 General Plan EIR. Overall, these amendments are strategically designed to implement the 2040 General Plan’s vision of a more diverse, sustainable, and resilient community, with no significant new environmental impacts identified under CEQA.

Discussion: Staff recommends Council adopt the Ordinance in Attachment 1, which would amend and add various sections of the Ukiah City Code to more effectively regulate 'Missing Middle Housing.' Since review by the City Council on October 2, 2024, Staff have facilitated minor updates and corrections to improve the readability and consistency of the introduced ordinance. None of the updates or modifications alter the allowances previously analyzed and approved by the Planning Commission and City Council.

Recommended Action: Adopt 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:

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 Variety of Housing); Goal H-3 (Remove Governmental Constraints to Infill Housing)

ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING ‘MISSING MIDDLE HOUSING’ The City Council of the City of Ukiah hereby ordains as follows.

SECTION 1
Findings and Declarations. The City Council finds and declares as follows:

A. The proposed amendments to Division 9, Chapter 2 of the Ukiah City Code are consistent with the 2040 Ukiah General Plan’s density-related analysis and housing goals.

B. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). As the proposed Missing Middle Ordinance is consistent with the Ukiah 2040 General Plan, the project relies upon the General Plan EIR and is consistent with CEQA Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).

C. Recognizing the growing need for diverse housing options that cater to a wide range of income levels, including housing types such as duplexes, triplexes, and townhomes is a necessary action to address the housing affordability crisis.

D. Encouraging the development of missing middle housing and more proximate commercial development supports the City's goal of increasing residential density in existing neighborhoods, promoting more efficient land use, and reducing the environmental impacts associated with sprawl.

E. Providing opportunities for both homeownership and affordable rental units in walkable, transit-friendly areas, aligns with the City’s commitment to inclusive growth and housing equity.

F. The State legislature declared that “Housing is a statewide concern”, that California faces a housing crisis, that missing middle housing is a valuable form of housing, and that local jurisdictions are mandated to comply with applicable State housing laws, including SB 9.

SECTION 2
Division 9, Chapter 2, Article 3, Low Density Residential (R-1) of the Ukiah City Code is amended to read as follows (unchanged text is omitted and is shown by “***”):

SECTION:
§9015 Purpose And Intent
***
§9023 Determination Of of Appropriate Use
§9015 PURPOSE AND INTENT
The purpose of the regulations in the Low Density Residential (R-1) District is to preserve, enhance, and protect the low density residential qualities of Ukiah’s various neighborhoods neighborhoods in the community. The R-1 zoning district is intended for residential areas characterized predominantly by single-family uses, duplexes, and with typical single-family residential subdivision lots ranging in size from six four thousand five-hundred (64,5000) to ten thousand (10,000) square feet in size.

This district is consistent with the LDR (Low Density Residential) and RR (Rural Residential) land use ATTACHMENT 1

designation of the City’s general plan.
§9016 ALLOWED USES
***
Accessory uses normally incidental to single-family residences.

Community care facility, which provides service for six (6) or fewer persons., with the residents and operators of the facility being considered a family.

Duplex.

Fences:

A. Fences shall be limited to a maximum height of seven feet (7'). Fences exceeding seven feet (7') in height may be erected subject to the securing of a variance or associated use permit. ***
Manufactured homes certified under the national manufactured home construction and safety standards act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:

A. Foundation System: The manufactured home shall be attached to a permanent foundation system approved by the city building official and designed and constructed pursuant to section 18551 of the state Health and Safety Code.

B. Utilities: All utilities to the manufactured home shall be installed pursuant to city standard practices and policies.

C. Permits: All applicable building, site development, and encroachment permits associated with development of residential property shall be secured prior to any on site construction.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplexes, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, and single-room occupancies (SRO) etc.) that comply with the design and development standards in Chapter 2, Article 5.2 of this Division are permitted by right.

Multiple-family residential dwellings in the form of duplexes, transitional housing, and supportive housing on corner lots. Multiple-family dwellings in the form of triplexes, fourplexes, single-room occupancies (SROs), and rooming and boarding houses are prohibited. Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this division are permitted by right.

Single-family residential dwellings, including manufactured/modular homes., transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards in Section 9022 of this code.
***
Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.
§9017 PERMITTED USES

***
Cottage Dwelling Group, as regulated by Article 5.5 of this Chapter.

Mom and Pop Grocery Store.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplexes, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, single-room occupancies (SRO), etc.) in the form of duplexes, transitional housing, and supportive housing that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this Division, and require a Site Development Permit per Article 20 of this Chapter. ***
§9018 BUILDING HEIGHT LIMITS
***
A. For single-family dwellings, two (2) multi-family dwellings and attached accessory dwelling units, a maximum height of thirty feet (30').

B. For non-residential accessory buildings a maximum height of twenty feet (20') or maximum height of the main building, whichever is less.

C. The height limits for both dwelling units and accessory structures may exceed the primary residential dwelling unit. The height limits for ADUs are set forth in Article 5.3 of this Chapter.

D. The height limits for both dwelling units and non-residential accessory structures may be exceeded with the securing of a variance. be exceeded with the securing of a use permit.

The height limit for accessory dwelling unit may be exceeded through the use permit process, provided a finding is made that the higher structure would not adversely impact the health, safety, and general welfare of the public
§9019 REQUIRED SITE AREA
A. Interior Lots: The required site area on interior lots in the R-1 zoning district is six four thousand five hundred (6,0004,500) net square feet, and the required lot width is sixty forty feet (640’).

B. Corner Lots: The required site area for corner lots in the R-1 zoning district is seven six thousand (76,000) net square feet, and the required lot width is seventy sixty feet (760’). ***
D. Nonconforming Lots: Development may occur on existing, nonconforming R-1 lots; a site development permit is required for existing lots four thousand five hundred (4,500) square feet and less that does not already feature residential improvements. greater and a use permit is required on existing lots of less than four thousand five hundred (4,500) square feet. Minimum width in either case is forty feet (40’).

§9020 REQUIRED YARD SETBACKS
The purpose of establishing yard areas in the R-1 zoning district is to maintain a balance between retaining open spaces and the efficient use of land,ensure open spaces, and a low density appearance to single-family residential neighborhoods. In Low Density Residential (R-1) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way:

A. Front: Fifteen Ten feet (150') for residences and accessory structures, and twenty-five feet (25') for garages.

B. Sides: Ten Five feet (105') for residences and five feet (5') for accessory structures.

C. Rear: Fifteen Ten feet (150') for residences, and five feet (5') for accessory structures.

D. Corner Lots: On corner lots, there shall be a front setback line of Fifteen Ten feet (150') on each street side of a corner lot.

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The fifty percent (50%) average setback exception does not apply to accessory structures.

E. Yard Setbacks For Unique Circumstances:

1. Architectural Features: Cornices, eaves, canopies, and other similar architectural features for residential structures and accessory structures exceeding one hundred twenty (120) square feet in area may extend up to two feet (2’) into any required yard setback. ***

5. Accessory Carports: May be established two feet (2’) into any required setback. §9021 REQUIRED PARKING
A. The minimum parking area required in Low Density Residential (R-1) Districts is as follows:

1. Single-Family Dwelling: Two One (12) on-site parking space per unit.

2. Duplex: One and one-half (1.5) on-site parking space per unit.

3. Multiple-Family Dwelling(s): One (1) on-site parking space per unit.

4. Other Uses: The parking requirements for all other allowed or permitted uses shall be subject to the provisions of section 9198 of this code. ***
§9022 ADDITIONAL REQUIREMENTS AND ALLOWANCES
***
B. Effective January 1, 2022, Government Code §§ 65852.21 and 66411.7 (enacted by Senate Bill 9, Statutes 2021) require local agencies to provide ministerial review, without discretion or hearing, of proposed two-unit housing developments and urban lot splits if the housing development or subdivision is within a single-family residential zone and a U.S. Census designated urbanized area or urban cluster and meets certain requirements. The purpose of this sub-section is to establish the applicability of Government Code §§ 65852.21 and 66411.7.

1. Maximum Number of Units on a Parcel Created by an SB 9 Urban Lot Split (Government Code§ 66411.7)
a. No more than two dwelling units may be permitted on any lot created through an urban lot split.
b. If a proposed SB 9 Urban Lot Split does not include a housing development at the time of the lot split, a note shall be recorded on the Parcel Map limiting future residential development to two dwelling units in accordance with this policy. c. If a proposed SB 9 Urban Lot Split requests to subdivide a vacant parcel, the owner occupancy period begins once a unit is finished and livable.

2. Maximum Number of Units on a Lot Not Created by an SB 9 Urban Lot Split (Government Code § 66411.7)
a. Up to two primary dwelling units, including existing dwelling units on a parcel and units created pursuant to Government Code § 65852.21 may be permitted.

C. Ukiah Municipal Airport Comprehensive Land Use Plan (UKIACLUP): As applicable, all development within the R-1 district must comply with the more restrictive standards identified by UKIACLUP to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning.
§9023 DETERMINATION OF APPROPRIATE USE
A. Whenever a use is not listed in this article as a use permitted by right or a use subject to a use permit in the R-1 zoning district, the Community Development Planning Director shall determine whether the use is appropriate for the zoning district, either as a right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:
***

4. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as permitted uses.
***
SECTION 3
Division 9, Chapter 2, Article 4, Medium Density Residential (R-2) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):

SECTION:
§9030 Purpose And Intent
***
§9038 Determination Of of Appropriate Use
§9030 PURPOSE AND INTENT
The Medium Density Residential Zoning District is intended to provide land area and opportunities for a range of densities and a variety of housing types, including single-family and multiple-family residential development, and townhomes. The maximum density is one to fifteen (15) dwelling units

per acre of land. The R-2 district is also intended to provide for a compatible mix of medium density residential, educational, religious, quasi-medical, and small professional office land uses. The R-2 zoning district is consistent with the MDR (Medium Density Residential) general plan land use designation.
§9031 ALLOWED USES
The following uses are allowed in Medium Density Residential (R-2) Districts:
***
Community care facility, which provides service for six (6) or fewer persons. (maximum clients – six (6)).

Duplex.
***
Low Barrier Navigation Center.

Single-family dwellings, including manufactured/modular homes. transitional housing, and supportive housing. Manufactured/modular homes shall comply with the additional development standards set forth in section 9037 of this Code.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplexes, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling groups, and single-room occupancies (SRO), etc.) Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartment houses, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this Division are permitted by right. ***
Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.
§9032 PERMITTED USES
The following uses may be permitted in Medium Density Residential (R-2) Zoning Districts subject to first securing a use permit:
***
Dwelling Groups that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this division, and require a Site Development Permit per Article 20 of this Chapter. ***
Mom and Pop Grocery Store.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplexes, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling groups, single-room occupancies (SRO), etc.) that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of

this Division, and require a Site Development Permit per Article 20 of this Chapter. Multiple-family dwellings that do not comply with the design and development standards set forth in Chapter 2, Article

5.2 of this division.
***
Professional Office converted from a single-family residence. ***
Single-family dwelling on a three thousand (3,000) square foot lot (one side zero lot line and one side five-foot (5’) setback; provided, that zero lot lines are contiguous). ***
Temporary uses meeting the purpose and intent of the R-2 zoning district. The temporary use shall be for a maximum period of six (6) months and shall be subject to permit renewal/time extension at the discretion of the Community Development Planning Director. §9033 BUILDING HEIGHT LIMITS
The following shall be the maximum limits for height of buildings in Medium Density Residential (R-2) Districts:
***
B. For non-residential accessory buildings, a maximum height of twenty feet (20') or the maximum height of the main building, whichever is less.

C. The height limits for main buildings and accessory structures may be exceeded with the securing of a use permit Variance.

D. The heights of ADUs are subject to Article 5.3 of this Chapter. ***
§9035 REQUIRED YARD SETBACKS
In Medium Density Residential (R-2) Districts, yards shall be required in the following minimum widths, as measured from the street right-of-way:

A. Front:

1. Single-Family Dwellings: Fifteen feet (15') for primary and accessory structures, and twenty-five feet (25') for garages.

1. Multiple-Family Dwellings: Ten feet (10') for multiple-family primary and accessory structures, and twenty-five feet (25') for garages.

B. Sides:

1. Single-Family Dwellings: Ten feet (10'), except as provided in section 9032 of this code.

1. Multiple-Family Dwellings: Five feet (5'), for multiple-family dwellings except for those multiple-family projects that comply with all the design and development standards set forth in Chapter 2, Article 5.2 of this Division.

C. Rear:

1. Single-Family Dwellings: Ten feet (10').

2. Multiple-Family Dwellings, Single-story: Ten feet (10').

3. Multiple-Family Dwellings, Multi-Story: Fifteen feet (15').

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply.
***
E. Special Yards And Distances Between Buildings: Minimum widths shall be as follows:

1. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply. The distance between any structures in any dwelling group shall be a minimum of ten feet (10') for single-story and multi-story structures.

2. Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for dual access.

3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls.
§9036 REQUIRED PARKING
A. The minimum parking area required in Medium Density Residential (R-2) Districts is as follows:

1. Single-Family Dwelling: One (21) on-site parking space per unit.

2. Duplex: One and one-half (1.5) on-site parking space per unit.

3. Multiple-Family Dwelling(s): One (1) on-site parking space per unit. ***
§9037 ADDITIONAL REQUIREMENTS
***
C. All development projects that are not multiple-family residential projects, or that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this Division, and that require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Drought resistant and native plants shall constitute the majority of the plantings selected. Native species are strongly encouraged. ***
d. Parking lots shall have a perimeter planting strip with both featuring drought resistant trees and shrubs.
***
k. The Community Development Planning Director, Zoning Administrator, Planning

Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

D. Ukiah Municipal Airport Comprehensive Land Use Plan (UKIACLUP): As applicable, all development within the R-2 district must adhere to the more restrictive criteria identified by UKIACLUP to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning
§9038 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted by right or a use subject to a use permit in the R-2 Zoning District, the Community Development Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:
***
D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses.

SECTION 4
Division 9, Chapter 2, Article 5, High Density Residential (R-3) regulations of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):

SECTION:
§9045 Purpose And Intent
***
§9049 Required Site Area For Mobile Home Parks
***
§9053 Determination Of of Appropriate Use
***
§9046 ALLOWED USES
***
Community care facility, which provides service for six (6) or fewer persons. with the residents and operators of the facility being considered a family.

Duplex.
***
Low Barrier Navigation Center.

Public or private parking lots for automobiles, when the property is adjacent to any C-N, C-1, or C-2 district, or if required to accompany any new land use. ***
Multiple-family dwellings (i.e. triplexes, fourplexes, multiplexes, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, and single-room occupancies (SRO), etc.s) Multiple-family dwellings (i.e., duplexes, triplexes, fourplexes, condominiums, apartments, transitional housing, supportive housing, single-room occupancies (SROs), and rooming or boarding houses). Multiple-family dwellings that comply with the design and development standards in Chapter 2, Article 5.2 of this Division are permitted by right. ***
Supportive housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type.

Transitional housing, subject to the same density limitations and to the same regulations applicable to other residential dwellings of the same type
§9047 PERMITTED USES
The following uses may be permitted in High Density Residential (R-3) Districts subject to first securing a use permit:
***
Dwelling Groups, as regulated by Article 5.5 of this Chapter. ***
"Mom and pPop" convenience grocery stores, delicatessens, bakeries, and coffee shops.

Multiple-family dwellings (i.e. triplexes, fourplexes, multiplexes, condominiums, apartments, townhomes, courtyard building, cottage court, dwelling-groups, single-room occupancies (SRO), etc.) that do not comply with the design and development standards set forth in Chapter 2, Article 5.2 of this Division, and require a Site Development Permit per Article 20 of this Chapter Multiple-family dwellings that do not comply with the design and development standards in Chapter 2, Article 5.2 of this division.
***
Public or private parking lots for automobiles
***
§9049 REQUIRED SITE AREA FOR MOBILE HOME PARKS
***
B. The required building site area for each mobile home park shall be a minimum of two (2) acres. §9050 REQUIRED YARD SETBACKS
In High Density Residential (R-3) Districts, yards shall be required in the following minimum widths, except as provided in section 9032 of this code:

A. Front:

1. Single-Family Dwellings: Fifteen feet (15') for dwellings and accessory structures, and twenty-five feet (25') for garages.

2. 1. Multiple-Family Dwellings: Ten feet (10') for multiple-family dwellings. and accessory structures, and twenty-five feet (25') for garages.
***
C. Rear:

1. Single-Family Dwellings: Ten feet (10').

2. Multiple-Family Dwellings, Single-Story: Ten feet (10').

3. Multiple-Family Dwellings, Multi-Story: Fifteen feet (15').

D. Corner Lots: On corner lots, there shall be a front setback line of ten feet (10') on each side of the property facing a street.

Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply.

E. Special Yards and Distances Between Buildings: Minimum widths shall be as follows:

1. The distance between any structures in any dwelling group shall be a minimum of ten feet (10').

2. 1. Except in cases where fifty percent (50%) of the same side of the block is already built out, then the average setback shall apply Any side yard providing vehicular access to single-row dwelling groups shall have a minimum width of twenty feet (20') for one-way access and twenty-five feet (25') for dual access.

3. Any inner court providing vehicular access to double-row dwelling groups shall have a minimum width of twenty feet (20'), and a minimum width of twenty-four feet (24') if bordered by parking stalls. (Ord. 1001, §1, adopted 1998; §9051 REQUIRED PARKING
A. The minimum parking area required in High Density Residential (R-3) Districts is as follows:

1. Single-Family Dwelling: Two One (12) on-site parking space per unit.

2. Duplex: One and one-half (1.5) on-site parking space per unit.

3. Multiple-Family Dwelling(s): One (1) on-site parking space per unit. ***
§9052 ADDITIONAL REQUIREMENTS
A. All new construction, exterior modifications to existing buildings or on-site work shall require a site development permit pursuant to subsection 9261B of this code, excluding multiplefamily residential projects, as described in section 9046 of this code, that comply with the design and development standards in Chapter 2, Article 5.2 of this division.

B. A. Manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC section 5401 et seq.) are allowed on individual residential parcels subject to the following regulations:
***
C. B. All development projects that are not multiple-family residential projects, or do not comply with the design and development standards in Chapter 2, Article 5.2 of this Division, and that

require discretionary review, shall include a proposed landscaping plan commensurate with the size and scale of the proposed development project. Landscaping plans shall be submitted as a required component of all site development and use permits at the time of application filing.

1. All proposed landscaping plans shall comply with the following standards:
a. Landscape plantings shall be those which grow well in Ukiah’s climate without extensive irrigation. Drought resistant and native plants shall constitute the majority of the plantings selected. Native species are strongly encouraged. ***
d. Parking lots shall have a perimeter planting strip with both featuring drought resistant trees and shrubs.
***
k. The Community Development Planning Director, Zoning Administrator, Planning Commission, or City Council shall have the authority to modify the required elements of a landscaping plan depending upon the size, scale, intensity, and location of the development project.

C. Ukiah Municipal Airport Comprehensive Land Use Plan (UKIACLUP): As applicable, all development within the R-3 district must adhere to the more restrictive criteria identified by UKIACLUP to ensure compliance with the procedures and criteria applicable to airport land use compatibility planning.
§9053 DETERMINATION OF APPROPRIATE USE
Whenever a use is not listed in this Article as a use permitted as of right or a use subject to a use permit in the R-3 Zoning District, the Community Development Planning Director shall determine whether the use is appropriate for the Zoning District, either as of right or subject to a use permit. In making this determination, the Community Development Planning Director shall find as follows:
***
D. In the case of determining that a use not articulated as an allowed or permitted use could be established with the securing of a use permit, the Community Development Planning Director shall find that the proposed use is similar in nature and intensity to the uses listed as allowed uses.

SECTION 5
A New Article 5.5, entitled “REGULATIONS FOR DWELLING GROUPS” shall be added to Division 9, Chapter 2 of the Ukiah City Code and shall read as follows:
§9058 PURPOSE
This Article implements the provisions of the General Plan Housing Element that encourage new types of housing that meet a wide variety of needs and encourage infill projects on underutilized urban land. As defined, ‘Dwelling Groups’ is a group of three or more single-family residences or two or more detached duplex buildings, apartments, condominiums, and occupying a parcel of land in the same ownership and having any yard or court in common.

Cottage Dwelling Groups are a type of infill development intended to provide small-scale, clustered

housing units that are comparable in scale and intensity to single-family residential use, thereby minimizing the impact on adjacent low-density residential uses. §9058.1 APPLICABILITY
This section applies to Dwelling Groups where allowed or permitted.

A. Dwelling Groups are considered a form of multi-family housing. Within the R2 (Medium Density Residential) and R3 (High Density Residential) Zoning Districts, Dwelling Groups are an allowed use if adhering to Article 5.2 (Objective Design and Development Standards for New Residential Construction).

B. Dwelling Groups must meet the development criteria of the base zone.

C. Cottage Dwelling Groups are permitted in the R1 (Low Density Residential) Zoning District.

Cottage Dwelling Groups must meet the development criteria of the base zone, as well as the additional standards and exceptions outlined below.

1. Cottage Dwelling Groups may not be located on any parcel already containing an accessory dwelling unit, junior accessory dwelling unit, or developed with a duplex, triplex, apartment, or condominium. A parcel containing a single-family residence may be developed as a Cottage Dwelling Group only if the single-family residence is included in the total floor area allowance below.

2. Occupancy. Dwelling Groups may not be rented on a transient basis (periods less than thirty (30) days).

3. Siting Requirements.
a. Airport Compatibility. The proposed site shall not be located on any parcel that features airport compatibility Zones 1 (Runway Protection Zone), 2 (Inner Approach/Departure Zone), 3 (Inner Turning Zone) or 5 (Sideline Zone).
b. Minimum parcel size. The minimum parcel size shall be nine thousand (9,000) square feet.
c. Setbacks. Cottage housing developments shall meet the required front and side yard setbacks of the base zone. Rear yard setbacks shall be a minimum of ten feet (10'). d. Parking. One (1) reserved space per unit, and (1) guest parking space for every 3 units or portion thereof.
e. Accessory structures that serve on-site users and are subordinate in use and scale to the cottages (e.g. accessory storage, garages, etc.) are allowed subject to setback requirements for accessory structures.
f. Design and Development Standards. Cottage housing developments shall be subject to design review and site plan approval and meet the following additional standards and exceptions:
i. Density. On parcels that meet the minimum parcel size, the maximum density shall be one (1) cottage per every two thousand five hundred (2,500) square feet of lot area. When calculating the number of units allowed, fractional units shall be rounded down to the nearest whole number.
ii. Size. The total building square footage shall not exceed two thousand seven hundred (2,700) square feet, unless other sizes are allowed by approval of a use permit.
g. Site Layout.
i. Common Open Space. Common open space shall be one (1) or more areas that are designed and maintained for recreation, gardening, and similar activities open to all residents. Common open space shall total at least two hundred (200) square feet per unit, of which up to sixty (60) square feet may be private.

1. Cottages should generally be no more than twenty-five feet (25') from the

common open area, measured from the facade of the cottage to the nearest delineation of the common open area.

2. Orientation. Dwelling units shall be clustered around common open space that is not separated with fencing. Each unit shall have a primary entry and covered porch, generally oriented towards the common open space. Front porches are encouraged.
§9058.2 PERMIT REQUIREMENTS
All cottage housing developments are subject to a Use Permit within the R1 zoning district. A Site Development Permit is required for any ‘Dwelling Group’ in the R2 and R3 zoning districts that does not comply with the design and development standards as required by Chapter 2, Article 5.2 of this Division.

SECTION 6
Division 9, Chapter 2, Article 21, Definitions, of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “***”):

A. Any words or phrases not defined within this article shall be defined as set forth in current dictionaries. If no dictionary defines a particular term, the Community Development Planning Director shall have the authority to define the term or equate it to a defined term that is similar in nature.

B. For purposes of this article, the words and phrases set out herein shall have the following meanings:

DWELLING GROUP, COTTAGE: A form of ‘Dwelling Group’ that features smaller units with shared parking and common open areas within existing low- and mediumdensity urban residential neighborhoods.

DUPLEX – STACKED: A small (2 to 2.5-story), detached structure that consists of two dwelling units arranged one above the other, each with an entry from the street. This type has the appearance of a small-to-medium single-unit house.

DUPLEX – SIDE-BY-SIDE: A small (1 to 2 story), detached structure that consists of two dwelling units arranged side-by-side, each with an entry from the street.

MULTIPLEX: 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.

TOWNHOUSE: A small- to medium-sized attached structure that consists of 2 to 16 multi-story dwelling units placed side-by-side. Entries are on the narrow side of the unit and typically face a street or courtyard. The street facades have entrances and avoid garages.

SECTION 7

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: Councilmembers Rodin, Orozco, Sher, Crane, and Mayor Duenas.

NOES:

ABSTAIN:

ABSENT:

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

AYES:

NOES:

ABSTAIN
ABSENT: _________________________
Douglas F. Crane, Vice Mayor
ATTEST:
____________________________
Araceli Sandoval, Acting Clerk

Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
Draft Findings of Consistency:

Missing Middle Ordinance
CEQA Section 15183 Statutory Exemption
September 13, 2024
SCH No: XXXXXXXXXX
Prepared by:

City of Ukiah
Community Development Department
Planning Division
300 Seminary Avenue, Ukiah, CA 95482
www.cityofukiah.com/community-development/planning-services/ ATTACHMENT 2

2 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
Table of Contents
I. PROJECT INFORMATION 3
II. INTRODUCTION 4

1. Purpose of the 15183 Findings of Consistency 4

2. Ukiah 2040 General Plan EIR 4
III. PROJECT BACKGROUND 5

1. Project Location 5

2. Environmental Setting 6

3. Background 6

4. Project Elements 8
IV. EVALUATION OF ENVIRONMENTAL EFFECTS 8

1. Density 9

2. Effects 9

3. Impacts 10

4. Cumulative Impacts 10

5. New Information 11
V. DETERMINATION 11
VI. APPENDICES 13

3 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
I. PROJECT INFORMATION
Project Title: Missing Middle Ordinance
Lead Agency Address and Phone Number:

City of Ukiah
Community Development Department
300 Seminary Avenue
Ukiah, California 95482
CEQA Contact Person and Phone Number:

Katherine Schaefers, Planning Manager
City of Ukiah, Community Development Department
(707) 463-6203
[email protected]
Applicant: City of Ukiah
Property Owner: City of Ukiah
Project Location: City-wide within the R1, R2, and R3 zoning districts General Plan Designation: Low Density Residential (LDR), Medium Density Residential (MDR), High Density Residential (HDR)
Zoning Designation: Low Density Residential (R1), Medium Density Residential (R2), High Density Residential (R3)

4 Missing Middle Ordinance
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CEQA Section 15183 Statutory Exemption
City of Ukiah
II. INTRODUCTION

1. Purpose of the 15183 Findings of Consistency
California Public Resources Code section 21083.3 and California Environmental Quality Act (CEQA) Guidelines Section 15183 provide an exemption from additional environmental review for projects that are consistent with the development density established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.

Section 15183 specifies that examination of environmental effects shall be limited to those effects that:
(1) Are peculiar to the project or the parcel on which the project would be located, and were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent,
(2) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or
(3) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR.

Section 15183(c) further specifies that if an impact is not peculiar to the parcel or to the proposed project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, then an additional EIR need not be prepared for that project solely on the basis of that impact.

2. Ukiah 2040 General Plan EIR
The Ukiah 2040 General Plan and its associated EIR (SCH# 2022050556) were certified in December 2022. Ukiah 2040 designates land uses defining the type and amount of development that can occur throughout the City and proposed annexation areas through the planning horizon year of 2040 (over approximately 18 years). Ukiah 2040 also includes increased residential densities (number of units) and building intensities (floor area ratio [FAR]) for certain land use designations compared to the existing density and intensity thresholds. Development projections for the project were determined by analyzing vacant and underutilized parcels with the buildout capacity potential that is allowed under the applicable updated land use designations, the incorporation of annexation areas being pursued by the City of Ukiah, and the development of mixed-use designated areas anticipated under Ukiah 2040. Based on the potential land use changes, the project has a maximum buildout potential of an additional 2,350 housing units and an additional 4,514,820 square feet of non-residential use. Overall, Ukiah 2040 would promote infill development; the redevelopment of abandoned, obsolete, or underutilized properties; and the adaptation of existing residential units to support multi-family use. (City of Ukiah, 2022) The Ukiah 2040 General Plan EIR comprehensively evaluated environmental impacts that would result from the General Plan’s implementation, including information related to existing site conditions, analyses of the types and magnitude of project-level and cumulative environmental impacts, and feasible mitigation measures that could reduce or avoid environmental impacts.

5 Missing Middle Ordinance
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CEQA Section 15183 Statutory Exemption
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III. PROJECT BACKGROUND

1. Project Location
The Missing Middle Ordinance (Heretofore known as the “Project”) includes zoning changes affecting low, medium and high density (R1-R3) zoned properties within the City of Ukiah limits.

See Exhibit 1, Land Use Map.

EXHIBIT 1: City of Ukiah – Land Use Map

6 Missing Middle Ordinance
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2. Environmental Setting
The City of Ukiah includes approximately 4.72 square miles. It serves as the County Seat of Mendocino County, as well as the county’s commercial hub. Predominant land uses in the City include single family residential, multi-family residential, and commercial uses ranging from local commercial to service commercial, as well manufacturing, industrial and public facilities. Further west is undeveloped open space, and steep, densely vegetated areas interspersed with rural residential lots within the Western Hills and Mendocino County’s jurisdiction.

The City of Ukiah sits in the Ukiah Valley in central Mendocino County, with elevations varying from approximately 600-feet above mean sea level up to approximately 3,000 feet in the hills surrounding the city. Ukiah is located along the Highway 101 corridor and near the east/west intersection of Highway 20, two hours north of the Golden Gate Bridge. The City of Ukiah is situated within the Coast Range geologic province. The North Coast Range is comprised of a geologic feature unique to California, the Franciscan Formation, which dictates the vegetative communities. The Franciscan Formation is comprised of serpentine, sandstone, and other sedimentary rocks. This area is characterized by a Mediterranean climate; the winters are cool and wet, and the summers are hot and dry. Annual temperatures for this region range from about 30 to 100 degrees Fahrenheit. The Ukiah Valley is located approximately 30 miles east and inland from the Pacific Ocean. It runs north-south for approximately nine miles, with a maximum width of three miles. The Russian River enters the valley at the north end and runs south along the valley floor.

3. Background
Ukiah 2040 General Plan
The Project is proposed to carry out the vision of incorporating ‘Missing Middle Housing’ found within the Ukiah 2040 General Plan. While housing and residential neighborhoods form the fabric that makes the City of Ukiah a cohesive community, finding a place to call home can sometimes be challenging. The City is not affordable for some prospective residents, and the range of housing types and sizes to accommodate varied households is limited. The domination of singlefamily neighborhoods and the trend towards building single-family homes geared toward higherincome earners has further contributed to the housing issues in the City. The State of California has been working with communities to help meet the number and affordability of housing units needed in the State. As part of the Housing Element process, the State dictates the number of units, at a variety of income levels, for which each region must plan. This process has analyzed the City of Ukiah’s capacity for additional housing at 239 units, with 161 earmarked for very-low and low-income and 165 for moderate and above-moderate. To address the diversity of housing needed in Ukiah and meet the requirements of State law, the City of Ukiah strives for communities that are a heterogenous mix of housing types and price points. 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 (See Exhibit 2, Missing Middle Housing).

As discussed below, and part of the 2040 General Plan, a goal and policies are included to support the development of Missing Middle Housing within existing Ukiah neighborhoods. Exhibit 2 illustrates this concept using a variety of Missing Middle Housing types. In the graphic, the two blocks were laid out to be identical relative to lot lines and existing structures, with the dwelling units shaded in white being existing dwelling units in a variety of sizes, but all being single-family detached homes. The portion of the graphic on the bottom (labeled “With Missing Middle

7 Housing”) shows that same block with future development. The white shaded structures are those current units remaining and the gold shaded structures are new Missing Middle Housing types.

Some are in addition to existing structures (“A” and “F”), one is a replacement structure on an existing lot (“C”), and two show the consolidation of two lots to create one larger lot (“B” and “D”). (City of Ukiah, 2022).

EXHIBIT 2: Missing Middle Housing (City of Ukiah 2040 General Plan) Senate Bill 9 and Development Implications
To continue to stimulate housing, specifically Missing Middle Housing, and remove barriers by local government 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. Duplex construction or lot splits 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 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 highquality transit corridor (similar to ADU requirements).

Housing created pursuant to these provisions cannot be rented for terms shorter than 30 days (no vacation rentals). Applicants for lot splits must sign an affidavit declaring their intent to occupy one of the lots for at least three years, unless the applicant is a community land trust or nonprofit.

Local agencies may deny an application for a duplex or lot split if it makes written findings of an adverse impact on public health, safety, or the physical environment. Local governments must identify units constructed pursuant to these provisions in their housing element Annual Progress Report. (City of Ukiah, 2022).

Ukiah 2040 General Plan Goals and Policies
Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

8 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
To promote the vision for Missing Middle Housing types, the Ukiah 2040 General Plan includes the following goal and policies.

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.

Policy LU-9.1 Mixed Residential Neighborhoods
The City shall encourage creation of mixed residential neighborhoods through new and innovative housing types that meet the changing needs of Ukiah households and expand housing choices in all neighborhoods. These housing types include, but are not limited to, single dwelling units, multi-family dwelling units, accessory dwelling units, small and micro units, use of pre-fabricated homes, and clustered housing/cottage housing
Policy LU-9.2 Housing Types and Designs
The City shall support housing types and designs that increase density while remaining consistent with the building scale and character present in existing neighborhoods. This includes multi-family units or clustered residential buildings that provide relatively smaller, less expensive units within existing neighborhoods.

Policy LU-9.3 Adaptation of Existing Residential Units
The City shall encourage the adaptation of existing residential units to support multi-family use.

4. Project Elements
The zoning code amendments proposed in the Project are consistent with the Ukiah 2040 EIR and General Plan as described above. A summary of the proposed amendments is provided in Appendix A. The proposed Ordinance Amendment will not require an amendment to the City of Ukiah’s 2040 General Plan EIR, as discussed below under IV. Evaluation of Environmental Impacts. In addition, no development or physical changes to the environment are proposed.

IV. EVALUATION OF ENVIRONMENTAL EFFECTS
The following findings are made in compliance with CEQA Section 15183 – Project consistent with a Community Plan or Zoning.

Section 15183 of the State CEQA Guidelines states that a project shall qualify for an exemption if the following findings can be made:
1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. 2) There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects. 3) There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects.
4) There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate.

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City of Ukiah
5) There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

A discussion of staff’s finding of each potential environmental effect is provided below.

1. Density
The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified.

Finding
The Project is consistent with the development density established by the Ukiah 2040 General Plan.

Discussion
Article 4 (R1) Low Density Residential District
In the Low Density Residential Zone, the minimum lot size is proposed to be reduced to 4,500sf (from 6,000sf). The total area for Low Density Residential zoning within the City of Ukiah is 626 acres, or 23.7% of the City area. The maximum density allowance in the Ukiah 2040 General Plan for Low Density Residential is 15 dwelling units per acre. The density incurred by the change from 6,000 sf to 4,500 sf is shown below. As 9.68 still falls well below the maximum density of 15 dwelling units/acre, this proposed change remains consistent with the development density of the Ukiah 2040 General Plan.

Table 1
Maximum Density in the R1 Zone
Lot Size (sf) Max Density (du/ac)
Current R1 Zoning Density 6,000 7.26
Proposed R1 Zoning Density 4,000 9.68
The introduction of ‘Missing Middle Housing’ in the form of ‘cottage dwelling groups’ and duplexes in the Low Density Residential Zone would not increase density, as they would be held to the same density standards as single-family homes, as illustrated in Exhibit 2.

The remainder of the zoning ordinance amendments offer no changes to density. In the Medium Density Residential Zone, a remnant phrase that accorded to the prior General Plan “The maximum density is one to fifteen (15) dwelling units per acre of land” has been removed. The remaining language enables this zoning category to be consistent with the Ukiah 2040 General Plan.

2. Effects
There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects Finding
All potential impacts from the Project were evaluated with the Ukiah 2040 EIR. The proposed ordinance has no unique features that were not evaluated within the General Plan EIR.

10 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah
Discussion
The language changes and minor additions, rearrangements and deletions within Appendix A are directly applicable to the Ukiah 2040 General Plan vision of incorporating a more heterogenous mix of housing types and price points within the City’s residential zoning districts. For example, the inclusion of duplexes and multiple-family dwellings as an allowed use, pursuant to applicable design and development standards, removes barriers for low and moderate-income households to be more easily established in zoning designed for traditional single-family housing. In addition, the incorporation of landscaping standards in the Medium Density Residential and High Density Residential districts accord directly with the Ukiah 2040 EIR LU-11.10 Water Efficient Landscaping goal, The City shall ensure that Zoning Code landscape standards and design guidelines reflect the most current water efficient landscape standards that include native, adaptive, and drought resistant vegetation, as well as provisions for street canopies and streetscape enhancement. (City of Ukiah, 2022)

3. Impacts
There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects
Finding
There is no new information as a result of the proposed ordinance amendments that would result in more severe impacts. The amendments are consistent with the Ukiah 2040 General Plan density and land use designations for Low Density Residential, Medium Density Residential and High Density Residential. All potential impacts were evaluated with the General Plan EIR.

Discussion
Even though changes to height and setbacks are not specifically mentioned by name in the Ukiah 2040 General Plan goals and policies for ‘Missing Middle’ housing, these changes are implied within Policy LU-9.1 and LU-9.3 in the ability to expand housing choices and increasing density while maintaining the building scale and character present in existing neighborhoods. The setback and height modifications are minor and would more easily allow the implementation of LU-9.1 and LU-9.3.

To the same point, Low Barrier Navigation Centers are also included as allowed pursuant to Government Code sections 65660-65668, and even though not expressly discussed within the Ukiah 2040 General Plan, these and would follow the same density, regulations, and land use patterns of the other housing types in each residential zone.

4. Cumulative Impacts
There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate
Finding
There are no potentially significant offsite and/or cumulative impacts as a result of the proposed ordinance amendments.

Discussion
The Project is consistent with the density and use characteristics of the development considered by the Ukiah 2040 EIR. The EIR considered the incremental impacts of introducing ‘Missing Middle’ housing and no potentially significant off-site or cumulative impacts have been identified which were not previously evaluated.

5. New Information
There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR
Finding
There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

Discussion
There is no new information as a result of the proposed ordinance that would result in more severe impacts. This zoning amendments are consistent with the Ukiah 2040 General Plan density and Land Use element. All potential impacts were evaluated with the Ukiah 2040 General Plan EIR.

Reducing setbacks, lot standards, and parking requirements Reduction of existing standards is crucial for facilitating the development of ‘Missing Middle’ housing in the City of Ukiah. These regulatory adjustments help to create more flexible and affordable housing options by allowing for previously approved densities in the 2040 General Plan to be applied on existing lots, reducing the barriers for property owners and developers to build diverse housing types like duplexes, triplexes, and townhomes. Staff has proposed reductions in these standards to align with existing allowances for accessory dwelling units (ADUs) and nonconforming structures as currently conveyed in various zoning articles, promoting infill development and increasing the availability of moderate-income housing. No setback is reduced by more than 5’, although some requirements are consolidated to the least restrictive consideration. These changes aim to support the City's General Plan housing goals by creating more opportunities for sustainable, walkable, and diverse neighborhoods while still maintaining consistency with existing regulations.

Landscaping (R2 & R3):

Minor updates to the landscaping standards included within the R2 & R3 zoning districts were updated to reflect Ukiah 2040 General Plan goals as discussed above. Drought resistant and native plants shall constitute the majority of plantings selected for developments that do not comply with the City’s Objective Design and Development Standards. Notably, any residential construction that utilizes the City’s Objective Design and Development Standards must provide landscaping commiserate with the expectations of the 2040 General Plan.

V. DETERMINATION
Summary of Findings: Section 15378 of the California Environmental Quality Act (CEQA) defines a “Project” as an activity that (1) is a discretionary action by a governmental agency; and 11 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

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(2) will either have a direct or reasonably foreseeable indirect impact on the environment. (Pub.

Res. Cod, § 21065). “Project” means the whole of the action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following: An activity directly undertaken by any public agency including but not limited to public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700.

The Project includes zoning code amendments to the City of Ukiah’s Municipal Code in order to enact the goal and policies of the Ukiah 2040 EIR and General Plan regarding ‘Missing Middle Housing’. In implementing this housing type, the amendments are designed to also aid in meeting the City’s Regional Housing Needs Allocation (RHNA) by removing barriers (increasing maximum height, decreasing minimum site area, decreasing setbacks, parking) incurred by the existing residential zoning codes to promote a range of housing types and sizes to accommodate varied households.

While the Project is intended to facilitate housing development within the City of Ukiah, it does not include specific development designs or proposals, nor does it grant any entitlements for development. Development could also result in impacts to the physical environment depending on location, intensity, and other siting factors. However, the location, intensity, siting, and timing of such development is unknown.

All future development associated with the proposed zoning code amendments would be in residential or zoning districts where housing development is already generally allowed by right, or with an approved use permit and/or site development permit. Development could also result in impacts to the physical environment depending on location, intensity, and other siting factors. All future development would be analyzed on a project level basis for consistency with land use policies and development standards and would be subject to Building Permits for consistency with building and safety codes. In addition, depending on the type of development, location, and zoning district, future development could also require discretionary and environmental review of their individual and cumulative environmental impacts, as applicable.

In accordance with CEQA Guidelines Section 15183, the Project qualifies for an exemption because the following findings can be made:
1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. 2) There are no project-specific effects which are peculiar to the project or its site, and which the Ukiah 2040 EIR failed to analyze as significant effects. 3) There are no project-specific impacts which the Ukiah 2040 EIR failed to analyze as significant effects.
4) There are no potentially significant offsite and/or cumulative impacts that the Ukiah 2040 EIR failed to evaluate.
5) There is no substantial new information that results in more severe impacts than anticipated by the Ukiah 2040 EIR.

13 Missing Middle Ordinance
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Signature Date
Katherine Schaefers, Planning Manager
Community Development Department
City of Ukiah
[email protected]
VI. APPENDICES
Appendix A
Summary of Proposed Ordinance Amendments
9/13/2024

Appendix A
Summary of Proposed Ordinance Amendments

PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard
Article 3 (R1) Article 4 (R2) Article 5 (R3) Article 5.5 (Dwelling Groups) Density
Change wording to include density as
consistent with RR (rural residential)
along with LDR of the City general
plan.

Conform the allowed
density for the R-2 Zoning
District to the 2040 MDR
Land Use Designation
(Remove 15 du/acre limit;
thereby allowing
conformance with the 2040
UKGP of 15 – 28 du/acre)
No change Same as base zone
Allowed/
Permitted
Uses
Remove language qualifying
accessory uses as normally incidental
to single-family residences
Remove language qualifying residents
and operators of community care
facilities being considered a family
Allow the securing of a variance for
Fences over 7’ as an alternative for a
use permit, if a use permit is not
required.

Remove duplicative language
regarding manufactured homes
Allow Low Barrier Navigation Centers
subject to the same density and regs
as residential dwellings of the same
type pursuant to Gov. Code 65660-
65668
Include triplexes, fourplexes,
multiplexes, condominiums,
apartments, townhomes, courtyard
buildings, cottage courts, dwellingInclude duplexes as an allowed use
Include Transitional and
Supportive housing allowed
subject to same density
and regs as residential
dwellings of same type
(Ord. 1216)
Allow Low Barrier
Navigation Centers subject
to the same density and
regs as residential
dwellings of the same type
pursuant to Gov. Code
65660-65668
Include Mom and Pop
Grocery Store as permitted
(UP)
Include Dwelling Groups as
permitted (miUP)
Include triplexes,
fourplexes, multiplexes,
condominiums, apartments,
Remove language
qualifying residents and
operators of community
care facilities being
considered a family
Include duplexes as an
allowed use
Include Transitional and
Supportive housing
allowed subject to same
density and regs as
residential dwellings of
same type (Ord. 1216)
Allow Low Barrier
Navigation Centers
subject to the same
density and regs as
residential dwellings of
the same type pursuant
to Gov. Code 65660-
65668
Dwellings groups not meeting the
design and development standards in
R2 and R3 must obtain a Site
Development Permit.

Include Cottage Dwelling Groups as
permitted (UP) in R1 meeting the
development criteria in Article 5.5.

A Site Development Permit is required
in R2 and R3 for any Dwelling Group
that does not comply with the design
and development standards as
required by Chapter 2, Article 5.2
Include Cottage Dwelling Groups as
not allowed on a parcel already
containing an ADU/JADU, or
developed with a duplex, triplex,
apartment, or condominium.

Include a parcel containing a singlefamily residence may be developed as a cottage dwelling group only if the
single-family residence is included in
the total floor area allowance of 2700
square feet.

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PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard
Article 3 (R1) Article 4 (R2) Article 5 (R3) Article 5.5 (Dwelling Groups) groups, and single-room occupancies
in the definition of ‘multiple-family
dwellings’ as allowed if compliant with
design and development standards of
Chapter 2, Article 5.2
Include Condominiums, Cottage
Dwelling Groups, and Mom and Pop
Grocery Stores as permitted (UP)
Require multiple-family dwellings to
obtain a Site Development Permit if
they do not comply with Chapter 2,
Article 5.2
townhomes, courtyard
buildings, cottage courts,
dwelling-groups, and
single-room occupancies in
the definition of ‘multiplefamily dwellings’ as allowed if compliant with design and
development standards of
Chapter 2, Article 5.2
Remove requirement for a
permitted UP on a SFD on
a 3,000 square foot lot
Include community care
facilities as a permitted
use, serving between 6-
12 people
Require multiple-family
dwellings to obtain a Site
Development Permit if
they do not comply with
subsection 9261B
Include public/private
parking lots as a
permitted use
Building
Height Limits
Change to restrict non-residential
accessory buildings to a height of 20’
or maximum height of main building.

Change to allow residential accessory
buildings to exceed the height of the
primary residential building.

Include language referencing heights
of ADUs and JADUs as codified in
Chapter 2 Article 5.3 and Article 5.4.

Change to allow dwelling and nonresidential accessory structures to exceed height limits by securing a
variance (not a Use Permit)
Change to restrict nonresidential accessory
buildings to a height of 20’
or maximum height of main
building.

Change to allow residential
accessory buildings to
exceed the height of the
primary residential building.

Change to allow dwelling
and non-residential
accessory structures to
exceed height limits by
securing a variance (not a
Use Permit)
Change to restrict nonresidential accessory
buildings to a height of
30’ or maximum height of
main building.

Same as allowed in base zone (R1,
R2, or R3)

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PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard
Article 3 (R1) Article 4 (R2) Article 5 (R3) Article 5.5 (Dwelling Groups) Required Site
Area
Reduce minimum lot sizes from 6,000
square feet to 4,500 square feet;
Reduce corner lot width down to 6,000
(from 7,000) and width down to 60’
(from 70’)
Interior lot width down to 40’ (from 60’)
Clarification that a (minor) site
development permit (not a Use
Permit) is required for existing lots
4,500 square feet and less
Remove site development permit
requirement for existing lots 4,500
square feet and greater
Remove requirement that
nonconforming lots must be at least
40’ in width.

Remove qualification of
building site area
Minimum lot size 9,000 square feet.

Maximum one cottage/2,500 square
feet of lot area
2,7000 total building square footage
Required Yard
Setbacks
Front: Change to 10’ for residences
(from 15’) and accessory structures,
remove requirement for garages
Sides: Change to 5’ for residences
(from 10’)
Rear: Change to 10’ for residences
(from 15’)
Corner lots: Change to 10’ (from 15’)
Corner lots: Include accessory
structures in the exception if 50% of
the same side of the block is already
Change in wording to
include all primary and
accessory structures,
reducing front to 10’, side to
5’, and rear to 10’
Insert exception to corner
lot 10’ front setback if 50%
of the same side of the
block is already built out,
then average setback
should apply
Front: Change to 10’ for
residences (from 15’),
remove requirement for
garages and accessory
structures
Sides: Remove
requirement for garages
and accessory structures
Rear: Remove
qualifications for different
setbacks for amount of
stories
Same as allowed in base zone (R1,
R2, or R3). Rear yard min. 10’

4 Missing Middle Ordinance
Draft Findings of Consistency
CEQA Section 15183 Statutory Exemption
City of Ukiah

PROPOSED ZONING CODE AMENDMENTS
Zoning District
Development
Standard
Article 3 (R1) Article 4 (R2) Article 5 (R3) Article 5.5 (Dwelling Groups) built out, then average setback should
apply
Accessory Carports may be
established 2’ into any required
setback
Parking
SFD: Reduce to 1 on-site space (from
2)
Duplex: Reduce to 1 on-site per unit
(from 1.5)
SFD: Reduce to 1 on-site
space (from 2)
Duplex: Reduce to 1 on-site
per unit (from 1.5)
Multi-Family: Remove
duplicative off-street
parking standards
1/unit, 1 guest space/3 units.

Accessory structures allowed per
accessory structure setback
requirements in base zone.

Other
Insert SB 9 language and
requirements
Insert requirement that all
development must comply with
additional or more restrictive criteria of
the Ukiah Municipal Airport Land Use
Compatibility Plan
Include drought resistant
and native plants as
constituting the majority of
planting selected to align
with water efficiency and
native plant selection
criteria of the Ukiah 2040
General Plan
Insert requirement that all
development must comply
with additional or more
restrictive criteria of the
Ukiah Municipal Airport
Land Use Compatibility
Plan
Include drought resistant
and native plants as
constituting the majority
of planting selected to
align with water efficiency
and native plant selection
criteria of the Ukiah 2040
Insert requirement that all
development must
comply with additional or
more restrictive criteria of
the Ukiah Municipal
Airport Land Use
Compatibility Plan
Dwelling groups may not be rented
less than 30 days
Dwelling groups not allowed in airport
compatibility zones 1, 2, 3, 5
200 square feet/unit of Common Open
Space required, up to 60 sf may be
private
Dwelling units shall be clustered
around common open space, not
separated by fencing. Primary
entry/covered porch encouraged.
-Dwelling Group, Cottage
-Duplex, Stacked
-Duplex, Side by Side
-Townhome
Included in Ukiah City Code Ch. 2
Article 21 Definitions

Agenda Item No: 8.d.

MEETING DATE/TIME: 10/16/2024

ITEM NO: 2024-668

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Approval of Reclassification of the Rate and Resource Analyst Position into a Job Series and the Unfreezing of the Assistant Electric Utility Director Position; and Approval of Corresponding Budget Amendment.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director, Sheri Mannion, H.R. Director/Risk Manager
PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

1. Electric Rate and Resource Analyst Series Job Descriptions

2. Management Unit Salary Schedule
Summary: Council will consider approving a reclassification of the Rate and Resource Analyst position into a job series and unfreezing the Assistant Electric Utility Director position. Council will also consider approval of a corresponding budget amendment.

Background: As part of the overall routine maintenance of the classification and compensation schedules for the City of Ukiah, the Human Resources Department is responsible for evaluating classifications, developing new classifications (including appropriate salary levels), examining salary grade adjustments, and making recommendations for additions, modifications, and/or corrections to classifications and Memoranda of Understanding.

Discussion: In the 2023 budget, the City Council approved the addition of a new position within the Electric Utility Department (EUD) to support rate development and the management of energy resources. Over the past year, the EUD has encountered challenges in recruiting for the Rate and Resource Analyst position and has been unable to attract candidates at this current classification level.

To expand the pool of potential candidates, the Electric Utility Department is requesting Council's approval of a reclassification of this position into a job series, to comprise three levels- Analyst I, Analyst II, and Senior Analyst. Staff believes this approach will offer greater flexibility by allowing the EUD to hire at an entry level with the opportunity for growth and advancement into the Senior Analyst role. The proposed structure mirrors the progression of other Management Analyst roles within the City. Please refer to the attached job descriptions (Attachment 1 - A, B, & C) and the Management Unit Salary Schedule (Attachment 2) for further details.

Additionally, Staff is seeking authorization to unfreeze the Assistant Electric Utility Director position. In 2017, Council approved the reclassification of the Power Engineer position into a series (Power Engineer or Senior Power Engineer) due to the competitive market for engineering professionals. The recent resignation of the current Senior Power Engineer has led the EUD to re-evaluate this position in relation to current operational needs. As a result of this re-evaluation, Staff believes that allowing the option to recruit either an Assistant Electric Utility Director with an engineering degree or a qualified engineering professional who could advance into senior-level roles could again provide a larger pool of candidates to choose from. Only one position will be filled at the appropriate level.

Ultimately, in Staff's opinion the reclassification of the Analyst position and unfreezing of the Assistant Electric Utility Director position are essential steps in ensuring the City has the flexibility needed to attract a larger, more diverse pool of qualified candidates. This flexibility is important to strengthen our team and support the long-term success of the Electric Utility.

To recruit and hire at the Assistant Electric Utility Director level, a budget amendment will be required for an increase of $53,000. This position has been unfilled for a few years. Based upon a number of salary adjustments that have occurred since that time, the salary for the position has been slightly reduced in order to keep it in line with other Department Head positions (See Management Unit Salary Schedule - Attachment 2).

For all the reasons above, Staff recommends Council approve the reclassification of the Rate and Resource Analyst position into a job series, the unfreezing of the Assistant Electric Utility Director position, and the approval of a corresponding budget amendment.

Recommended Action: Approve reclassification of the Rate and Resource Analyst position into a job series and unfreeze the Assistant Electric Utility Director position; and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: Budgeted at the Senior Power Engineer level $221,616 PROPOSED BUDGET AMOUNT: $274,616
FINANCING SOURCE: 80026400
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sheri Mannion, Human Resources/Risk Management Director DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

JOB DESCRIPTION

ELECTRIC RATE AND RESOURCE ANALYST I
(Exempt / Management Position)

DEFINITION
Under general direction of the Electric Utility Director, performs detailed analytical work in support of a variety of Electric Utility projects and programs including electric rate development, energy supply and delivery analysis, detailed financial and rate analysis; participates in special studies in support of Electric Utility business; exhibits excellent judgment and decision-making regarding policies and procedures; collaborates with management and coworkers in providing consultation services in areas of Electric Utility expertise; and other related duties as required.

EXAMPLES OF DUTIES
These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title. • Gather, compile, tabulate, analyze and report statistical customer billing/usage information.
• Provide day-to-day support to other divisions regarding rates, data gathering and analysis, budgeting, and project management.
• Work with metering and billing personnel, as needed, to calculate customer account corrections.
• Review and confirm calculations associated with monthly large commercial bill processing and customer self-generation.
• Perform validation and auditing of customer rate class assignments and recommend reassignment in accordance with approved rate schedules. • Assist in the development of utility rates; monitor revenue and rate schedule performance.
• Develop an in-depth level understanding of the Utility system operation, including generation, transmission and distribution assets, planning requirements and compliance obligations.
• Research and compile data related to other electric utilities and prepare related reports. • Research, analyze, and make recommendations regarding proposed legislation, regulatory changes, power supply contracts, energy transactions, and current trends that affect the City's position in the energy market.

Attachment 1 - A

• Gather data and prepare State and Federal compliance reports. • Prepare and present staff reports for City Council, boards, and commissions. • Assist with budget preparation and financial planning by compiling data, preparing and creating financial models and forecasts, and preparing financial reports. • Perform complex technical and economic analyses; review and create a variety of documents and reports.
• Perform related work as required.

MINIMUM QUALIFICATIONS
Knowledge and Skills:
• Data analysis techniques, including technical, statistical and financial as it relates to electric utility data.
• Technical and professional business writing procedures and techniques. • Electric utility operating practices and procedures.
• Principles and practices of mathematical and statistical analysis and modeling. • Principles and practices of budget preparation and public administration. • Research techniques and documentation methods.

Ability to:
• Create and use excel models and computer applications to analyze large, complex sets of data.
• Identify and interpret technical and numerical information. • Prepare and give presentations; administer budgets; communicate effectively both orally and in writing.
• Interpret laws, regulations, and policies.
• Maintain record-keeping systems.
• Operate a variety of standard and specialized equipment and software. • Travel to out-of-town meetings, occasionally with overnight stays.

Education and Experience:

Any combination of experience and education that would provide the required knowledge and ability is qualifying. A typical combination is:
• Possession of a bachelor's degree from an accredited college or university in a highly analytical field, such as engineering, finance, economics, accounting, science, or mathematics.

• Three years of professional experience involving exposure to multiple facets of electric utility rates and business practices; utility billing operation systems; working with databases, spreadsheets and other software applications as it relates to data compilation and analysis for a public agency. Knowledge of Tyler Munis, Electric Utility billing and metering is highly desirable.

Necessary Special Requirements:
• Possession of a valid Class C California Driver's License.

Working Conditions:
• Primarily office environment with some outside site visits and occasionally out-oftown/overnight travel, generally driving a car. • Essential and marginal functions may require maintaining physical condition necessary for sitting, standing, and walking over uneven ground for prolonged periods of time. • Using various office equipment, including a computer screen, keyboard, and telephone. • Lifting up to 30 pounds.

JOB DESCRIPTION

ELECTRIC RATE AND RESOURCE ANALYST II
(Exempt / Management Position)

DEFINITION
Under general direction of the Electric Utility Director, performs detailed analytical work in support of a variety of Electric Utility projects and programs including electric rate development, energy supply and delivery analysis, detailed financial and rate analysis; participates in special studies in support of Electric Utility business; exhibits excellent judgment and decision-making regarding policies and procedures; collaborates with management and coworkers in providing consultation services in areas of Electric Utility expertise; and other related duties as required.

EXAMPLES OF DUTIES
These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title. • Gather, compile, tabulate, analyze and report statistical customer billing/usage information.
• Provide day-to-day support to other divisions regarding rates, data gathering and analysis, budgeting, and project management.
• Work with metering and billing personnel, as needed, to calculate customer account corrections.
• Review and confirm calculations associated with monthly large commercial bill processing and customer self-generation.
• Perform validation and auditing of customer rate class assignments and recommend reassignment in accordance with approved rate schedules. • Assist in the development of utility rates; monitor revenue and rate schedule performance.
• Develop an in-depth level understanding of the Utility system operation, including generation, transmission and distribution assets, planning requirements and compliance obligations.
• Research and compile data related to other electric utilities and prepare related reports. • Research, analyze, and make recommendations regarding proposed legislation, regulatory changes, power supply contracts, energy transactions, and current trends that affect the City's position in the energy market.

Attachement 1 - B

• Gather data and prepare State and Federal compliance reports. • Prepare and present staff reports for City Council, boards, and commissions. • Assist with budget preparation and financial planning by compiling data, preparing and creating financial models and forecasts, and preparing financial reports. • Perform complex technical and economic analyses; review and create a variety of documents and reports.
• Perform related work as required.

MINIMUM QUALIFICATIONS
Knowledge of:
• Basic knowledge of electric power resources (i.e. generation, transmission, distribution, energy efficiency, energy storage).
• Data analysis techniques, including technical, statistical and financial as it relates to electric utility data.
• Mathematics, statistical, financial and accounting methods for revenue, cost and rate analysis, and methods of graphic presentation.
• Technical and professional business writing procedures and techniques. • Electric utility operating practices and procedures.
• Principles and practices of mathematical and statistical analysis and modeling. • Principles and practices of budget preparation and public administration; electric utility personnel management; codes and laws.

Ability to:
• Perform complex professional and analytical work in support of a variety of Electric Utility projects and programs, especially as it relates to customer information services.
• Identify and interpret technical and numerical information. • Observe and analyze problems; evaluate alternatives and make recommendations in accordance with regulations, operational and technical policies and procedures. • Create and use database models and computer applications to analyze large, complex data sets.
• Prepare and give presentations; administer budgets; communicate effectively both orally and in writing.
• Interpret laws, regulations, and policies.
• Maintain record-keeping systems.
• Operate a variety of standard and specialized equipment and software. • Travel to out-of-town meetings, occasionally with overnight stays. • Establish and maintain cooperative relationships with those contacted during the course of work.

Education and Experience:

Any combination of experience and education that would provide the required knowledge and ability is qualifying. A typical combination is:
• Possession of a bachelor's degree from an accredited college or university in a highly analytical field, such as engineering, finance, economics, accounting, science, or mathematics.
• Two years of related electric utility professional experience.

Three years of professional experience involving exposure to multiple facets of electric utility rates and business practices; utility billing operation systems; working with databases, spreadsheets and other software applications as it relates to data compilation and analysis for a public agency. Knowledge of Tyler Munis, Electric Utility billing and metering is highly desirable.

Necessary Special Requirements:

Possession of a Class C California Driver's License
Working Conditions:
• Primarily office environment with some outside site visits and occasionally out-oftown/overnight travel, generally driving a car. • Essential and marginal functions may require maintaining physical condition necessary for sitting, standing, and walking over uneven ground for prolonged periods of time.
• Using various office equipment, including a computer screen, keyboard, and telephone.
• Lifting up to 30 pounds.

JOB DESCRIPTION

SENIOR ELECTRIC RATE AND RESOURCE ANALYST
(Exempt / Management Position)

DEFINITION
Under general direction of the Electric Utility Director, performs complex and comprehensive analytical work in support of a variety of Electric Utility projects, programs including electric rate development, energy supply and delivery analysis, detailed financial and rate analysis; participates in special studies in support of Electric Utility business; exhibits excellent judgment and decision-making regarding policies and procedures; collaborates with management and co-workers in providing consultation services in areas of Electric Utility expertise; and other related duties including supervision as required.

EXAMPLES OF DUTIES
These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title. • Develop utility rates; monitors revenue and rate schedule performance. • Conduct detailed energy resource planning studies to optimize the City’s supply portfolio and provide analysis of electricity and natural gas market price trends and data.
• Research, analyze, and make recommendations regarding proposed legislation, regulatory changes, power supply contracts, energy transactions, and current trends that affect the City's position in the energy market.
• Develop, modify, maintain, and use computer-based models related to power production costs, current market transactions, forecasts of need and supply, and anticipated procurement costs; validate model assumptions and address needed changes in the model planning process, as appropriate.
• Participates with other agencies in the procurement, scheduling, and delivery of electric power and energy requirements to develop recommendations for Director approval.
• Gather data and prepare State and Federal compliance reports. • Ensure compliance with policies and regulatory requirements, including resource adequacy, risk management, and reliability.
• Develop and maintain records of resource requirements, portfolio, and financial plans.
• Prepare, develop, and analyze various types of data to support Electric Department business activities, administer contracts, and develop agreements related to Utility needs.
• Prepare and present staff reports for City Council, boards, and commissions.

Attachment 1- C

• Participate in various types of record system development, implementation, and performance monitoring of the record system for accuracy. • Prepare Requests for Proposals (RFP's); evaluate RFP responses and assist with negotiation and drafting of contracts including, Professional Services Agreements and Power Purchase Agreements, and various operational contracts. • Assist with budget preparation and financial planning by compiling data, preparing and creating financial models and forecasts, and preparing financial reports. • Perform complex technical and economic analyses; reviews and creates a variety of documents and reports.
• Develop and implement goals, objectives, policies, and procedures related to areas of responsibility.
• Perform research and data development related to position analysis and performance measures.
• Perform related work as required.

MINIMUM QUALIFICATIONS
Knowledge of:
• Methods, techniques, principles, and practices used in power supply planning and contracts, electric economics, risk management, ratemaking, financial planning, and project development/management.
• Knowledge of applicable legislation, regulation, and other compliance requirements. • Principles and practices of budget preparation and public administration; electric utility personnel management; codes and laws.

Ability to:
• Plan, initiate, and complete work assignments with a minimum of direction; analyze administrative problems, evaluate alternatives, and make creative recommendations; assume control of a project and make sound recommendations; properly interpret and make decisions in accordance with laws, regulations and policies; prepare and write complete and accurate reports.
• Perform skilled work in the areas of planning, evaluation, acquisition, and operation of bulk power supplies and delivery resources; develop electric rate schedules, participate in the budget process, and complete related work as required. • Prepare and give presentations; administer budgets; communicate effectively both orally and in writing.
• Interpret laws, regulations, and policies.
• Maintain record-keeping systems.
• Operate a variety of standard and specialized equipment and software. • Travel to out-of-town meetings, occasionally with overnight stays. • Establish and maintain cooperative relationships with those contacted during the course of work.

Education and Experience:

Any combination of experience and education that would provide the required knowledge and ability is qualifying. A typical combination is:
• Possession of a bachelor's degree from an accredited college or university in a highly analytical field, such as engineering, finance, economics, accounting, science, or mathematics.
• Five years of related electric utility professional experience; two years of related experience and/or supervision.

Necessary Special Requirements:

Possession of a Class C California Driver's License
Working Conditions:
• Primarily office environment with some outside site visits and occasionally out-oftown/overnight travel, generally driving a car. • Essential and marginal functions may require maintaining physical condition necessary for sitting, standing, and walking over uneven ground for prolonged periods of time.
• Using various office equipment, including a computer screen, keyboard, and telephone.
• Lifting up to 30 pounds.

Management Unit
Salary Schedule
Effective September 29, 2024
Grade Classification Step 0 Step 1 Step 2 Step 3 Step 4 2570 Assistant Electric Utility Director Annual $ 180,810.84 $ 189,851.40 $ 199,344.00 $ 209,311.20 $ 219,776.76 Monthly $ 15,067.57 $ 15,820.95 $ 16,612.00 $ 17,442.60 $ 18,314.73 Hourly $ 86.93 $ 91.27 $ 95.84 $ 100.63 $ 105.66
2594 Electric Superintendent Annual $ 168,657.64 $ 177,090.48 $ 185,945.04 $ 195,242.28 $ 205,004.40 Monthly $ 14,054.80 $ 14,757.54 $ 15,495.42 $ 16,270.19 $ 17,083.70 Hourly $ 81.09 $ 85.14 $ 89.40 $ 93.87 $ 98.56
2582 Assistant Finance Director Annual $ 137,421.87 $ 144,292.92 $ 151,507.56 $ 159,082.92 $ 167,037.12 2571 Senior Power Engineer Monthly $ 11,451.82 $ 12,024.41 $ 12,625.63 $ 13,256.91 $ 13,919.76 2573 Deputy Director of Public Works Hourly $ 66.07 $ 69.37 $ 72.84 $ 76.48 $ 80.31 2574 Chief Building Official Annual $ 115,560.78 $ 121,338.84 $ 127,405.80 $ 133,776.12 $ 140,464.92 2575 Chief Planning Manager Monthly $ 9,630.07 $ 10,111.57 $ 10,617.15 $ 11,148.01 $ 11,705.41 2589 Senior Civil Engineer Hourly $ 55.56 $ 58.34 $ 61.25 $ 64.32 $ 67.53 2595 Information Technology Manager
2637 City Clerk
2671 Airport Manager
2674 Fleet & Facilities Maintenance Manager
2580 Power Engineer Annual $ 102,642.06 $ 107,774.16 $ 113,162.88 $ 118,821.00 $ 124,762.08 2593 Community Services Supervisor Monthly $ 8,553.50 $ 8,981.18 $ 9,430.24 $ 9,901.75 $ 10,396.84 2601 Financial Services Manager Hourly $ 49.35 $ 51.81 $ 54.41 $ 57.13 $ 59.98 2592 Controller
2622 Housing & Grants Manager
2572 Senior Electric Rate and Resource Analyst
2591 Senior Management Analyst
2620 Associate Engineer Annual $ 95,033.50 $ 99,785.16 $ 104,774.40 $ 110,013.12 $ 115,513.80 2636 Building Official Monthly $ 7,919.46 $ 8,315.43 $ 8,731.20 $ 9,167.76 $ 9,626.15 2623 GIS Analyst II Hourly $ 45.69 $ 47.97 $ 50.37 $ 52.89 $ 55.54 2731 Payroll Administrator
2621 Planning Manager
2624 Project and Grants Administrator
2725 Purchasing Manager
2588 Senior Information Technology Specialist
2596 Wastewater Treatment Plant Supervisor
2598 Water Treatment Plant Supervisor
2600 Water/Sewer/Streets Maintenance Supervisor
2689 Billing & Customer Services Manager Annual $ 83,130.42 $ 87,286.92 $ 91,651.32 $ 96,233.88 $ 101,045.52 2680 Building Maintenance Supervisor Monthly $ 6,927.53 $ 7,273.91 $ 7,637.61 $ 8,019.49 $ 8,420.46 Electric Rate and Resource Analsyt II Hourly $ 39.97 $ 41.96 $ 44.06 $ 46.27 $ 48.58 2659 Management Analyst II
2684 Museum Director
2686 Parks/Golf Superintendent
2681 Recreation Supervisor
2687 Senior Accountant
2716 Senior Building Inspector
2710 Associate Accountant Annual $ 72,865.50 $ 76,508.76 $ 80,334.24 $ 84,351.00 $ 88,568.52 2735 Associate Planner Monthly $ 6,072.13 $ 6,375.73 $ 6,694.52 $ 7,029.25 $ 7,380.71 2709 Assistant Billing & Collections Manager Hourly $ 35.03 $ 36.78 $ 38.62 $ 40.55 $ 42.58 Electric Rate and Resource Analyst I
2708 GIS Analyst I
2715 Management Analyst I
Council Approved 10/2/2024
Attachment 2

Agenda Item No: 8.e.

MEETING DATE/TIME: 10/16/2024

ITEM NO: 2024-629

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Approval of Minor Reorganization of Housing and Grants Management Divisions of the Community Development Department; and Approval of Corresponding Budget Amendment.

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

1. Project and Grant Administrator Job Description

2. Management Unit Salary Schedule
Summary: Council will consider approval of a minor reorganization of the Housing and Grants Management Divisions of the Community Development Department; and approval of a corresponding budget amendment.

Background: As part of the overall routine maintenance of the classification and compensation schedules for the City of Ukiah, the Human Resources Department is responsible for evaluating classifications, developing new classifications (including appropriate salary levels), examining salary grade adjustments, and making recommendations for additions, modifications, and/or corrections to classifications and Memoranda of Understanding.

The Community Development Department is comprised of eight divisions - Planning, Building, Housing, Grants Management, Code Enforcement, Fire Prevention, Business Services, and Climate Adaptation and Resilience- and a staff of 12 full-time equivalent (FTE) employees. The Housing Division was created by City Council in Fall 2017. The Grants Management Division was created in Summer 2021. The two Divisions are currently staffed by two full-time positions, a Housing and Grants Manager and a Grants Manager (Management Analyst II), who share the activities and responsibilities of both Divisions.

Since the creation of the Housing Division seven years ago, and especially since the filling of the Housing and Grants Manager position in Fall 2021, the Division has grown from an administration of 1-2 housing-related programs to include multiple CDBG, HOME, Ukiah Housing Trust Fund, and related housing, infrastructure, economic development, public facilities, and planning study projects and programs. At one time during this period, the Division managed 10-15 federal and state grants totaling approximately $5 million. The Grants Management Division has experienced a similar meteoric expansion in revenue since its creation in 2022, securing multiple grant awards for City departments totaling approximately $27.5 million.

As the portfolio of grants administered and managed by the two Divisions has grown, the need for project management services for new programs and projects created through secured grants has also increased. For housing and economic development-related services, the Community Development Department has utilized existing personnel capacities across multiple divisions - code enforcement, fire prevention, planning, and building - to successfully implement and manage new programs and projects. The Department's crossdivisional approach for implementation of code enforcement and housing rehabilitation programs has been recognized by the State Department of Housing and Community Development as an innovative model for other communities across the state.

A growing unmet need, however, is project management responsibilities arising from newly secured grants for other City departments and divisions. One recent example of this is the Grants Management Division's securing of a $5.6 million grant for construction of a broadband fiber optic infrastructure network. Although up to $500,000 is available over a two-year period for project and construction management services, the City currently has limited in-house capacity to perform these services.

Discussion: To meet the current unmet and anticipated future needs related to project management and housing and grants management services, the Department proposes to add one new FTE Project and Grant Administrator position within the Community Development Department.

In the immediate term, this position would manage the construction of the broadband fiber optic network, which is anticipated to require up to 75% of one FTE position over an 18-month construction period. Gradually during this period, and upon completion of the broadband project, this position would transition into performing more construction and project management activities for other City departments. The position would also still support housing and grants activities within the divisions of Housing and Grants Management. A job description for the new Project and Grant Administrator is attached as Attachment 1. The pay range for the Project and Grant Administrator position, a Management Unit classification, would be $95,033.50 - $115,513.80. The Management Unit Salary Schedule is attached as Attachment 2.

The Department proposes to retain the existing positions - Housing and Grant Manager and Grants Manager (Management Analyst) - within both divisions. This would bring the total staffing for the Housing and Grants Management Divisions from two (2) to three (3) FTEs.

Although a budget amendment is required to add the new Project and Grant Administrator position, there is no net cost to the City as current grant revenues are more than adequate to fully fund all existing and future personnel within both divisions. Current "administration-staffing" revenue for the divisions is a total of $1,350,000 over the next three years, consisting of $700,000 in implementation funding and $650,000 in indirect cost revenue.

Staff requests Council approve the minor reorganization of the Housing and Grants Management Divisions of the Community Development Department, as described above, as well as a corresponding budget amendment.

Recommended Action: Approve minor reorganization of the Housing and Grants Management Divisions of the Community Development Department and corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 0
PROPOSED BUDGET AMOUNT: Expense 20023510 $75,000; Revenue 20023510.43209 $75,000 FINANCING SOURCE: Various grants
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sheri Mannion, Human Resources/Risk Management Director; Jim Robbins, Housing and Grants Manager
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

JOB DESCRIPTION

COMMUNITY DEVELOPMENT / PROJECT AND GRANT ADMINISTRATOR (Exempt / Management Position)

DEFINITION
Under the general supervision of the Housing and Grants Manager and Director of Community Development, the Project and Grant Administrator will manage all sizes of capital and grant funded improvement projects, mainly initiated and/or overseen by the Community Development Department but also in support of various City projects and programs. The position will manage all sizes of capital improvement projects from inception to completion. In addition, the position will research and develop funding proposals and volunteer efforts to support programs and capital improvement projects for the City of Ukiah.

EXAMPLES OF DUTIES
These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.
• Develop, implement, administer and maintain major and/or projects from program planning through final acceptance of construction and warranty.
• Initiate, prepare and present feasibility studies, complex cost estimates, schedules, and programs for the development of new facilities and the alteration of existing facilities. • Organize, and direct the planning, design, and preparation of construction drawings, specification, financial analysis, schedules, and estimates for assigned projects. • Conduct analyses and prepare responses on capital project proposals, and provide on-going reports on projects, attend meetings, and coordinate project work with other City staff and departments. • Track and monitor all project activities; review work under construction to make sure that all new construction and alteration work being performed by contractors complies with plans, specifications and codes; coordinates the work of multi-disciplinary staff across organizational boundaries. • Prepare budget reports and cost control analyses; keep projects within approved budgets and schedules; analyze claims and recommend approval of consultant/contract payments. • Supervise the consultant and contractor selection process. Responsible for fee negotiations and oversight of related contracts.
• Oversee project consultants/contractors and attend meetings at various sites. • Evaluate the performance of a contractor performing a service under a contract and recommend changes as indicated by quantity and quality of service provided. • Coordinate and conduct community meetings associated with project(s) and respond to community issues and concerns.
• Conduct presentations to governmental and regulatory agencies, community groups and the City Council.

Attachment 1

• Communicate effectively, oral and written, including the preparation and presentation of staff reports.
• Review revenues and expenditures, project status, to ensure proper implementation of funds. • Coordinate and lead the activities to search, apply, and implement grants/loans that support programs and capital improvement projects for Community Development and other various City departments.
• Write, obtain reviews, and submit letters of intent for grant funds. • Acquire information from program staff, develop draft narratives and budgets for submission to private and public sources.
• Manage the procurement process as it relates to the expenditure of grant funds. • Maintain schedule of grant application deadlines and requirements. • Develop and maintain relationships with funders and maintain funding files. • Prepare timely reports as required to the granting agencies. • Ensure full compliance of all proposals with grantor requirements as to content, format, and documentation.
• Collaborate in defining and implementing project funding strategies. • Conduct interdepartmental meetings to identify and prioritize project needs and coordinate and research grant preparation assignments.
• Confer with personnel affected by proposed program to develop program goals and objectives, outline how funds are to be used, and explain procedures necessary to obtain funding. • Develop and incorporate outcome measurement standards, evaluation processes, and reporting into all grant proposals.
• Review literature dealing with funds available through grants from governmental agencies and private foundations to determine feasibility of developing programs to supplement local annual budget allocations.
• Coordinate and plan scheduling of activities in accordance of funding guidelines. • Work flexible hours, including weekends and holidays as required. • Perform other related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge and Skills:
• Highly motivated individual with proven success in grant writing and/or project management. • Excellent writing, editing, research, oral, and organizational skills. • Computer skills necessary for researching and producing proposals including experience with Microsoft Office Suite applications.
• Knowledge of project and construction management practices, applicable safety standards. • Knowledge of applicable federal, state and local laws, codes, rules & regulations. • Knowledge of construction and building practices.
• Knowledge of grant application process and writing.
• Knowledge of various grant programs available to city government. • Excellent organization skills.
• Excellent interpersonal skills.
• Safe work practices.

Ability to:
• Follow strict deadlines and be highly organized.
• Identifying new sources of funding.
• Work under pressure to meet deadlines for grant opportunities. • Interpret building plans and construction specifications. • Develop, write, and implement strategic plans and ability to provide necessary documentation to support grant requirements.
• Take initiative and utilize innovative techniques and ingenuity in preparing funding application. • Read, interpret, and apply laws, rules, and regulations. • Plan, prioritize and coordinate multiple projects.
• Gather, analyze, and evaluated a variety of data.
• Participate as a team player to lead and coordinate grant projects. • Self-motivate.

Education and Experience:

Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain these qualifications would be:
• At least three years of increasingly responsible experience in performing research, analysis and project management, as well as grant writing experience. • A combination of education and experience that could likely provide the required knowledge, skills and abilities to perform the essential functions of the job. Additional coursework or training in project management and grant writing is desirable.

Necessary Special Requirements:
• Possession of a valid Class C California Driver's License.

Management Unit
Salary Schedule
Effective September 29, 2024
Grade Classification Step 0 Step 1 Step 2 Step 3 Step 4 2570 Assistant Electric Utility Director Annual $ 181,006.51 $ 190,056.84 $ 199,559.64 $ 209,537.64 $ 220,014.48 Monthly $ 15,083.88 $ 15,838.07 $ 16,629.97 $ 17,461.47 $ 18,334.54 Hourly $ 87.02 $ 91.37 $ 95.94 $ 100.74 $ 105.78
2594 Electric Superintendent Annual $ 168,657.64 $ 177,090.48 $ 185,945.04 $ 195,242.28 $ 205,004.40 Monthly $ 14,054.80 $ 14,757.54 $ 15,495.42 $ 16,270.19 $ 17,083.70 Hourly $ 81.09 $ 85.14 $ 89.40 $ 93.87 $ 98.56
2582 Assistant Finance Director Annual $ 137,421.87 $ 144,292.92 $ 151,507.56 $ 159,082.92 $ 167,037.12 2571 Senior Power Engineer Monthly $ 11,451.82 $ 12,024.41 $ 12,625.63 $ 13,256.91 $ 13,919.76 2573 Deputy Director of Public Works Hourly $ 66.07 $ 69.37 $ 72.84 $ 76.48 $ 80.31 2574 Chief Building Official Annual $ 115,560.78 $ 121,338.84 $ 127,405.80 $ 133,776.12 $ 140,464.92 2575 Chief Planning Manager Monthly $ 9,630.07 $ 10,111.57 $ 10,617.15 $ 11,148.01 $ 11,705.41 2589 Senior Civil Engineer Hourly $ 55.56 $ 58.34 $ 61.25 $ 64.32 $ 67.53 2595 Information Technology Manager
2637 City Clerk
2671 Airport Manager
2674 Fleet & Facilities Maintenance Manager
2580 Power Engineer Annual $ 102,642.06 $ 107,774.16 $ 113,162.88 $ 118,821.00 $ 124,762.08 2593 Community Services Supervisor Monthly $ 8,553.50 $ 8,981.18 $ 9,430.24 $ 9,901.75 $ 10,396.84 2601 Financial Services Manager Hourly $ 49.35 $ 51.81 $ 54.41 $ 57.13 $ 59.98 2592 Controller
2622 Housing & Grants Manager
Senior Electric Rate and Resource Analyst
2591 Senior Management Analyst
2620 Associate Engineer Annual $ 95,033.50 $ 99,785.16 $ 104,774.40 $ 110,013.12 $ 115,513.80 2636 Building Official Monthly $ 7,919.46 $ 8,315.43 $ 8,731.20 $ 9,167.76 $ 9,626.15 2623 GIS Analyst II Hourly $ 45.69 $ 47.97 $ 50.37 $ 52.89 $ 55.54 2731 Payroll Administrator
2621 Planning Manager
2624 Project and Grants Administrator
2725 Purchasing Manager
2588 Senior Information Technology Specialist
2596 Wastewater Treatment Plant Supervisor
2598 Water Treatment Plant Supervisor
2600 Water/Sewer/Streets Maintenance Supervisor
2689 Billing & Customer Services Manager Annual $ 83,130.42 $ 87,286.92 $ 91,651.32 $ 96,233.88 $ 101,045.52 2680 Building Maintenance Supervisor Monthly $ 6,927.53 $ 7,273.91 $ 7,637.61 $ 8,019.49 $ 8,420.46 Electric Rate and Resource Analsyt II Hourly $ 39.97 $ 41.96 $ 44.06 $ 46.27 $ 48.58 2659 Management Analyst II
2684 Museum Director
2686 Parks/Golf Superintendent
2681 Recreation Supervisor
2687 Senior Accountant
2716 Senior Building Inspector
2710 Associate Accountant Annual $ 72,865.50 $ 76,508.76 $ 80,334.24 $ 84,351.00 $ 88,568.52 2735 Associate Planner Monthly $ 6,072.13 $ 6,375.73 $ 6,694.52 $ 7,029.25 $ 7,380.71 2709 Assistant Billing & Collections Manager Hourly $ 35.03 $ 36.78 $ 38.62 $ 40.55 $ 42.58 Electric Rate and Resource Analyst I
2708 GIS Analyst I
2715 Management Analyst I
Council Approved 10/2/2024
Attachment 2

Agenda Item No: 8.f.

MEETING DATE/TIME: 10/16/2024

ITEM NO: 2024-684

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Reappointing Alyssa Ballard to the Demolition Permit Review Committee.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:

1. Policy Resolution No. 2014-48

2. Nomination

3. Proposed Resolution
Summary: Council will review and possibly adopt a Resolution reappointing Alyssa Ballard to the Demolition Permit Review Committee.

Background: Resolution No. 2014-48, which sets forth the procedure for filling vacancies on City Commissions and Boards, is attached as Attachment 1.

The position on the Demolition Permit Review Committee for a representative of the Mendocino County Historical Society or other group/organization involved with local history, or a local historian, has been vacant and has been noticed since July 2024. The vacancy notice has been posted in the Office of the City Clerk, the Ukiah Branch of the Mendocino County Library, the Public View Binder, and the Civic Center Glass Case. A second vacancy on the Committee, for a City of Ukiah resident with expertise in architecture, building, or closely related field (Resolution No. 2002-34) has been noticed since May 2019.

Discussion: On October 8, 2024, the Clerk’s office received an application from Alyssa Ballard seeking reappointment. Ms. Ballard is a member of the Mendocino County Historical Society and a volunteer with the Grace Hudson Museum and the Mendocino County Heritage Network. Councilmember Orozco, being the next in line to make a nomination to the Demolition Permit Review Committee, has nominated Ms. Ballard for appointment (Attachment 2).

Staff recommends that City Council adopt the attached resolution (Attachment 3), reappointing Alyssa Ballard to the Mendocino County Historical Society or other group/organization involved with local history, or a local historian position on the Demolition Permit Review Committee.

Recommended Action: Adopt Resolution reappointing Alyssa Ballard to the Demolition Permit Review Committee, with term to expire October 16, 2027.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Attachment 1

MEMORANDUM
Date: October 16, 2024
To: Kristine Lawler, City Clerk
From: Juan V. Orozco, Councilmember
Subject: Nomination for Demolition Permit Review Committee I nominate Alyssa Ballard for the Demolition Permit Review Committee to fill the Mendocino County Historical Society or other group/organization involved with local history, or a local historian position, to be considered at the October 16, 2024, Regular City Council meeting.

Signature ______________________________
ATTACHMENT 2

Attachment 3
RESOLUTION NO. 2024-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REAPPOINTING ALYSSA

BALLARD TO THE DEMOLITION PERMIT REVIEW COMMITTEE
WHEREAS, the position for a representative of the Mendocino County Historical Society or other group/organization involved with local history, or a local historian has been vacant and has been noticed since July, 2024; and
WHEREAS, the vacancy was duly noticed in the Office of the City Clerk, the Ukiah Branch of the Mendocino County Library, the Public View Binder, and the Civic Center Glass Case; and WHEREAS, the City Clerk’s office received an application from Alyssa Ballard seeking reappointment. She is a member of the Mendocino County Historical Society, a volunteer with the Grace Hudson Museum, and with the Mendocino County Heritage Network; and WHEREAS, Councilmember Orozco, being the next in line to make an appointment to this committee, has nominated Ms. Ballard for the position.

NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approve the nomination, submitted per procedures outlined in Resolution 2014-48, and does hereby appoint the following person and term:

BOARD/

COMMISSION

NAME POSITION NOMINATED BY

COUNCILMEMBER
Demolition Permit
Review Committee
Alyssa Ballard Member representative of the
Mendocino County Historical
Society or other
group/organization involved
with local history, or a local
historian
(Term expires October 16,
2027)
Orozco
PASSED AND ADOPTED this 16th day of October 2024, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Douglas F. Crane, Vice Mayor
ATTEST:

Araceli Sandoval, Acting Clerk

Agenda Item No: 12.a.

MEETING DATE/TIME: 10/16/2024

ITEM NO: 2024-648

AGENDA SUMMARY REPORT
SUBJECT: Consider Adoption of a Resolution to Adopt an Initial Study and Mitigated Negative Declaration for the Construction of a 1.9-Mile Multimodal Trail Segment of the Great Redwood Trail - Ukiah (Phase 4).

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

1. Notice of Intent (NOI)

2. Draft Initial Study and Mitigated Negative Declaration - ISMND

3. Public Agency Comments & Staff Response

4. Draft Resolution

5. 12a Presentation given at meeting
Summary: The City Council will conduct a public hearing and consider adoption of a resolution to adopt an Initial Study and Mitigated Negative Declaration for the construction of a 1.9-mile multimodal trail segment of the Great Redwood Trail (GRT) - Ukiah (Phase 4).

Background: In 1999, the City of Ukiah began to plan a new Class I trail facility (a paved right-of-way for bicycles and pedestrians), adjacent to the Northwestern Pacific (NWP) railroad tracks in the North Coast Railroad Authority (NCRA) right-of- way corridor. The trail concept first appeared in the City’s 1999 Bicycle Master Plan. The planning for the overall NWP Rail Trail Project was further advanced in the 2002 Rail Trail Feasibility Study, and the Project was ranked as the highest priority in the Bicycle Master Plan in the 2006 Mendocino County Regional Bikeway Plan.

In 2012, the City approved the first phase of the project, which was the first rail-with-trail project to be designed and constructed within the NCRA right-of-way in Mendocino County. Phase 1 was completed in 2015, and in that same year, the Ukiah Bicycle & Pedestrian Master Plan was adopted by the City Council, furthering the City’s efforts for a holistic transportation system. In 2018, the City approved the construction documents for Phases 2 and 3 of the Great Redwood Trail - Ukiah. Construction commenced in the winter of 2019 and was completed by the spring of 2020. In June 2020, the Ukiah City Council officially designated the trail as a recreation/park facility and renamed it the ‘The Great Redwood Trail – Ukiah’. Later that year, the City adopted the Great Redwood Trail - Ukiah Linear Park Master Plan to evaluate ancillary trail features and uses.

In May 2021, the City was awarded an Urban Greening Grant from the California Natural Resources Agency to construct the Phase 4 segment of the Great Redwood Trail – Ukiah. In September 2021, the City Council awarded a professional services agreement to prepare the plans and specifications for Phase 4, which was subsequently amended in 2022. A contract was awarded by the City Council for the construction of Phase 4 in May 2024 to Granite Construction.

Phase 4 will construct a 1.9-mile multimodal trail segment of the Great Redwood Trail (GRT) in the south of Ukiah. The trail will provide a walking and biking facility from the existing southern terminus of the GRT-Ukiah at Commerce Drive to existing municipal facilities at Plant Road that will be improved to feature a small

parking area and trail head with seating and recreational amenities. In addition to the safety and connectivity improvements, the trail would provide opportunities for enhanced access to the GRT-Ukiah, as the Project would cross Airport Road and Norgard Lane, and include the proposed construction of two (2) pedestrian access points to Panda Express and the Holiday Inn parking lot within the Redwood Business Park. The proposed pathway would meander within the Great Redwood Trail Agency right-of-way and consist of a 10- foot wide asphalt concrete paved pedestrian and bicycle facility, with 2-foot-wide-gravel shoulders on either side, for a total width of 14 feet, paralleling the existing railroad tracks.

Originally, Phase 4 of the GRT - Ukiah was intended to be located on the centerline of the tracks, but the City of Ukiah elected to shift the alignment to the east side of the tracks based on concerns that rail-banking for this corridor would not be approved by the California Public Utilities Commission (CPUC) in a timely manner. To date, the lack of rail-banking remains an obstacle to the development of the GRT-Ukiah, as well as other segments of the GRT outside Ukiah. The result of shifting Phase 4 to the east of the tracks introduced several additional design and environmental requirements. In 2024, prior to commencing construction, it was determined that further environmental analysis under the California Environmental Quality Act (CEQA) was required to address the needs and considerations of agencies having jurisdiction.

On August 29, 2024, the City of Ukiah circulated Attachment 1, a Notice of Intent (NOI), commencing a 30-day period to identify environmental issue and areas potentially affected if the project were to be implemented. For the most part, the issues identified were generally related to grading, drainage, tree removal and wetland preservation. Nearly all of these considerations were interwoven into the project design, and agency permitting was addressed through additional contracts for environmental services and monitoring in 2023. The selected design for Phase 4 is proposed pursuant to the previously adopted rail-with-trail policy of the former North Coast Railroad Authority (NCRA), and thus can be constructed and operated adjacent to the existing railroad tracks without necessitating the abandonment or rail-banking of the subject property prior to approval.

More information about the Project can be found on the City of Ukiah weblink: https://cityofukiah.com/greatredwood-trail-ukiah-phase-4/ Discussion: As described within the Draft Initial Study and Mitigated Negative Declaration - ISMND (Attachment 2), the Project involves application for an Encroachment Permit to the Great Redwood Trail Agency (GRTA) to construct a 1.9 mile multimodal trail segment of the GRT - Ukiah (Phase 4). The Project will provide a Class 1 paved walking and biking facility from the existing southern terminus of the GRT - Ukiah at Commerce Drive to existing municipal facilities at Plant Road that will be improved to feature a small parking area and trailhead with seating and limited recreational amenities, such as tables. In addition to safety and connectivity improvements, the trail would provide opportunities for enhanced access to the GRT – Ukiah, as the Project would cross Airport Road and Norgard Lane and include the construction of two (2) pedestrian access points to commercial entities within the Redwood Business Park. No trail lighting is included, but lighting at the road crossings will be provided. Associated appendices for the ISMND are available for review via the aforementioned weblink.

The Project is located fully within a former railroad corridor that traverses residential, industrial, agricultural and commercial areas within and adjacent to the City of Ukiah, as well as areas within and adjacent to the County of Mendocino. The site is mostly flat with a 0 to 2 percent slope. While some naturalized areas remain along the trail, such as wetlands or valley oak woodlands, numerous segments appear highly disturbed, featuring substantial amounts of detritus and evidence of disturbance from encampments. These are located adjacent to public facilities, such as the Ukiah Municipal Airport.

The Great Redwood Trail - Ukiah is a designated park/recreation facility per Ukiah City Code §1965(C), and although not zoned, the project area is adjacent to a mixture of commercial, public facilities, residential and manufacturing uses. Nearly all the land adjacent to the Project, however, is under the ownership of the City, including the Ukiah Municipal Airport, recently annexed City-owned parcels south of Norgard Lane and north of the City’s Wastewater Treatment Facility, an undeveloped parcel with frontage along Airport Park Boulevard, as well as three (3) parcels at the terminus of Airport Road.

The City in conjunction with its technical consultants prepared field work and studies to determine potential habitat and aquatic features, submitted necessary permit applications, and undertook coordination with the following regulatory agencies: U.S. Army Corps of Engineering (USACE) Clean Water Act (CWA) Section 404 permit – North Coast Regional Water Quality Control Board (NCRWQCB) Section 401 Water Quality Certification – California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement.

Both prior to and during the public review period, Staff received comments from representatives of GRTA, CDFW, Pacific Gas & Electric, the Northwest Information Center (NWIC), and the Native American Heritage Commission (NAHC). These comments from public agencies and entities are included in Attachment 3. Staff responses to comments from the GRTA and CDFW are also included in Attachment 3.

No substantive changes have been made since the Draft ISMND was circulated for public review. As such, Staff recommends the City Council approve the adoption of a Resolution (Attachment 4) to adopt the Initial Study and Mitigated Negative Declaration for the construction of a 1.9-mile multimodal trail segment of the Great Redwood Trail - Ukiah (Phase 4).

Recommended Action: Conduct a public hearing; and adopt the resolution adopting an Initial Study and Mitigated Negative Declaration for the construction of a 1.9-mile multimodal trail segment of the Great Redwood Trail (GRT) - Ukiah (Phase 4).

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: $2,991.75 (CEQA - Environmental Document Filing Fees) PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: 51124210.80230.18253 (Great Redwood Trail - Phase 4) PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Director of Public Works / City Engineer; Jesse Davis, Chief Planning Manager
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles. 2d – Continue to expand the Great Redwood Trail – Ukiah. 4a – Implement nature-based climate solutions. 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP): MOB 1-2 (Multi-modal Access); MOB 1-9 (Bikeway Network); MOB-2.3 (Pedestrian Facilities).

City of Ukiah
Notice of Public Hearing and Intent to Adopt a
Mitigated Negative Declaration for
Great Redwood Trail - Ukiah (Phase 4)
NOTICE IS HEREBY GIVEN that a Draft Initial Study/Mitigated Negative Declaration (ISMND) under the California Environmental Quality Act has been prepared and is available for public review. A public hearing has been tentatively scheduled to consider adoption of the ISMND. See below.

PROJECT DESCRIPTION: The Project will construct a 1.9 multi-modal trail segment of the Great Redwood Trail (GRT) in the south of Ukiah. The trail will provide a walking and biking facility from the existing southern terminus of the GRT at Commerce Drive to existing municipal facilities at Plant Road that will be improved to feature a small parking area and trail head with seating and recreational amenities. In addition to the safety and connectivity improvements, the trail would provide opportunities for enhanced access to the GRT, as the Project would cross Airport Road and Norgard Lane, and includes the proposed construction of two (2) pedestrian access points to Panda Express and the Holiday Inn parking lot within the Redwood Business Park. The proposed pathway would meander within the Great Redwood Trail Agency right-of-way and consist of a 10-footwide asphalt concrete paved pedestrian and bicycle facility, with 2-foot-wide-gravel shoulders on either side, for a total width of 14 feet, paralleling the existing railroad tracks.

PROJECT LOCATION: Rail corridor from Commerce Drive to Plant Road PROJECT IMPACTS: The Draft ISMND has been prepared for the Project and is available for public review from August 29, 2024, through September 27, 2024. The ISMND is intended to analyze the impacts associated with constructing the trail, in accordance with CEQA. The ISMND will be reviewed by City Council for final consideration. As described throughout the ISMND, construction of the trail would result in temporary impacts to air quality, biological resources and wetlands. However, with the implementation of the mitigation measures listed within the ISMND, all impacts would be reduced to less than significant. The ISMND and associated documents can be found online at: http://www.cityofukiah.com/ceqa-review/ or at the Community Development Department, 300 Seminary Avenue, Ukiah, CA 95482. Written public comments may be submitted to Michelle Irace, Planning Manager via email at [email protected] or via mail at the aforementioned address.

HEARING DATE/TIME: On Wednesday, October 16 at 5:30 p.m. or soon thereafter, the Ukiah City Council will conduct a public hearing and consider adoption of the ISMND. The meeting will take place both in-person at the Civic Center Council Chambers, located at 300 Seminary Ave., Ukiah, CA, and via teleconference. Telelconference attendance details will be included on the agenda posted to the City website, http://www.cityofukiah.com/ meetings/ and at the Civic Center Agenda Board no less than 72 hours prior to the meeting.

IF YOU CANNOT ATTEND: Written comments may be submitted via email or mail to the Planner listed below, or in person prior to the hearing at the Community development Department, located at 300 Seminary Avenue, Ukiah, CA 95482. Office hours: 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday.

FOR MORE INFORMATION: Interested parties may contact Katherine Schaefers, Planning Manager (707) 463-6203 or [email protected] ; or visit the Community Development Department, located at 300 Seminary Ave. Office hours: 8:00 am to 12:00 pm and 1:00 pm to 5:00 pm, Monday through Friday.

ADA ACCOMODATION: If you plan to attend the public hearing and need a special accommodation because of a sensory or mobility impairment/disability, or have a need for an interpreter, please contact Kristine Lawler, City Clerk, at (707) 463-6217 or [email protected] ATTACHMENT 1

CEQA Initial Study for:

Great Redwood Trail – Ukiah (Phase 4)
Mitigated Negative Declaration
August 29, 2024
SCH No: 2024081302
Prepared by:

City of Ukiah
Community Development Department
Planning Division
300 Seminary Avenue, Ukiah, CA 95482
www.cityofukiah.com/community-development/planning-services/ City of Ukiah

COMMUNITY DEVELOPMENT DEPARTMENT
ATTACHMENT 2

2 Great Redwood Trail – Ukiah (Phase 4)
Commerce Drive to Plant Road
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
Table of Contents
I. PROJECT INFORMATION 3
II. INTRODUCTION 4

1. Purpose of the Initial Study Checklist 4

2. Initial Study Checklist Document 4
III. PROJECT BACKGROUND 5

1. Project History 5

2. Project Location 5

3. Project Description 5

4. Project Elements 6
IV. EVALUATION OF ENVIRONMENTAL IMPACTS 11

1. Aesthetics 12

2. Agriculture and Forestry Resources 14

3. Air Quality 16

4. Biological Resources 21

5. Cultural Resources 31

6. Energy 36

7. Geology and Soils 37

8. Greenhouse Gas Emissions 40

9. Hazards and Hazardous Materials 44

10. Hydrology and Water Quality 50

11. Land Use and Planning 54

12. Mineral Resources 56

13. Noise 57

14. Population and Housing 60

15. Public Services 61

16. Recreation 63

17. Transportation 65

18. Tribal Cultural Resources 69

19. Utilities and Service Systems 71

20. Wildfire 74

21. Mandatory Findings of Significance 77
IV. DETERMINATION 79
VI. REFERENCES 81
VII. APPENDICES 85

3 Great Redwood Trail – Ukiah (Phase 4)
Commerce Drive to Plant Road
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
I. PROJECT INFORMATION
Project Title: Great Redwood Trail – Ukiah (Phase 4)
Lead Agency Address and Phone Number:

City of Ukiah
Community Development Department
300 Seminary Avenue
Ukiah, California 95482
CEQA Contact Person and Phone Number:

Katherine Schaefers, Planning Manager
City of Ukiah, Community Development Department
(707) 463-6203
[email protected]
Applicant: City of Ukiah
Property Owner: Great Redwood Trail Agency (GRTA)
Project Location: Approximately 1.9 miles of inactive rail corridor between Commerce Drive and Plant Road, primarily within the City of Ukiah.

General Plan Designation: The Great Redwood Trail - Ukiah is a designated park/recreation facility per Ukiah City Code §1965(C), and although not provided a General Plan Land Use Designation, the project area is adjacent to a mixture of commercial, public facility, residential and manufacturing uses.

Zoning Designation: The Great Redwood Trail - Ukiah is a designated park/recreation facility per Ukiah City Code §1965(C), and although not zoned, the project area is adjacent to a mixture of commercial, public facility, residential and manufacturing uses.

4 Great Redwood Trail – Ukiah (Phase 4)
Commerce Drive to Plant Road
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
II. INTRODUCTION

1. Purpose of the Initial Study Checklist
The purpose of this Initial Study (IS) is to determine the environmental impacts associated with the proposed project and to determine if the project will have a significant adverse effect on the environment. As such, only one option—the proposed project—need be evaluated. If the IS reveals that the project will have a significant adverse effect on the environment, an Environmental Impact Report (EIR) will be required. This will necessitate the consideration of a range of reasonable alternatives that would achieve most of the basic objectives of the project but would also avoid or substantially lessen any of the significant effects of the project.

The purpose of this project is to complete the Great Redwood Trail – Ukiah within city limits, creating a safe and efficient corridor for bicycle and pedestrian traffic, and providing direct non-vehicular access to major employment centers, public services, shopping areas, residential neighborhoods, and the future Mendocino County Courthouse.

2. Initial Study Checklist Document
This document in its entirety is an Initial Study Checklist prepared in accordance with the California Environmental Quality Act (CEQA), including all criteria, standards, and procedures of CEQA (California Public Resource Code Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000 et seq.).

Section 15063(d) of the State CEQA Guidelines states the content requirements of an Initial Study as follows:

1. A description of the project including the location of the project.

2. An identification of the environmental setting.

3. An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries on a checklist or other form are briefly explained to indicate that there is some evidence to support the entries.

4. A discussion of the ways to mitigate the significant effects identified, if any.

5. An examination of whether the project would be consistent with existing zoning, plans, and other applicable land use controls; and

6. The name of the person or persons who prepared or participated in the Initial Study.

5 Great Redwood Trail – Ukiah (Phase 4)
Commerce Drive to Plant Road
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
III. PROJECT BACKGROUND

1. Project History
In 1999, the City of Ukiah began to plan a new Class I trail facility (a paved right-of-way for bicycles and pedestrians), adjacent to the Northwestern Pacific (NWP) railroad tracks in the North Coast Railroad Authority (NCRA) right-of- way corridor. The trail concept first appeared in the City’s 1999 Bicycle Master Plan. The planning for the overall NWP Rail Trail Project was further advanced in the 2002 Rail Trail Feasibility Study, and the project was ranked as the highest priority in the Bicycle Master Plan in the 2006 Mendocino County Regional Bikeway Plan. In 2012, the City approved the first phase of the project, which was the first rail-with-trail project to be designed and constructed within the NCRA right-of- way in Mendocino County. Phase 1 was completed in 2015, and in that same year, the Ukiah Bicycle & Pedestrian Master Plan was adopted, furthering the City’s efforts for a holistic transportation system. In 2018, the City of Ukiah approved the construction documents for Phases 2 and 3 of the Great Redwood Trail - Ukiah. Construction commenced in the winter of 2019 and it was completed by the spring of 2020. In June 2020, the Ukiah City Council officially designated the trail as a recreation/park facility and renamed it the ‘The Great Redwood Trail – Ukiah’. Later that year, the City adopted the Great Redwood Trail - Ukiah Linear Park Master Plan to evaluate ancillary trail features and uses.

In May 2021 the City was awarded an Urban Greening Grant from the California Natural Resources Agency to construct Phase 4 segment of the Great Redwood Trail – Ukiah. In September 2021, the City Council awarded a professional services agreement to prepare the plans and specifications for Phase 4, which was subsequently amended in 2022. A contract was awarded by the City Council for the construction of Phase 4 in May 2024.

2. Project Location
The Project “Great Redwood Trail – Ukiah (Phase 4)” is located within an inactive 1.9-mile segment of railroad corridor/right-of-way subject to the jurisdiction of the Great Redwood Trail Agency (GRTA), formerly North Coast Railroad Authority (NCRA), between Commerce Drive and Plant Road with portions within the City of Ukiah incorporated area and the County of Mendocino unincorporated area.

For an overview of the GRT- Ukiah Phases 1-4, refer to Exhibit 1. Phase 1 of the GRT- Ukiah stretches from Clark Avenue to Gobbi Street. Phase 2 runs from Gobbi Street south to Commerce Drive, and Phase 3 from Clark Avenue north to Brush Street.

3. Project Description
The Project involves application for an Encroachment Permit to the Great Redwood Trail Agency (GRTA) to construct a 1.9 multimodal trail segment of the GRT - Ukiah (Phase 4). The Project will provide a Class 1 paved walking and biking facility from the existing southern terminus of the GRT - Ukiah at Commerce Drive to existing municipal facilities at Plant Road that will be improved to feature a small parking area and trailhead with seating and limited recreational amenities, such as tables. In addition to safety and connectivity improvements, the trail would provide opportunities for enhanced access to the GRT – Ukiah, as the Project would cross Airport Road and Norgard Lane, and includes the proposed construction of two (2) pedestrian access points to commercial entities within the Redwood Business Park. No trail lighting is included, only lighting at the road crossings will be provided.

6 Great Redwood Trail – Ukiah (Phase 4)
Commerce Drive to Plant Road
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
The proposed pathway would meander within the GRTA right-of-way and consist of a 10-foot-wide asphalt concrete paved Class I facility, with 2-foot-wide gravel shoulders on either side, for a total width of 14 feet and will parallel the existing track, which is proposed to remain (See Appendix A – Phase 4: GRT - Ukiah Plan Sheets).

The Project’s application materials are on file with the City of Ukiah Community Development Department, located at 300 Seminary Avenue, Ukiah, CA 95482 and are hereby incorporated by reference.

4. Project Elements
Key Project elements are summarized below:

Trail Construction
The meandering pathway would consist of a 10-foot-wide asphalt concrete Class 1 facility, with 2-footwide gravel shoulders on either side, for a total width of 14 feet. The pathway will be, at minimum, offset by 10 feet from the railroad centerline as required per GRTA Design Guidelines. A variety of equipment is proposed for use to construct the Project, including graders, bulldozers, excavators, cranes, trucks to remove dirt and deposit base and asphalt, asphalt paving machines, compacters for base, soil and asphalt, stripers, and concrete trucks and pumpers to pump concrete into forms. Staging would occur within the railroad right-of-way, at least 50 feet away from the wetlands and the top bank of waters for any associated riparian area.

Grading would need to occur along the entire trail alignment to achieve accessible slopes and suitable trail width. Similarly, fill would be placed and compacted along the alignment to establish the trail’s foundation. Grading permits would be obtained through the City and County, as needed. The civil grading design in the wetland impacted areas utilizes a more conservative interpretation of the wetland criteria. Grading activities were planned to maintain a specific area to encourage ponding and wetland generation to mitigate potential impacts engendered by construction activities.

Originally, Phase 4 of the Ukiah GRT was intended to be located on the centerline of the tracks, but the City of Ukiah elected to shift the alignment to the east side of the tracks based on concerns that railbanking would not be approved by the California Public Utilities Commission (CPUC). The result of shifting the trail to the east of the tracks introduced several additional design and environmental requirements. These issues are generally related to grading, drainage, structural integrity, tree removal and wetlands. These issues are interwoven with the environmental and resource agency permitting. The trail segment was designed pursuant to the previously adopted rail-with-trail policy of the former North Coast Railroad Authority and thus can be constructed and operated adjacent to the existing railroad tracks without necessitating the abandonment or railbanking of the subject property prior to approval.

Trail Bridges
Shifting the trail to the east of the tracks meant designing two new bridges, including efforts to coordinate the bridge foundations and related grading with existing nearby utilities. Crossings over riparian drainages identified as D1 and D2 within Appendix B (Aquatic Resource Report) will be clear spanned with pre-manufactured bridges set in place with a crane. The deck of the D1 bridge is approximately 200 square feet, while D2 is approximately 160 square feet. The deck will be concrete and 14 feet wide. Concrete footings will be cast in place 3 to 7 feet below grade and beyond the top of bank. No in-water work will be required to construct bridges.

7 Great Redwood Trail – Ukiah (Phase 4)
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Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
Culvert Extensions
Culvert extensions will occur at drainages D3, D4, and D5, extending approximately 15 feet, 13 feet, and 16 feet respectively. Each culvert extension will require downstream erosion control features. As proposed, existing drainage structures such as culverts would be extended to promote drainage of the trail facility and ensure the railroad would not be adversely affected by Project-related drainage.

Trailhead Development
Trailhead improvements near Plant Road would include signage, bicycle parking, striping for parking, and additional trail amenities such as benches, shade structures, picnic tables, and landscaping. The design includes demolition of the existing parking lot, and new paving and parking layout to accommodate the trail to the east of the tracks
Tree & Vegetation Removal
Limited tree and vegetation removal would be required for construction of the Project. If vegetation removal (e.g., clearing and grubbing) or other project-related activities must occur during the nesting season (typically March 15 to September 1), a qualified Biologist has been identified to survey for active bird nests within seven (7) days prior to the beginning of project-related activities. Additionally, mitigation and monitoring reports will be prepared and submitted annually for five years following implementation. Any replacement or newly planted trees will be monitored for 5 years. Annual reports will be submitted to the Regional Water Board by January 31 of each year following construction.

Pedestrian Trail Connections
Two ADA compliant pedestrian trail connections will be constructed, consisting of an ADA compliant ramp, as well as stairs. They would be approximately 600 feet south of Commerce Drive in the Panda Express parking lot and 1,600 feet south of Commerce Drive in the Holiday Inn parking lot. The trail would be integrated into public existing at-grade crossings with bulb-outs/curb extensions, lighting, crosswalk enhancements, signage, and/or other improvements.

Tribal Consultation
On August 8, 2024, a letter was sent to the Native American Heritage Commission (NAHC) requesting a current SB 18 and AB52 Native American Contact List for the project vicinity. On August 12, 2024, the NAHC provided a list of 31 tribal contacts within the greater Mendocino and Lake County vicinity surrounding Planning Area. The NAHC also indicated that a Sacred Lands File check was positive for a potential Pinoleville Pomo Nation tribal cultural resource within the greater Mendocino and Lake County vicinity. In accordance with AB 52, both the Guidiville Rancheria, who had requested to be notified of projects within the City of Ukiah’s jurisdiction, and the Pinoleville Pomo Nation, were sent a formal letter and project materials on August 13, 2024. As of the drafting of this Initial Study, no request for consultation has yet been received.

Public and Agency Input
During the preparation of this draft ISMND, a memorandum from Dave Anderson, PE, representing the GRTA, was received on July 23, 2024. The memorandum requests changes to the Project’s Plan Sheets and Special Provisions (Appendices A and D of this draft ISMND) and raises questions on project features and design. The memorandum will be included in the draft ISMND circulation and addressed in the final Initial Study.

In addition, on August 28, 2024, a report from the Northwest Information Center (NWIC) was received indicating that previously recorded historic resources and unrecorded archaeological sites may be present within the Project area. The historical resources would likely be associated with the main stem railroad line, P-23-0003363, the Northwestern Pacific Railroad. NWIC recommends that, prior to commencement of project activities, P-23-0003363 should be assessed by a qualified professional

8 Great Redwood Trail – Ukiah (Phase 4)
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City of Ukiah
familiar with the architecture and history of Mendocino County. In addition, due to the lack of full and current archaeological survey coverage, archival and field studies for the entire project are recommended to be performed by a qualified archaeologist to identify any unrecorded archaeological resources.

Currently, the Great Redwood Trail Agency (GRTA) is developing a Great Redwood Trail Master Plan and associated program Environmental Impact Report (PEIR) for the Great Redwood Trail traversing Mendocino, Trinity and Humboldt counties. The PEIR process analyzes comprehensive environmental effects, including those of archaeological and cultural significance. Therefore, these NWIC results will be uploaded along with this draft ISMND and forwarded to the Great Redwood Trail Agency (GRTA) for commentary regarding the historical rail line within the Project area, and any cumulative impacts regarding archaeological or tribal cultural resources within the area.

Regulatory Permits
In order to construct the project, Staff determined that permits from the California Department of Fish and Wildlife, Regional Water Quality Control Board, and United States Army Corps of Engineers may be required. The City in conjunction with its technical consultants prepared field work and studies to determine potential habitat and aquatic features, submitted necessary permit applications, and undertook subsequent coordination with the following regulatory agencies. – U.S. Army Corps of Engineering (USACE) Clean Water Act (CWA) Section 404 permit – North Coast Regional Water Quality Control Board (NCRWQCB) Section 401 Water Quality Certification
– California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement Existing Site Conditions/Environmental Setting
CEQA Guidelines §15125 establishes requirements for defining the environmental setting to which the environmental effects of a proposed project must be compared. The environmental setting is defined as “…the physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time the environmental analysis is commenced…” (CEQA Guidelines §15125[a]).

The Project is located within a former railroad corridor that traverses residential, industrial, agricultural and commercial areas within and adjacent to the City of Ukiah, as well as areas within and adjacent to the County of Mendocino. The site is mostly flat with a 0 to 2 percent slope. While some naturalized areas remain along the trail, such as wetlands or valley oak woodlands, numerous segments appear highly disturbed, featuring substantial amounts of detritus and evidence of disturbance from encampments (See Appendix B Aquatic Resources Report).

The Great Redwood Trail - Ukiah is a designated park/recreation facility per Ukiah City Code §1965(C), and although not zoned, the project area is adjacent to a mixture of commercial, public facility, residential and manufacturing uses. Nearly all the land adjacent to the Project, however, is under the ownership of the City of Ukiah, including the City of Ukiah Municipal Airport, recently annexed City-owned parcels south of Norg\ard Lane and north of the City’s Wastewater Treatment Facility, an undeveloped parcel with frontage along Airport Park Boulevard, as well as three (3) parcels at the terminus of Airport Road.

9 Great Redwood Trail – Ukiah (Phase 4)
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City of Ukiah
EXHIBIT 1: City of Ukiah – Great Redwood Trail Phases

CITY OF UKIAH - GREAT REDWOOD TRAIL ALIGNMENT
----:-----···:

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----. • • . .
. . ---.. • • • I
'"' ....... ~~,._...._ ...._,_,.t,,.--na::.l&-__ !..,_«o..~ ,..,,......,.ro••~""~"" _f'a.t.,...~ ................... 4.
.........
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PHASE 3 ------
• • .
• .
, PHASE 1 r-~~--... • ' ' ' •
----· . ---, .. , .._ -.

PHASE2
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• •
"·-----------.
0 • • • •
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•
.
• .
• •
·-
1,500
.

I
•
•
. •
3,000
Feet
----,
• • I; t
. . • • ·---. _ . .. .

10 Great Redwood Trail – Ukiah (Phase 4)
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Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
EXHIBIT 2: SITE PLAN
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EB
4,MD'
:z:
0 '7.1
1'
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8EGIN f ROJJECl

BEGIN BASE BID
END~OJECT
END ADD Al TERNA JIVE

BID BASE BID
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11 Great Redwood Trail – Ukiah (Phase 4)
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IV. EVALUATION OF ENVIRONMENTAL IMPACTS
Purpose of the Initial Environmental Study: This Initial Study Checklist has been prepared in compliance with the California Environmental Quality Act (CEQA) Guidelines. The Project is evaluated based on its potential effect on 20 environmental factors categorized as follows, as well as Mandatory Findings of Significance:

1. Aesthetics 11. Land Use and Planning

2. Agriculture & Forestry Resources 12. Mineral Resources

3. Air Quality 13. Noise

4. Biological Resources 14. Population & Housing

5. Cultural Resources 15. Public Service

6. Energy 16. Recreation

7. Geology & Soils 17. Transportation

8. Greenhouse Gas Emissions 18. Tribal Cultural Resources

9. Hazards & Hazardous Materials 19. Utilities and Service Systems

10. Hydrology & Water Quality 20. Wildfire
Each factor is analyzed by responding to a series of questions pertaining to the impact of the Project on said factor in the form of a checklist. This Initial Study Checklist provides a manner to analyze the impacts of the Project on each factor in order to determine the severity of the impact and determine if mitigation measures can be implemented to reduce the impact to less than significant without having to prepare an Environmental Impact Report.

CEQA also requires Lead Agencies to evaluate potential environmental effects based, to the extent possible, on scientific and factual data. A determination of whether or not a particular environmental impact will be significant must be based on substantial evidence, which includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.

The effects of the Project are then placed in the following four categories, which are each followed by a summary to substantiate why the Project does not impact the factor with or without mitigation. If “Potentially Significant Impacts” that cannot be mitigated are found, then the Project does not qualify for a Mitigated Negative Declaration and an Environmental Impact Report must be prepared.

Potentially Significant
Impact
Less than Significant With
Mitigation Incorporated
Less than Significant No Impact
No Impact: No impact(s) identified or anticipated. Therefore, no mitigation is necessary.

Less than Significant Impact: No significant impact(s) identified or anticipated. Therefore, no mitigation is necessary and no mitigation measures are required.

Less than Significant Impact with Mitigation Incorporated: Potentially significant impact(s) have been identified or anticipated, but mitigation is possible to reduce impact(s) to a less than significant category. Mitigation measures must then be identified.

Potentially Significant Impact: Potentially significant impact(s) have been identified or anticipated that cannot be mitigated to a level of insignificance. An Environmental Impact Report must therefore be prepared.

12 Great Redwood Trail – Ukiah (Phase 4)
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1. Aesthetics
AESTHETICS.

Except as provided in Public Resources Code
Section 21099, would the project:

Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In nonurbanized areas, substantially degrade the
existing visual character or quality of public views of the site and its surroundings? (Public views are those
that are experienced from publicly accessible
vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and
other regulations governing scenic quality?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views
in the area?
Significance Criteria: Aesthetic impacts would be significant if the Project resulted in the obstruction of any scenic vista open to the public, damage to significant scenic resources within a designated State scenic highway, substantial degradation to the existing visual character or quality of the site and its surroundings from public views, or generate new sources of light or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the Project.

Environmental Setting: Scenic vistas as typically described as areas of natural beauty with features such as topography, watercourses, rock outcrops, and natural vegetation that contribute to the landscape’s quality. Views of expansive hillsides, mostly within the County’s jurisdiction, surround the City. Some hillsides are densely forested with evergreen trees, while others are relatively open in comparison, dominated by mature oak trees set amid scrub and grasslands. Specific to vistas within the City limits, one of the most notable are views of the Western Hills, rising above the valley floor on the west side of Ukiah. Views within the City of Ukiah include those typical of existing residential and commercial development. In addition, some views of agricultural land uses within the City limits, or immediately outside of City limits, are available. The California Department of Transportation (Caltrans) identifies U.S. Highway 101 through the entire Ukiah Valley as a local scenic corridor but no officially designated State scenic highways occur within the City limits.

From the Project site, partial views of the Western Hills are available in the background to the west, while views of trees, riparian plants, seasonal wetlands, and commercial, industrial, and some agricultural development along the Project’s rail corridor are experienced throughout. Views within the Project Area are limited to the industrial railroad corridor, roadside vegetation, and adjacent structures □ □ ~ □
□ □ □ ~
□ □ □ ~
□ □ □ ~

13 Great Redwood Trail – Ukiah (Phase 4)
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City of Ukiah
and are not considered scenic. The visual setting within the Project Area features the railroad corridor itself, and varies throughout the corridor in terms of adjacent land-uses.

Discussion:
(a-d) Less than Significant. The proposed Project would involve construction in a public scenic location within Ukiah Valley with occasional views of the Western Hills. Construction of the Project would require temporary facilities, staging areas and public safety systems such as flagging fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as my be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. Construction would also require the removal of trees and other natural vegetative features to make way for the pathway on the eastern side of the tracks, which would also impact Wetlands C and D. Avoidance areas will be established to protect aquatic and biological resources within Wetlands A-D, and to allow for the re-establishment of vegetation on the site.

Avoidance measures would also include the use of highly visible flagging and the temporary installation of silt fencing. The removal of trees and natural vegetation, and the presence of flagging, heavy equipment and safety materials would present a temporary visual intrusion into an otherwise scenic public place during construction.

The project is visually consistent with the railroad corridor. Any visual modifications be minimal. Apart from the required non-continuous fencing, the project does not include any tall elements that would obstruct public views.

Following construction, the Project site and adjacent wetlands would be restored, and equipment removed. Existing visual obstructions (debris and rubble) would be removed from the site and the riparian areas along, and adjacent to, the rail corridor. In addition, trees and shrubs (valley oak, common manzanita, ceanothus, and toyon) will be planted within the riparian zone along the south bank that would provide compensatory mitigation for removal of these resources during construction. (b,c, d) No Impact
As noted in the project description, the Project site is in an urbanized area, surrounded by commercial and industrial development. The Project is also not located within a designated state scenic highway, and no lighting is proposed as part of the project. The proposed actions are consistent with zoning and other regulations governing scenic quality within the City of Ukiah. The project is anticipated to enhance the visual character of the area by introducing an aesthetically improved trail, facilitating pedestrian and bicycle mobility across the community, and providing opportunities for nature study and recreation. By formalizing and regulating public access within the project area, the project will reduce visual impacts caused by unauthorized use by transients and others.

Mitigation Measures: None

14 Great Redwood Trail – Ukiah (Phase 4)
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2. Agriculture and Forestry Resources
AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
d) Result in the loss of forest land or conversion
of forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest
land to non-forest use?
Significance Criteria: The Proposed Project would have a potentially significant impact on agricultural resources if it would convert prime farmland to a non-agricultural use, conflict with a Williamson Act contract, or disrupt a viable and locally important agricultural use. The Project would have a potentially significant impact on forestry resources if it would result in the loss, rezoning or conversion of forestland to a non-forest use.

Environmental Setting: Early agricultural efforts in the Ukiah Valley included the raising of livestock, and the growing of various grains, hay, alfalfa, and hops. When the Northwestern Pacific Railroad was completed in 1889; prunes, potatoes, pears, and hops could be grown and sent to San Francisco and other regional markets. Wine grapes were planted, and irrigation was practiced on a small scale.

Through the 1950s, hops, pears, prunes and grapes were the most widely planted crops in the Ukiah Valley. After the railroad was completed, lumber mills sprang up in the Ukiah Valley and became the □ □ □ [8J
□ □ □ [8J
□ □ □ [8J
□ □ □ [8J
□ □ [8J □

15 Great Redwood Trail – Ukiah (Phase 4)
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major industry in Mendocino County as trains took redwood logs and processed boards south to the San Francisco region. Today, much of the active agricultural land is located on the Valley floor and lower elevations along the Russian River system. Only a limited percentage of the Valley’s agricultural lands are currently protected under Williamson Act Agricultural Preserve contracts.

The City historically had an Agricultural Exclusive (A-E) combining district within the zoning code, but it was not applied to any lands within the city. The City’s 2040 General Plan, adopted on December 7, 2022, created an Agriculture (AG) land use designation, and also includes the City’s first Agricultural Element. The Project site is not designated as farmland, but is approximated by three City-owned Prime Farmland parcels, APN 184-080-37, and APN 184-090-01 roughly 150-250 ft south of Norgard lane to the east, with a General Plan designation as Public, zoned as Public Facilities (PF) with an Agricultural (A) combining district. In August 2024, the City of Ukiah introduced a Right-to-Farm Ordinance, which further strengthened awareness and protections for existing agricultural operations.

Discussion:
(a-d) No Impact. According to the California Department of Conservation Farmland Mapping & Monitoring Program, California Important Farmland Finder, the Project site is designated as “Urban Built-Up Land” and does not contain Unique Farmland, or Farmland of Statewide Importance. As such, the Project would not convert Farmland or conflict with existing zoning for agriculture or forest land. In addition, there are no parcels enrolled in Williamson Act Contracts within the Project Area. Therefore, construction and operation of the Project would have no effect on agricultural zoning or Williamson Act contracts because the Project does not involve any Williamson Act parcels.

Forest lands, timberland, or land zoned timberland production are also not present within the Project Area; therefore, no forest land or timberland would be converted to non-forest or non-timberland use.

Roadside trees and vegetation currently exist within the Project’s corridor that are proposed for removal. However, the Project area is not zoned forest land and the trees to be removed are not considered forest land resources. Potential biological impacts associated with tree removal are discussed in Section 4. Biological Resources. No impact would occur. (e) Less than Significant. As mentioned under questions a through d, the Project would not be constructed or maintained on land designated as farmland or forest land. However, three parcels adjacent to the Project site to the east between Norgard Lane and Plant Road are designated as “Prime Farmland”. Project construction activities that could indirectly affect adjacent agricultural lands include ground disturbance and vehicle use, which could result in dust emissions that could deposit dust on crops, and traffic delays associated with debris off hauling along Norgard Lane. Although indirect effects would occur, such effects would be temporary and would not result in any permanent conversion of farmland or forest lands. Indirect effects would be less than significant.

Mitigation Measures: None

16 Great Redwood Trail – Ukiah (Phase 4)
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3. Air Quality
AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase
of any criteria pollutant for which the project region
is non-attainment under an applicable federal or
state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading
to odors) adversely affecting a substantial number of
people?
Significance Criteria: The Proposed Project would have a significant impact to air quality if it would conflict with an air quality plan, result in a cumulatively considerable net increase of criteria pollutant which the Mendocino County Air Quality Management District (MCAQMD) has designated as nonattainment, expose sensitive receptors to substantial concentrations of air pollutants, or result in emissions that create objectionable odors or otherwise adversely affect a substantial number of people.

Environmental Setting: The Project is located within the North Coast Air Basin (NCAB), which includes Del Norte, Humboldt, Trinity, Mendocino, and northern Sonoma Counties. The area’s climate is considered Mediterranean, with warm, dry summers and cooler, wet winters. Summer high temperatures average in the 90s with high temperatures on very warm days exceeding 105 degrees.

Summer low temperatures range between 50-60 degrees. Winter high temperatures generally range in the 50s and 60s. The average annual temperature is 58 degrees. Winter cold-air inversions are common in the Valley from November to February.

Prevailing winds are generally from the north. Prevailing strong summer winds come from the northwest; however, winds can come from the south and east under certain short-lived conditions.

In early autumn, strong, dry offshore winds may occur for several days in a row, which may cause air pollution created in the Sacramento Valley, Santa Rosa Plain, or even San Francisco Bay Area to move into the Ukiah Valley.

Air districts are responsible for attaining and maintaining the National Ambient Air Quality Standards (NAAQS) and the California Ambient Air Quality Standards (CAAQS) for criteria air pollutants. The Project is located within Mendocino County (County) which is within the North Coast Air Basin (NCAB).

Air quality within Mendocino County is regulated by the Mendocino County Air Quality Management District (MCAQMD). The MCAQMD is classified as attainment or unclassified for all state and federal standards except for the state respirable particulate matter (PM10) standard (CARB, 2018; CARB, 2019); therefore, the MCAQMD has prepared the Particulate Matter Attainment Plan (PM Attainment □ ~ □ □
□ ~ □ □
□ □ ~ □
□ □ ~ □

17 Great Redwood Trail – Ukiah (Phase 4)
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Plan) to “prevent significant deterioration of local air quality and make reasonable efforts toward achieving attainment status for all pollutants” (MCAQMD, 2005). The Environment and Sustainability Element of Ukiah’s General Plan 2040 contains the following goal pertaining to air quality (City of Ukiah, 2022),
Goal ENV-7: To improve air quality to the benefit of public health, welfare, and reduce air quality impacts with adverse effects on residents’ health and wellbeing.

Discussion:
(a) Less than Significant with Mitigation.

The MCAQMD Particulate Matter (PM) Attainment Plan is the applicable air quality plan for the region; it includes a description of local air quality, the sources of local PM emissions, and recommended control measures to reduce future PM levels. The PM Attainment Plan recommends control measures that would be applicable to the Project and is the permit requirement for projects with over one acre of disturbance. Since the development of the PM Attainment Plan, this control measure has been adopted as a rule by the MCAQMD and accordingly, the Project will be subject to this measure.

In addition to the PM Attainment Plan, the Project would be required to comply with any other applicable MCAQMD rules and regulations including Rule 1-400(a), Rule 1-430(a), and Rule 1-430(b).

Rule 1-430 requires implementation of precautions and mitigation measures to reduce the amount of fugitive dust generated by construction and grading activities. The Project would implement Mitigation Measure AQ-1, Fugitive Dust Reduction Measures, consistent with the requirements of Rule 1-430.

Therefore, with adherence to the requirements of all applicable MCAQMD rules and implementation of the fugitive dust control measures (listed at the end of this section), the Project would not conflict with or hinder the implementation of the applicable air quality plan and the impact would be less than significant with mitigation incorporated.
(b) Less than Significant with Mitigation
As discussed above, Mendocino County is considered a non-attainment area for the state PM10 standard and is designated as either attainment or unclassified for all other state and federal ambient air quality standards. As part of an effort to attain and maintain the ambient air quality standards, the MCAQMD has established thresholds of significance for emissions criteria air pollutants and their precursors, as shown in Table AQ-1, below. Emissions of criteria air pollutants that exceed the applicable thresholds of significance for ozone precursors (reactive organic gases [ROG] and nitrogen oxides [NOx]), PM10 exhaust, or fine particulate matter (PM2.5) exhaust would be considered significant. The MCAQMD takes a qualitative approach to evaluating impacts from fugitive dust in that projects that implement Best Management Practices during construction would be considered to have a less than significant impact with respect to fugitive dust emissions (MCAQMD, 2010).

Table AQ-1

MCAQMD THRESHOLDS OF SIGNIFICANCE
ROG
(ppd)
Nox
(ppd)
PM10 Exhaust
(ppd)
PM2.5 Exhaust
(ppd)
Construction Emissions Threshold 54 54 82 54
Operational Emissions Threshold 180 42 82 54
NOTE: ppd = average pounds per day
SOURCE: MCAQMD, 2010
The Project would include habitat restoration and stormwater drainage improvements, groundwater recharge and water quality enhancements, and would provide a safe an ecologically interpretive experience for park visitors. Construction emissions generated from construction of the Project would

18 Great Redwood Trail – Ukiah (Phase 4)
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not result in emissions of criteria air pollutants in quantities that would exceed the MCAQMD CEQA thresholds of significance. Furthermore, the Project would implement Mitigation Measure AQ-1 and Mitigation Measure AQ-2: Best Management Practices which would ensure that the Project implements the control measures required by Rule 1-430, as well as the Best Management Practices required by the MCAQMD. Therefore, the Project would have a less than significant impact with mitigation incorporated with respect to emissions of fugitive dust during construction.

During operation, the Project would generate minimal criteria air pollutant emissions from use of employee vehicles for routine maintenance. These operational emissions would be the same as what is currently being performed during regular maintenance of the park and would not represent a significant new source of air pollutant emissions that could exceed the MCAQMD thresholds of significance. Since both construction and operational activity associated with the Project would not generate emissions of criteria air pollutants in amounts that would exceed the applicable thresholds of significance, the Project would not result in a cumulatively considerable net increase of any criteria air pollutant for which the Project region is in non-attainment, and the impact would be less than significant.
(c) Less than Significant.

Sensitive land uses are those where sensitive population groups are located and include residences, schools, hospitals, convalescent homes, and other facilities where people spend significant amounts of time. Project impacts related to increased community health risk can occur by introducing a new source of toxic air contaminants (TACs) with the potential to adversely affect existing sensitive receptors in the Project vicinity. Sensitive receptors in the vicinity of the Project site include residences to the east and west off Norgard Lane. The nearest residence is located within 100 feet from the Project site boundary. The Project would generate emissions of TACs during temporary construction activity. Although operation of the Project would generate occasional employee trips associated with maintenance activity, these trips would likely be made by light-duty vehicles, which are not considered to be a source of substantial TACs or PM2.5 emissions. Vehicle trips related to the operation and maintenance of the trail would encompass activities such as annual inspections, trash and debris removal, vegetation management, repaving, and striping. The project is expected to generate minimal traffic, as motorized access will be restricted to light maintenance, police, and emergency service vehicles. Maintenance of the trail is anticipated to be conducted by City personnel.

Project construction is not expected to include intensive or prolonged construction equipment use.

Due to the short duration (no one area of prolonged or intense construction activity), the Project would not result in the exposure of sensitive receptors to substantial pollutant concentrations. Therefore, the potential construction-related impact would be less than significant.

Following construction, the Project would not include any stationary sources of air emissions or new mobile source emissions that would result in substantial long-term operational emissions of criteria air pollutants. In fact, Project operation would reduce VMT resulting in reduced emissions as comparted to current conditions. Vehicle trips related to the operation and maintenance of the trail would encompass activities such as annual inspections, trash and debris removal, vegetation management, repaving, and striping. The project is expected to generate minimal traffic, as motorized access will be restricted to light maintenance, police, and emergency service vehicles. Maintenance of the trail is anticipated to be conducted by City personnel. Therefore, Project operation would not expose nearby sensitive receptors to substantial levels of pollutants. The potential operation-related impact would be less than significant.
(d) Less than Significant.

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During construction, use of diesel-powered vehicles and construction equipment could temporarily generate localized odors, which would cease upon Project completion and would not result in significant odorous impacts.

Typical land uses with the potential to generate considerable odorous impacts and odor complaints during operation including wastewater treatment plants, solid waste landfills, and composting facilities.

The Project includes habitat restoration as well as groundwater improvements at a designated park/recreation facility that does not include land uses identified as common odor sources. Therefore, operation of the Project would not generate substantial odorous emissions and would not result in significant odor impacts.

Mitigation Measures
AQ-1: Fugitive Dust Reduction Measures.

The Project would implement the precautions and mitigation measures required by Rule 1-430 including (MCAQMD, 2011):
• Reasonable precautions shall be taken to prevent particulate matter from becoming airborne, including, but not limited to, the following provisions:
− Covering open bodied trucks when used for transporting materials likely to give rise to airborne dust.
− Installation and use of hoods, fans, and fabric filters, to enclose and vent the handling of dusty materials.
− The screening of all open-outdoor sandblasting and similar operations; − The use of water or chemicals for the control of dust during the demolition of existing buildings or structures.
• The following airborne dust control measures shall be required during all construction operations, the grading of roads, or the clearing of land:
− All visibly dry disturbed soil and road surfaces shall be watered to minimize fugitive dust emissions.
− All unpaved areas shall have a posted speed limit of 10 mph. − Earth or other material tracked onto neighboring paved roads shall be removed promptly. − Approved chemical soil stabilizers shall be applied to exposed earth surfaces in active construction areas and exposed stock piles (i.e. sand, gravel, dirt). − Dust generating activities shall be limited during periods of high winds (over 15 mph). − Access of unauthorized vehicles onto the construction site during non-working hours shall be prevented.
− A daily log shall be kept of fugitive dust control activities.

AQ-2: Best Management Practices.

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The Project shall implement the Bay Area Air Quality Management District Best Management Practices as recommended by the MCAQMD’s Adopted Air Quality CEQA Thresholds of Significance and District Interim CEQA Criteria and GHG Pollutant Thresholds (MCAQMD, 2010; MCAQMD, 2013).

The District Interim CEQA Criteria and GHG Pollutant Thresholds indicates that the agencies should use the Bay Area CEQA thresholds for projects in Mendocino County. Therefore, the Project shall implement the following Best Management Practices (BAAQMD, 2017):
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxic control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with manufacturers specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
• Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. The person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

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4. Biological Resources

BIOLOGICAL RESOURCES
Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional,
or state habitat conservation plan?
Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in local/regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS) or any species protected under provisions of the Migratory Bird treaty Act (e.g. burrowing owls); substantial effect upon riparian habitat or other sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above; substantial effect (e.g., fill, removal, hydrologic interruption) upon state or federally protected wetlands; substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors; □ C8J □ □
□ C8J □ □
□ C8J □ □
□ □ C8J □
□ C8J □ □
□ □ □ C8J

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conflict with any local policies/ordinances that protect biological resources or conflict with a habitat conservation plan.

Environmental Setting:

Databases queried for the presence of biological resources included the California Department of Fish and Wildlife California Natural Diversity Database (CNDDB), the U.S Fish and Wildlife Service’s (USFWS) Critical Habitat Mapper. In addition, on March 10, 2023, the Project received a North Coast California Department of Fish and Wildlife (CDFW) Lake and Streambed Alteration Agreement (Agreement) that identified potentially impacted biological species (See Appendix F). From these resources, existing fish or wildlife resources the project could substantially adversely affect include Chinook Salmon (Oncorhynchus tshawstscha), Steelhead Trout (Oncorhynchus mykiss), Pacific Lamprey (Entrosphenus tridentata), Coastal Giant Salamander (Dicamptodon tenebrosus), California Newt (Taricha torosa), Red-bellied Newt (Taricha rivularis), Foothill Yellow-legged Frog (Rana boylii), Northwestern Pond Turtle (Actinemys marmorata), along with other amphibians, reptiles, aquatic invertebrates, mammals, birds, and other aquatic and riparian species.

On March 3, 2022, an Aquatic Resources Report/Delineation of Water of the United States, Including Wetlands, was performed for the Project by Jane Valerius Environmental Consulting. Four seasonal wetland areas (Wetlands A-D) and five drainages (D1-D5) were mapped for the Project area (See Appendix B Aquatic Resources Report).
• Starting in the south of the Project site, Wetland Area A is approximately 9,351 sf and is located south of Plant Road and is drier in the southern portion and then becomes more wetland as it goes north with saturated soils, algal matting and wetland plants defining this area. • Drainage D1 occurs approximately 5,433 sf within the Project site at Plant Road, is approximately 20-feet wide at the high-water mark, is rock lined with little to no soil development, and is proposed for integration with trailhead seating and recreational amenities. • Drainage D2 lies approximately 639 sf within the Project site and has been previously disturbed by both the railroad and Highway 101.
• Wetland Area B is a small 109 sf seasonal wetland within the Project site dominated by Himalayan blackberry and ryegrass.
• Wetland Area C is approximately 2,489 sf within the Project area and is fed by the culverts under the railroad tracks and is also dominated by Himalayan blackberry and ryegrass. • Wetland Area D is approximately 6,502 sf with the Project area, contains wetland vegetation, some willow trees (Salix spp.) and has been disturbed by homeless encampments including human refuse.
• Drainage D3 includes 99 sf within the Project area and is associated with a culvert under the railroad tracks.
• Drainage D4 is approximately 284 sf within the Project area and is also associated with a culvert under the railroad tracks.
• Drainage D5 is approximately 3,580 sf within the Project area, and includes an area proposed for a park.

Plant species observed ranged from facultative (FAC) plants such as Dallis grass (Paspalum dilitatum), ryegrass (Festuca perennis), and Himalayan blackberry (Rubus armeniacus), to facultative wetland (FACW) plants such as tall flat sedge (Cyperus eragrostis), to obligate (OBL) plants such as iris-leaved rush (Juncus xiphioides) and pennyroyal (Mentha pulegium). Wetland Area A is dominated by FAC species at the south end and then becomes dominated by OBL plants from the central to the north end of the mapped area. Wetland Areas B and C are also dominated by FAC species are disturbed, marginal wetlands. Wetland Area D is dominated by iris-leaved rush, which is an OBL plant

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species. This area is also highly disturbed from homeless people camping and leaving trash in the area, but it appears there may be groundwater supporting this wetland area as soils were saturated but not ponded.

The study also identified non-native annual grassland with annual grasses such as wild oats (Avena barbata/sativa), bromes (Bromus diandrus, B. hordaceus), hare barley (Hordeum murinum ssp. leporinum), medusa-head grass (Elymus caput-medusae), tall fescue (Festuca arundinacea), Harding grass (Phalaris aquatica), and weedy annual forbs such as wild radish (Raphanus sativus), fennel (Foeniculum vulgare), prickly lettuce (Lactuca serriola), vetch (Vicia sativa), and moth mullein (Verbascum blattaria), outside of the wetland areas.

Valley oak (Quercus lobata) woodland was observed along drainage D1 and D5 and valley oak trees along with many saplings occur within the study area. Other tree and shrub species noted include maple (Acer sp.), coyote brush (Baccharis pilularis), and poison oak (Toxicodendron diversilobum).

Some willows (Salix spp.) occur at Wetland Area D. See Appendix B Aquatic Resources Report for images and locations.

The Project will construct five encroachments, located at drainages D1-D5, adjacent to the Mendocino Railroad stream crossing infrastructure on the east side of the railroad grade.

Two encroachments are for the replacement of pedestrian bridges (D1 and D2). The encroachments at D1 and D2 will include:
• Excavating the banks
• Removing the existing footings and abutments
• Concrete footing and abutment from construction, pouring, and curing • Backfilling and compaction of fill, and
• Installing the bridge superstructure
• Enhancement and restoration activities (D1)
The encroachments at D3, D4, and D5 are culvert extensions that extend the existing railroad grade stream crossings and will include:
• Removing trees and vegetation
• Grading
• Placing culvert beddings
• Installing culvert extensions
• Backfilling and compaction of fill
• Installing rock slope protection below the culvert outlets and headwalls, and • Installing a manhole between the existing culvert and the extension (D3) • Dewatering (D4)
• Enhancement and restoration activities (D5)
• Constructing the pedestrian trail per design plans per Appendix A Phase 4: GRT – Ukiah Plan Sheets
As listed above, the Project proposes to perform enhancement and restoration activities to improve the functionality and quality of drainages (D1 and D5). A wetland area outside of the Project footprint on the west side of the railroad tracks, south of Drainage D3 and north of Wetland D, will be enhanced and restored as mitigation for the partial loss of Wetland D habitat with Project activities. This wetland feature is currently scattered with significant debris and garbage. Enhancement activities would

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include removal of trash and other man-made debris and will establish an additional 4,400 square feet of wetland.

Discussion:
(a) Less than Significant with Mitigation The activities described above may directly affect fish, wildlife and their habitat via loss or decline of riparian habitat, loss of benthic organisms, impediment of up or downstream migration, water quality degradation and damage to aquatic habitat and function.

During construction, sensitive species may be killed, injured, or forced to abandon habitat by vegetation removal, human and vehicle traffic, excavation, and other disturbance.

As part of the Project design, avoidance and minimization measures have been incorporated to address these impacts and include:

1. ESA Flagging or Fencing of Wetlands
Prior to construction activities, adjacent wetlands will be flagged or fenced to clearly delineate wetlands to be protected during construction. All crews will have a set of environmental drawings showing the locations of the known wetlands. The plans will also define the fencing installation procedure. The Project's special provisions package will provide clear language regarding acceptable fencing material and prohibited construction-related activities, vehicle operation, material and equipment storage, and other surface-disturbing activities within wetland areas.

2. Prevent Impacts to Nesting Birds
To the extent feasible, tree and vegetation removal activities shall occur during the non-nesting season (September 1 to March 1st).

If construction activities begin during the nesting season (February 15 to August 31), a qualified biologist shall conduct a preconstruction nest survey of all trees and other potential nesting habitat within and adjacent to the work area no more than seven (7) days prior to the initiation of work. In addition to surveying the work area, the biologist shall survey within 50 feet of the work area for passerine nests and scan all trees within 250 of the work area for raptor nests.

If the survey indicates the presence of nesting birds, the biologist shall determine an appropriately sized buffer around the nest in which no work would be allowed until the young have successfully fledged (or the nest has been abandoned). The size of the nest buffer shall be determined by the biologist and shall be based on the nesting species and its sensitivity to disturbance. In general, buffer sizes of up to 250 feet for raptors and 50 feet for other birds should suffice to prevent disturbance of active nests, but these buffers may be increased or decreased, as appropriate, depending on the bird species and the level of disturbance anticipated near the nest.

In addition to these avoidance measures, mitigation, as proposed by the California Department of Fish and Wildlife (See Appendix F) would reduce these affects to less than significant with Mitigation Measure BIO-1. This measure would include extending the avoidance window of nesting birds to March 15, mitigating impacts to aquatic life during stream/wetland dewatering, and a prohibition on monofilament netting (see Mitigation Measures below for full text).

The mature trees and utility poles within the Project site provide perches for raptors, including whitetailed kite and osprey, seeking prey in the annual grasslands below. Mature trees offering crevices

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and cavities may provide habitat for bat roosting. Preservation of existing mature trees, and the planting of new native trees could support raptors and other birds as well as common and special status bats, including pallid bat. The enhancement of dense groundcover would support the presence of several common ground-nesting bird species for roosting, nesting, and protection from predators, such as California quail. During construction, vegetation removal could kill or injure nesting birds or roosting bats or result in nest or roost abandonment. These impacts would be significant. However, Mitigation Measures BIO-1 would be implemented to reduce impacts on nesting birds and roosting bats to a less than significant level.
(b) Less than Significant with Mitigation Vegetation trimming and removal will be necessary for movement of equipment, installation of the trail and restoration features. In addition, ground disturbance may result in erosional flow towards the wetlands, potentially damaging riparian vegetation and contributing to sediment transport. These potential impacts to riparian habitat during construction would be significant.

As part of the Project design, avoidance and minimization measures have been incorporated to address these impacts and include:

1. Implementation of Storm Water Pollution and Prevention Plan (SWPPP) A stormwater pollution pretention plan (SWPPP) will be developed and implemented, which will prescribe Best Management Practices such as silt fencing or other sediment control infrastructure.

To prevent impacts from spills, construction equipment should be staged away from wetlands or sensitive habitat, and a spill prevention plan shall be in place to prevent runoff and contamination into the surrounding wetlands and drainage ditches. Excavated materials will be stockpiled away from sensitive habitat, in areas that are relatively level, and runoff control measures as described above will be used to prevent delivery of sediment to wetlands and watercourses. If wattles are used, they will consist of certified sterile, weed-free materials.

2. Spill Prevention Plan
To prevent impacts from inadvertent spills a spill prevention plan shall be in place to prevent runoff and contamination into adjacent waters and wetland drainage ditches. The Plan shall address the following:
• Construction equipment will be staged at least 50 feet away from the wetlands and the top of bank of waters.
• Construction equipment shall be cleaned and inspected prior to use. Mechanized construction equipment that will be used on the banks and in the channel will be cleaned and inspected daily prior to use. Servicing and refueling of vehicles and equipment shall be conducted a minimum of 50 feet from wetlands and waters at designated staging areas to avoid contamination through accidental drips and spills.
• Equipment shall be inspected daily by the operator for leaks or spills. If leaks or spills are encountered, they shall be cleaned up, and the cleaning materials shall be collected and shall be properly disposed. The source of the leak shall be identified prior to operating the equipment with resolution of the leak documented by the foreman. Spills shall be cleaned up immediately using spill response equipment.

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• Hazardous materials shall not be stored within 200 feet of wetlands or waters.

Mitigation Measure BIO-2 will require the submittal of the SWPPP and issuance of the North Coast Regional Water Quality Control Board’s Construction General Permit. Along with adherence to Mitigation Measure BIO-1 and BIO-3 (see discussion below), the potential adverse effects on riparian habitat would be mitigated to less than significant.
(c) Less than Significant with Mitigation The Project may have the beneficial effect of expanding the trail’s riparian corridor’s diverse array for habitat of vegetation and wildlife. Enhancement of native wetland surrounding the off-site mitigation area west of Wetland D, including removal of contaminated soils would improve water quality. Additionally, the Project enhancement would increase habitat complexity by promoting improved primary and secondary food web production. Wetlands and waters along, and adjacent to, the rail corridor have been degraded over time by a variety of debris and trash.

Connecting and enhancing the riparian areas where there are large gaps in riparian vegetation along some of the waters could better support dispersal opportunities of species such as western pond turtle and foothill yellow legged frog while increasing flood capacity.

Similarly, native vegetation enhancement of the seasonal wetlands would support a more complex wetland habitat and accommodate more extreme flood events through grading, stabilization, and planting of native species. Soil re-nourishment, control of weeds, and improvement of native plant recruitment would encourage native plant populations throughout the Project site.

Ground disturbances during construction could result in erosional flow into wetland areas, causing damage to the vegetation or soils. This potential indirect impact to seasonal wetlands during construction could be significant. Solid fill impacts from the construction of the trail will be mitigated by the enhancement of wetlands and enhancement and restoration of waters within the vicinity of, and hydrologically connected to, the Project (See Table BIO-1 below for a summary of impacts and mitigation).

Table BIO-1

WATERS AND WETLANDS IMPACTS AND ENHANCEMENT RESTORATION Feature Action Square Feet Acre
Waters D5 Enhancement (debris removal, plantings) 16,125 0.37 Waters D1 Enhancement (plantings) 2,000 0.05
TOTAL Waters Mitigation 18,125 0.42
TOTAL Waters Fill Impact 351 0.009
Existing Wetland West of Rail Enhancement and Restoration 1,015 0.02 New Wetland West of Rail 4,400 0.10
TOTAL Wetlands Mitigation 5,415 0.12
TOTAL Wetlands Fill Impact 4,976 0.11
As part of the Project design, the following actions and success criteria have been developed to minimize impacts to waters and wetlands.

1. Enhancement and Restoration of Existing Wetland West of Rail

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This wetland area is located outside the project footprint, on the west side of the rail, south of Waters D3 and north of Wetland D, (trail improvements occur on the east side rail at this location).

This wetland feature is scattered with significant debris and garbage. Enhancement activities include removal of trash and other man-made debris and will occur within 625 square feet (48 linear feet) of this wetland feature. In addition, a rug placed at the northern end of the wetland has cut water flow to additional wetland area to the north. When the carpet is removed, it is anticipated that approximately 390 square feet of wetland will be restored in this area.

Success criteria will be measured by the complete removal of the man-made debris and garbage.

Vegetation is anticipated to naturally grow back in patches that have been blocked by sun or cut off from water. Monitoring is proposed for year one to verify vegetation accretes naturally to the extent there is little difference as compared to adjacent existing wetland vegetation (based on preconstruction photos). If it is determined after one year, that the vegetation in not accreting at a satisfactory rate, as determined by a wetland ecologist/botanist, a wetland seed mix (See Appendix G Avoidance and Minimization Measures) will be spread in bare patches. If reseeding is required, then monitoring will occur for an additional year with pre and post conditions photo documented.

2. Enhancement and Restoration of Water D5 and Enhancement of Waters D1 To accommodate the trail, the existing two culverts at D5 will be extended 10 feet east from the existing outlet. Downstream of D5, substantial trash, debris, and concrete rubble has been dumped within the channel. Although removing the concrete rubble could be considered restoration, for the purposes of simplifying calculations, the entire length from the D5 culvert to Airport Boulevard Road is calculated as one number. Enhancement and restoration activities include removal of all trash and concrete rubble from top of bank to top of bank within the channel. In addition, approximately 31 trees and shrubs (valley oak, common manzanita, ceanothus, and toyon) will be planted within the riparian zone along the south bank to enhance water quality and habitat. The enhancement and restoration area within the D5 channel is approximately 11,125 square feet (445 linear feet) and the enhancement area within the riparian is approximately 5,000 square feet.

Success criteria will be measured by the complete removal of the trash and concrete rubble within the channel. No monitoring is required for trash and concrete removal. Tree and shrub plantings will be monitored for health and survival for five years. Succes criteria will be measured by an 85% survival rate after five years. Photo documentation from a consistent vantage point and written documentation as to the quantity and health of the trees and shrubs will be compiled in a memo each year. If the survival rate falls below 85%, new plantings will occur following the recommendation of the qualified arborist or plant ecologist monitoring the site.

3. Establish Wetland West of Rail
At the suggestion of North Coast Regional Board staff during a site visit in June of 2024, three areas on the west side of the rail, in the vicinity of Wetland C and D, will receive minor depression grading at the culver inlets to extend out the existing wetland (see Sheet C-111, C-112, and C-113 of Appendix A). These areas will be in the vicinity of the existing wetland to be enhanced and restored. The graded areas will be reseeded with an appropriate wetland seed mix (See Appendix G Avoidance and Minimization Measures for details).

Monitoring will be performed by a qualified wetland biologist/ecologist and is proposed to occur for up to three years or until the graded areas match the vegetation density of the existing wetland and are dominated by wetland plants. The existing wetland will be used as a benchmark for

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determining density. If it is determined after year one of monitoring that the vegetation is not progressing at a satisfactory rate to support a functional wetland, the area will be considered for reseeding or plugs.

Impacts to wetlands would be mitigated to a less-than-significant level through implementation of Mitigation Measures BIO-3. This measure would include adherence to the Project’s Avoidance and Minimization measures as outlined above, review of mitigation success by the North Coast Regional Water Quality Control Board (NCRWQCB), and mitigation monitoring and project tracking (see Mitigation Measures below for full text).
(d) Less than Significant
All five drainages on the site flow east towards the Russian River, which can be a seasonal movement corridor for fish and wildlife species, including the Chinook Salmon (Oncorhynchus tshawstscha), Steelhead Trout (Oncorhynchus mykiss), Pacific Lamprey (Entrosphenus tridentata) identified by the CDFW (Appendix F). Work within or affecting this community during construction may temporarily inhibit the use of this area as a wildlife corridor or nursery site. However, following construction, the wetlands and drainages will be maintained and expanded, providing for continued use as a movement corridor and potential nursery site. In addition, Mitigation Measure BIO-1 would reduce this impact to less than significant by adhering to all avoidance and minimization measures as written in the CDFW Lake and Streambed Alteration Agreement for the Project, including requiring sufficient water flow through all cofferdams or other artificial obstructions, and instating protocols on stranded aquatic life. (e) Less than Significant with Mitigation. The City of Ukiah 2040 General Plan, and specifically the Environment and Sustainability Element, (adopted December 7, 2022) contains goals and policies related to preservation and protection of environmental resources, such as trees, sensitive species and habitat, water quality, the Russian River and its tributaries, and wetlands. Additionally, the Public Facilities, Services and Infrastructure Element contains policies specificity to maintenance of parks and recreation facilities (City of Ukiah, 2022).

The City of Ukiah Tree Management Guidelines (City of Ukiah, 2023) provides policy guidelines for the preservation, maintenance, and enhancement of the urban forest in parks and other areas maintained by the staff and contractors of the City of Ukiah. As part of the Project design, the following actions have been developed to minimize impacts to trees by the City Engineer and contractors.

1. The locations of trees planned for removal are shown on the Plans. The Engineer shall be contacted a minimum of 48-hours prior to any tree removal to perform an on-site inspection and clearance. Trees shall be removed in a manner satisfactory to the Engineer. Tree roots that are identified on the Plans to be removed that are in conflict with new facilities shall be removed in their entirety or to provide the minimum clearances to new facilities as indicated below, regardless of root diameter. Where tree roots that are not identified on the Plans to be removed interfere with the construction or reconstruction of curb, gutter, sidewalk, pavement, utilities, other facilities, the Contractor shall excavate and expose the roots for inspection by the Engineer. Upon approval from the Engineer, the Contractor shall remove tree roots which are four (4) inches or less in diameter to provide a minimum clearance of six inches to any new facility.

In addition, Mitigation Measure BIO-4 will require a Tree Protection and Replacement Plan to ensure compliance with the City of Ukiah Tree Management Guidelines.

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(f) No Impact. No adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan is applicable to the Project site. Thus, there would be no impact.

Mitigation Measures:

BIO-1: Adherence to CDFW LSAA
All Project work shall adhere to the measures to protect fish and wildlife as written in the California Department of Fish and Wildlife (CDFW) Lake or Streambed Alteration Agreement Notification (LSAA) No. EPIMS-MEN-32359-R1C including the following measures:

1. Avoidance of Nesting Birds. Vegetation maintenance or removal (e.g., clearing and grubbing) shall occur between September 1 and March 15 unless Nesting Bird Surveys are completed and submitted to CDFW. Removal areas should be managed once cleared to reduce nesting potential during the breeding season.

2. Nesting Bird Surveys. If vegetation maintenance or removal (e.g., clearing and grubbing) or other project-related activities must occur during the nesting season, typically March 15 to September 1 (and depending on species and habitat quality from mid-January to midSeptember) a qualified Biologist shall survey for active bird nests within seven (7) days prior to the beginning of project-related activities. Surveys shall begin prior to sunrise and continue until vegetation, nesting behavior, and nests have been sufficiently observed. A report of the surveys shall be submitted to CDFW by email within three (3) business days of survey completion. The report shall include a description of the area surveyed, time and date of surveys, ambient conditions, species observed, active nests observed, evidence of breeding behaviors (e.g., courtship, carrying nesting material or food, etc.), and a description of any outstanding conditions that may have impacted survey results (e.g., weather conditions, excess noise, predators present, etc.). If an active nest is found, Permittee shall implement avoidance measures in consultation with CDFW. IF a lapse in project-related work of seven (7) days or longer occurs, the qualified Biologist shall repeat surveys before project work can resume.

3. Maintain Aquatic Life. When any cofferdam or other artificial obstruction is being constructed, maintained, or placed in operation, Permittee shall allow sufficient water at all times to pass downstream to maintain aquatic life below the obstruction pursuant to Fish and Game Code §5937.

4. Stranded Aquatic Life. The Permittee shall check daily for stranded aquatic life as the water level in the dewatering area drops. All reasonable efforts shall be made to capture and move all stranded aquatic life observed in the dewatered areas. Capture methods may include hand nets, dip nets, buckets, and/or by hand. Captured aquatic life shall be released immediately in the closest suitable aquatic habitat adjacent to the work site. Permittee shall submit detailed information regarding species that were stranded and relocated to the CDFW as described in the LSAA agreement.

BIO-2: Development of a SWPPP and compliance with the NCRWQCB Construction General Permit
The Construction Site Operator shall develop a Stormwater Pollution and Prevention Plan (SWPPP) and comply with the permit issued by the North Coast Regional Water Quality Control Board (NCRWQCB) for the National Pollutant Discharge Elimination System (NPDES) Department of Water Quality Construction General Permit, Permit No. 2009-0009. prior to commencement of construction activities.

BIO-3: Adherence to NCRWQCB Water Quality Certification

30 Great Redwood Trail – Ukiah (Phase 4)
Commerce Drive to Plant Road
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah
All Project work shall adhere to the Avoidance and Minimization Measures as approved by the North Coast Regional Water Quality Control Board Water Quality Certification ECM PIN CW-882169; WDID 1B22090WNME including the following project-specific measures:

1. Compensatory mitigation shall be implemented in accordance with the Attachment 2 The Great Redwood Trail Phase 4 Project – Avoidance and Minimization Measures submitted by the Applicant on January 13, 2023, and any subsequent revisions approved by the Executive Officer. Project mitigation includes a plan to remove trash and debris, extend wetlands with depressional grading, and plant in riparian areas as described by the plan. The Applicant proposes to monitor the revegetation to ensure 85% planting success criteria are met after 5 years which may be supplemented by appropriate volunteer riparian species. The applicant shall restore all temporary impact areas to pre-project condition.

2. Mitigation success shall be subject to the review and acceptance by Regional Water Board staff and shall not be considered successful until a minimum of five years of monitoring has occurred. Plants shall not be considered successful until irrigation has been terminated and plants are self-sustaining for a minimum of two years.

3. Mitigation and monitoring reports shall be submitted annually for five years following mitigation implementation (Reports). Reports shall be submitted to the Regional Water Board by January 31 and detail the monitoring results from the prior calendar year. The reports shall be submitted to the following email address: [email protected] Reports shall include:
• Year 1 report will include as-built plans for all plants; • Maintenance activities performed
• Monitoring methods
• Monitoring data summarized
• Time-series photographs
• Annual performance and whether success criteria are met • Recommendations for adaptive measures

4. Within 30 days of issuance of this Order, the Applicant shall upload Project information to EcoAtlas using the “Project Tracker” form found at the following website:
http://ptrack.ecoatlas.org/ Required information includes a Project map that may either be uploaded to EcoAtlas or created within EcoAtlas by using the “draw polygon” tool. Required mitigation monitoring reports shall be uploaded to EcoAtlas by March 1 following the certification January 31 monitoring report due date.

BIO-4 Approval of a Tree Protection and Replacement Plan

1. A Tree Protection and Replacement Plan, consistent with City of Ukiah General Plan and the City of Ukiah Tree Management Guidelines, shall be submitted for review and approval from the Public Works Department prior to Project construction. All requirements and restrictions within those documents would be complied with, including the incorporation of replacement trees for each tree removed. Guidance on tree protection, removal, and replacement provided in Sections 7.1 and 7.2 of the City of Ukiah’s Tree Management Guidelines (City of Ukiah, 2023) shall be followed.

31 Great Redwood Trail – Ukiah (Phase 4)
Commerce Drive to Plant Road
Draft Initial Study and Mitigated Negative Declaration
City of Ukiah

5. Cultural Resources
CULTURAL RESOURCES.

Would the project: Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant
to §15064.5?
c) Disturb any human remains, including those
interred outside of dedicated cemeteries?
Significance Criteria: The proposed Project would significantly impact cultural resources if the significance of a historical or archaeological resource were substantially changed, or if human remains were disturbed. Historical resources under CEQA include historic-era architectural resources within the built environment such as buildings, structures, and other objects. Archaeological and unique archeological resources can also be considered historical resources, according to CEQA Section 15064.5 and Section 21083.2(g).

Section 15064.5 states the term “historical resources” includes the following:
1) A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4850 et seq.);
2) A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in an historical resource survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant;
3) Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California may be considered to be an historical resource, provided the lead agency’s determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register of Historical Resources (Pub. Res. Code § 5024.1, Title 14 CCR, Section 4852) including the following:
a. Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; b. Is associated with the lives of persons important in our past; □ □ C8J □
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